This article may be known and may be cited as the "City of Levelland
Subdivision Ordinance."
(Ordinance 649, adopted 4/20/82, Section 1)
(a)
It hereafter
shall be unlawful for any person, partnership, association of persons,
or any corporation within the corporate limits of the City of Levelland
to convey any property by metes and bounds description without first
preparing and recording a plat designating lots and blocks in conformance
with this article.
(b)
Hereafter,
every owner of any tract of land situated within the corporate limits,
or within one mile of the corporate limits of the City of Levelland
who may divide the tract of land into two or more parts for the purpose
of:
(1)
laying
out a subdivision, or
(2)
laying
out an addition to the City of Levelland, or
(3)
laying
out suburban lots, or
(4)
laying
out building lots, or
(5)
laying
out any lots and streets, alleys or parks or other portions intended
for public use, or the use of purchasers or owners of lots fronting
thereon or adjacent thereto;
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shall cause a plat to be made thereof in conformance with this
article.
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(c)
No tract
of land within the corporate limits of the City of Levelland shall
be recognized as having been subdivided, regardless of the number
of then current numbers of owners, unless the requirements for platting
and other provisions of this article have been complied with in full.
(Ordinance 649, adopted 4/20/82, Section 2)
The word alley shall mean any public street generally twenty
(20) feet in width, having no official name, which is designed primarily
for the use of public utilities and for service access to the backside
of properties abutting a public street on the front side of the lot.
The alley shall extend only secondary access to the abutting property
unless approved by site plan or existing zoning.
An employee of the City of Levelland designated by the City
Manager as the Building Inspector of the city.
The Planning and Zoning Commission of the City of Levelland.
A developer is that person, corporation, or other entity
which has applied for a subdivision approval.
That part of any natural storm water impoundment area in
the city, the perimeter of which has been established by the city's
engineer and is that area below the estimated high water level.
An undivided tract or parcel of land under one ownership
having access to a street which parcel of land is designated as a
separate and distinct tract and is identified by a tract or lot number
or symbol in a duly approved subdivision plat of record.
A map of a subdivision showing the location and boundaries
of actual or proposed tracts and/or lots as well as other information
including streets and alleys, contours, easements, survey, distance
information and other required items.
The term street shall refer to a dedicated public way for
vehicular traffic, however, it may be designated.
A subdivision is the division of a tract of land within the
corporate limits or within one mile of the corporate limits into two
or more parts for the purpose of laying out any subdivision of any
tract of land or any addition to the city or for laying out suburban
lots and streets, alleys or parks or other portions intended for public
use or the use of purchasers or owners of lots fronting or adjacent
to the streets, alleys and parks. A division of land for agricultural
purposes into lots, parcels or tracts of five (5) acres or more not
involving a new street or alley shall not be deemed a subdivision.
The term resubdivision shall be included within this definition.
(Ordinance 649, adopted 4/20/82, Section 4)
(a)
Since
all plats within the City of Levelland and within one mile of its
corporate limits become a part of the total development of the city
and of its environs, the study of each submitted plat must include
consideration of the conditions of the surrounding area and the interests
of the abutting property owners
(b)
Developers
may, and are encouraged to, meet with the City Staff, particularly
the office of the Building Inspector, prior to submitting a preliminary
plat in order to obtain appropriate suggestions and advice in the
preparation of a successful subdivision plat.
(c)
Ten
copies of a maximum size of 8" x 14", and 6 full size copies of the
preliminary plat shall be submitted to the office of the Building
Inspector by the developer or in the developer's behalf to commence
the plat approval process. The preliminary plat shall include:
(1)
Drawings
showing the entire area to be subdivided,
(2)
(A)
The name and location of all adjoining subdivisions shall be drawn
to the same scale and shown in dotted lines adjacent to the tract
proposed for subdivision in sufficient detail to show accurately the
existing streets and alleys.
(B)
Adjacent unplatted land within one hundred (100) feet of the tract
proposed for subdivision shall be drawn to show property lines and
owners of record,
(3)
Street
and alley dedications,
(4)
Proposed
public street light locations and overhead easements (if needed),
(5)
Building
set-back lines,
(6)
Proposed
fire hydrant locations,
(7)
Proposed
street names,
(8)
Proposed
subdivision name,
(9)
Proposed
sizes of lots and blocks,
(10)
Proposed street construction elevations showing the directions of
planned street drainage, and
(11)
Accurate one-foot interval contours of the area of the proposed subdivision.
(12)
A drainage area map showing the playa lake to which the surface water
from the subdivision is proposed to travel.
(d)
The
preliminary plat shall be accompanied with a processing fee as provided
for in the fee schedule found in the appendix of this code.
(e)
After
receipt of the preliminary plats, the office of the Building Inspector
shall have fifteen (15) days in which to examine the plat and conduct
discussions with the developer.
(f)
The
Building Inspector shall report to the Commission whether or not his
office recommends the preliminary plat for conditional approval. Such
recommendation shall be given at the first Commission meeting following
the expiration of the fifteen days described in subsection E of this
section.
(g)
The
Planning and Zoning Commission may, if the preliminary plat meets
all design requirements, waive the procedure of the final plat and,
by majority vote, approve the preliminary plat as a final plat of
the subdivision and immediately recommend its approval to the Levelland
City Council.
(h)
(1)
If
the Planning and Zoning Commission finds a need for alterations to
the preliminary plat, the Commission shall, in writing, state the
conditions which must be met before the plat will be approved.
(2)
If
the Planning and Zoning Commission find the preliminary plat to be
unacceptable, the Commission shall, in writing, express its disapproval
and the reasons for such disapproval.
(i)
The
final plat shall conform to the approved preliminary plat, and shall
be approved by the Planning and Zoning Commission for recommendation
to the City Council and final approval after all conditions and requirements
set by the Commission for approval of the preliminary plat have been
met.
(j)
A final
plat shall be shown to have been approved by the Commission when the
following has been duly executed on the face of the plat:
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Approved this _____ day of __________, 20_____, by the City
Planning and Zoning Commission of the City of Levelland, Texas.
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CHAIRMAN
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___________
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SECRETARY
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___________
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(k)
At the
next available City Council Meeting, the approved plat from the Planning
and Zoning Commission showing the signed approval above described
shall be presented to the City Council for final approval. Such final
approval shall be evidenced by the following on the face of the plat:
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Approved this __________ day of __________, 20__________, by
the City Council of the City of Levelland, Texas.
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MAYOR
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___________
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CITY SECRETARY
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___________
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Thereafter, the plat may be filed of record in the office
of the Hockley County Clerk.
(l)
Notification
Requirements for Certain Replats.
(1)
Any
person wishing to revise a subdivision plat which has been previously
filed for record must make application to the city council. The proposed
replat shall meet all the requirements for a subdivision that may
be pertinent.
(2)
In
the event the proposed replat involves property previously developed
or zoned as single family or duplex residential use, the following
shall be required:
(A)
After application for a replat affecting single family or duplex
property has been filed, the city secretary shall give notice of the
application to be published in the official newspaper of the city
at least fifteen (15) days prior to the meeting of the city council
at which the application shall be considered. Such notice must include
a statement of the time and place at which the city council will meet
to consider the replat and to hear protests thereto at a public hearing.
Additionally, written notice must be sent to all owners of property
located within two hundred (200') feet of the property upon which
the replat is requested. Such notice may be served by depositing said
notice, properly addressed and postage paid, at the local post office.
(B)
If twenty percent (20%) or more of the property owners to whom notice
has been required to be given file a written protest of the replatting
before or at the hearing, then the affirmative vote of at least three-fourths
(3/4) of the city council is required to approve the replat.
(Ordinance 649, adopted 4/20/82, Section 4; Ordinance adopting
Code)
(a)
Until
a subdivision plat has been finally approved by the City Council:
(1)
No
land shall be subdivided, nor any street laid out, nor any improvements
made to the natural land.
(2)
No
lot, tract or parcel of land within any subdivision shall be offered
for sale, nor shall any sale, contract for sale, or option be made
or given.
(3)
No
improvements - such as sidewalks, water supply, storm water drainage,
sanitary sewerage facilities, gas service, electric service, lighting,
grading, paving or surfacing of streets - shall hereafter be made
by any owner or owners or his or their agent or by any public service
corporation at the request of such owner or owners or his or their
agent.
(b)
No plat
will be approved for a subdivision which is subject to periodic flooding
or which contains poor drainage facilities which would made adequate
drainage of the lots and street impossible, or which would cause flooding
of existing subdivision .
(c)
(1)
Until
the construction bids in a subdivision for the installation of street
paving and water and sewerage service lines have been accepted by
the City Council, no building permit may be issued by the City Building
Inspector for construction on a lot abutting such paving or utility
installations.
(2)
Since
many subdivisions of the City of Levelland had in the past been permitted
to develop and structures to be built in subdivisions with unpaved
streets and without utility lines in place, it is permitted that upon
application made to the Planning and Zoning Commission by a property
owner, the Building Inspector may be instructed by the Commission
to issue a building permit to avoid an undue hardship on a lot abutting
an unpaved street or which is not served by all utility lines.
(3)
It is the intention of this Subsection (c) that new construction in new subdivisions be particularly discouraged until streets and utility lines are in place, but that no undue hardship be placed on owners of existing lots which were previously permitted to be developed without paved streets and operating utility lines.
(Ordinance 635, sec. 1, adopted 11/17/81)
Due to the flat topography in the City of Levelland area and
to the public necessity to protect drainage areas from flooding, to
prevent pollution of watersheds and to prevent the encroachment of
buildings and improvements in natural drainage channels, there are
hereby established certain drainage requirements and regulations.
(1)
In the
interest of the health, safety and welfare of the residents of the
City of Levelland, dedication of lake areas for storm water drainage
and impoundment areas necessary for flood control and preservation
of natural drainage is necessary. Further, any excavations, removal
of earth, reshaping, or cut and fills which will affect drainage constitutes
a vital interest to the health, safety and welfare of the residents
of the City of Levelland.
(2)
Approval
of the Planning and Zoning Commission shall be secured before any
playa lake or any other area which affects drainage within the corporate
limits of the City of Levelland shall be excavated, any earth is removed,
is reshaped or is cut and filled by private authority. Excluded from
this provision are those excavations and fills made in the course
of construction such as foundations, basements or subfloors, which
are authorized by a building permit.
(3)
In order
to obtain approval for such private excavation or fill, the following
procedures must be followed:
(A)
Following
consultations with city staff, a cut and fill plan must be filed with
the Planning and Zoning Commission.
(B)
A
filing fee as provided for in the fee schedule found in the appendix
of this code, should accompany the cut and fill plan.
(C)
The
plan shall show in which subdivision of the city the plan falls and
will note on its face that the plan is not being approved for recording
purposes.
(D)
Within
twenty (20) days of filing the cut and fill plan, the Commission shall
express its approval, its conditional approval with the conditions
for such approval stated, or if disapproved shall express its disapproval
and its reasons for such disapproval.
(E)
Upon
completion of any cut and/or fill work, a certified "as-built" cut
and fill plan and a flood hazard boundary map for the area provided
by a registered Texas Professional Engineer or registered Land Surveyor
shall be furnished to the office of the City Manager.
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It shall be unlawful for any person, firm, corporation, or association,
as owner, proprietor, leasee, or occupant of any lot, tract or parcel
of land other than public authorities to engage in or authorize a
cut and fill, excavation, removal of earth, or reshaping in a playa
lake or in an area which will affect drainage, without first securing
the approval of the Planning and Zoning Commission in the manner set
forth above.
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(4)
Land
within a lake area shall be dedicated as public land for storm water
drainage and impoundment in its natural state at the time of platting
or in conjunction with a cut and fill plan before the Planning and
Zoning Commission.
(5)
No more
than thirty percent (30%) of the total land in a lake area may be
reclaimed for private use through a cut and fill plan.
(6)
A lake
area shall not have its water holding capacity decreased by creation
of a constant reason of cut and fill, redesign, or the level lake.
(7)
The
Planning and Zoning Commission is authorized to approve variances
from the showing of good cause.
(8)
Any
action taken by the Planning and Zoning Commission concerning a cut
and fill plan may be appealed to the requirements of this section
on a City Council.
(Ordinance 635, sec. 1, adopted 11/17/81)
(a)
Streets.
(1)
Streets
serve to move traffic and to provide drainage. These two criteria
shall be considered and evaluated in a submitted plat.
(2)
The
arrangement of streets in a subdivision shall either:
(A)
Provide for the continuation for the appropriate projections of existing
principal streets in the surrounding areas; or
(B)
Conform to a plan for a neighborhood which has been approved or adopted
by the Planning and Zoning Commission to meet a particular situation
where topographical or other conditions make continuance or conformance
to existing streets impractical.
(3)
All
streets shall be named and the continuity of street names shall be
encouraged to the greatest extent practicable in order to permit uniformity
of development within the city.
(4)
Where
a subdivision abuts an existing or proposed street, the subdivider
shall provide for abutting lots to side or face the street in question.
Specifically, it is intended that no lots have the rear of the lot
and an alley immediately adjoining an existing street or proposed
street.
(5)
Street
intersections shall be as near to right angles as possible.
(6)
At
each street intersection, the property line at each block corner shall
be rounded with a curve or radius of not less than fifteen (15) feet.
(7)
Half
streets shall be allowed only where they are essential to the reasonable
development of the subdivision and where the Planning and Zoning Commission
finds it will be practical to require the dedication of the other
half when the adjoining property is subdivided. Wherever a half street
is adjacent to an unsubdivided tract, the other half of the street
shall be dedicated when the adjacent tract is platted. No half streets
will be paved in the City of Levelland. Full paving including curb
and gutter on both sides will be required from the Developer.
(8)
Cul-de-sac
streets shall not be longer than six hundred (600) feet and shall
be provided at the closed end with a turn around having an outside
right-of-way diameter of at least one hundred (100) feet.
(9)
In
consideration of the drainage function of streets, when cul-de-sac
or dead end streets abut undeveloped property, the subdivider shall
be responsible for obtaining drainage easements onto or through abutting
property sufficient to insure drainage of the proposed development.
(10)
Sidewalks are required in all subdivisions across the front yards,
and on corner lots, also along the side yard unless approval from
the Planning and Zoning Commission has been obtained for a release
from the sidewalk requirement in all or a part of a subdivision. Sidewalks
shall be forty-eight (48) inches in width and installation is not
a requirement prior to the final plat.
(11)
Street right-of-way widths shall conform as follows:
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Right-of-Way Width
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Width of Paving, Curb and Gutter
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|---|---|---|---|
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(A)
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Residential
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60 feet
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41 feet
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(B)
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Collector I
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80 feet
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46 feet
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(C)
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Collector II
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90 feet
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70 feet
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(D)
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Thoroughfare
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110 feet
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66 feet
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(b)
Private
Streets.
The Planning and Zoning Commission shall review
all plats containing private streets by these criteria:
(1)
Installation
and construction standards shall be consistent with current standards
and specifications of the city. These improvements shall be inspected
and certified "as built" by a registered Texas professional engineer
with such certification filed with the City Manager on completion.
The Building Inspector may not issue building permits on a lot fronting
a private street prior to:
(2)
A
legal entity or a home owners association must be created that is
responsible for street lighting, street maintenance and cleaning and
the installation and maintenance of interior traffic control devices.
The legal instruments establishing the responsibilities for a private
street must be submitted to the Planning and Zoning Commission and
approved as to legal form by the City Attorney and recorded in the
Deed Records of Hockley County, Texas, at the time the final plat
is recorded. The legal instruments shall provide for dedication of
the private street as a public street with no cost to the public in
the event that the city is forced to take up the maintenance of the
private street as provided below.
(3)
The
city has no obligation to maintain a private street. If a private
street is not adequately maintained, the city after a public hearing
before the City Council shall have the right but not the obligation
to take those actions necessary to put the private street in compliance
with proper maintenance. The legal entity responsible for maintaining
the private street shall pay the city for work performed within a
period of ninety (90) days from the presentation of a hill or the
private street shall become a public street of the city as above provided.
(4)
Street
name signs shall be installed at the subdividers expense at each intersection
of the private street with a public or private street.
(5)
Private
street names shall not be the same name as any public street nor shall
any private street be designated a number.
(6)
The
suffix "private" or "pvt" shall be a part of all names for private
streets and such word or its abbreviation shall be an integral part
of any street name marker.
(7)
In
no instance shall the color of the background of any private street
marker be the same as the background color or street name markers
used to identify public streets.
(8)
All
proposed development containing private streets shall be designed
to facilitate emergency vehicular access to and from the public street
system.
(9)
Each
private street shall provide a blanket easement necessary for access
and maintenance of any public utilities, services or drainage requirements.
Specifically included shall be inspection and flushing of fire hydrants.
Such easements shall be stated on the face of the plat.
(c)
Alleys.
(1)
Alleys
shall be provided in all subdivisions except where the Planning and
Zoning Commission waives this requirement where some definite and
assured provision is made for service access.
(2)
Alleys
shall be provided parallel or approximately parallel to the frontage
of all streets.
(3)
The
width of any alley shall be twenty (20) feet.
(4)
Where
two alleys intersect, a cut-off of not less than ten (10) feet along
each property line from the normal intersection of the property lines
shall be provided.
(5)
Dead
end alleys shall be avoided. If such a dead end alley is unavoidable,
the alley shall be provided with a turn around facility at the dead
end as approved by the Planning and Zoning Commission.
(6)
Alleys
shall be arranged so as to assure proper drainage.
(7)
The
entrances to alleys off of streets shall have concrete drives for
a distance of ten (10) feet from the curb line of the street into
the alley.
(d)
(e)
Lots.
(1)
The
lot size, width, shape and orientation shall by appropriate for the
location of the subdivision and for the type of development and use
contemplated.
(2)
Lot
dimensions shall conform to the requirements of the zoning regulations.
(3)
Each
lot shall front upon a public or approved private street.
(4)
Side
lot lines shall be substantially at right angles or radial to street
lines.
(f)
Fire
Hydrants.
(1)
Fire
hydrants are to be located whenever possible at street intersections.
(2)
Fire
hydrants shall he located as close as possible to five hundred (500)
feet intervals in residential areas.
(3)
Fire
hydrants shall be located as nearly as possible to three hundred (300)
feet intervals in all commercial areas.
(4)
The
size of the fire hydrant shall be determined and set by the City of
Levelland Fire Marshal.
(5)
Deviations
on the locations of fire hydrants can be granted only by the Planning
and Zoning Commission
(g)
Water
and Sewer.
(1)
Water
and sewer lines shall be installed to serve all lots within the proposed
subdivision.
(2)
The
size of water and sewer lines shall be determined in accordance with
decisions of an engineer of the city's selection.
(3)
If
the city should elect to install a water main of larger than eight
(8) inches in diameter of a sewer main of larger than eight (8) inches
in diameter. The City of Levelland will be responsible for the cost
of the difference between the eight inch line and the larger line
required by the city.
(4)
For
a period of ten (10) years after the date that a subdivider pays for
the installation of a water or sewer line, the City of Levelland will
require that any other subdivider which ties into such line shall
refund to the original subdivider on a prorata basis, the cost of
the original line.
(5)
All
engineering fees involved in the construction of the water and sewer
line with the exception of the city's engineer shall be paid for by
the Subdivider.
(6)
Upon
completion of the water and/or sewer facilities by private contractor
and acceptance by the city or upon completion by the city, the facilities
so constructed shall become and remain the property of the City of
Levelland and shall be maintained as a part of its water and/or sewer
system.
(h)
Street
Lighting.
(1)
The
primary purpose of street lighting in the City of Levelland shall
be to illuminate intersections for the benefit and safety of the public.
(2)
Street
lights will be placed only at intersections or at the ends of cul-de-sac
streets, unless a block exceeds six hundred (600) feet in length.
(3)
For
blocks longer that six hundred (600) feet in length, street lights
are authorized at or near four (400) hundred feet intervals.
(4)
Wood
standard poles will be installed unless the Subdivider or the property
owners wish to bear the higher cost associated with the installation
of some other type of pole.
(5)
Installation
of the connecting service line shall be above the lot and an easement
shall be required of the Subdivider for the overhead connection line.
In the event that the Subdivider or property owners prefer underground
service installation, all costs of the underground installation shall
be borne by the Subdivider or property owner and appropriate service
easements shall be provided.
(Ordinance 635, sec. 1, adopted 11/17/81)
(a)
General.
Where the Planning and Zoning Commission finds that extraordinary
hardships or practical difficulties may result from strict compliance
with these regulations may be served to a greater extent by an alternative
proposal, it may approve variances to these subdivision regulations
so that substantial justice may be done and the public interest secured,
provided that such variance shall not have the effect of nullifying
the intent and purpose of these regulations; and further provided
the Planning and Zoning Commission shall not approve variances unless
it shall make findings based upon the evidence presented to it in
each specific case that:
(1)
The
granting of the variance will not be detrimental to the public safety,
health, or welfare or injurious to other property.
(2)
The
conditions upon which the request for a variance is based are unique
to the property for which the variance is sought and are not applicable
generally to other property;
(3)
Because
of the particular physical surroundings, shape or topographical conditions
of the specific property involved, a particular hardship to the owner
would result as distinguished from a mere inconvenience or financial
lost, if the strict compliance with these regulations is carried out;
(4)
That
any variance does not violate any other city ordinance.
(b)
Conditions.
In approving variances, the Planning and Zoning Commission may
require such conditions as will, in its judgment, secure substantially
the objectives of the standards or requirements of these regulations.
(c)
Procedures.
A petition for any such variance shall be submitted in writing
by the subdivider at the time when the preliminary plat is filed with
the Building Inspector prior to consideration by the Planning and
Zoning Commission. The petition shall state fully the grounds for
the application and all of the facts relied upon by the petitioner,
and include clear reference to the portion of these regulations creating
the hard-ship.
(Ordinance 635, sec. 1, adopted 11/17/81)
Any person, land owner, building owner or occupant, who shall violate any of the provisions of this article or who shall fail to comply with any of the provisions of this article or who shall build, alter, or occupy any building, structure or land in violation of any statement or plan submitted and approved hereunder shall be guilty of a misdemeanor and upon conviction thereof shall be fined in accordance with the general penalty provision found in Section 1.106 of this code. Each day such violation is committed or permitted to continue shall constitute a separate offense. In addition to this remedy the building inspector may institute on behalf of the City of Levelland any appropriate action or proceedings to prevent any violation of this article.
(Ordinance 635, sec. 1, adopted 11/17/81)
