(a) 
Fronting Street.
Each lot shall abut on a public street or a private street. Private streets will be allowed only if approved by the Commission and the City Council and if the standards set forth in this Ordinance are met.
(b) 
Minimum Size.
All lots that are not served by a public or quasi-public community sewer system, shall contain a minimum lot area as required by Parker County to support a private septic tank and leach field.
(c) 
Double Fronted Lots.
Double fronted residential lots shall not be allowed. However, lots which are backed up to an arterial street shall be allowed when there is no access allowed from these lots to the arterial street. Access may also be limited to collector streets for lots which have double frontage. Where lots have double frontage, building set back lines shall be established for each street frontage.
(d) 
Side Lot Lines.
All side lot lines shall be perpendicular to the right-of-way lines or radial in the case of a cul-de-sac or curvilinear design.
(e) 
Corner Lots.
All corner lots within the City shall have setback lines on both streets as required by the Zoning Ordinance.
(f) 
Setback.
All lots within the extraterritorial jurisdiction of the City shall have a minimum twenty (20) foot building setback line from all streets adjacent to the lot.
(g) 
Conformance with Zoning Ordinance.
All lots within the City shall meet the requirements of the Zoning Ordinance or where applicable, the requirements in an approved development agreement for a subdivision within the extraterritorial jurisdiction of the City.
(h) 
Irregular-Shaped Lots.
Irregular-shaped lots shall have sufficient width at the building line to meet lot width and frontage requirements, and shall provide a building pad without encroachment into front, side or rear yard setbacks or into any type of easement. The rear lot width shall be sufficient to provide access for all necessary utilities, including access for driveways and solid waste collection when alleys are present.
(i) 
Prohibited Lots.
Triangular, greatly elongated or tapered, “flag” or “panhandle” lots are prohibited.
(j) 
Lots Backed onto Street.
A residential lot shall not back onto any residential street or collector street within a residential area or neighborhood, and shall not have more than one-half of its perimeter along streets.
(Ordinance 2014-01 adopted 1/23/2014)
(a) 
Restriction.
There shall be no tree, shrub, plant, sign, soil, fence, retainer wall or other view obstruction having a height greater than two (2') feet within the sight triangle. This height shall be measured above a line drawn between the top of curb or edge of pavement of both streets at the point where the referenced line intersects the top of curb or edge of pavement. The sight triangle shall be the triangle made by extending twenty-five feet along each property line from the property corner at an intersection.
(b) 
Exception.
This restriction shall not apply to trees within the triangle having a diameter of less than twelve (12") inches when such trees are trimmed at all times so that no branch or growth is less than nine (9') feet above the above referenced measurement line.
(c) 
Plat Notation.
All final plats which depict intersections of public right-of-way shall have the following statement on the face of the plat prior to filing in the county plat records. “The owners of all corner lots shall maintain sight triangles in accordance with the City’s Subdivision Ordinance.”
(Ordinance 2014-01 adopted 1/23/2014)
(a) 
Permanent Survey Reference Monuments.
Concrete monuments, eight (8") inches in diameter and twelve (12) inches long, shall be placed on all boundary corners which are along existing dedicated right-of-way at the perimeter of the subdivision. A five-eighth (5/8) inch diameter iron rod having a minimum length of eighteen (18) inches shall be placed flush with the top and at the center of the concrete monument. The monuments shall be set at such an elevation that they will not be disturbed during construction and the top of the monument shall be flush with or just below the finished ground elevation.
(b) 
Installation of Monuments.
Monuments shall be installed before the recording of the final plat. The subdivider may install monuments after the recording of the final plat and after completion of improvements provided the subdivider furnishes the City a letter of assurance certifying the monuments will be installed as required. All monuments shall be installed prior to acceptance of the subdivision.
(c) 
Monuments in Streets.
When placing of monuments in streets is postponed, adequate ties to the boundary line shall be shown on the plat in order that monuments may be correctly located and installed following the paving of streets.
(d) 
Benchmark Monuments on Headwalls.
A brass cap approximately two (2") inches in diameter shall be placed on top and at one end of all culvert headwalls within or at the perimeter of the development. Prior to acceptance of the subdivision, the subdivider’s surveyor shall provide a letter certifying the elevation of the brass cap (NGVD 1929).
(e) 
Monument Verification.
Prior to acceptance of public works improvements by the City, the developer’s surveyor or engineer shall certify that all monument and markers are in place and correctly positioned[.]
(Ordinance 2014-01 adopted 1/23/2014)
Prior to acceptance of the subdivision, the subdivider shall provide a digital computer file or files of the subdivision containing the coordinate geometry for the subdivision boundaries, lot lines, right-of-way, street centerlines and easements in a format and on media compatible with the City system (autocad, dwg and .pdf).
(Ordinance 2014-01 adopted 1/23/2014)
(a) 
Applicability.
When a development contains common areas, entry features, screening walls, open space or other improvements not intended to be dedicated to the City for public use, a homeowners’ or property owners’ association shall be created, and the duties and responsibilities shall be established in a declaration consistent with state laws.
(b) 
Dedication.
(1) 
The common areas shall be shown on the final plat as separate lots, along with an adequate form for dedication. This dedication form shall include language which saves the title to common area properties for the benefit of the homeowners’ or property owner’s association and expresses a definite undertaking by the developer to convey the common properties to the homeowners’ association.
(2) 
All facilities, structures, improvements, systems, areas or grounds to be operated, maintained and/or supervised by an association, other than those located in public easements or rights-of-way or public parks dedicated to the City, shall be dedicated by easement or deeded in a fee simple ownership interest to such association.
(c) 
Responsibilities.
The mandatory property owner’s or homeowners’ association shall be responsible for the continuous and perpetual operation, maintenance and/or supervision of landscape systems, features or elements located in parkways, common areas, between screening walls or living screens and adjacent curbs or street pavement edges, adjacent to drainageways or drainage structures, or at subdivision entryways.
(d) 
Legal Requirements.
To assure the establishment of a permanent homeowners’ or property owners’ association, including its financing and the rights and responsibilities of the owners in relation to the use, management and ownership of common areas or common property, the plat, dedication documents, covenants, and other recorded legal agreements must provide for the following:
(1) 
Creation of an automatic membership, nonprofit homeowners’ or property owners’ association;
(2) 
Placement of title to the common property in the homeowners’ or property owners’ association or definite assurance that it automatically will be so placed within a reasonable, definite time;
(3) 
Appropriate limitation of the uses of the common property;
(4) 
Imposition of an association charge or assessment on each lot in a manner which will assure sufficient association funds to maintain the common property or improvements;
(5) 
The grant to each owner voting rights in the association;
(6) 
Identification of the land area within the association’s jurisdiction including, but not limited to, the following:
(A) 
The property to be transferred to public agencies;
(B) 
The individual lots;
(C) 
The common properties to be transferred by the developer to the association; and
(D) 
Other parcels;
(7) 
Protective covenants which, shall make the association responsible for the maintenance and operation of all common property, and include[s] provisions for assessments, to be enforced by lien;
(8) 
Definitions of terms;
(9) 
An initial term of the agreements, covenants and restrictions establishing the association for a 25-year period and automatic renewal for successive ten-year periods, and provide that the association may not be dissolved without the prior written consent of the City;
(10) 
The amendment of any portion of the association’s agreements, covenants or restrictions pertaining to the use, operation, maintenance and/or supervision of any facilities, structures, improvements, systems, areas or grounds that are the responsibility of the association only with the prior written consent of the City; and
(11) 
An indemnification holding the City harmless from any and all costs, expenses, suits, demands, liabilities or damages, including attorney’s fees and costs of suit, incurred or resulting from the City’s removal of any landscape systems, features or elements.
(e) 
Procedure.
The developer shall submit the articles of incorporation of the homeowners’ or property owners’ association, its bylaws, and the restrictive covenants to the Administrative Official for approval along with the final plat. Prior to filing the plat, the developer shall create an incorporated nonprofit homeowners’ association, and record covenants which meet the requirements of Subsection (d).
(Ordinance 2014-01 adopted 1/23/2014)
(a) 
When required.
A developer’s agreement is required to be executed in the event public works improvements are required, when the developer requests a waiver or credit of fees, credits for prior or proposed improvements or dedications, requests a pro-rata arrangement, or dedicates parkland to the City.
(b) 
Generally.
(1) 
No earthwork, grading, utility, street or drainage improvement construction or any public or private improvements shall be allowed until the developer receives approval of a final plat and the City executes a developer’s agreement with the developer.
(2) 
The City Administrator is authorized to execute a developer’s agreement in the form approved by the City Council unless the agreement provides for one or more of the following:
(A) 
Financial participation by the City;
(B) 
Waiver of fees; or
(C) 
Credits for prior or proposed improvements or dedications.
If the developer’s agreement includes any of the foregoing provisions, the agreement must be approved by City Council.
(c) 
Terms of Agreement.
The developer’s agreement shall be on a form prepared by the City and shall contain, at a minimum, the following provisions:
(1) 
Covenants to complete the public improvements in accordance with City ordinances within two years from final plat approval;
(2) 
Covenants to warranty the improvements for a period of two years following acceptance by the City;
(3) 
Covenants to provide performance, payment and maintenance bonds;
(4) 
Provisions for participation in the costs of the improvements by the City, if authorization has been obtained from the City Council, and a performance bond for such improvements from the contractor, with the City as an obligee;
(5) 
Provisions for securing the obligations of the agreement;
(6) 
Insurance and indemnification requirements; and
(7) 
Such other terms and conditions as are agreed to by the developer and City.
(d) 
Cost Estimates.
The costs in the developer’s agreement shall be based on cost estimates thereof, prepared by the developer’s engineer and reviewed by the City Engineer.
(e) 
Covenants to Run with the Land.
The developer’s agreement shall provide that the covenants contained in the agreement run with the land and bind all successors, heirs and assignees of the property owner. All existing lienholders shall be required to execute the agreement or provide written consent to the covenants contained in the agreement.
(Ordinance 2014-01 adopted 1/23/2014)
(a) 
Generally.
The Commission may recommend and the City Council may authorize a variance from these regulations when, in its opinion, extraordinary hardship will result from requiring strict compliance.
(b) 
Request.
The applicant seeking a variance shall submit to the Administrative Official a written request stating the justification for such variance, accompanied by engineering data or other evidence supporting the applicant’s request for relief. The Commission may recommend and the City Council may grant a variance in conjunction with the application for approval of the plat. The applicant bears the burden of proof to demonstrate that a variance to the standards applicable to a development application should be granted.
(c) 
Evidence.
The Commission and City Council may require engineering studies and displays from the applicant to support the request for a variance. The decision of the Council shall be final.
(Ordinance 2014-01 adopted 1/23/2014)
The City Council shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed development, and the probable effect of the requested variance upon traffic conditions, City services, and upon the public health, safety, convenience and welfare, and whether:
(1) 
The requirement places an unreasonable burden on the development and does not bear a rough proportionality to the requirements necessary to serve the development; or
(2) 
Hardships or practical difficulties will result from strict compliance with these regulations, and/or the purpose of these regulations may be served to a greater extent by an alternative proposal; and
(3) 
The conditions upon which the request for a variance is based are unique to the property and are not applicable to other properties, or the tract has severe topographical conditions or unique environmental qualities worthy of protection.
Financial hardship, alone, to the applicant shall not be deemed to constitute unreasonable burden or hardship.
(Ordinance 2014-01 adopted 1/23/2014)
The City Council may impose conditions relating to the variance as will, in its judgment, substantially secure the objectives of the standards or requirements to which the variance was granted.
(Ordinance 2014-01 adopted 1/23/2014)
The Commission may recommend and the City Council may modify the standards and requirements of this Ordinance in the case of an application including an approved planned development district. Such departures from the standards specified may be made only when the Council finds that the plan provides for convenience and safe access, adequate space for recreation, provision for light and air, and offers all essential utility services and necessary public and other facilities, and is in conformance with all provisions of any ordinances which specifically apply to a planned development district.
(Ordinance 2014-01 adopted 1/23/2014)