(Ord. No. CSO#1215-12-2019, § 1, 1-6-2020)
The purpose of this appendix is to establish regulations that describe the process for the review and approval of subdivision plats and public infrastructure plans, but more specifically to:
(1) 
Provide for the safe, orderly, and healthful development of the area within the city and its extraterritorial jurisdiction (ETJ) in accordance with the city's comprehensive plan;
(2) 
Promote and protect the health, safety, and general welfare of the community by requiring that adequate streets, drainage facilities, water and sanitary sewer facilities, parks, and other public improvements are provided;
(3) 
Provide for adequate light, air and privacy, and to secure from fire, flood and other danger, and to prevent overcrowding of the land and excessive congestion of population;
(4) 
Protect the character and the social and economic stability of all parts of the city and to encourage the orderly and beneficial development of all parts of the city;
(5) 
Protect and conserve the value of land throughout the city and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings;
(6) 
Ensure that public facilities are available and will have a sufficient capacity to serve the proposed subdivision;
(7) 
Ensure that any requirement imposed hereunder as a condition of development is:
a. 
Fair and equitable to each development;
b. 
Based upon the impact that the proposed development is projected to have on public facilities and services, or the anticipated benefits derived by the development from compliance with such requirement; and
c. 
That such requirement bears a rough proportionality to the requirements necessary to serve the development.
(8) 
Prevent the pollution of air, streams, and ponds, to assure the adequacy of drainage facilities, to safeguard the water table, and to encourage the wise use and management of natural resources throughout the city in order to preserve the integrity, stability, and beauty of the community and the value of the land;
(9) 
Preserve the natural beauty and topography of the city and to insure appropriate development with regard to these natural features;
(10) 
Provide for open spaces through the most efficient design and layout of the land, including the use of average density in providing for minimum width and area of lots, while preserving the density of land as established in the zoning ordinance of the city;
(11) 
Provide facilities which can be maintained without imposing an undue burden on the city; and
(12) 
Establish procedures for the review and approval of subdivision plats, and the accurate and complete plat records for all property within the city.
(Ord. No. CSO#1215-12-2019, § 1, 1-6-2020)
(a) 
Authority.
The regulations contained in this appendix have been adopted under the authority of the following:
(1) 
V.T.C.A., Local Government Code Ch. 212, Municipal Regulation of Subdivisions and Property Development. Authorizes a municipality to adopt rules governing plats and subdivisions of land within the municipality's jurisdiction.
(2) 
V.T.C.A., Local Government Code Ch. 51, General Powers of Municipalities. Authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality.
(3) 
Home Rule Charter of the city. Authorizes the city council to exercise all powers granted to municipal corporations by the constitution and laws of the state, including the implied powers necessary to execute the powers granted.
(4) 
Interlocal agreement with Johnson County. In March 2002, the city executed an agreement with Johnson County. Per that agreement, the city has subdivision authority in its extraterritorial jurisdiction (ETJ). All provisions in this appendix will apply to subdivisions in the ETJ in accordance with March 2002 interlocal agreement or any other interlocal agreement that may be executed subsequent to the adoption date of the ordinance from which this appendix derived.
(b) 
Reserved authority.
The city council reserves authority over stipulations and conditions of plat approval concerning expenditures of city funds and contractual agreements to which the city is a party. The city council also reserves authority over appeals to the requirement for dedication of land, requirements for the construction of adequate facilities, or the payment of escrow. The planning and zoning commission shall have no power to act on matters of reserved authority, and shall be deemed to concur with the city council's determination on matters of reserved authority. The city manager may determine that other DAC appeals fiscally impact the city and shall direct that those appeals be treated as reserved authority comments.
(c) 
Review authority.
In addition to its other responsibilities, the commission is vested with the authority to review, approve, approve with conditions or disapprove applications for the platting or subdivision of land, except plats with reserved authority comments.
(d) 
Staff authority.
The development services director may review and approve final plats, amended plats, and minor plats, according to the provisions of these regulations.
(e) 
Delegation.
Any city official assigned a specific responsibility under these regulations may delegate that responsibility to another employee. The city manager may reassign or delegate specific responsibilities to different officials and departments. The authority to execute written agreements on behalf of the city may not be delegated, except by action of the city manager or city council.
(Ord. No. CSO#1215-12-2019, § 1, 1-6-2020)
To carry out the purpose statements above, it is declared to be the policy of the city to guide and regulate the subdivision and development of land in such a manner as to promote orderly growth both within the city and within its extraterritorial jurisdiction.
Proposed plats or subdivisions that do not conform to the purposes listed above and the following policies and regulations shall be denied, or, in lieu of being denied, be approved subject to conformance to these purposes and policies.
These regulations shall be administered in accordance with the following policies:
(1) 
Conformity with comprehensive plan and ordinances.
Plats and proposed public improvements shall conform to the city's comprehensive plan, zoning ordinance, master thoroughfare plan, parks and recreation plan, water and wastewater master plan, design standards manual and all other development-related policies, plans and ordinances of the city.
(2) 
Sites and access for comprehensive plan elements.
Adequate sites and convenient access for schools, parks, playgrounds and other community services indicated in the city's comprehensive plan, master thoroughfare plan, parks and recreation plan, and all applicable ordinances shall be provided in accordance with the intent, policies and provisions of this appendix.
(3) 
Adequate public facilities required.
Each subdivision shall provide adequate public facilities. Adequate public facilities shall include adequate water, sanitary sewer, drainage, parks and transportation facilities necessary to serve the proposed development, whether or not such facilities are to be located within the property being platted or offsite. Adequate public facilities shall be designed in accordance with the design standards manual.
(4) 
Adequate public facilities standards.
Public facilities shall be considered adequate if they meet the minimum level of service (LOS) established in the appropriate sections of this appendix, the design standards manual, and the following standards:
a. 
Street access.
All platted lots must have safe and reliable street access for daily use and emergency purposes. All platted lots must have direct access to a paved public street, private street, or an approved access easement.
b. 
Water.
All platted lots must be connected to a public water system that provides water for health and emergency purposes. Water service must be sufficient to meet the fire flow requirements unless the site meets the requirements for a waiver in accordance with this appendix and the design standards manual.
c. 
Wastewater.
All platted lots must be connected to a public wastewater collection and treatment system, except as otherwise provided in this appendix, the design standards manual, and chapter 24 of this Code. The projected wastewater discharge of a proposed development shall not exceed the capacity of the wastewater system.
d. 
Drainage.
Stormwater runoff attributable to new development shall meet the intent of the minimum standards of this appendix and the design standards manual.
e. 
Stormwater management.
Permanent features are required to maintain to the maximum extent practicable the predevelopment characteristics of the natural creek that ultimately receives stormwater runoff from the development.
f. 
Parks and recreation.
Parks and recreation facilities shall be deemed adequate when:
1. 
Parkland has been dedicated and deeded to the city or parkland dedication fees have been paid; and
2. 
Park development is complete or park development fees have been paid; and
3. 
Maintenance agreements have been executed, if applicable.
g. 
Electricity.
All platted lots must have access to a public utility that provides electricity for retail consumption.
h. 
Telecommunications.
All platted lots must have access to a public utility that provides telecommunications for retail consumption.
(5) 
Developer responsibility.
The developer and engineer of record shall be responsible for the accuracy of the information furnished in the design of facilities as they pertain to both the proposed development and other affected properties. Concurrence by the city in the design shall not be construed to relieve any responsibility referred to herein.
(6) 
Effect of development.
Land to be platted or developed shall be of such nature, shape and location that it can be used without danger to health or increased risk of fire, floods, erosion, stormwater pollution, landslides or other menaces to the general welfare.
(7) 
Arrangement of lots and buildings.
Buildings, lots, blocks and streets shall be arranged so as to afford adequate light, view and air; and to facilitate fire protection, providing ample access to buildings for emergency equipment.
(8) 
Layout of development.
Land shall be platted and developed with due regard to topography and existing vegetation with the object being that the natural beauty of the land shall be preserved to the extent feasible. Development shall minimize vegetation loss, encroachment into natural areas, impervious surfaces, and changes to natural terrain.
(9) 
Preservation of existing features.
Existing features that add value to development or to the city as a whole, such as historic sites, floodplains and floodways, tree canopy, natural areas and similar assets should be preserved insofar as possible in the design of the plat.
(10) 
Build a sense of community.
Developments should be compact, utilize pedestrian amenities and integrate uses in order to enhance walkability and foster a sense of community. Developments should celebrate local history, climate, ecology, and building practices in order to contribute to a sense of place.
(Ord. No. CSO#1215-12-2019, § 1, 1-6-2020; Ord. No. 2080-06-2022 adopted 6/6/2022)
The following words and phrases, as used in this appendix, shall have the meanings respectively ascribed to them herein. Definitions not expressly prescribed herein are to be construed in accordance with customary usage in municipal planning and engineering practices:
APPROVAL AUTHORITY
The board, committee, or individual charged with final approval, approval with conditions, or disapproval of a plat or plan.
ADMINISTRATIVE OFFICIAL
The development services director or designee. The administrative official is responsible for the administration of this appendix or a particular portion of this appendix.
AS-BUILT PLANS
Community facilities plans of record that include any changes that occurred during construction from the plans as they were originally released for construction by the public works director. These may also be referred to as "record drawings."
CITY
The City of Burleson, Texas, including all its governing and operating bodies.
CITY COUNCIL
The governing and legislative body of the city. The city council may also be referred to as the "council."
CITY MANAGER
That person appointed as city manager by the city council, under the authority of the city Charter, or designee.
CITY SECRETARY
That person appointed by the city council under the authority of section 29 of the city Charter, or designee.
COMMERCIAL DEVELOPMENT
A development, other than single-family or two-family residential, that requires submission of a plat or the securing of a building permit.
COMMISSION
The planning and zoning commission of the city.
COMMUNITY FACILITIES CONTRACT
A contract between the developer and city for the construction of community facilities.
COMMUNITY FACILITY
Any facility that is used by or benefits the public and that is dedicated to the city for the public's use to include, but not be limited to, water mains, sewer mains, streets, alleys, sidewalks, curbs, gutters and drainage facilities, streetlights, traffic signals, parks and trails.
COMPREHENSIVE PLAN
The comprehensive plan, including revisions of the city and adjoining areas recommended by the planning and zoning commission, adopted by the city council and consisting of a land use plan, a thoroughfare plan, a parks and open space plan, goals pertaining to urban design, historic preservation, public infrastructure, economic development and community environment as well as other plans and goals necessary to satisfy the long term planning needs of the city.
CONTRACTOR
The person, persons, firm or corporation who is or will be engaged in the actual construction, building, laying, rebuilding, or repairing of streets, alleys, thoroughfares, curbs, gutters, sewer mains, water mains, drainage facilities, or any other community facility.
DEDICATED STREET OR ALLEY
Any street or alley for which the right-of-way has become public property through platting, deed, or public usage, as defined by law.
DENY
Is used interchangeably with the term "disapprove" in this appendix.
DESIGN STANDARDS MANUAL
A document adopted by city council by resolution or ordinance and intended to establish standards for the design and construction of community facilities.
DEVELOPER
An individual, partnership, corporation, or governmental entity undertaking the subdivision or improvement of land and other activities covered by this appendix or the design standards manual, including the preparation of a subdivision plat showing the layout of the land and the public improvements involved therein. The term "developer" is intended to include the term "subdivider" even though personnel in successive stages of a project may vary.
DEVELOPMENT
Any activity that requires submission of a subdivision plat, or the securing of a building permit.
DEVELOPMENT ASSISTANCE COMMITTEE
A committee of city staff members that provide a centralized, technical review of development plans.
DEVELOPMENT SERVICES DIRECTOR
That person appointed as the development services director or the person's designated representatives.
DIRECTOR OF RECREATION AND LIFELONG LEARNING
The person appointed as the director of recreation and lifelong learning, or the person's designated representative.
DISAPPROVE
Is used interchangeably with the term "deny" in this appendix.
DRAINAGE IMPROVEMENTS
Facilities constructed for the purpose of conveying stormwater through the city. These facilities include, but are not limited to, inlets, pipes, junction boxes, flumes, channels, culverts, and bridges.
DWELLING UNIT
That area of a structure set aside for single-family living; a single-family residence is one dwelling unit, a duplex is two dwelling units and each apartment of an apartment complex is a separate dwelling unit.
EASEMENT, PRIVATE ACCESS
A privately maintained easement which provides vehicular or pedestrian access between lots.
EASEMENT, SEWER
An interest in land granted to the city and the public in general for the installation or maintenance of public sewer facilities upon or under private land together with the right to enter thereon with machinery and vehicles necessary for the maintenance of the sewer facilities.
EASEMENT, UTILITY
An interest in land granted to the city, to the public in general and/or to a private utility corporation for installing or maintaining utilities across, over or under private land, together with the right to enter thereon with machinery and vehicles necessary for the maintenance of the utilities.
EASEMENT, WATER
An interest in land granted to the city and the public in general for the installation or maintenance of public water facilities upon or under private land together with the right to enter thereon with machinery and vehicles necessary for the maintenance of the water facilities.
ENGINEER
A person licensed under the provisions of the Texas Engineering Practice Act to practice the profession of engineering.
EXTRATERRITORIAL JURISDICTION (ETJ)
The unincorporated area that is contiguous to the corporate boundaries of the city, as defined in V.T.C.A., Local Government Code Ch. 42.
FILED
A plat or plan is considered filed with the city the date that the administrative official determines that the application satisfies all requirements of this appendix and other applicable ordinances, except for requested waivers, and all applicable fees have been paid.
FLOODWAY
The channel of a watercourse and the adjacent land areas that must be reserved for the passage of the 100-year flood without cumulatively increasing the existing 100-year water surface more than one foot.
FLOODPLAIN
The land adjacent to a river, stream or watercourse that is inundated by a 100-year (one percent chance) flood.
IMPERVIOUS SURFACE
Any material that substantially reduces or prevents the infiltration of stormwater.
LAYOUT
A plan view of a project that does not require profiles or final engineering description.
LOT
A parcel of land identified by a block number and lot number in an approved subdivision plat that has been properly filed of record in Johnson or Tarrant County.
MAY, SHALL
Wherever used in this appendix, shall be interpreted as permissive; the word "shall" is to be interpreted in its mandatory sense.
MIXED-USE DEVELOPMENT
Developments containing both residential and commercial land uses.
ON-SITE MAINS
(1) 
WATER
A water main located adjacent to or within the limits of the development or subdivision.
(2) 
SEWER
A sanitary sewer main located within the limits of the development and designed to serve the development and the upstream sewer shed.
PLANNING AND ZONING COMMISSION
A group of persons appointed by the city council for the purpose of participating in the orderly growth of the city and acting as a recommending body to the city council. The planning and zoning commission may be referred to as the commission.
OWNER
One with the right to exclusive use, control, or possession of property. Owner may or may not be same as developer.
PLANS
Engineering documents that include plan views, profiles, detailed drainage studies, final engineering designs for construction, including specifications and contract documents; and satisfy requirements of the design standards manual; and are sealed, signed, and dated by a licensed professional engineer.
PLAT, AMENDING
A map, drawing, or chart prepared to show a minor change of an existing subdivision to a lot line or correction of an error such that the changes are not substantive and no new lots are created.
PLAT, FINAL
The final approved plat of any lot or lots to be recorded in the plat records of Johnson or Tarrant County.
PLAT, MINOR
A subdivision of not more than four lots, which fronts on an existing street and does not require the creation of any new street or the extension of municipal facilities and which allows a short form process that eliminates the need for a preliminary plat.
PLAT, PRELIMINARY
The plat of any lot or lots of record that is not to be recorded of record but is only a proposed division of land for review and study by the city.
PLAT, VACATION OF
A plat that removes easement, lot lines and other encumbrances in order to revert a subdivision to a former configuration or status.
PUBLIC WORKS DIRECTOR
The person appointed as the public works director or the person's designated representatives.
REPLAT
The rearrangement or subdivision of any part or all of any lot or lots of a previously platted subdivision.
RESIDENTIAL DEVELOPMENT
This designation shall apply to all single-family and two-family properties.
SERVICE CONNECTIONS
(1) 
WATER
The pipe and fittings between a water main and the water meter through which a lot is supplied with water. The water service may be located under a public street or alley.
(2) 
SEWER
That portion of the sanitary sewer located between the public main or lateral sanitary sewer and the property line. The sewer service may be located under a public street or alley.
SHALL, MAY
Wherever used in this appendix, is to be interpreted in its mandatory sense; the word "may" shall be interpreted as permissive.
STORM SEWER
A facility that conveys stormwater runoff.
STREET
A public way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, private place, alley, or however otherwise designated.
SUBDIVISION
The division of a tract(s) or parcel(s) of land situated within the city or the extraterritorial jurisdiction, into two or more lots for the purpose of sale, lease, or development. For the purposes of this appendix, subdivisions are divided into the following classifications:
(1) 
RURAL SUBDIVISION
A subdivision intended for residential development that is comprised of all lots with an area of at least two and one-half acres.
(2) 
URBAN SUBDIVISION
A subdivision intended for residential development containing any lots with an area of less than one acre, or any subdivision intended for commercial development.
SURVEYOR
A registered public land surveyor (R.P.L.S.) licensed by the state to practice the profession of surveying.
TRACT
An unplatted parcel of land described by metes and bounds and typically recorded in the county deed records.
WAIVER
Any modification to, variance from, or exception from any portion of the this appendix or design standards manual.
(Ord. No. CSO#1215-12-2019, § 1, 1-6-2020)
(a) 
Requirements for the granting of a waiver.
The city council and planning and zoning commission, as applicable, shall have the authority to consider requests for waivers of regulations contained in this appendix. The council or commission may approve, disapprove or modify such a request provided that such approval or modification will not be detrimental to the public safety, health, or welfare or be injurious to other property. The developer shall provide information to support a claim that there are extraordinary hardships or practical difficulties which may result from strict compliance with the regulation or that the public interest may be better served by an alternative proposal.
No waiver shall be granted unless the council or commission finds that:
(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) 
There are special circumstances or conditions affecting the land such that the strict application of the provisions of this appendix and/or the design standards manual would deprive the applicant of the reasonable use of the applicant's land; and
(3) 
The modification, exception or waiver is necessary for the preservation and enjoyment of a substantial property right of the applicant; and
(4) 
The granting of the modification, exception or waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this appendix and the design standards manual.
Such findings of the city council or planning and zoning commission, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the city council meeting(s) at which such waiver is granted. Pecuniary hardship to the developer, standing alone, shall not be deemed to constitute undue hardship.
(b) 
Waiver approval process (all sections except subsection 4.3(a)).
Waivers from all articles of this appendix and the design standards manual except subsection 4.3(a) may be approved as follows: (Waivers from subsection 4.3(a) will be approved in accordance with subsection 1.5(c) below.)
(1) 
An applicant who desires a waiver from any specific term or regulation in the sections stated above shall file a written request and pay the fee as established on the approved city fee schedule for the waiver, with the administrative official. The written request shall:
a. 
State the specific provision of this appendix or design standards manual for which a waiver is sought;
b. 
If applicable, state any excessive conditions that the applicant believes are being improperly or unfairly imposed on the development that do not bear a rough proportionality to the requirements necessary to serve the development;
c. 
State the nature of the waiver request and include a justification for the waiver;
d. 
Present documentation necessary to show that the granting of the waiver will not result in any danger to the public health, safety, and welfare of the city and the property immediately surrounding the site for which the waiver is sought; and
e. 
Show that the city will not incur any unnecessary and inappropriate expense from the granting of the waiver.
(2) 
Following receipt of the written request for a waiver, the administrative official shall have the request for the waiver placed on the public hearing portion of the agenda of the planning and zoning commission meeting. Written notice of the hearing shall be sent to all owners of real property lying within 200 feet of the property on which the waiver is requested. The notice shall be given not less than ten days before the date set for the hearing by posting the notice, properly addressed and postage paid, to each property owner as the ownership appears on the last approved city tax roll or appraisal district records.
(3) 
The administrative official shall provide a copy of the request together with all supporting documents to the planning and zoning commission with their agenda materials. The administrative official shall advise the applicant in writing of the time and place of the hearing on the requested waiver in such manner as to ensure that the applicant shall have, at least, ten days' notice of the proposed hearing to allow adequate preparation for the presentation of the applicant's case.
(4) 
The planning and zoning commission shall hold a public hearing on the waiver request. The commission shall receive testimony and comment from citizens who desire to be heard upon the subject.
(5) 
At the conclusion of the hearing, the planning and zoning commission shall meet and shall submit a recommendation to the city council recommending approval or denial of the waiver or modification(s) to the waiver.
(6) 
Following the planning and zoning commission hearing, the administrative official shall have the request for the waiver placed on the public hearing portion of the agenda of the city council meeting. Written notice of the hearing shall be sent to all owners of real property lying within 200 feet of the property on which the waiver is requested. The notice shall be given not less than ten days before the date set for the hearing by posting the notice, properly addressed and postage paid, to each property owner as the ownership appears on the last approved city tax roll or appraisal district records. The administrative official shall provide a copy of the request together with all supporting documents to the city council with their agenda materials. The administrative official shall advise the applicant in writing of the time and place of the hearing on the requested waiver in such manner as to ensure that the applicant shall have, at least, ten days' notice of the proposed hearing to allow adequate preparation for the presentation of the applicant's case.
(7) 
The city council shall hold a public hearing on the waiver request. The council shall receive testimony and comment from citizens who desire to be heard upon the subject.
(8) 
The city council shall consider the recommendations of the planning and zoning commission on the waiver request. The city council shall grant the waiver, deny the waiver, or grant a modified waiver under terms and conditions that the council deems necessary and appropriate to protect the public health, safety and welfare and to ensure that the waiver granted does not create a financial burden upon the city. The administrative official shall advise the applicant in writing of the city council's decision within one week.
(c) 
Waiver approval process for subsection 4.3(a).
Waivers from subsection 4.3(a) (escrow) may be approved as follows:
(1) 
An applicant who desires a waiver from subsection 4.3(a) shall file a written request and pay the fee as established on the approved city fee schedule for the waiver, with the administrative official. The written request shall:
a. 
State the specific provision of subsection 4.3(a) for which a waiver is sought;
b. 
If applicable, state any excessive conditions that the applicant believes are being improperly or unfairly imposed on the property that do not bear a rough proportionality to the requirements necessary to serve the development;
c. 
State the nature of the waiver request and include a written justification for the waiver;
d. 
Present documentation necessary to show that the granting of the waiver will not result in any danger to the public health, safety, and welfare of the city and the development immediately surrounding the site for which the waiver is sought; and
e. 
Show that the city will not incur any unnecessary and inappropriate expense from the granting of the waiver.
(2) 
Following receipt of the written request for a waiver from subsection 4.3(a), the administrative official shall have the request for the waiver placed on the agenda of the city council for a public hearing. Written notice of the public hearing on the requested waiver shall be sent to all owners of real property lying within 200 feet of the property on which the waiver is requested. The notice shall be given not less than ten days before the date set for the hearing by posting the notice, properly addressed and postage paid, to each property owner as the ownership appears on the last approved city tax roll or appraisal district records. The administrative official shall provide a copy of the request together with all supporting documents to the city council with their agenda materials. The administrative official shall advise the applicant in writing of the time and place of the hearing on the requested waiver in such manner as to ensure that the applicant shall have, at least, ten-days' notice of the proposed hearing to allow adequate preparation for the presentation of the applicant's case.
(3) 
The city council shall hold a public hearing on the waiver request. The city council shall receive testimony and comment from citizens who desire to be heard upon the subject.
(4) 
At the conclusion of the public hearing, the city council shall grant the waiver, deny the waiver, or grant a modified waiver under terms and conditions that the city council deems necessary and appropriate to protect the public health, safety, and welfare and to ensure that the waiver granted does not create an unreasonable or inappropriate financial burden upon the city or improperly impose a financial burden on the applicant that is not roughly proportional to the requirements necessary to serve the development. The administrative official shall advise the applicant in written of the city council's decision within one week.