These regulations shall officially be known, cited, and referred to as the subdivision regulations of the city (hereinafter "these regulations").
(Ordinance 146, sec. 1.01, adopted 3/7/2022)
The purpose of these regulations is to:
(1)
Guide the future growth and development of the City of Daisetta (hereinafter "the city"), to achieve orderly urban development through land subdivision and assemblage, to assure the best possible community environment, to enhance the special characteristics and small town character of the city and to create a unique sense of place, in concert with the city's other regulations and ordinances.
(2)
To provide adequate municipal services, safe streets, and to protect and promote the public health, safety and general welfare.
(3)
To protect and conserve the value of land throughout the city and the value of buildings upon the land, and to minimize the conflicts among various uses of land and buildings.
(4)
To establish reasonable standards of design and procedures for subdivisions and resubdivisions in order to further the orderly layout and use of land, and to ensure proper legal descriptions and monumenting of subdivided land.
(5)
To ensure that public facilities and services are available concurrent with development and will have a sufficient capacity to serve the proposed subdivision; and that the community will be required to bear no more than its fair share of the cost of providing the facilities and services by requiring the subdivider to pay fees, furnish land, or establish mitigation measures to ensure that the development provides its fair share of capital facilities needs generated by the development.
(6)
To 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.
(7)
To preserve the natural beauty and topography of the city and to ensure appropriate development with regard to these natural features.
(8)
To provide for open spaces through the most efficient design and layout of the land.
(9)
To remedy the problems associated with inappropriately subdivided lands, including premature subdivision, excess subdivision, partial or incomplete subdivision, or scattered and low-grade subdivision.
(Ordinance 146, sec. 1.02, adopted 3/7/2022)
The city council, under such requirements, limitations and/or restrictions as are provided in this division, shall have the power and authority to approve of plats meeting the requirements of this article for subdivisions within the corporate limits of the city and for a distance surrounding the corporate limits of the city within the extraterritorial jurisdiction of the city as authorized by chapter 212 of the Texas Local Government Code.
(Ordinance 146, sec. 1.03, adopted 3/7/2022)
All property proposed for subdividing or resubdividing within the city or its extraterritorial jurisdiction shall hereafter be laid out in accordance with these regulations for approval by the city council. No other subdivisions will be recognized by the city. Prior to a plat being considered by the city council, the same shall be reviewed by such administrative personnel as are charged with such responsibility in the city. No land may be subdivided through the use of any legal description other than with reference to a plat approved by the city council in accordance with these regulations. No building permit or certificate of occupancy for any parcel or plat of land within the city, created by subdivision after the effective date of this article, and not in substantial conformity with the provisions of these subdivision regulations, shall be issued, and no excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with these regulations.
(Ordinance 146, sec. 1.04, adopted 3/7/2022)
In order that land may be subdivided in accordance with these purposes and policies, these subdivision regulations are hereby adopted and made effective as of the date of adoption of this ordinance by the city council. All applications for subdivision approval including final plats, pending on the effective date of these regulations shall be reviewed under these regulations except that these regulations will not apply if preliminary plat approval was obtained prior to the effective date of these regulations as required by the city unless the city council determines on the record that application of these regulations is necessary to avoid a substantial risk of injury to the public health, safety and general welfare.
(Ordinance 146, sec. 1.05, adopted 3/7/2022)
(a)
Interpretation.
In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare, [and] these regulations shall be construed broadly to promote the purposes for which they are adopted.
(b)
Conflict.
(1)
Public provisions.
These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law except as provided in these regulations. Where any provision of these regulations imposes restrictions different from those imposed by other provisions of these regulations or any other ordinance, rule or regulation, or other provision of law, the provision which is more restrictive or imposes higher standards shall control.
(2)
Private provisions.
These provisions are not intended to abrogate any easement, covenant, or any other private agreement or restriction, provided that where the provisions of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement or restriction, the requirements of these regulations shall govern. Where the provisions of the easement, covenant, or private agreement or restriction impose duties and obligations more restrictive or standards that are higher than the requirements of these regulations, or the determinations of the city council in approving a subdivision or enforcing these regulations, and the private provisions are not inconsistent with these regulations, then the private provisions shall be operative and supplemental to these regulations and the determinations made under the regulations.
(c)
Separability.
If any part or provision of these regulations or the application of these regulations to any person or circumstances is adjudged invalid by any court of competent jurisdiction, the judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which the judgment shall be rendered and it shall not affect or impair the validity of the remainder of these regulations or the application of them to other persons or circumstances. The city council hereby declares that it would have enacted the remainder of these provisions even without any such part, provision, or application which may be judged to be invalid.
(Ordinance 146, sec. 1.06, adopted 3/7/2022)
These regulations shall not be construed as abating any action now pending under, or by virtue of, prior existing subdivision regulations, or as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the municipality under any section or provision existing at the time of adoption of these regulations, or as vacating or annulling any rights obtained by any person, firm or corporation by lawful action of the municipality except as shall be expressly provided for in these regulations.
(Ordinance 146, sec. 1.07, adopted 3/7/2022)
Upon the adoption of these regulations according to law, any previous subdivision regulations adopted by the city, and any subsequent amendments thereto, are hereby repealed, except as those sections [are] expressly retained in these regulations.
(Ordinance 146, sec. 1.08, adopted 3/7/2022)
For the purpose of protecting the public health, safety, and general welfare, the city council may from time to time propose amendments to these regulations which shall then be approved or disapproved by the city council at a public hearing following public notice.
(Ordinance 146, sec. 1.09, adopted 3/7/2022)
Regulation of the subdivision of land and the attachment of reasonable conditions to land is an exercise of valid police power delegated by the state to this municipality. The subdivider has the duty of compliance with reasonable conditions laid down by city council for design, dedications, improvement, and restrictive use of the land to conform to the physical and economic development of the municipality and to the health, safety, and general welfare of the future lot owners in the subdivision and of the community at large.
(Ordinance 146, sec. 1.10, adopted 3/7/2022)
(a)
General.
Where the city council finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve variances, exceptions, and waiver of conditions to these subdivision regulations so that substantial justice may be done and the public interest secured; provided that the variance, exception, or waiver of conditions shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the city council shall not approve variances, exceptions, or waiver of conditions unless it shall make findings based upon the evidence provided to it in each specific case that:
(1)
The granting of the variance, exception, or waiver of conditions will not be detrimental to the public safety, health, or welfare, or injurious to other property.
(2)
The conditions upon which the request is based are unique to the property for which the relief 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, if the strict letter of these regulations is carried out. Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute hardship requiring a variance.
(4)
That the granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this article.
(b)
Conditions.
In approving variances, exceptions, or waivers of conditions, the city council may require such conditions as will, in its judgment, secure substantially the purposes described in section 9.02.002.
(c)
Procedures.
A petition for a variance, exception or waiver of conditions shall be submitted in writing to the city council at the time when the preliminary plat is submitted. All variances, exceptions and waivers requested shall be noted on the petition, which shall be a separate document from the plat. The petition shall state fully the grounds for the application and all of the facts relied upon by the applicant including, but not limited to:
(d)
Failure of the city to note any plat provisions which are in violation of these regulations shall not constitute a variance, exception or waiver and shall not relieve subdivider of his duty to comply with these regulations.
(e)
Such findings of the city council, together with the specified facts upon which such findings are based, shall be incorporated into the official minutes of the city council meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this article so that the public health, safety, and welfare may be secure and substantial justice done. No variance shall be granted as to required improvements, minimum lot sizes, flood hazard area regulations, or bond requirements.
(Ordinance 146, sec. 1.11, adopted 3/7/2022)
(a)
Generally.
(1)
It shall be the duty of the building official to enforce these requirements and to bring to the attention of the city council or its designated agent any violations of these regulations.
(2)
No owner, or agent of the owner, of any parcel of the land located in a proposed subdivision shall transfer or sell any part of the parcel before a final plat of the subdivision has been approved and signed by the city council in accordance with the provisions of these regulations and recorded in the real property records of the county. No permit of any type may be issued by the city for any work on any parcels of property that have been divided, sold or transferred that is not in accordance with the provisions of this article, where applicable, prior to obtaining any permits of any type from the city for work or construction. Nothing herein shall be deemed to prohibit orderly excavation, grading or other permits; however, no rights shall inure to any landowner or any party excavating property and no right of anticipation or right to anticipate any permit shall at any time be applicable.
(3)
The subdivision, as "subdivision" is defined herein, of any lot or any parcel of land solely by the use of metes and bounds description for the purpose of sale, transfer, lease or development is prohibited. The division of land into any tract less than five (5) acres or in any circumstance where public access for ingress or egress or utilities are provided or where public improvements are specified to be dedicated to the city, must be subdivided in accordance with the requirements of this article. It is a violation of this article if land is divided without "subdividing" and otherwise meeting the requirements of this article. No permit may be issued by the city in any case where a division of land has occurred which would otherwise require compliance with this article and where no approval by the city has been given in accordance with the procedures set out in this article.
(4)
No permit shall be issued for a lot or plat subdivided or sold in violation of the provisions of these regulations, nor shall the city have any obligation to issue certificates of occupancy or to extend utility services to any parcel created in violation of these regulations.
(5)
Regardless of the procedure used in constructing improvements, no utilization of a development shall be made for residential purposes, and no building permit or certificate of occupancy shall be issued, until improvements are made which allow permanent and approved utility connections to be made. Specifically, it shall be unlawful for any builder or subdivider to allow any structure to be utilized for residential purposes until the subdivision water and sewer systems are constructed, complete, operable, and approved by the city council.
(b)
Violations and penalties.
Any person who violates any of these regulations shall be subject to such penalties as provided by law for a class C misdemeanor.
(c)
Civil enforcement.
Appropriate actions and proceedings may be taken in law or in equity to prevent any violation of these regulations, to prevent unlawful construction, to recover damages, to restrain, correct, or abate a violation and to prevent illegal occupancy of a building, structure or premises. These remedies shall be in addition to the penalties described above.
(1)
The city council and building official at all times shall uniformly apply and enforce this article against all citizens and property owners in the city.
(2)
Prior to commencing any suit, the city attorney shall make a good faith investigation as to the allegations and shall so advise the city council, and the city council in exercise of its discretion may elect to file suit or become a party.
(3)
The city attorney upon authorization by the city council may file suit or become a party to a suit on behalf of the city in any court of competent jurisdiction for the purpose of enjoining or abating the violation of a restriction or recorded restriction.
(4)
In all suits filed by the city of to which the city becomes a party, the city attorney shall seek to recover reasonable attorney's fees on behalf of the city for enforcement of these regulations.
(Ordinance 146, sec. 1.12, adopted 3/7/2022)
(a)
Notwithstanding any provision of this article, model homes may be constructed in a residential subdivision after approval of the final plat, but prior to installation of all required improvements subject to certain conditions. For the purposes of this article, model home shall be defined as a dwelling unit used initially for display purposes which typifies the type of units that will be constructed in the subdivision and which will not be permanently occupied during its use as a model.
(b)
Each subdivision shall be limited to one model home per 20 platted and approved lots in the subdivision. In the case of fractional lots, one additional home may be built. Lots planned for future phases of development shall not be considered as platted lots.
(c)
Construction of model homes may begin upon completion of water and sewer improvements in the subdivision. The model home may only be occupied for sale and display purposes upon completion of the street leading to the model home and for 50 feet thereafter.
(d)
The model home shall be used only for selling new homes within the subdivision where the office has been established. The model home will not be inhabited as dwellings and will only be used for display [and] sales purposes until after installation and acceptance of all required improvements in the subdivision.
(e)
All installations related to the sales activity (e.g., canopies, partitions, walls, signage, fencing, lighting, temporary parking and similar improvements) shall be converted to the approved residential use prior to occupancy as a residential structure. If the carport or garage has been converted to office space, it must be returned to a condition suitable for the parking of automobiles.
(f)
Applicant shall post a $5,000.00 bond, refundable deposit, or other form of surety per model home to guarantee conversion of any office/display area to approved residential use and for removal of any exterior items such as temporary parking, fencing, lighting and signage.
(g)
Applicant shall make application for a model home building permit which shall be subject to all applicable codes and ordinances in the same manner as any other residence. It shall also comply with all deed restrictions, drainage and other construction plans of the given subdivision.
(h)
Model home permits shall be valid for no longer than three (3) years prior to expiration. Applicant may file a request for any extension upon a showing that the model home is still needed. The application for a model home permit shall include the following:
(1)
A statement in a form approved by the city attorney and signed by the applicant in which he agrees to indemnify and hold harmless the city, its employees, agents, representatives, and elected and appointed officials from any and all claims made against them arising from the construction and occupancy of the model home(s) prior to construction of all required improvements and filing of the final plat.
(i)
Granting a model home permit in no way obligates the city to supply any utility or access to any model home until such utilities and roadways have been constructed and accepted by the city.
(Ordinance 146, sec. 1.13, adopted 3/7/2022)