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;
shall cause a plat to be made thereof in conformance with this article. |
(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:
Approved this _____ day of __________, 20_____, by the City Planning and Zoning Commission of the City of Levelland, Texas. | |
CHAIRMAN | ___________ |
SECRETARY | ___________ |
(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:
Approved this __________ day of __________, 20__________, by the City Council of the City of Levelland, Texas. | |
MAYOR | ___________ |
CITY SECRETARY | ___________ |
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.
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. |
(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:
Right-of-Way Width | Width of Paving, Curb and Gutter | ||
|---|---|---|---|
(A) | Residential | 60 feet | 41 feet |
(B) | Collector I | 80 feet | 46 feet |
(C) | Collector II | 90 feet | 70 feet |
(D) | Thoroughfare | 110 feet | 66 feet |
(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)