The subdivision of land is a major factor in the process of achieving sound community development which ultimately becomes a public responsibility, since streets and utilities must be maintained and public services customary to urban areas must be provided. Further, the built environment can enhance or diminish the overall quality of life in the community. Land subdivision is a critical first step in defining the built environment. Therefore, it is to the interest of the public, the developer, and the future owners that subdivisions be conceived, designed and developed in accordance with appropriate design standards and development specifications. It is the intent of these regulations to aid in guiding the growth of the city in an orderly manner; and to provide attractive, well-planned subdivisions with adequate streets, utilities, and building sites in a manner that will be uniformly applied. The goals and objectives guiding the city planning and zoning commission and the city council in the preparation and adoption of this article are:
(1) 
To provide for the harmonious development of the urban area.
(2) 
To coordinate the supply of services as a tool for directing the optimal distribution of population in the urban area.
(3) 
To designate and preserve through advance dedication/reservation of rights-of-way for transportation corridors.
(4) 
To restrict development in areas where hazards may result.
(5) 
To minimize the financial burden of urban development upon the city.
(6) 
To ensure the accuracy of land records.
(7) 
To implement the comprehensive plan for El Campo.
(Ordinance 2014-08, sec. I (exh. A), adopted 9/8/14; 2010 Code, sec. 38-1; Ordinance 2019-02 adopted 3/25/19; Ordinance 2019-12 adopted 4/22/19)
Any owner of land within the limits of the city’s subdivision jurisdiction as defined in section 10.12.004 below who subdivides (as defined in this article) land shall submit to the city planning and zoning commission a plat of the subdivision which shall conform to the minimum requirements specified in this article. No plat of a subdivision lying within such subdivision jurisdiction or part thereof shall be filed or recorded in the office of the county clerk until such subdivision plat shall have been approved in accordance with the ordinance from which this section is derived by the city planning and zoning commission and such approval entered in writing on the final plat by the chairman of the city planning and zoning commission. No owner of land within such subdivision jurisdiction shall proceed with improvements in any such subdivision until the plat thereof shall receive preliminary and final approval by the city planning and zoning commission as provided in this article. The ordinance from which this section is derived shall not apply to any lot or lots forming part of a subdivision created and recorded prior to the effective date of this article, except for purposes of replatting or further subdividing.
(Ordinance 2014-08, sec. I (exh. A), adopted 9/8/14; 2010 Code, sec. 38-3; Ordinance 2019-02 adopted 3/25/19; Ordinance 2019-12 adopted 4/22/19)
(a) 
From and after the date of its adoption, the ordinance from which this article is derived shall govern all subdivisions of land within the corporate limits of the city and within its extraterritorial jurisdiction (herein referred to as “ETJ”) as provided under V.T.C.A., Local Government Code ch. 212. The boundary of the ETJ for the city, based upon its population and other factors, is some distance from the city limits and is subject to revision as provided for in V.T.C.A., Government Code [Local Government Code] ch. 42. The city planning and development department should be contacted to determine whether a particular property lies within the city’s ETJ.
(b) 
No land shall be subdivided within the corporate limits or the extraterritorial jurisdiction of the municipality until:
(1) 
Approvals of the preliminary plat and final plat have been obtained from the planning and zoning commission; and
(2) 
The approved final plat has been filed with the county clerk.
(c) 
No building permit or certificate of occupancy shall be issued for any parcel or plat of land which was created by subdivision after the effective date of, and not in conformity with, the provisions of this article; and no excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with this section.
(d) 
Neither the city nor any public utility operating within the city limits or ETJ shall serve or connect any land with water, sewerage, or other service unless and until both the city and such utility, as applicable, has been presented with proof that such land has an approved and duly recorded subdivision plat consistent with the requirements of this article or otherwise holds a certificate that a subdivision plat is not required to receive such utility service.
(Ordinance 2014-08, sec. I (exh. A), adopted 9/8/14; 2010 Code, sec. 38-4; Ordinance 2019-02 adopted 3/25/19; Ordinance 2019-12 adopted 4/22/19)
The owner of a tract of land located within the corporate limits or in the extraterritorial jurisdiction of the city who divides the tract into two or more parts must comply with the subdivision process prescribed in this article. The owner or his or her agent must have a plat of the subdivision prepared for review, approval, and recording pursuant to this section, regardless of whether the division of land is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method (see definition of “subdivision” in this article [section 10.17.001]). All contiguous land which is intended to be sold or developed or which is under the ownership of the applicant shall be included on the plat. If the applicant intends to subdivide a portion of his or her property for the purposes of sale or development, and the balance of the property is to remain undeveloped or unimproved, such remaining portion shall be designed as a future development phase and shall not be required to be included on the final plat, unless the comprehensive plan of the city or any of its elements or related plans, including but not limited to the land use plan, thoroughfare plan, parks plan, drainage plan, water system plan, or wastewater system plan, require dedication of right-of-way, easements, or land for streets, drainage, utilities, parks, or other public purposes on such property. In either case, however, a boundary description of the entire tract shall be provided on the plat. The subdivision planning and approval process consists of two major phases. The initial phase is the preparation and submission to the city planning and zoning commission of the preliminary plat of the proposed subdivision. This phase is the most significant phase in the planning process since it will demonstrate the suitability of the proposed subdivision design and its compliance with the objectives of this section. The second and final phase is the preparation and submission to the city planning and zoning commission of a final plat with construction plans. The final plat is the instrument which creates new legal boundaries when signed by the city planning and zoning commission chairman and recorded in the office of the county clerk.
(Ordinance 2014-08, sec. I (exh. A), adopted 9/8/14; 2010 Code, sec. 38-5; Ordinance 2019-02 adopted 3/25/19; Ordinance 2019-12 adopted 4/22/19)
(a) 
Filing and other fees related to this article shall be consistent with the city’s schedule of fees currently in effect, as set out in appendix A to this Code of Ordinances.
(b) 
Filing fees shall be paid to the city. All fees are nonrefundable.
(Ordinance 2014-08, sec. I (exh. A), adopted 9/8/14; 2010 Code, sec. 38-6; Ordinance 2019-02 adopted 3/25/19; Ordinance 2019-12 adopted 4/22/19)
No final plat shall be approved unless it conforms with the current city comprehensive plan, and no plat within the city limits at the time of final plat approval shall be approved unless it conforms with the zoning ordinance.
(Ordinance 2014-08, sec. I (exh. A), adopted 9/8/14; 2010 Code, sec. 38-7; Ordinance 2019-02 adopted 3/25/19; Ordinance 2019-12 adopted 4/22/19)
Notice of hearings for preliminary plat approval, final plat approval, and other approvals requiring notice and hearings shall be given in advance in the following manner:
(1) 
Publication at least 15 days in advance of hearing being published in an official paper or a paper of general circulation in Wharton County.
(2) 
Written notice of such public hearing forwarded by the director to owners (as the ownerships appear on the last approved ad valorem tax roll of such governing body) of all lots in the immediate preceding subdivision plat not less than 15 days prior to the date of such hearing; such notice may be served by depositing the same, properly addressed and postage paid, in a post office within the city; provided, however, if such immediate preceding subdivision plat shall contain more than 100 lots, such notice shall be mailed only to those owners of lots which are located within 200 feet of the lot or lots which are sought to be replatted or resubdivided.
(Ordinance 2014-08, sec. I (exh. A), adopted 9/8/14; 2010 Code, sec. 38-8; Ordinance 2019-02 adopted 3/25/19; Ordinance 2019-12 adopted 4/22/19)
(a) 
Preapplication conference.
The applicant shall consult with the director for advice and assistance before the preparation of the preliminary plat and formal application for its approval. The objective of this preapplication conference is to clarify the regulations, fees and procedures as they apply to the particular parcel and proposed subdivision. To acquaint the staff with the intended development, the developer shall provide the following information in sketch form at this preapplication conference:
(1) 
Location information identifying the site in relation to its surroundings; property legal description; and adjoining ownerships and uses.
(2) 
Generalized land use(s) and generalized land features (drainage area boundaries, other significant or sensitive environmental features).
(3) 
Existing and proposed utilities, streets, drainage improvements, and zoning (if applicable).
(4) 
Existing buildings and other structures.
(5) 
Brief description of the proposed development and, if applicable, phasing of construction.
(6) 
The location of existing major collectors and roads on the thoroughfare plan in relation to the proposed subdivision.
(b) 
Conceptual plan.
Where the proposed subdivision constitutes a portion of a larger land area owned by the developer, the director may require a conceptual plan for development of the larger area. The purpose of a conceptual plan is to demonstrate conformance with the comprehensive plan, a compatible arrangement of land uses, the general location of major thoroughfares, and the feasible continuation of streets, drainage, utilities, and all other subdivision improvements. A conceptual plan shall include all contiguous land owned by the developer or by any individual or entity with an ownership interest in the land included in the preliminary plat; provided that, if the area of such contiguous land is extensive, the director may require that the conceptual plan include only that amount of adjoining land which it finds sufficient to accomplish the above purpose. The conceptual plan shall be drawn at a scale. It shall show topography at one-foot contour intervals; generalized land uses; collector streets; drainage, water, and sewer service areas; and public or community facilities for such land area. The developer may submit a conceptual plan and a preliminary plat for simultaneous consideration by the commission, with the developer’s acknowledgment that required changes to the conceptual plan might require corresponding changes to the preliminary plat. Following its acceptance by the commission, a conceptual plan shall be retained as a public record in the office of the director of planning and development.
(c) 
Filing time.
The time required to review and process the preliminary plat shall be a maximum of 30 days following receipt of the complete application, preliminary plat, conceptual plan (as appropriate), and required support documents. Plat submittals which are incomplete shall be administratively denied. The director shall provide to the applicant written notification of the administrative denial of any incomplete plat submittal within ten working days of the filing of the plat. Written notice of administrative denial shall identify the required elements of the submittal which are incomplete or lacking.
(d) 
Form and content.
The purpose of the preliminary plat is to provide the commission with adequate information to determine whether the proposed development complies with the objectives and requirements of this section and the comprehensive plan, including the thoroughfare plan. The developer shall submit to the director three copies of the preliminary plat drawn on 22-inch by 34-inch paper at a scale of one inch to 100 feet or larger if necessary. Specific information to be included on the preliminary plat shall include the following:
(1) 
The proposed subdivision name and location, the name and address of the owner or owners, and the name of the designer of the plat.
(2) 
Date, approximate north arrow, and graphic scale (one inch to 100 feet or larger).
(3) 
Location sketch map drawn at a scale of one inch to 1,000 feet.
(4) 
The location of existing and platted property lines and the location and size of existing:
(A) 
Streets;
(B) 
Buildings;
(C) 
Watercourses;
(D) 
Railroads;
(E) 
Sewers;
(F) 
Bridges;
(G) 
Culverts;
(H) 
Drain pipes;
(I) 
Water mains;
(J) 
Electricity transmission lines and appurtenances;
(K) 
Petroleum or gas pipelines and appurtenances;
(L) 
Wells;
(M) 
Private easements;
(N) 
Public utilities easements and facilities;
(O) 
The present and/or proposed zoning classifications; and
(P) 
For each adjoining unplatted parcel, the deed reference and name of the owner of record or, for each adjoining platted lot, the subdivision name and lot and block reference.
(5) 
Proposed utility layouts (sanitary sewers, water, and surface water drainage) showing proposed connections to the existing systems.
(6) 
The locations and dimensions of existing and proposed rights-of-way, easements, parks and other open spaces, reservations, lot lines, building setback lines, boundary lines and utilities. Appropriately sized rights-of-way for roads shown on the thoroughfare plan that traverse the subject property or run adjacent to the subject property shall be shown.
(7) 
The total acreage to be subdivided. Projects developed in phases should indicate each phase on the plat.
(8) 
Lot sizes in acres or square feet for those lots smaller than one acre.
(9) 
The legal description of the lot, tract, or parcel of land to be subdivided.
(10) 
The boundary of any 100-year floodplain lying within the subdivision.
(11) 
Designation of any lot proposed for multifamily, industrial or commercial use. If any portion of the land within a preliminary plat is proposed to be served by a water or wastewater utility other than the city, that utility’s written commitment to serve the subdivision must be submitted with the preliminary plat.
(12) 
(Reserved)
(13) 
(Reserved)
(14) 
(Reserved)
(15) 
Title affidavit in the form prescribed by the director or a title report.
(16) 
The signature and seal of the subdivider’s engineer.
(e) 
Approval.
The commission shall render a decision on the preliminary plat at the meeting at which it is to be considered unless a postponement is agreed upon by the developer and the city planning and zoning commission. Such decision may consist of approval, conditional approval, or disapproval. In accordance with state law, a subdivision plat is deemed approved if the city does not disapprove the plat within 30 days of the submittal of a complete application. Conditional approval shall be deemed to be a disapproval of such plat until the director determines that such conditions have been met, at which time the director may approve the plat without sending it back to the commission. Within ten working days after his or her receipt of written affirmation from the developer that the conditions have been met, the director shall either determine whether the conditions have been met or send the plat back to the commission to make such determination. Approval of the preliminary plat shall lapse unless a final plat is submitted within one year from the date of initial approval; provided that, upon (1) receiving a written request from the developer submitted prior to the lapse of preliminary plat approval and (2) finding that the developer is actively pursuing approval of construction plans and/or a final plat, the director may extend the city’s approval of the preliminary plat one time for not more than one year provided that he finds that no material change has occurred in the preliminary plat. A preliminary plat whose approval has lapsed and has not been changed since its approval may be reinstated by the director as an approved preliminary plat upon the payment of all fees for a preliminary plat application in accordance with the fee schedule at the time of reinstatement and upon the director’s finding that the reinstated preliminary plat is in conformance with the objectives of this section and the comprehensive plan. Subsequent units of subdivision shall be reviewed as to their conformance to the preliminary plat. Approval of the preliminary plat by the city planning and zoning commission shall not constitute acceptance of the final plat but will be deemed only concurrence with the arrangement of land uses and public facilities, the provision of public utility services or acceptable alternatives, the phasing of development, if applicable, and the approximate size of streets, lots, and blocks. The developer may proceed with the preparation of construction plans and the final plat in accordance with the approved preliminary plat and the regulations in effect on the date of preliminary plat approval or reinstatement, whichever is later.
(Ordinance 2014-08, sec. I (exh. A), adopted 9/8/14; 2010 Code, sec. 38-9; Ordinance 2019-02 adopted 3/25/19; Ordinance 2019-12 adopted 4/22/19)
(a) 
Generally.
The final plat shall conform to the preliminary plat as approved, except for minor changes approved by the commission, and, if desired by the developer, it may constitute only that portion of the approved preliminary plat which he or she proposes to record and develop at the time; provided that such portion conforms to all requirements of the El Campo subdivision ordinance which were in effect on the date of approval of the preliminary plat, and that the phases of development be indicated on the preliminary plat.
(b) 
Filing time and approval.
Plats shall be filed with the city clerk before the deadline established by the director. Plat submittals which are incomplete shall be administratively disapproved. The director shall provide to the applicant written notification of the administrative disapproval of any incomplete plat submittal within ten working days of the filing of the plat with the city clerk. Written notice of administrative disapproval shall identify the required elements of the submittal which are incomplete or lacking. The commission shall render a decision on the final plat at the meeting for which it is to be considered unless a postponement is agreed upon by the developer and the commission. The status of final plat approval shall be identified on the plat submittal, identifying whether plat approval is for construction or recording. The commission shall take action on all complete plat submittals within 30 days of the filing deadline. Such action may consist of approval, conditional approval, or disapproval. In accordance with state law, a subdivision plat is deemed approved if the city does not disapprove the plat within 30 days of the submittal of a complete application. Conditional approval shall be deemed to be a disapproval of such plat until the director determines that such conditions have been met, at which time the director may approve the plat without sending it back to the commission. Within ten working days after his or her receipt of written affirmation from the developer that the conditions have been met, the director shall either determine whether the conditions have been met or send the plat back to the commission to make such determination.
(c) 
Form and content.
The final plat represents the commission’s final opportunity to ensure that the development conforms to the requirements of this article, that it is consistent with all the conditions identified in the preliminary plat and that there is compliance with all provisions of this article. The developer shall submit to the director three copies of the final plat. The final plat shall be drawn at the same scale and same sheet size as the preliminary plat. Where necessary the final plat may be on several sheets accompanied by an index sheet showing the entire subdivision. The final plat shall show or be accompanied by the following information:
(1) 
Name and location of subdivision, date, graphic scale and true north arrow.
(2) 
An accurate boundary survey of the property, with bearings and distances, referenced to survey lines and established subdivisions, and showing pertinent data concerning property immediately adjacent in broken lines.
(3) 
The right-of-way lines of all streets and alleys, property lines of lots, reservations, easements, and any areas to be dedicated to public use, and sites for other than residential use with notes stating their purpose and limitations.
(4) 
Sufficient data to determine readily and reproduce on the ground the location, bearing and length of every street line, lot line, boundary line, block line and building line whether curved or straight. This shall include accurate dimensions, bearing or deflecting angles and radii, area, and central angle, degree of curvature, tangent distance and length of all curves where appropriate.
(5) 
Name and right-of-way width of each street or other rights-of-way.
(6) 
Location map at a scale of one inch to 1,000 feet.
(7) 
Number of all lots and blocks.
(8) 
The location of minimum building setback lines from all streets, in accordance with the zoning, or within the ETJ, the land use designation from the future land use map in the comprehensive plan, and the proposed zoning of each lot for tracts being annexed (see section 10.12.017).
(9) 
A certificate of dedication of all streets, alleys, parks, easements, and other open spaces to public use, signed and acknowledged, by the owner or owners of the property and all lienholders (see section 10.12.024).
(10) 
Certification by a registered public surveyor or registered professional engineer, registered in the State of Texas, to the effect that such plat represents a complete and accurate survey (see section 10.12.024).
(11) 
Other needed certificates and plat notes identified under section 10.12.024.
(12) 
Construction plans and construction guarantees as specified in section 10.12.022 shall accompany the final plat.
(13) 
The minimum finished floor elevation for any future structure on any lot lying wholly or partly within the 100-year floodplain.
(14) 
Certification that the ownership has not changed since submittal of the preliminary plat.
(d) 
Recording.
The final plat may be approved for recording after 90 percent completion of construction, as determined by the director, if a cash bond or surety bond or an irrevocable letter of credit acceptable to the director is deposited with the city to secure the completion of all improvements. In this case, the director shall certify that the financial assurance has been deposited with the city. Upon approval of the final plat for recording and certification by the chairman of the commission, the subdivider shall submit three translucent film (Mylar) originals, of which one shall be retained in the files of the director. A digital file shall also be submitted if available. Approval of the final plat by the commission shall constitute the acceptance by the public of the dedication of any streets or other public way or ground subject to the construction and maintenance guarantees of the developer.
(e) 
Phasing of final plats.
Where only a portion of an approved preliminary plat is submitted for final approval, a final plat of the remaining area may be submitted at any time within five years of the date of preliminary plat approval. If the final plat for the remaining area does not conform substantially with the approved preliminary plat, the remaining area of the preliminary plat shall be deemed null and void. If a final plat of the remaining area has not been submitted within the five-year time period, the portion of the preliminary plat for which no final plat has been submitted shall be deemed null and void. However, if at least one phase of the preliminary plat has received final plat approval, its public improvements have been completed, and it has been filed in accordance with these regulations, an extension to the five-year time limit shall be granted by the director upon request by the developer unless the director determines that development conditions have substantially changed since the date of preliminary plat approval, in which case the request shall be forwarded to the commission. The commission may deny the request if it determines that development conditions have substantially changed, and such conditions shall be stated in the minutes of the meeting. A request for the extension must be submitted to the director prior to the five-year deadline date. Such extensions shall be for a period of one year, and may be renewed annually.
(Ordinance 2014-08, sec. I (exh. A), adopted 9/8/14; 2010 Code, sec. 38-10; Ordinance 2019-02 adopted 3/25/19; Ordinance 2019-12 adopted 4/22/19)
(a) 
Replatting without vacating plats.
(1) 
Generally.
A replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding plat without vacation if the replat:
(A) 
Is signed and acknowledged by only the owners of the property being replatted;
(B) 
Is approved by the commission after a public hearing on the matter at which interested parties and citizens have an opportunity to be heard; and
(C) 
Does not attempt to amend or remove any covenants or restrictions.
(2) 
Procedure.
A replat shall be submitted, reviewed, and considered by the commission in the manner prescribed in this article for a subdivision. However, in addition to these requirements, a replat shall be subject to the public notice requirements of state law if any lot in the preceding plat was limited to residential use for not more than two residential units per lot.
(3) 
Utilities.
The relocation and/or abandonment of any utilities shall be the responsibility of the developers and shall be provided for concurrently with the replatting procedure. The cost of any such relocation and/or abandonment shall be borne by the developer.
(b) 
Vacating plats.
(1) 
Generally.
The owners of land covered by a plat may vacate the plat at any time before any lot in the plat is sold. If lots have been sold, the plat or any portion of the plat may be vacated on the application of all owners of lots in the plat in accordance with the procedures in this section.
(2) 
Procedure.
A request for a plat vacation shall be made on the forms provided by the director with the required signature(s) and acknowledgments(s). The vacation shall be considered by the commission in the manner prescribed for the original plat. Once the request for vacation has been approved by the commission, an order to vacate shall be signed by the chairperson of the commission and submitted to the county clerk for filing. If the plat being vacated is located outside the city limits in the ETJ, the vacation must also be approved by the county commissioners’ court prior to its submittal to the county clerk. The county clerk shall write legibly on the vacated plat the word “Vacated” and shall enter on the plat a reference to the volume and page at which the vacating instrument is recorded. Upon the execution and recording of the vacating instrument, the vacated plat has no effect.
(c) 
Amending plats.
The commission may approve and issue an amending plat, which may be recorded and is controlling over the preceding plat without vacation of that plat if the amending plat is signed by the applicants only and is solely for one or more of the purposes set forth in state law. Notice, a hearing, and the approval of other lot owners are not required for the approval and issuance of an amending plat.
(d) 
Correction of errors in approved but unrecorded plats.
A final plat which has been approved by the commission but not recorded with the county clerk and is found to contain a scrivener’s or clerical error may be corrected by the applicant upon approval by the director. This procedure shall only be applied where the error is not substantive. The director may send any such corrections to the commission for approval.
(e) 
Additional requirements for replatting without vacating previous plat.
If any of the proposed area to be resubdivided or replatted was, within the immediate preceding five (5) years, limited by any interim or permanent zoning classification to residential use for not more than two residential units per lot, or if any lot in the immediate previous subdivision was limited by deed restriction to residential use for not more than two residential units per lot, the following additional requirements for approval shall apply, in any resubdivision or replatting of a subdivision, without vacating the immediate previous plat.
(1) 
Notice of such city planning and zoning commission and city council hearing shall be given in advance in the following manner:
(A) 
Publication at least fifteen (15) days in advance of hearing being published in the official city newspaper of general circulation; and
(B) 
Written notice, with a copy of subsection (2) of this subsection attached thereto, of such public hearing forwarded by the city to the owners (as the ownerships appear on the most recently approved ad valorem tax roll of the city) of property in the original subdivision; such notice may be served by depositing the same, properly addressed and postage paid, in a post office or postal depository within the boundaries of the city.
(2) 
If the proposed replat 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 (3/4) of all members of the planning and zoning commission and city council. For a legal protest, written instruments signed by the owners of at least twenty percent (20%) of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending two hundred feet (200') from that area, but within the original subdivision, must be filed with the planning and zoning commission and city council prior to the close of the public hearing.
(3) 
Compliance with subsections (2) and (3) 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 a use 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.
(Ordinance 2014-08, sec. I (exh. A), adopted 9/8/14; 2010 Code, sec. 38-11; Ordinance 2019-02 adopted 3/25/19; Ordinance 2019-12 adopted 4/22/19)
(a) 
Eligibility.
A plat that meets the definition of a minor plat may be processed in one step and approved administratively thereby combining the preliminary plat and final plat requirements and, at the discretion of the director of planning and development, eliminating the requirement to be forwarded to the planning and zoning commission for review and approval (see definition of minor plat below). A minor plat is a plat involving four or fewer lots fronting on an existing public street and as per the director’s determination that:
(1) 
Required subdivision improvements are routine in design;
(2) 
Proposed lot sizes and lot configurations will comply with this article and the zoning ordinance or, if not subject to zoning, are in conformance with the comprehensive plan;
(3) 
Provisions for required subdivision improvements are made in accordance with section 10.12.014 [section 10.12.015] of this article; and
(4) 
The subdivision does not necessitate the extension of any municipal utilities, other than the installation of service lines to the individual lots, because either existing mains of adequate capacity are accessible, or the subdivision is suitable for on-site water supply and wastewater disposal. Construction plans may be waived by the director. The director will determine whether the proposed subdivision meets the definition of a minor plat based on the information presented at the preapplication conference and his or her determination is final.
(b) 
Application procedure.
The submittal of an application for a minor plat shall be made to the director of planning and development at the preliminary conference. Upon determination by the director that the proposed subdivision meets the definition of a minor plat, the applicant shall submit a final plat consistent with the requirements for preliminary and final plats in section 10.12.010 and section 10.12.011 [section 10.12.009 and section 10.12.010] of this article.
(c) 
Review procedures.
The director shall review the proposed minor plat to ensure compliance with all applicable requirements. The director may submit the proposed subdivision to other city departments and/or other agencies for review and comment, as he or she deems necessary. Within ten working days after the date of application, the minor plat shall be returned to the subdivider with written comments. Upon completion of plat review by city staff and corrections by the applicant, the applicant shall submit the items listed below within ten working days after receiving staff comments:
(1) 
Three reproducible Mylars of the final plat;
(2) 
Tax certificates stating that no taxes are delinquent against the property; and
(3) 
The appropriate filing fees for final plats as specified in the current schedule of fees.
If the items listed above are not submitted within ten working days after receipt of staff comments, the minor plat application will be considered null and void.
(d) 
Approval procedures.
The director of planning and development may approve a minor plat without sending it to the planning and zoning commission, although he or she may elect to forward a minor plat to the commission for review and approval. A minor plat not approved by the director will be sent to the commission for action within 30 days after the date of application.
(Ordinance 2014-08, sec. I (exh. A), adopted 9/8/14; 2010 Code, sec. 38-12; Ordinance 2019-02 adopted 3/25/19; Ordinance 2019-12 adopted 4/22/19)
(a) 
City policy.
The city council shall require that all land subdividers and developers shall, on all subdivisions of land in the city and within its extraterritorial jurisdiction, as that term is defined in the Texas Local Government Code, adhere to and be governed by the policies that have been established for the provision and construction of underground utilities, street improvements, alleys or easements.
(b) 
General development requirements.
(1) 
Water lines, sewer lines and storm sewers.
The subdivider or developer shall be required to construct, at his own expense, all water lines, sewer lines, storm sewer lines, drainage ditches, detention facilities, if required, and structures in accordance with the current design standards in effect at the time of construction. This shall include all engineering costs for design, layout and construction supervision. Preliminary plans and layouts for all such utility lines shall be submitted by the subdivider or developer to the commission for study along with the submission of the preliminary plat of the subdivision. Final construction plans will be submitted by the subdivider at the time of filing his final plat with the commission in the same number of copies as required of the subdivision plat.
(2) 
Street improvements, curb and gutter, pavement.
The subdivider shall be required to construct, at his own expense, concrete curb, and gutter streets in accordance with current design standards in effect at the time of construction. This shall include all engineering costs for design, layout and construction supervision. Preliminary plans for such improvements shall be submitted to the commission for study and for tentative approval before any work is started in the subdivision. Detailed construction plans, including plan and profile for each street, shall be filed with the submission of the final plat in the same number of copies as required of the final subdivision plat.
(Ordinance 2014-08, sec. I (exh. A), adopted 9/8/14; 2010 Code, sec. 38-13; Ordinance 2019-02 adopted 3/25/19; Ordinance 2019-12 adopted 4/22/19)
The design standards outlined in the subdivision regulations and the City of El Campo Design Manual will, from time to time require revisions and updates to allow for changing construction technology. The design standards referenced herein shall mean the current standards as of the date of adoption of this code amendment, or as they may be revised from time to time.
(Ordinance 2014-08, sec. I (exh. A), adopted 9/8/14; 2010 Code, sec. 38-14; Ordinance 2019-02 adopted 3/25/19; Ordinance 2019-12 adopted 4/22/19)
(a) 
Generally.
The purpose of minimum improvements and design standards outlined in the design manual is to reflect the character and quality of development envisioned by the city planning and zoning commission to be in the best interest of the citizens both present and future, and to ensure that the long-term effects of development which takes place will not become a burden upon the general public in the future. The specific requirements expressed herein are established to provide streets of adequate right-of-way width, alignment and traffic capacity to prevent or at least to minimize traffic hazards and congestion, to provide adequate space for the installation of necessary utility services and collection and disposal of storm waters and to establish sized lots, tracts or parcels of land where residential and other types of building structures may be constructed without creating hazards to the health, safety, and wellbeing of the occupants. Where physical or topographical features may render the specific requirements identified to be impracticable, the city council may authorize a variance from these standards (see section 10.12.023(d)).
(b) 
Minimum improvements required.
The following improvements are required prior to final plat approval for recording.
(1) 
Monuments and lot markers.
Monuments shall be set at each corner of the survey boundary of the subdivision, and permanent lot markers shall be placed at each lot corner. Monuments and lot markers shall be set immediately after completion of utility installations and street construction, or as the director may require.
(A) 
Monuments.
Monuments shall be made of an iron rod one-half inch in diameter and three feet long, securely set in the ground until its top is flush with the natural surface of the ground. A block of concrete four inches square or five inches in diameter and 18 inches deep shall be set around the upper end, flush with the top of the rod. Where, due to topographical conditions, permanent structures, or other conditions, the view is obstructed between any two adjacent monuments intermediate monuments shall be so set as to ensure a clear view between adjacent monuments.
(B) 
Lot markers.
Lot markers shall be iron pins no less than 18 inches long nor less than one-half inch in diameter set flush with the ground at every corner, at all angle points, and at all points of curves not otherwise designated under subsection (A) above.
(2) 
Street access and widths.
All lots shall have access to a dedicated public or private street. Fee strips established to provide access to a tract not fronting a dedicated street shall not be permitted. Pavement width and right-of-way shall be as specified by the city planning and zoning commission and, in all cases, shall be not less than the minimum standards outlined in the City of El Campo Design Manual, chapter 6, Paving and Street Design Requirement.
(3) 
Existing streets.
Where subdivisions are adjacent to existing streets and the rights-of-way widths of those existing streets are less than the minimum right-of-way width as set out in this chapter for all streets, the developer may be required to dedicate on the plat the right-of-way width required adjacent to the land being platted to bring the existing street to right-of-way width as set out in the City of El Campo Design Manual, chapter 6, Paving and Street Design Requirement.
(4) 
Pavement.
Excavation, embankment, and compaction, preparation of sub-grade, flexible base, and surfacing shall be in compliance with appendix B, City of El Campo Design Manual, chapter 6, Paving and Street Design Requirement.
(5) 
Curbs.
The developer shall provide material in compliance with the city’s standard specifications outlined in the City of El Campo Design Manual, chapter 6, Paving and Street Design Requirement.
(6) 
Water supply system.
Water mains properly connected with the city water distribution system shall be sized (minimum six inches in diameter) and constructed so to serve adequately all lots shown on the subdivision plat for both domestic use and fire protection. The size and type of water mains and service connections, the location and types of valves and hydrants, the amount of soil cover over the pipes and other features of the installation shall be approved by the director and conform with the city’s standard specifications.
(7) 
Sanitary sewers.
When located within the service area of the city sewage collection system or state-approved sewage collection systems, sanitary sewer mains shall be a minimum of eight inches in diameter and installed in such a manner as to serve adequately all lots with service connections (sewer taps) to the public system and conform with the city’s standard specifications.
(8) 
Drainage facilities.
Drainage facilities shall be provided consistent with the city drainage ordinance and designed to meet the approval of the director and shall be constructed in accordance with the city’s standards and specifications.
(9) 
Sidewalks.
Sidewalks, constructed in accordance with the city’s standards and specifications, shall be required as provided herein in section 10.12.016(q).
(10) 
Street signs.
Street signs shall be installed by the developer at all intersections within or abutting the subdivision. Such signs shall be of a type approved by the city and shall be installed in accordance with city standards.
(11) 
Streetlights.
Streetlights shall be installed by the developer at all intersections and at the end of cul-de-sacs.
(Ordinance 2014-08, sec. I (exh. A), adopted 9/8/14; 2010 Code, sec. 38-15; Ordinance 2019-02 adopted 3/25/19; Ordinance 2019-12 adopted 4/22/19)
(a) 
Street layout, right-of-way, and pavement widths.
Adequate streets shall be provided by the developer and the arrangement, character, extent, width, grade, and location of each shall conform to the comprehensive plan, and these design factors shall be considered in their relation to existing and planned streets, topographical conditions, public safety, and convenience, and to their appropriate relationship to the proposed uses of land to be served by such streets. The street layout shall be devised for the most advantageous development of the entire neighborhood. Unless specifically approved by the city planning and zoning commission, no double-front lots, as defined in this article, will be allowed. Street type, pavement, and right-of-way widths for all streets within and adjacent to the subdivision shall be as specified by the city planning and zoning commission and, in all cases, shall be not less than the following:
Land Use on Both Sides of Right-of-Way (R.O.W.)
Roadway Classification
Single Paving Section
Divided Paving Section
Right-of-Way Width
Pavement Width
Curb
Right-of-Way Width
Pavement Width
Curb
Single-family residential
Local
60'
28' (B-B)
6" or 4" x 12
–
–
–
Single-family residential
Collector
80'
41' (B-B)
6"
80'
2 - 25' (B-B)
6"
Multifamily residential
Collector
60'
31' (B-B)
6"
80'
2 - 25' (B-B)
6"
Commercial or industrial
Collector
80'
41' (B-B)
6"
80'
2 - 25' (B-B)
6"
Residential, commercial or industrial
Major thoroughfare
100'
51' (B-B)
6"
100'
2 - 25' (B-B)
6"
Alleys
Access
20'
12' (E-E)
–
–
–
–
*(B-B) - Back of the curb to the back of opposite curb, (E-E) edge of pavement or driving width to opposite edge.
(1) 
Major thoroughfare.
Primary function of a “major thoroughfare” is to carry as much traffic as possible through the city at as high a speed as is safely possible. Existing and proposed major thoroughfare are designated on the thoroughfare plan.
(2) 
Collector street.
A “collector street” is one which provides some access to abutting property and carries traffic from local streets to the major system of arterial streets and highways and is required in the following instances but not limited to: The principal circulation and access to subdivisions and other major traffic generators. Existing and proposed collectors are designated on the thoroughfare plan, also.
(3) 
Local street.
A “local street” is a street used primarily for access to abutting property especially residential areas. Local streets also provide secondary or minor access and circulation to community facilities (school, parks, etc.) and other traffic generators such as commercial and industrial areas.
(A) 
Private street.
Private streets are local streets that may be allowed in gated planned unit developments (PUDs) with homeowners’ associations that maintain them. Unless otherwise approved through the PUD process, private streets shall meet the minimum right-of-way and pavement widths and all other city construction standards for local streets, unless otherwise approved through the PUD process, consistent with the location and nature of the subdivision and subject to approval by the director. The director may refer such approvals for private streets to the commission.
(B) 
PUDs.
Street widths narrower than public local street standards may be allowed through the PUD process in the zoning ordinance if adequate off-street parking is provided and emergency access is ensured to the satisfaction of the director.
(b) 
Relation to adjoining street system.
Where necessary to the neighborhood pattern, existing streets in adjoining areas shall be continued, and continued street construction shall be at least as wide as such existing streets and in alignment therewith. Adjoining residential developments of similar density shall in all cases be connected by streets when feasible. The commission may exercise discretion in requiring continuation of streets between developments of different residential density, between residential and nonresidential developments, and between residential developments and collector streets. Single-entry subdivisions shall be discouraged, and any subdivision containing more than 15 lots must provide two or more street connections. Where the commission finds that a street connection is not necessary, the commission may require a pedestrian right-of-way containing sidewalk, trail or other subdivision improvements to facilitate pedestrian travel.
(c) 
Projection of streets.
Where adjoining areas are not subdivided, the arrangement of streets in the subdivision shall make provision for the proper projection of streets into such unsubdivided area. The spacing of street projections shall be in conformance with maximum block lengths allowed, subject to the discretion of the commission in accordance with this article.
(d) 
Street jogs.
A local or collector street intersecting a local or collector street shall have a centerline offset of not less than 125 feet from the nearest intersection. A local or collector street intersecting a major thoroughfare street shall have a centerline offset of not less than 300 feet from the nearest intersection.
(e) 
Half streets or half alleys.
No half streets or half alleys will be permitted along the boundaries of proposed subdivisions.
(f) 
Street intersections.
Street intersections shall be as nearly at right angles as practicable. Intersections with major thoroughfare streets shall be located for optimum visibility of the intersection by major thoroughfare street traffic with regard to vertical and horizontal curves, and for optimum stopping distance with regard to the arterial street grade. Curb radius shall conform to city standards. For intersections of two major thoroughfare streets, the commission shall have discretion to require right-of-way tapers at approaches to such intersections.
(g) 
Dead-end streets.
Dead-end streets shall be prohibited except as short stubs to permit future extension, and shall not exceed the depth of one lot on each side of said street, provided that in no case shall such depth exceed 250 feet. A reserve strip deeded to the city shall be required separating the terminus of the dead-end street and the property line. Such reserve strips can be removed only through the subdivision of adjacent property that includes an extension of the dead-end street.
(h) 
Cul-de-sacs.
A cul-de-sac shall not be more than 500 feet in length unless approved by the city planning and zoning commission for specific reasons of topography, engineering design or limited residential density or nonresidential use intensity. In no case shall a cul-de-sac longer than 1,200 feet be allowed. In residential areas, the turnaround shall have a minimum right-of-way radius of 50 feet and a minimum driving surface outer radius of 42.5 feet. In commercial or industrial areas, the turnaround shall have a minimum right-of-way radius of 60 feet and a minimum driving surface outer radius of 50.5 feet.
(i) 
Existing streets.
In the case of a subdivision which is served by existing streets, and the right-of-way widths of such streets do not meet the minimum requirements of appendix B, City of El Campo Design Manual, chapter 6, Paving and Street Design Requirement, the developer shall dedicate the following right-of-way, as appropriate to the situation as described below:
(1) 
One hundred percent of the right-of-way necessary to bring the street into conformance with appendix B, City of El Campo Design Manual, chapter 6, Paving and Street Design Requirement, for a local or collector street, whichever is needed to serve the development, when the subdivision abuts both sides of the existing street; or
(2) 
One-half of the right-of-way necessary to bring the streets into conformance with appendix B, City of El Campo Design Manual, chapter 6, Paving and Street Design Requirement, for a local or collector street, whichever is needed to serve the development when the subdivision abuts only one side of the existing street.
(j) 
[Reserved]
(k) 
Reserve strips.
There shall be no reserve strips controlling access to streets, except for dead-end streets and where the control of such strips is definitely placed with the city under conditions approved by the city planning and zoning commission.
(l) 
Horizontal curves.
Where a deflection angle of more than ten degrees in the alignment of a street occurs, a curve of reasonably long radius shall be introduced. On streets with rights-of-way of 60 feet or more in width, the centerline radius of curvature shall be not less than 400 feet; on streets with rights-of-way of less than 60 feet in width, the centerline radius of curvature shall be not less than 200 feet. Between reverse curves, a tangent (straight segment) shall be introduced whose length is not less than one-half of the radius of the adjoining curve.
(m) 
Street grades.
To ensure adequate drainage a minimum gradient of 0.33 percent is necessary.
(n) 
Curbs.
Curbs shall be installed in the subdivision on both sides of all interior streets and approach streets and on the subdivision side of all existing streets forming a boundary of the subdivision, in accordance with city construction standards.
(o) 
Street names.
Names of new streets shall not duplicate or cause confusion with the names of existing streets, unless the new streets are a continuation of, or in alignment with, existing streets, in which case names of existing streets shall be used.
(p) 
Alleys.
Alleys are not required unless used as a main vehicular access for commercial or residential lots or for townhouses or apartment parking. However, if the circumstances warrant, the city planning and zoning commission may require that alleys be provided. Where alleys are required or where an alley is being provided by the developer, such alleys shall comply with the following criteria:
(1) 
Width and paving.
Alley right-of-way or private easement width shall be 20 feet. In business and industrial areas, 20 feet of paving shall be provided. In residential areas, a minimum of 12 feet of paving is required. Alleys shall be approximately parallel to the frontage of the street and shall remain unfenced and open for all public utility lines, conduits, and equipment. All alleys shall be improved in conformance with the city specifications.
(2) 
Intersecting alleys or utility easements.
Where two alleys or utility easements intersect, or turn at a right angle, a cutoff of not less than ten feet from the normal intersection of the property or easement lines shall be provided along each property or easement line.
(3) 
Dead-end alleys.
Dead-end alleys are prohibited.
(q) 
Sidewalks.
The following guidelines shall apply in determining sidewalk locations.
(1) 
Sidewalks shall be installed as follows:
(A) 
The entire frontage on the subdivision side of all major thoroughfares or collector streets.
(B) 
On both sides of any street that serves as an approach to a school, bus stop, shopping center or focal point of the community, for a distance of 600 feet from such school, shopping center or focal point along all contiguous rights-of-way.
(C) 
On at least one side of collector streets.
(D) 
As deemed necessary by the city planning and zoning commission in approving a preliminary plat for commercial, industrial, public grounds, and multifamily dwelling areas.
(2) 
Sidewalks shall be installed at the expense of the developer in accordance with the following requirements:
(A) 
All sidewalks shall be not less than five feet in width, and four inches in depth, and of concrete construction in accordance with city specifications.
(B) 
Sidewalks shall be as nearly parallel to the street as possible.
(Ordinance 2014-08, sec. I (exh. A), adopted 9/8/14; 2010 Code, sec. 38-16; Ordinance 2019-02 adopted 3/25/19; Ordinance 2019-12 adopted 4/22/19)
(a) 
Arrangement.
Block length shall not exceed 1,200 feet. Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. Each lot shall front on a public street or an approved and platted private street.
(b) 
Minimum size.
All lots inside the city limits and within the ETJ shall meet the minimum lot size required by the zoning ordinance. The subdivision design shall provide for lots of adequate width, depth, and shape to achieve efficient use of land, to provide adequate open area, to eliminate overcrowding, [and] to be appropriate for the location of the subdivision and for the type of development and use contemplated in accordance with the city’s zoning ordinance.
(c) 
Building setback lines.
The minimum depth of building setback lines from the property lines of developments located within the city shall meet the minimum requirements of the city’s zoning ordinance. Building setbacks for developments located within the ETJ shall conform to the proposed zoning classification(s) for the development or in accordance with the developer’s annexation agreement or in accordance with the comprehensive plan.
(d) 
Extra depth and width in certain cases.
Where a lot in a residential area backs up to a high-pressure gasoline, oil or gas line, high-power electric transmission line, a major thoroughfare street, an industrial area or other land use which has a depreciating effect on the residential use of the property, additional depth may be required by the city planning and zoning commission. It is recommended that the depth of such lots be 25 percent greater than other residential lots in the neighborhood, but in no case shall a depth in excess of 150 feet be required. Where a lot sides to any of the above, additional width may be required by the city planning and zoning commission. It is recommended that the width of such lots be 25 percent greater than other residential lots in the neighborhood, but in no event shall a width in excess of 100 feet be required.
(Ordinance 2014-08, sec. I (exh. A), adopted 9/8/14; 2010 Code, sec. 38-17; Ordinance 2019-02 adopted 3/25/19; Ordinance 2019-12 adopted 4/22/19)
The Federal Insurance Administration’s report titled “The Flood Insurance Study for the City of El Campo,” dated April 6, 2006, or as amended, with accompanying flood hazard maps and the city drainage ordinance shall serve as the basis for identifying those lands susceptible to flood conditions. The developer and/or his agent at the pre-application conference stage of preparing the preliminary plat shall establish base flood elevations. Lands that are to be platted for development which is susceptible to flooding shall be developed in accordance with current city code requirements.
(Ordinance 2014-08, sec. I (exh. A), adopted 9/8/14; 2010 Code, sec. 38-18; Ordinance 2019-02 adopted 3/25/19; Ordinance 2019-12 adopted 4/22/19)
When the land is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged to allow the opening of future streets and logical resubdivision.
(Ordinance 2014-08, sec. I (exh. A), adopted 9/8/14; 2010 Code, sec. 38-19; Ordinance 2019-02 adopted 3/25/19; Ordinance 2019-12 adopted 4/22/19)
(a) 
Generally.
All public, private, and franchised utilities, including but not limited to electric lines, telephone cables, and television/communication cable, shall place service lines underground throughout any new residential development. Exceptions are:
(1) 
overhead lines may be installed along the perimeter of a subdivision where primary electric lines and/or feeders are necessary to provide services to the development and adjacent areas;
(2) 
underground utilities shall not be required in areas where it is impractical to so locate utilities upon determination of the director, for example, to single infill lots where existing surrounding utilities are not underground; and (3) subdivisions outside the city limits.
(b) 
Placement.
The placement and separation of the various utilities within an easement shall be subject to approval by the public works director. If a sanitary sewer, storm sewer, or water main is to be placed in an easement, the location of the main in relation to the other utilities shall be determined by the public works director.
(c) 
Perimeter easements.
In a perimeter easement where overhead primary electric lines and/or feeders are proposed, such overhead power poles shall be located as near as possible to the perimeter property line of the subdivision.
(d) 
Right-of-way.
The placement of any utilities within a street right-of-way or alley shall conform to the city’s engineering design standards and specifications and shall be subject to approval by the city manager.
(Ordinance 2014-08, sec. I (exh. A), adopted 9/8/14; 2010 Code, sec. 38-20; Ordinance 2019-02 adopted 3/25/19; Ordinance 2019-12 adopted 4/22/19)
(a) 
Generally.
For utilities not located entirely within a public right-of-way, the subdivider shall dedicate easements to the public that shall allow every lot within a subdivision to have access to all available essential public, private, and franchised utilities as described above.
(b) 
Locations and widths.
For utilities placed at the rear or side of lots, easements shall be at least 20 feet in total width, centered on lot lines except. [sic] Corner lots are treated as having two front yards. For utilities placed at the front of lots but not entirely within a public right-of-way, an easement shall be required from the edge of the right-of-way and shall be wide enough to satisfy the additional width needed to meet the city’s engineering specifications. When an easement is required along a boundary abutting an unplatted area under separate ownership or other property under separate ownership on which no easements exist, and the developer cannot arrange for one-half of the 20-foot easement to be dedicated by separate instrument, a 20-foot easement shall be required along such boundary abutting such areas. When an easement is required along a boundary between a current and future phase of a proposed subdivision, one-half shall be dedicated by separate instrument. If conditions exist which make it impractical to serve certain lots with utilities from rear easements or at the front of properties, easements may be required alongside lot lines. The width of a side yard easement may be reduced to a total of ten feet, centered on the lot lines, if approved by the public works director.
(c) 
Streetlights.
Where streetlights are proposed, streetlight easements necessary to serve such lights shall be provided. Streetlight easements shall be a minimum of five feet in width and shall be utilized only for streetlight wiring.
(d) 
Public utilities.
If a sanitary sewer, storm sewer, or water main is to be included in an easement with other utilities, such easement shall be at least 20 feet in width.
(e) 
Maintenance of easements.
Maintenance of the easement is the responsibility of the owner of the property upon which it is located. It shall be the duty of the property owner to keep the area clear of any structure, debris, vegetation, trees, shrubs or landscaping whatsoever, except that lawn grass which shall be regularly mowed and controlled.
(f) 
Aerial easements.
Overhead utility line easements shall be provided to afford clearance from existing overhead utility lines as specified by the National Electrical Safety Code and by other applicable codes and laws. The director will provide information to ensure compliance with these specifications.
(g) 
Additional easements.
Aerial easements or easements of greater widths than specified above may be required as deemed necessary by the public works director. Wider easements may be necessary for the extension of utility mains, storm sewers, and drainage, or the accommodation of utilities in other unique situations. Where utility easements are not straight within each block or do not connect on a straight course with the utility easements of adjoining blocks, then an additional easement shall be provided for the placing of guy wires on lot division lines in order to support poles set on curving or deviating rights-of-way or alleys.
(Ordinance 2014-08, sec. I (exh. A), adopted 9/8/14; 2010 Code, sec. 38-21; Ordinance 2019-02 adopted 3/25/19; Ordinance 2019-12 adopted 4/22/19)
(a) 
Generally.
A perfectly prepared and recorded subdivision or plat means little to a prospective lot buyer until he or she can see actual physical improvements and transformation of raw acreage into lots suitable for building purposes. Improvements by the developer spare the community of a potential tax liability. Every developer shall be required to install monuments, streets, alleys, curbs, water mains, drainage systems, utility systems, and, where applicable, sidewalks, traffic control, and street lighting, in accordance with specifications established by the city. The developer shall bear the total cost of construction of all on-site improvements. All services for utilities shall be made available for each lot in such manner as will obviate the necessity for disturbing the street paving, curbs, and drainage structures when connections are made.
(b) 
Development costs.
(1) 
Internal streets.
(A) 
The developer shall be responsible, at his or her own expense, for the construction of all streets within his subdivision.
(B) 
The developer shall, at his or her own expense, dedicate such right-of-way for streets and construct such streets of such a size as required in section 10.12.016(a).
(2) 
Perimeter streets.
(A) 
For subdivisions platted adjacent to existing perimeter or other city streets or providing internal access to such streets, the city will participate in the cost of or the construction of such improvements up to one-half the cost of such improvements. The developer shall, at his or her expense, provide curbs along the subdivision side of such streets. In the event that the city constructs such improvements, the developer shall pay for or furnish satisfactory security for the payment of his or her pro rata share of such street assessments prior to the approval of the final subdivision plat for recording.
(B) 
The city planning and zoning commission shall have the right to require the dedication of perimeter street rights-of-way up to one-half of the total width required at no charge to the city.
(3) 
Streetlight installation.
Streetlights shall be installed at the expense of the developer and at no expense to the city.
(4) 
Street sign installation.
The developer shall be responsible, at his or her own expense, for the furnishing and installation of all street signs within his subdivision.
(5) 
Alley construction.
The developer shall be responsible, at his or her own expense, for the construction of all alleys within his subdivision, where alley improvements are required or desired.
(6) 
Construction of water, sewer and drainage facilities.
(A) 
Facilities within subdivision.
The developer shall, at his or her own expense, dedicate such rights-of-way and construct such storm sewers, drainage ditches, sanitary sewers, water mains, pumping stations, drainage structures, and water lines of such a size as to adequately serve, and in accordance with the city’s design standards, the area being subdivided; however, if the city should require the dedication of additional rights-of-way or the upsizing of utilities beyond the adequate size to serve the area being subdivided then the city shall, within one year after date of acceptance of constructed improvements, reimburse the developer for any increased cost of such upsized facilities.
(B) 
Extension of city facilities.
Where it is necessary, in order to properly serve the subdivision, that extension of existing city utilities be made or that drainage facilities be constructed outside the subdivision, which extensions or such facilities are here referred to as “off-site improvements,” the developer shall install such off-site improvements of such a size as to adequately [serve], and in accordance with the city’s design standards, the area being subdivided; however, if the city should require the upsizing of utilities beyond the adequate size to serve the area being subdivided then the city shall, within one year after date of acceptance of constructed improvements, reimburse the developer for any increased cost of such upsized facilities.
(7) 
Bid tabulation sheet and construction contract requirements.
Before any developer shall be entitled to reimbursement of any funds, he or she shall furnish the city with a signed copy of the bid tabulation sheet which has been accepted by him for construction of the improvements for which the reimbursement is to be made, as well as a copy of the construction contract between such developer and the contractor.
(8) 
Construction plans.
(A) 
Generally.
Construction plans and specifications shall be submitted for every subdivision in which new streets, alleys, water mains, sewer mains, or major drainage structures are required. These construction plans shall accompany the final plat and shall clearly and concisely describe the manner in which the improvements are to be constructed. They shall be legible, complete and accurate.
(B) 
Filing time.
The time required to review and process the construction plans shall be a maximum of 30 days.
(C) 
Form and content.
Construction plans shall be prepared and submitted to the planning and development director for review. The developer or his or her engineer shall submit three sets of the proposed construction plans which shall be drawn at a scale. Specific information to be included on the proposed construction plans shall be in accordance with the city’s design standards.
(D) 
Approval.
All construction plans shall be subject to approval by the city manager, which shall be in writing. The public works director is hereby authorized and directed to prepare rules, regulations, standards, and specifications for the construction, installation, design, location and arrangement of all improvements.
(9) 
Construction, inspection, and guarantees of performance.
(A) 
Construction guarantee.
No building permits shall be issued until the construction of all subdivision streets and utilities are 100 percent complete, and no plat shall be approved for recording until all improvements other than sidewalks are at least 90 percent completed. The subdivider shall file a security guarantee for the amount of the improvements not completed at the time of requesting final plat approval for recording. The security shall be either money in escrow or a bond, irrevocable for a period of one year from the date of approval of the final plat in the amount equal to the estimated cost of constructing and installing all the improvements required by the ordinance from which this section is derived. Such funds or bond shall guarantee that, in the event of failure of the subdivider to make such improvements within one year from the date of approval of the final plat, the subdivider’s escrow account or bond shall be encumbered so as to cause the improvements to be constructed and installed without cost to the city.
(B) 
Construction inspection and certification.
All plans and actual construction of required improvements shall be inspected by the public works director. No plans or completed construction will be considered for approval or acceptance by the city manager until such plans and calculations and such construction are complete and that they are in accordance with specifications and standards contained or referenced herein, and/or with plans previously approved for the subject subdivision. The public works director shall make frequent field inspections during the construction period and arrange for testing in accordance with accepted civil engineering practice. The final responsibility for the adequacy and acceptability of all construction shall rest with the subdivider.
(C) 
Acceptance of construction.
The public works director shall inspect such improvements upon completion of construction and shall notify the subdivider in writing as to his or her acceptance or rejection of the construction. He shall reject such construction if it fails to comply with the city’s standards and specifications for construction of subdivision improvements.
(D) 
Maintenance guarantee.
Prior to such approval, the subdivider shall either deposit money in escrow or file with the city a bond or other such guarantee acceptable to the city, executed by a bank or a surety company holding a license to do business in the State of Texas, and acceptable to the city, in an amount equal to ten percent of the estimated construction cost of the improvements required, conditioned that the subdivider will maintain such improvements in good condition and without cost to the city for a period of one year after acceptance of completed construction. Guarantees other than money in escrow or bonds shall be approved as to form, legality, and acceptability by the city attorney.
(E) 
Use of construction and maintenance guarantees.
Security guarantees shall not be released by the city until all required improvements have been made consistent with the approved construction plans and have been inspected and approved by the public works director. If it becomes apparent that the subdivider is not going to complete the construction of any or all of the required improvements in accordance with the previously approved plans and ordinance requirements, the city manager shall so inform the city attorney in writing, and the city attorney shall take necessary action against the guarantees and security posted by the subdivider to complete such construction at no cost to the city. The city attorney may also file appropriate proceedings in district court against the subdivider and his or her security as set forth above. Upon completion of all required improvements, the maintenance guarantee shall be substituted for the construction guarantee. If the subdivider fails to provide the necessary maintenance within the stipulated one-year period after acceptance of the improvements by the city, the city manager shall so inform the city attorney in writing, and the city attorney shall take necessary action against the guarantees and security posted by the subdivider to complete such construction at no cost to the city. The city attorney may also file appropriate proceedings in district court against the subdivider and his or her security as set forth above.
(Ordinance 2014-08, sec. I (exh. A), adopted 9/8/14; 2010 Code, sec. 38-22; Ordinance 2019-02 adopted 3/25/19; Ordinance 2019-12 adopted 4/22/19)
(a) 
Generally.
(1) 
Any subdivision of land within the city’s corporate limits or extraterritorial jurisdiction shall comply with the ordinance from which this section is derived.
(2) 
It shall be the duty of the director of planning and development to enforce this chapter and to bring to the attention of the city attorney or other appropriate authority any violations or lack of compliance herewith.
(3) 
No owner or agent of the owner of any parcel of land located in a proposed subdivision shall transfer or sell any such parcel before a plat of such subdivision has been approved by the commission in accordance with the provisions of this chapter and filed with the Wharton County clerk.
(4) 
The subdivision of any lot or parcel of land by the use of metes and bounds description is not be permitted.
(5) 
The city shall neither issue a building permit or certificate of occupancy nor serve or connect with water, sewer, or any other utility service any lot or plat subdivided or sold in violation of the provisions of this chapter.
(b) 
Violations and penalties.
Any person, firm, or corporation who fails to comply with or violates any part of this chapter shall be subject to the penalties pursuant to the city code, as amended.
(c) 
Civil enforcement.
Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of this chapter; to prevent unlawful construction; to recover damages; to restrain, correct, or abate a violation; or to prevent illegal occupancy of a building, structure, or premises; and these remedies shall be in addition to the penalties described above.
(d) 
Variances.
The city planning and zoning commission may recommend to the city council a variance from these regulations when undue hardship will result from strict compliance. In the granting of a variance, the city council shall prescribe conditions that it deems necessary to or desirable in the public interest. In arriving at their findings, the city council shall consider the nature of the proposed uses of the land, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of the requested variance on traffic conditions, on natural and cultural features, and on the public health, safety, convenience, and welfare in the vicinity. Variances shall not be granted unless the city council finds one or more of the following:
(1) 
That there are special circumstances or conditions affecting the land involved so that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of this land.
(2) 
That the variances would enable a more efficient use of the land of previously subdivided parcels which meet or exceed the area requirements of the city zoning ordinance (deep lots, unusual shapes).
(3) 
That the granting of a variance would serve to minimize or correct previous development deficiencies (utility line placement, drainage course, transmission line location, septic systems).
(4) 
That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area.
(5) 
That variances from proposed or projected roads shown in the comprehensive plan for the city shall not be granted unless:
(A) 
The comprehensive plan is amended in accordance with the requested variance or waiver; or
(B) 
An alternative accomplishing the same objective as the requested variance or waiver is provided by the owner or developer and the same is approved by the city council.
(6) 
Such findings of the city council, together with the specific facts upon which findings are based, shall be incorporated into the minutes of the city council meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this chapter so that the public health, safety, and welfare may be secured, and substantial justice done. Financial hardship to the developer shall not constitute grounds for a variance.
(7) 
All requested variances from this chapter [this article] shall be submitted in writing at the time of formal application of all plats with the director of planning and development. Applications for a variance request shall be confined to the criteria established above. Final approval for variances must be authorized by an affirmative vote of a majority of the city council. Lack of affirmative recommendation by the planning and zoning commission shall require a three-fourths vote of the city council to approve a variance.
(e) 
Waivers.
No waivers of any of the requirements in this chapter [this article] shall be permitted other than waivers of claims for payment. Variances do not constitute waivers in that they allow substitute requirements as may be permitted under certain circumstances consistent with the criteria for variances in part [subsection (d)] above.
(f) 
Severability.
Should any portion of this chapter be held invalid or unenforceable for any reason, it shall not be construed to affect other portions of this chapter.
(Ordinance 2014-08, sec. I (exh. A), adopted 9/8/14; 2010 Code, sec. 38-23; Ordinance 2019-02 adopted 3/25/19; Ordinance 2019-12 adopted 4/22/19)
The subdivider shall place applicable acknowledgments and certifications on the plat in accordance with the city’s planning standards provided by the planning and development director.
(Ordinance 2014-08, sec. I (exh. A), adopted 9/8/14; 2010 Code, sec. 38-24; Ordinance 2019-02 adopted 3/25/19; Ordinance 2019-12 adopted 4/22/19)