By an agreement dated May 6, 2002, pursuant to section 242.001(d)(3) of the Texas Government Code, it was agreed by the city and the county that the city is apportioned all the area within its extraterritorial jurisdiction for the purpose of regulating subdivisions and approving related permits in such area, and the county shall not thereafter approve plats in such area.
(Ordinance adopting Code)
[1]
Editor’s note–This article consists of the subdivision ordinance published as chapter 11 in the 1985 Code of Ordinances and later published as chapter 9 in the 2000 Code of Ordinances, as subsequently amended. Section numbers, style, capitalization and formatting have been changed to be consistent with the remainder of the Code of Ordinances, and this will be maintained in future amendments to this article. Changes in the names of state agencies have been incorporated without notation. Obviously misspelled words have been corrected without notation. Except for these changes, such ordinance is printed herein as enacted and amended. Any other material added for purposes of clarification is enclosed in brackets.
(a) 
In the interpretation and application of the provisions of these regulations, it is the intention of the city council that the principles, standards and requirements provided for herein shall be minimum requirements for the platting and developing of subdivisions in the City of Hubbard, and where other ordinances of the city are more restrictive in their requirements, such other ordinances shall control.
(b) 
The purpose of these regulations are to provide for the orderly, safe and healthful development of the area within the city and within the area surrounding the city and to promote the health, safety and general welfare of the community.
(2000 Code, art. 9.100)
(a) 
For the purpose of this article, the following terms, phrases, words and other [their] derivations shall have the meaning ascribed to them in this section:
Alley.
A minor public right-of-way, not intended to provide the primary means of access to abutting lots, which is used primarily for vehicular service access to the back or sides of properties otherwise abutting on a street.
City.
The City of Hubbard, Texas.
City council.
The governing body of the City of Hubbard, Texas.
Crosswalk way.
A public right-of-way, four feet (4') or more in width between property lines, which provides pedestrian circulation.
Cul-de-sac.
A street having but one (1) outlet to another street, termination of the opposite end by a vehicular turnaround.
Dead-end street.
A street, other than a cul-de-sac, with only one (1) outlet.
Developer.
This term may be determined by the city to be synonymous with subdivider.
Engineer.
A person duly authorized under the provisions of the Texas Engineering Registration Act, as heretofore, or hereafter amended, to practice the profession of engineering. The term “city engineer” shall apply only to such registered professional engineer or firm of registered professional consulting engineers that has been specifically designated as such by the city council.
Final plat (also record plat or filing plat).
The one official and authentic map of any given subdivision of land prepared from actual field measurement and staking of all identifiable points by a surveyor or engineer with the subdivision location referenced to a survey corner and all boundaries, corners and curves of the land division sufficiently described so that they can be reproduced without additional references. Angular measurements and bearings shall be accurate to the nearest minute. Distances shall be accurate to the nearest one-tenth (1/10th) of a foot.
Land planner.
Persons other than surveyors or engineers who also possess and can demonstrate a valid proficiency in the planning of residential, commercial, industrial and other related developments; such proficiency after having been acquired by education in the field of landscape architecture or other specialized planning curriculum and/or by actual experience and practice in the field of land planning.
Lot.
An undivided tract or parcel of land having frontage on a public street and which is, or in the future may be offered for sale, conveyance, transfer or improvement, which is designated as a district [distinct] and separate tract, and which is identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly filed of record.
Pavement width.
The portion of a street available for vehicular traffic. Where curbs are laid, it is the portion between the face of curbs.
Person.
Any individual, association, firm, corporation, governmental agency or political subdivision.
Preliminary plat.
The phrase “preliminary plat” shall be any plat of any lot, tract or parcel of land that is not to be recorded of record, but is only a proposed division of land for review and study by the city. It shall include topography and drainage features.
Shall, may.
The word “shall” is always mandatory. The word “may” is merely directory.
Street.
A public right-of-way, however designated, which provides vehicular access to adjacent land:
(1) 
Major thoroughfares (also arterial streets, primary thoroughfares, etc.) provide vehicular movement from one neighborhood to another, to distant points within the urban area or to freeways or highways leading to other communities;
(2) 
Collector streets (also feeder streets, secondary thoroughfares, etc.) provide vehicular circulation within neighborhoods and from minor streets to major thoroughfares. Due to similarity of traffic volume and wheel loadings, streets through commercial and industrial areas are frequently constructed to same design as collector streets;
(3) 
Local residential streets (also minor thoroughfares or streets, etc.) are primarily for providing direct vehicular access to abutting residential property.
Subdivider.
Any person, partnership, association, firm, corporation or any agent thereof, dividing or proposing to divide land so as to constitute a subdivision as that term is defined herein. In any event, the term “subdivider” shall be restricted to include only the owner, equitable owner or authorized agent of such owner or equitable owner, of land sought to be subdivided.
Subdivision.
The word “subdivision” or “addition” shall be any division of any lot, tract or parcel of land into two (2) or more lots or sites for the purpose, whether immediate or future, of sale or of building development or transfer of ownership. It also includes resubdivision or replatting of land, lots or tracts. Division of land for agricultural purposes, in parcels of five (5) acres or more shall not be included within this definition, unless any such division of five (5) acres or more includes the planning or development of a new street or access easement.
Surveyor.
A licensed state land surveyor or a registered public surveyor, as authorized by state statutes to practice the profession of surveying.
Utility easement.
An interest in land granted to the city, to the public generally, and/or to a private utility corporation, for installing and maintaining utilities across, over or under private land, together with the right to enter thereon with machinery and vehicles necessary for the maintenance of said utilities.
(b) 
Any office referred to in this article by title means the person employed or appointed by the city in that position, or his duly authorized representative.
(c) 
Definitions not expressly prescribed herein are to be construed in accordance with customary usage in municipal planning and engineering practices.
(2000 Code, art. 9.200)
(a) 
The city will not permit the installation of septic tanks upon any lot in a subdivision except in accordance with section 10.02.011 hereof.
(b) 
No building permit shall be issued by the city for any structure on a lot in a subdivision for which a final plat has not been approved and filed for record, nor for any structure on a lot within a subdivision in which the standards contained herein or referred to herein have not been complied with in full.
(c) 
The city may allow sectional development of an approved final plat provided that the section of the final plat meets all the requirements of this article in full as though it were a subdivision within itself.
(d) 
The city shall not authorize any other person nor shall the city itself repair, maintain, install or provide any streets or public utility services in any subdivision for which the standards contained herein or referred to herein have not been complied with in full.
(e) 
The city shall not authorize any other person nor shall the city itself sell or supply any water or sewerage service within a subdivision for which a final plat has not been approved or filed for record, nor in which the standards contained herein or referred to herein have not been complied with in full.
(f) 
In behalf of the city, the city attorney shall, when directed by the city council, institute appropriate action in a court of competent jurisdiction to enforce the provisions of this article or the standards referred to herein with respect to any violation thereof which occurs within the city, within the extraterritorial jurisdiction of the city as such jurisdiction is determined under the Municipal Annexation Act, or within any area subject to all or part of the provisions of this article.
(g) 
The provisions of this article shall not be construed to prohibit the issuance of permits to any lots upon which a residence building exists and was in existence prior to passage of these regulations, or to prohibit the repair, maintenance or installation of any street or public utility services for any residential building, or abutting any sale lot, the last recorded conveyance of which [was] prior to passage of these regulations.
(2000 Code, art. 9.300)
The subdivider shall furnish, install and/or construct the water and sewage systems and the street and drainage facilities necessary for the proper development of the subdivision. All such facilities shall be designed and constructed in accordance with city ordinances, the Code of Ordinances and standards. Where considered necessary by the city engineer, the facilities shall be sized in excess of that dictated by the design criteria to provide for future growth and expansion. The city council shall establish policies whereby the city would participate in such oversized facilities provided funds are available. Street signs shall also be paid for by the developer at the rate established by the city council at the time the final plat filing fees are paid.
(2000 Code, art. 9.400)
The city council may authorize a variance from these subdivision regulations when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the city council shall prescribe only conditions that it deems necessary to or desirable in the public interest. Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship. In making the findings hereinbelow required, 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 subdivision, and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience, and welfare in the vicinity. No variance shall be granted unless the city council finds:
(1) 
That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of these regulations would deprive the applicant of the reasonable use of his land;
(2) 
That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant;
(3) 
That the granting of the variance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area; and
(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 these regulations.
Such findings of the city council, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the council meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of these regulations so that the public health, safety, and welfare may be secured and substantial justice done. Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship.
(2000 Code, art. 9.500)
(a) 
Pre-application.
Prior to submitting a plat, the subdivider shall be responsible for checking on proper zoning [and] subdivision regulations and improvement requirements and then consult early and informally with the city council before formal application of the preliminary plat for its approval in order to save time and money.
(b) 
Preliminary plat requirements.
(1) 
General.
A preliminary plat shall be prepared by a surveyor, engineer or land planner. The plat shall conform to these subdivision regulations and zoning regulations.
(2) 
Timing and copies required.
The subdividers shall submit six (6) blue or black line copies of the preliminary plat to the city secretary at least fourteen (14) days prior to the city council meeting at which the plat is to be considered.
(3) 
Form.
The preliminary plat shall be drawn on 24" x 36" at a scale appropriate for that size sheet. The preferred scale is 1" = 100'. In cases of large developments a scale of 1" = 200' may be used, but is the smallest scale to be permitted.
(4) 
Content of preliminary plat.
(A) 
Name and address of the owner, subdivider, engineer, surveyor or land planner;
(B) 
Proposed name of the subdivision;
(C) 
Names of adjacent subdivisions or owners of adjacent parcels of unsubdivided land. Show any platting of adjoining property and all street names;
(D) 
An accurate boundary survey of the property and a metes and bounds description;
(E) 
A north point, scale of plat, and date of preparation.
(5) 
The location and dimensions of all streets, alleys, easements, lots and other sites proposed within the subdivision. Where the proposed subdivision is a unit of a larger tract proposed for future development, the preliminary plat shall be accompanied by a layout of the entire tract showing the tentative layout of streets, blocks, drainage, and utility improvements. The overall layout, if approved by the city council, shall be attached to the smaller approved subdivision and made a part of the permanent records. Thereafter, plats of subsequent units of such subdivision shall conform to the approved overall layout unless it is amended by the city council.
(6) 
Contours at intervals of five (5) vertical feet. If contours at that interval do not give adequate terrain description, then the interval will be reduced to two (2) vertical feet.
(7) 
Preliminary drainage proposals including drainage areas affecting the property.
(8) 
Existing and proposed utility service to the property.
(9) 
Existing public utility easements.
(10) 
Any land uses proposed other than single-family lots such as schools, parks, churches and apartments.
(11) 
Number of each lot and letter assigned to each block.
(12) 
Front building setback lines shown on all lots and sites and side building line at street intersection.
(13) 
The following certification shall be placed on the preliminary plat:
APPROVED FOR PREPARATION OF FINAL PLAT SUBJECT TO CONDITIONS ENUMERATED IN CITY COUNCIL MINUTES OF TODAY’S DATE
 
________________________________________
Mayor
Date
(c) 
Processing the preliminary plat.
(1) 
Upon receiving six (6) copies of the preliminary plat and the required filing fees, the city secretary will inform the subdivider of the time of the next city council meeting at which the preliminary plat will be considered. Upon receipt, the city secretary will provide for the review of the plat by the appropriate officials, being the mayor, city engineer, water and sewer superintendent, and any other officials deemed appropriate. Two (2) copies will be provided to the city engineer. The city engineer will then return one (1) copy to the city with his comments and recommendations. Such preliminary plat shall also be checked against the city’s zoning regulations. The preliminary plat will then be placed on the agenda for its consideration of approval by the city council.
(2) 
Within thirty (30) days after the preliminary plat is formally filed, the city council shall conditionally approve or disapprove such plat or conditionally approve it with modifications. The conditional approval of the preliminary plat by the city council does not in any manner constitute the acceptance of the subdivision nor the improvements placed therein, but is merely an authorization to proceed with the preparation of the final plat. The action of the city council shall be noted on two (2) copies of the preliminary plat along with references to any conditions determined and attached thereto. One (1) copy shall be returned to the developer and the other copy retained as a permanent record of the city. Approval of the preliminary plat, if granted, shall be binding for not longer than one (1) year after the date of approval of the preliminary plat unless the final plat has been approved and recorded within the one-year period.
(3) 
Approval of the preliminary plat does not permit the beginning of any proposed subdivision improvements. No construction work shall begin prior to approval of the final plat of the proposed subdivision by the city council.
(d) 
Preliminary plat filing fees.
The schedule of fees and charges as provided for in the fee schedule found in the appendix of this code shall be collected by the city when any preliminary plat is tendered to the city for consideration of approval. Such fees and charges shall accompany the application of the proposed plat and no action of the city council shall be valid until the filing fee has been paid. This fee shall not be refunded to the subdivider should the plat be disapproved.
(2000 Code, art. 9.600)
(a) 
Final plat requirements.
(1) 
General.
The final plat shall conform to the preliminary plat as approved, and incorporating all conditions imposed by the city council.
(2) 
Timing and copies required.
The subdividers shall submit six (6) blue or black line copies of the final plat to the city secretary at least fourteen (14) days prior to the city council meeting at which the plat is to be considered.
(3) 
Form.
The final plat shall be drawn on 24" x 36" at a scale appropriate for that size sheet, but a 1" = 200' is the smallest scale that will be permitted. Where more than one (1) sheet is necessary to accommodate the entire area, an index sheet showing the entire subdivision at appropriate scale shall be attached to the plat. If desired by the subdivider and approved by the city council, the final plat may constitute only that portion of the approved preliminary plat which is proposed to be recorded and developed; however, such portion shall conform to all requirements.
(4) 
Content of final plat.
(A) 
All requirements of preliminary plat.
(B) 
The exact location, dimensions, name and description of all existing or recorded streets, alleys, reservations, easements, or other public right-of-way within the subdivision, intersecting or contiguous with its boundary or forming such boundary, with accurate dimensions, bearings or deflection angles and radii area, and central angle, degree of curvature[,] tangent distance and length of all curves where appropriate.
(C) 
The exact location, dimensions, description and name of all proposed streets, alleys, drainage, rights-of-way, parks, other public areas, reservations, easements or other right-of-way, blocks, lots and other sites within the subdivision with accurate dimensions, bearings or deflection angles and radii area, and central angles, degree of curvature, tangent distance and length of all curves where appropriate.
(D) 
Owner’s acknowledgment of the dedication to public use of streets, alleys, parks, right-of-ways, easements, and other public places shown on the final plat.
(E) 
A certification by the engineer responsible for the preparation of the final plat and supporting data, attesting to its accuracy and that all survey work around the boundary area as well as within the subdivision shall have an error closure of no more than one foot in five thousand feet (1/5000') or less.
(F) 
All survey monuments shall be shown on the plat. The surveyor (or engineer) shall place permanent monuments at each corner of the boundary survey of the subdivision. These monuments shall be a minimum of one-half inch (1/2") iron rod eighteen inches (18") long. Lot and block corners shall be set prior to the installation of water service connections.
(G) 
All deed restrictions that are to be filed with the plat shall be shown on or filed separately with the plat.
(H) 
Receipt showing that all taxes are paid.
(I) 
All final plats shall be accompanied by two (2) complete sets of construction plans for all street and drainage improvements and water and sanitary sewer improvements.
(J) 
A waiver of claim for damages against the city occasioned by the establishment of grades or the alteration of the surface of any portion of existing streets and alleys to conform to the grades established in the subdivision.
(K) 
The following certification shall be placed on the final plat:
THE CITY COUNCIL ON _____, 20_____ VOTED AFFIRMATIVELY TO ADOPT THIS PLAT AND APPROVE IT FOR FILING OF RECORD.
 
________________________________________
Mayor
Date
(b) 
Processing the final plat and construction plans.
(1) 
Upon receiving six (6) copies of the final plat, construction plans, and the required filing fees, the city secretary will inform the subdivider of the time of the next city council meeting at which the final plat will be considered. Upon receipt, the city secretary will provide for the review of the plat by the appropriate officials, being the mayor, city engineer, water and sewer superintendent, and any other officials deemed appropriate. Two (2) copies of the proposed final plat will be provided to the city engineer for his comments and recommendations. The city engineer will then return one (1) copy to the city with such appropriate comments, if any. Such final plat will also be checked against the requirements of the preliminary plat for compliance. The final plat will then be placed on the agenda for its consideration of approval by the city council.
(2) 
If desired by the subdivider and approved by the city, the final plat may constitute only that portion of the approved preliminary plat which he proposes to record and develop.
(3) 
Within thirty (30) days after the final plat is formally filed, the city council shall approve, disapprove, or conditionally approve with enumerated conditions of such plat. If the final plat is disapproved or conditionally approved, the city shall inform the subdivider in writing of the reasons or of any required revisions. If any such revisions are required for approval, two (2) sets of the revised plat and/or plans will again be submitted to the city for review. Upon final approval by the city council, four (4) complete sets of the plat and construction plans will be submitted to the city for the city’s use in making inspections of the subdivision’s development in order to determine its compliance with all approved requirements.
(c) 
Acceptance and recording plat.
(1) 
After the final plat has been finally approved and the subdivider has constructed all the required improvements and such improvements have been approved, and a maintenance bond filed as hereinafter provided, or after the plat has been finally approved and the subdivider has filed an escrow deposit sufficient to pay for the costs of all improvements as determined by the city in lieu of completing construction, the city council shall upon written consent of the subdivider cause the final plat to be recorded with the county clerk of Hill County. The recordation fee shall be paid by the subdivider.
(2) 
Building permits will only be issued after the copy of the record plat is received from the county clerk and certificates of occupancy of any building will not be issued until it is determined that all of the improvements including streets, drainage, water and sanitary sewer have been constructed according to approved plans and these facilities have been accepted by the city for ownership and maintenance. The city will not accept any street, drainage improvement, water or sewer line for maintenance until an acceptable one (1) year maintenance bond for all of the facilities in said subdivision has been presented to the city.
(d) 
Final plat filing fees.
The schedule of fees and charges as provided for in the fee schedule found in the appendix of this code shall be collected by the city when any final plat is tendered to the city for consideration and approval. Such fees and charges shall accompany the application of the proposed plat and no action of the city council shall be valid until the filing fee has been paid. This fee shall not be refunded to the subdivider should the plat be disapproved.
(2000 Code, art. 9.700)
(a) 
General.
Any land for which a final plat is filed of record or any previously developed land may be classified as a short form subdivision provided:
(1) 
The tract is fully owned by the person desiring to replat;
(2) 
If owned by more than one (1) party, the person desiring to replat must furnish the city with written consent from all property owners;
(3) 
The land in question shall be bounded, by legally dedicated streets, railroads or alleys, or be a part of a plat of record, and shall not exceed three (3) acres;
(4) 
The subdivision or use of the land subdivided shall not require any appreciable alteration or improvement of utility installations, streets, alleys or building setback lines;
(5) 
The tract after replatting shall not be smaller than appropriate zoning of the area.
(b) 
Plan requirements.
If the city finds that the final plat is in an area that meets all engineering standards or the intent of these standards, then no other engineering plans would be required. Any street, drainage, water or sanitary sewer requirements as established by these regulations not met by the existing improvements will be applicable to the short form subdivision.
(c) 
Other utility companies.
Utility companies such as the gas company, electric or telephone company, must provide the city in writing that they have knowledge of the replatting and have no objection. This written acknowledgment must be in the hands of the city prior to approval of the final plat.
(d) 
Procedure.
The procedure for a short form subdivision will be the same as for other subdivisions.
(2000 Code, art. 9.800)
Where any of the area to be resubdivided or replatted was, within the immediate preceding five (5) years, limited by an interim or permanent zoning classification to residential use for not more than two dwelling units per lot, or if any lot in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot, then the following additional procedures shall apply:
(1) 
Notice of the public hearing shall be published at least fifteen (15) days prior to the hearing, in a newspaper of general circulation in Hill County.
(2) 
Written notice of the public hearing shall be mailed to the owners (according to the most recently approved ad valorem tax roll) of all lots that are within the original subdivision and that are within 200 feet of the lots to be replatted, together with a copy of section 212.015(c) in the Local Government Code for the State of Texas.
(3) 
If the proposed replat is protested in accordance with this section, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of the members present of the planning commission and/or city council, as applicable. For a legal protest, written instruments signed by the owners of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the municipal authority responsible for approving the replat, prior to the close of the public hearing. In computing this percentage of land area, the area of streets and alleys shall be included within the adjacent lots.
(4) 
Compliance with subsection (3) above is not required for approval of a replat of part of a preceding plat, if the area to be replatted was designated or reserved for other than single- or two-family residential use, by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat.
(2000 Code, art. 9.900)
Upon completion of all improvements in accordance with city specifications and standards, and their acceptance by the city, the developer or his contractor shall furnish the city with a maintenance bond executed by a corporate surety holding a permit from the State of Texas to act as surety or other surety acceptable to the city. The amount shall equal ten percent (10%) of the contract cost of all improvements and shall be in effect one (1) year from date of completion and acceptance by the city.
(2000 Code, art. 9.1000)
If a proposed subdivision is located beyond the drainage area of an approved sewage collection system or beyond the service area of an approved water distribution system the subdivider shall be required to furnish, with his preliminary plat, satisfactory evidence, including (but without limitation) the results of soil tests and borings, and statements from local and state health authorities, water engineers, and other proper officials, that water satisfactory for human consumption may be obtained from surface or subsurface water sources on the land and/or that soil conditions are such that satisfactory sewage disposal can be provided by the use of approved septic tanks or developer installed sewage treatment systems. Construction of private utilities shall be in accordance with department of state health services standards.
(2000 Code, art. 9.1100)
(a) 
The minimum design standards for subdivisions are intended to establish a quality of construction and environmental design which will reduce maintenance costs to acceptable limits and to provide service that is both adequate and convenient. There may be from time to time situations which will dictate requirements in excess of those given. The city will have final authority in determining when additional requirements are in order.
(b) 
General.
(1) 
Each lot shall front upon a public street.
(2) 
Survey monuments shall be placed at all corners of boundary lines of a subdivision.
(3) 
The city shall specify any areas required for the allocation of parks and other public spaces that are essential to the proper development of the area.
(4) 
All services for utilities shall be made available for each lot in such a manner that it will not be necessary to disturb any curb, gutter, street pavement, or drainage structures when connections are made.
(5) 
The developer shall furnish the city with one (1) set of “as built” plans for all paving, drainage structures, water mains, and sewer mains within sixty (60) days after completion of construction.
(6) 
Block lengths and widths shall be provided at such intervals as to best serve traffic adequately and to meet existing streets, or to comply with customary subdivision practices.
(7) 
All utility lines that pass under a street or alley shall be installed before the street or alley is paved.
(c) 
Streets.
(1) 
Collector streets shall have a right-of-way width of sixty feet (60') and a paving width of thirty-six feet (36'). Minor streets shall have a right-of-way width of fifty feet (50') and a paving width of twenty-seven feet (27'). Paving width is determined from face of curb to face of curb.
(2) 
The minimum acceptable pavement surface shall be 1" hot mix asphaltic concrete for residential minor streets, 2" for collector streets, placed on a 6" rock base or a 5" thick reinforced concrete pavement laid on a 6" lime stabilized subbase.
(3) 
Existing streets in adjoining areas shall be continued, and shall be at least as wide as such existing streets and in alignment therewith.
(4) 
Where adjoining areas are not subdivided, the arrangement of streets in the subdivision shall make provisions for the proper projection of streets into such unsubdivided areas.
(5) 
Street jogs with centerline offsets of less than one hundred twenty-five feet (125') shall be avoided.
(6) 
Half streets shall be prohibited.
(7) 
Street intersections shall be as nearly at right angles as practicable.
(8) 
Dead-end streets shall be prohibited except as short stubs to permit future expansion.
(9) 
Cul-de-sacs shall not exceed four hundred feet (400') in length, and shall have a minimum of right-of-way radius of fifty feet (50').
(10) 
Curbs shall be installed by the subdivider on both sides of all interior streets and on the subdivision side of all streets forming part of the boundary of the subdivision.
(11) 
Names of new streets shall not duplicate or cause confusion with the names of existing streets, unless the new streets are a continuation of or in alignment with existing streets, in which case names of existing streets shall be used.
(12) 
Streetlights shall be installed by the subdivider at all street intersections and at all adjacent intersections.
(13) 
Street name signs shall be installed by the city at the developer’s expense at all intersections within or abutting the subdivision.
(14) 
All street construction shall be in accordance with the manual “Standard Specifications for Public Works Construction” prepared by North Central Texas Council of Governments, and at the developer’s expense.
(d) 
Alleys.
Alleys, when required, shall have a minimum width of fifteen feet (15'). The whole alley shall be paved. Dead-end alleys shall be avoided. Alleys shall be constructed in accordance with the manual “Standard Specifications for Public Works Construction” prepared by North Central Texas Council of Governments.
(e) 
Utility easements.
Easements at least ten feet (10') wide, five feet (5') on each side of the area lot lines or side lines, shall be provided wherever necessary for utilities.
(f) 
Sidewalks.
Sidewalks, when required, shall be concrete and have a width of not less than four feet (4') and thickness of not less than four inches (4"). Sidewalks shall be constructed one foot (1') from the property line within the street right-of-way. Sidewalks shall be constructed in accordance with the manual “Standard Specifications for Public Works Construction” prepared by North Central Texas Council of Governments, and at the developer’s expense.
(g) 
Parking area.
Adequate off-street paved parking areas shall be provided for in accordance with the city’s zoning regulations.
(h) 
Lot markers.
Lot markers shall be one-half inch (1/2") reinforcing bar, twelve inches (12") long, or approved equal, and shall be placed at all lot corners flush with the ground, or countersunk if necessary, in order to avoid being disturbed.
(i) 
Storm drainage.
(1) 
Method of calculation of runoff.
Stormwater runoff shall be computed by the Rational Method which is an analysis of the runoff problem for each drainage area along rational lines and includes the analysis of the flow of stormwater from the surface on which it falls to the inlet that leads to the storm sewer and then through the storm sewer, culvert, and/or channel to the point of disposal. The formula for calculation of runoff by the rational method is Q = CIA.
Q = The maximum rate of runoff discharge expressed as cubic feet per second.
C = A runoff coefficient which varies with the topography land use and moisture content of the soil. The runoff coefficient shall be based on the ultimate use of the land as recommended by the comprehensive plan for the city and shall be selected from below:
Business areas
0.80
Industrial areas
0.75
Residential areas
0.50
Park areas
0.30
I = Rainfall intensity in inches per hour determined from the City of Dallas Weather Bureau rainfall curve by arriving at the time of concentration and a rainfall frequency and then reading the chart accordingly. Time of concentration or duration of rainfall shall be calculated by the data shown in table I.
A = The drainage area, in acres, tributary to the point under design calculated from the drainage map of the area. This drainage map shall be submitted with any drainage plans submitted for consideration by the city.
TABLE I. DATA FOR COMPUTING TIME OF CONCENTRATION
 
Velocity of Runoff in f.p.s. for Slope in Percent
Description of Watercourse
% to 3%
V. in f.p.s.
4% to 7%
V. in f.p.s.
8% to 11%
V. in f.p.s.
Over 12%
V. in f.p.s.
Surface drainage
5
10
15
18
Channels
Determine V by Manning’s Formula
Storm sewers
Determine V by Manning’s Formula
Average velocity of the runoff for calculating time of concentration or duration of rainfall.
These average velocities in this table shall be used unless the designer shows calculation of velocities by streets using the gutter velocities as follows:
% Slope of Gutter
Assumed Velocity - Ft./Sec.
1% or less
2.0
1% to 3%
3.0
3% to 5%
4.3
5% to 8%
5.4
8% to 10%
6.4
Using the average velocities from this table the designer shall calculate the time of concentration by the following formula unless more data is shown on the plans for calculating time of concentration.
T  =  "Inlet Time"  +
D
where
V x 60
T = Time of concentration in minutes for use in determining rainfall intensity (I).
D = Distance in feet from point of concentration to upper end of drainage area under consideration.
V = Velocity in feet per second from this table or velocity calculated by designer by streets and/or storm sewers.
“Inlet Time” = 10 minutes for property zoned for multifamily, business, or industrial and 15 minutes for property zoned for parks, schools, single-family residential and duplex.
(2) 
Streets and underground storm drains shall be designed to accommodate a five (5) year frequency storm with adequate overland relief for the twenty-five (25) year storm. Design of all bridges, culverts, underpasses and open channels are to be based on a twenty-five (25) year frequency;
(3) 
The five-year storm runoff may be carried in the streets at a depth up to the curb height, that is to the full capacity of the street;
(4) 
When the five-year storm runoff exceeds the street capacity then storm drains must be added;
(5) 
When there is no overland relief for a 25-year storm, then the combined street and storm sewer capacity must be adequate to accommodate the 25-year storm;
(6) 
Where the storm sewer leaves the street right-of-way, if there is not an overland swale, then the storm sewer must be enlarged to a 25-year storm design capacity;
(7) 
Sufficient and adequate inlets are to be installed to allow entry of required quantity of water into storm sewers. Inlet openings shall be about seven inches (7") high. Openings shall be as determined on the basis of one (1) linear foot of inlet per cubic foot per second of stormwater to be picked up except at the sag of a street where emergency overflow is provided, 1.5 cubic foot per second per foot of inlet opening will be allowed;
(8) 
Street grades shall be such that excessive soil deposition from too low a water velocity or pavement scouring from too high a velocity is to be avoided as far as practical. Street grades are normally to be not less than six (6) nor more than seventy feet (70') fall per thousand linear feet and shall never be less than four (4) nor more than one hundred feet (100') fall per thousand linear feet;
(9) 
Concrete valley gutters shall be provided to carry the water flow across all intersections;
(10) 
Where water is dumped from a street directly into an open watercourse, it shall be dumped through an approved type of inlet and outlet;
(11) 
An open ditch or natural drainageway through a subdivision may be left in its natural state, but if this is done, a study must be made to determine the limits of the floodplain required to carry the 50-year storm. No permanent structure may be built within the floodplain. Buildings adjacent to the floodplain must have a finish floor elevation two feet (2') minimum above the 50-year water surface. An alternate to that is to provide a concrete-lined channel. The bottom width of channel to be six feet (6') minimum. The height of the lining shall be adequate for the calculated depth of the 25-year storm plus a two-foot (2') freeboard. Walls are to be four-inch (4") concrete walls sloped not steeper than one foot (1') vertically to 1-1/2 feet horizontally. All concrete slabs are to be reinforced with a minimum of 6" x 6" x 10 gauge wire mesh, and provided with proper weep holes or other pressure relief measures;
(12) 
In new subdivisions the developer shall provide all the necessary easement and right-of-way required for drainage structures, including storm sewers and open lined channels. Easement width for storm sewer pipe shall be not less than ten feet (10'), and easement width for open channels shall be at least twenty feet (20') wider than the top of the channel, fifteen feet (15') of which shall be on one side to serve as accessway for maintenance purposes;
(13) 
Construction of all drainage facilities shall be in accordance with the manual “Standard Specifications for Public Works Construction” prepared by North Central Texas Council of Governments and at the developer’s expense.
(j) 
Public water system.
(1) 
All water mains must be in accordance with rules and regulations for public water systems as published by the commission on environmental quality.
(2) 
All water mains shall either be ductile iron or polyvinyl chloride pipe with cast iron outside dimensions and meet the material standards specified in the manual “Standard Specifications for Public Works Construction” prepared by the North Central Council of Governments. Other materials may be permitted, but only upon approval of the city.
(3) 
All water services shall be a minimum of three-quarters inch (3/4") diameter.
(4) 
Water system extensions shall be designed to provide for a domestic supply of at least two hundred fifty (250) gallons per capita per day, delivered at a minimum pressure of forty (40) pounds per square inch.
(5) 
All mains installed within a subdivision must extend to the borders of the subdivision, as required for future extensions of the system, regardless of whether or not such extensions are required for service within the subdivisions.
(6) 
Valves shall be located so that no more than about twelve hundred feet (1200') of a line would be shut down during a water line break. Usually two (2) valves will be required at each tee and three (3) at each cross. A lesser number of valves may be used if proper shut-down control can be provided.
(7) 
Fire hydrants shall be provided at locations such that all areas of development are located within a five hundred foot (500') radius from a fire hydrant and served by a six inch (6") or larger main.
(8) 
No more than thirty (30) three-fourths inch (3/4") service connections shall be served from any four inch (4") main and no four inch (4") main shall exceed fifteen hundred feet (1500') in length between connections to larger mains.
(9) 
Two inch (2") mains shall only be permitted in dead-end locations not subject to future extensions and shall serve no more than six (6) three-fourths inch (3/4") service connections.
(10) 
All water system installations shall be constructed in accordance with the manual “Standard Specifications for Public Works Construction” prepared by North Central Texas Council of Governments and at the developer’s expense.
(11) 
All water system extensions shall be financed in accordance with the policies of the City of Hubbard.
(k) 
Public sewer system.
(1) 
All sanitary sewer extensions shall be designed in accordance with the latest rules and regulations as published by the state commission on environmental quality.
(2) 
All sewers shall be designed with consideration for serving the full drainage are [area] subject to collection by the sewer in question except as modified by the city because of the projected rate of development or the financial feasibility of the proposed extension.
(3) 
In determining the population equivalent for design purposes, undeveloped areas shall be estimated at not less than five (5) persons per acre. The contributing sewage flow shall be estimated on the basis of an average flow of one hundred (100) gallons per person per day plus infiltration of one thousand (1000) gallons per acre per day. The peaking factor for pitfall sewers shall be determined as:
Peaking Factor
=   1   +
14
4 + Vp
p = Population in thousands
(4) 
No sewer lateral shall be smaller than six inches (6") in nominal diameter.
(5) 
All sanitary sewer mains, services, and fittings shall be either polyvinyl chloride (PVC) sewer pipe or vitrified clay pipe and meet the material standards as specified in the manual “Standard Specifications for Public Works Construction” prepared by North Central Texas Council of Governments.
(6) 
All sewers shall be designed with hydraulic slopes sufficient to give mean velocities, when flowing full or half full, of not less than two feet (2') per second nor more than five feet (5') per second based on Kutter’s or Manning’s formulas using an “n” value of 0.013.
(7) 
Sewers shall be designed in straight alignment wherever possible. Where horizontal curvature must be used, the smallest radius shall be one hundred feet (100').
(8) 
Manholes shall be constructed at all changes in grade, alignment, or size of sewer and at all intersections of sewers except service sewers and at the ends of all sewer lines that will be extended. Maximum allowable distance between manholes shall be four hundred feet (400').
(9) 
All lateral and sewer mains installed within a subdivision must extend to the borders of the subdivision, as required for future extensions of the collection system, regardless whether or not such extensions are required for service within the subdivision.
(10) 
All sewer system construction shall be in accordance with the manual “Standard Specifications for Public Works Construction” prepared by North Central Texas Council of Governments at the developer’s expense.
(11) 
In addition, the developer, at his expense, shall be required to extend sewer lines to the city’s main sewer line in accordance with city specifications.
(2000 Code, art. 9.1200; Ordinance adopting Code)
It is hereby adopted that the latest edition of the manual entitled “Standard Specifications for Public Works Construction” prepared by North Central Texas Council of Governments shall govern the construction of all subdivision improvements as well as establishing standards for materials to be used unless otherwise stipulated by the city. A copy of the manual is on file in the office of the city secretary for review.
(2000 Code, art. 9.1300)
Standards and requirements of this article may be modified by the city council in order to encourage a complete and unique residential, business, or industrial development with full consideration for public health, safety, and welfare. A planned unit development may, under unusual circumstances, require no subdivision of land; however, generally if division into lots, drainage easement, utility easement, streets, parks, or other public lands are to be provided, or are required by the city, the requirements of this article for submission of a preliminary plat and a final plat shall be complied with. All planned unit development must be in accordance with the city’s zoning regulations.
(2000 Code, art. 9.1400)
Neither the city nor any authorized agent acting under the terms of this article shall be liable or have any liability by reason of orders issued or work done in compliance with the terms of this article.
(2000 Code, art. 9.1500)
Whenever the standards and specifications in this article conflict with those contained in other provisions and ordinances, the most stringent or restrictive provision shall govern.
(2000 Code, art. 9.1600)
Any person who fails to comply with or violates any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in accordance with the general penalty provisions of this Code of Ordinances, and each and every day of such violation shall be deemed a separate and complete offense. However, this shall not prohibit the city in obtaining a court injunction, if deemed necessary, for violations within the city’s extraterritorial jurisdiction.
(2000 Code, art. 9.1700)