These regulations shall govern every person, firm, association or corporation owning any tract of land within the city limits of the City of Lavon, Texas, who may hereafter divide the same into two (2) or more parts for the purpose of laying out any subdivision of any tract of land or any addition to said city, or for laying out suburban lots or building lots or any lots, streets, alleys, parks or other portions intended for public use or the use of purchasers of lots fronting thereon or adjacent thereto.
(Ordinance 2002-01-03 adopted 1/3/02)
Administrative officers
are every officer referred to by title, i.e., city manager, city attorney, city secretary, city engineer, director of public works, and shall be the person retained in this position by the city or his or her duly authorized representative.
Arterial street or thoroughfare
shall be a principal traffic way more or less continuous across the city or areas adjacent thereto and shall act as a principal connecting street.
Building line
shall be a line beyond which buildings must be set back from the street or road right-of-way line or property line.
City or the city
shall mean City of Lavon, Texas
City council
shall be the duly elected governing body of the City of Lavon, Texas
Commission
shall mean the city planning and zoning commission of the City of Lavon, Texas.
Development,
for the purposes of this article, shall have the meaning set forth by Texas Local Government Code 212.043.
Development plat
shall mean the map, drawings, or chart pursuant to section 212.045 of the Texas Local Government Code, as may be amended, where a plat under chapter 212, subchapter A of the Texas Local Government Code may not be required.
Easement
shall mean an area for restricted use on private property upon which any public utility shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs or other improvements or growths which in any way endanger or interfere with the construction, maintenance or efficiency of its respective systems on any of these easements.
(1) 
Any public utility shall at all times have the right of ingress and egress to and from and upon the said easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining and adding to or removing all or part of its respective systems without the necessity, at any time, of procuring the permission of anyone.
Engineer
shall be the city engineer of the City of Lavon, Texas, the city’s consulting engineers or their duly authorized representatives.
Final plat
shall be any plat of any lot, tract or parcel of land requested to be recorded for record in the deed records of Collin County, Texas.
Lot.
A lot is the smallest physical and undivided tract or portion of land as shown on a duly recorded plat, having frontage on a street.
Master plan
shall be the comprehensive plan of the city and adjoining areas as adopted by the city council and the city planning and zoning commission, including all its revisions and parts. This plan indicates the general location recommended for various land uses, transportation routes, public and private buildings, streets, parks and other public and private developments and improvements.
Plat
shall mean a map or chart of the subdivision. It shall include plan, plat or replat on both singular or plural.
Preliminary plat
shall be any plat of any lot, tract, or parcel of land that is not to be recorded but is only a proposed division of land for review and study by the city.
Private street
is any:
(1) 
Street, drive, throughway, thoroughfare, pavement or non-pavement surface where vehicles may travel that is existing and whose ownership, maintenance and responsibility remains with any current and future landowners and shall include any street returned to the adjoining property owners.
(2) 
Street, drive, throughway, thoroughfare, pavement or non-pavement surface where vehicles may travel that is approved for construction by the City of Lavon and whose ownership, maintenance and responsibility shall remain with any current and future landowners.
Replatting
shall be the resubdivision of any part or all or any block or blocks of a previously platted subdivision, addition, lot or tract.
Resubdivision
shall mean the division of an existing subdivision, together with any changes or [of] lot size therein, or with the relocation of any street lines.
Resubmittal of plans
shall be considered as being the same as any new or original submittal.
Shall
be deemed as mandatory. The word “MAY” shall be deemed as permissive. The word “WILL” shall be deemed as mandatory.
Standard specifications and codes
of the city shall be applied to all improvements constructed within the city and shall be in accordance with all revisions as may be adopted by the City of Lavon, Texas.
Street
means a way for vehicular traffic whether designated a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place or however otherwise designated.
Street width
shall be the shortest distance between the lines which delineate the rights-of-way of a street.
Subdivision
shall mean:
(1) 
the division for [of] a tract or a parcel of land into two (2) or more parts or lots for the purpose, whether immediate or future, of sale or building development or transfer of ownership and shall include resubdivision; or
(2) 
The placing of two or more houses on a single lot; or
(3) 
The placing of one or more additional houses on a lot that has one or more existing houses.
Substandard street
means any street, drive, throughway, thoroughfare, pavement or non-pavement surface, whether public or private, that does not meet the construction standards set forth in this ordinance and for which no variance has been granted.
(Ordinance 2002-01-03 adopted 1/3/02; Ordinance 2022-04-01 adopted 4/5/22; Ordinance 2024-02-02 adopted 2/6/2024)
(a) 
Under the authority of V.T.C.A., Local Government Code, Ch. 212, which provisions are hereby made a part of these regulations, the city council of the City of Lavon, Texas, does hereby adopt the following regulations to hereafter control the subdivision of land within the corporate limits of the City of Lavon in order to provide for the orderly development of the areas and to secure adequate provisions for traffic, light, air, recreation, transportation, water, drainage, sewage and other facilities.
(b) 
As used herein, the term “subdivision” shall mean the division of a tract or parcel of land into two (2) or more lots for the purpose, whether immediate or future, of sale or building or development and shall include resubdivision. “Resubdivision” shall mean any change in the division of any existing subdivision or any change in lot size therein, or the relocation of any street lines.
(c) 
Any owner of land inside the corporate limits of the city and outside the corporate limits of the city and within the extraterritorial jurisdiction of the city wishing to subdivide such land shall submit to the planning and zoning commission a plan of subdivision which shall conform to the rules, regulations, and minimum requirements set forth in this article. All plats, including development plats, within the corporate limits of the city, and outside the corporate limits of the city and within the extraterritorial jurisdiction of the city, shall conform to the rules and regulations of this article.
(d) 
No subdivision plat shall be filed or recorded [and no lot in a subdivision] inside of the corporate limits of the City of Lavon shall be improved or sold until the plat shall have been considered by the planning and zoning commission and approved by the city council.
(The city shall have the authority to prohibit the installation of public utilities in unapproved subdivisions and to prohibit the issuance of building permits for structures on lots in an unapproved subdivision)
(e) 
It shall be unlawful for any owner or agent of any owner to lay out, subdivide or plat any land into lots, blocks and streets within the city or to sell portions of the property therein which has not been laid out, subdivided and platted according to these regulations and the rules of the planning and zoning commission.
(f) 
The city hereby defines its policy to be that the city will withhold improvements of any nature whatsoever, including the maintenance of streets, issuance of building permits or furnishing of sewerage and water service, until the subdivision plat has been approved by the city council. No improvements shall be initiated nor any contracts executed until written approval has been obtained by the subdivider.
(g) 
Adequate public facilities.
(1) 
Purpose and policy.
(A) 
These regulations are designed and intended to assist in achieving the following purposes and shall be administered so as to:
(i) 
Promote the health, safety, morals and general welfare of the community and the safe, orderly and healthful development of the city;
(ii) 
Establish adequate policies and procedures to guide development of the city and its extraterritorial jurisdiction;
(iii) 
Provide for the establishment of minimum specifications for construction and engineering design criteria for public infrastructure improvements to maintain land values, reduce inconveniences to residents of the area, and to reduce related unnecessary costs to the city for correction of inadequate facilities that are designed to serve the public;
(iv) 
Ensure that development of land and subdivisions shall be of such nature, shape and location that utilization will not impair the general welfare;
(v) 
Minimize the risk of the dangers of fires, floods, erosion, landslides, or other such menaces;
(vi) 
Preserve the natural beauty and topography of the city and to ensure appropriate development with regard to these natural features;
(vii) 
Realistically and harmoniously relate new development of adjacent properties;
(viii) 
Provide the most beneficial circulation of traffic throughout the city, having particular regard to the avoidance of congestion in the streets and highways, and pedestrian traffic movements; and to provide for the proper location and width of streets;
(ix) 
Ensure that public facilities for water supply, drainage, disposal of sanitary and industrial waste, and parks are available for every building site and with adequate capacity to serve the proposed subdivision before issuance of a certificate of occupancy or release of utility connections or final inspection within the boundaries of the plat;
(x) 
Assure that new development adequately and fairly participates in the dedication and construction of public infrastructure improvements that are necessitated by or attributable to the development or that provide value or benefit that makes the development feasible;
(xi) 
Help prevent pollution, assure the adequacy of drainage facilities, control stormwater runoff, safeguard the water table, and encourage the wise use and management of natural resources throughout the city and its extraterritorial jurisdiction in order to preserve the integrity, stability, and beauty of the community and the value of the land; and
(xii) 
Provide for open spaces through the most efficient design and layout of the land, while preserving the land use intensity as established in the zoning ordinance of the city.
(B) 
To carry out the purposes hereinabove stated, 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 where applicable, within its extraterritorial jurisdiction.
(C) 
Land must not be platted until proper provision has been made for adequate public facilities for roadways, drainage, water, wastewater, public utilities, capital improvements, parks, recreation facilities, and rights-of-way for streets.
(D) 
Proposed plats or subdivisions which do not conform to the policies and regulations shall be denied, or, in lieu of denial, disapproved conditioned on conformance with conditions.
(E) 
There shall be an essential nexus between the requirement to dedicate rights-of-way and easements and/or to construct public works improvements in connection with a new subdivision and the need to offset the impacts on the city’s public facilities systems created by such new development.
(2) 
Adequate public facilities.
(A) 
Land proposed to be subdivided must be served adequately by essential public facilities and services, including water and wastewater facilities, roadway and pedestrian facilities, drainage facilities and park facilities. An application for a plat or development may be denied unless adequate public facilities necessary to support and serve the development exist or provision has been made for the facilities, whether the facilities are to be located within the property being platted or off site.
(B) 
It is necessary and desirable to provide for dedication of rights-of-way and easements for public works improvements to support new development at the earliest stage of the development process.
(C) 
The city desires to assure both that impacts of new development are mitigated through contributions of rights-of-way, easements and construction of capital improvements, and that a new development be required to contribute not more than its proportionate share of such costs.
(D) 
Proposed public works improvements serving new development shall conform to and be properly related to the public facilities elements of the city’s adopted master plan, the city’s adopted standard construction details, other adopted master plans for public facilities and services, and applicable capital improvements plans, and shall meet the service levels specified in such plans.
(3) 
Minimum standards.
(A) 
The standards established in this division for dedication and construction of public works improvements and infrastructure are based upon engineering studies and historical usages and demands by different categories of development. These regulations identify certain minimum requirements and sizes for utilities, roadways, parks and other facilities that the city council has determined to be necessary in order to provide the minimum level of service necessary to protect or promote the public health, safety, and welfare and to assure maintenance of the quality of life currently enjoyed by the citizens of the city. It is the intent of these regulations that no developments occur until and unless these minimum levels of service are met. Therefore, each subdivision in the city shall be required to dedicate, construct and/or upgrade required facilities and infrastructure to a capacity that meets these minimum levels.
(B) 
For each category of public infrastructure, a minimum standard of infrastructure, and in some cases, service level, has been developed based upon historic studies and construction projects of the city and other cities. These minimum standards take into consideration the soil conditions and topographic configuration of the city, the use and impact analyses of the North Central Texas Council of Governments in developing standard specifications for public works installation, and other historical use and performance experiences of the city that reflect the minimum level of facilities and services that must be built to meet the health, safety and welfare of the citizens of Lavon.
(C) 
In order to maintain prescribed levels of public facilities and services for the health, safety and general welfare of its citizens, the city may require the dedication of easements and rights-of-way for and construction of on-site or off-site public works improvements for water, wastewater, road, drainage or park facilities to serve a proposed subdivision, or require the payment of fees in lieu thereof. If adequate levels of public facilities and services cannot be provided concurrent with the schedule of development proposed, the city may deny the subdivision until the public facilities and services can be provided, or require that the development be phased so that the availability and delivery of facilities and services coincides with the demands for the facilities created by the development.
(D) 
Whenever the city council determines that levels of service in excess of these minimum standards are necessary in order to promote the orderly development of the city, the owner shall qualify for reimbursement for any costs in excess of the minimum levels of service through city participation, to the extent funds are available by a pro rata reimbursement policy or other means adopted by the city.
(4) 
Adequacy of specific facilities.
(A) 
All lots to be platted shall be connected to a public water system which has capacity to provide water for domestic use and emergency purposes, including adequate fire protection.
(B) 
All lots to be platted shall be served by an approved means of wastewater collection and treatment. The city engineer shall be responsible for determining the approved means of wastewater collection and treatment. The city may require the phasing of development and/or improvements in order to maintain adequate wastewater capacity.
(C) 
Proposed roads shall provide a safe, convenient and functional system for vehicular, bicycle and pedestrian circulation and shall be properly related to the applicable thoroughfare plan and any amendments thereto, and shall be appropriate for the particular traffic characteristics of each proposed subdivision or development. New subdivisions shall be supported by a thoroughfare network having adequate capacity, and safe and efficient traffic circulation. Each development shall have adequate access to the thoroughfare network.
(D) 
Drainage improvements serving new development shall be designed to prevent overloading the capacity of the downstream drainage system. The discharge of the new development cannot exceed existing conditions at the time of development. The city may require the phasing of development, the use of control methods such as retention or detention, the construction of off-site drainage improvements, or alternative measures approved by the city engineer in order to mitigate the impacts of the proposed subdivision.
(5) 
Timing of dedication and construction.
(A) 
The city shall require an initial demonstration that a proposed subdivision shall be adequately served by public facilities and services at the time for approval of the first development application that portrays a specific plan of development, including but not limited to a petition for establishing a planned development zoning district, or other overlay zoning district; or a developer’s agreement; or an application for a preliminary or final plat.
(B) 
The obligation to dedicate rights-of-way for or to construct one or more public works improvements to serve a new subdivision may be deferred until approval of a subsequent phase of the subdivision, at the discretion of the city council, upon written request of the property owner, or at the city’s own initiative. As a condition of deferring the obligation, the city may require that the subdivider include provisions in the developer’s agreement, specifying the time for dedication of rights-of-way for or construction of public works improvements serving the subdivision.
(6) 
Extension policies.
All public improvements and required easements shall be extended through the parcel on which new development is proposed. Streets, water lines, wastewater systems, drainage facilities, gas lines, electric lines, telecommunications lines, and cable lines shall be constructed through new development to promote the logical extension of public infrastructure. The city may require the applicant of a subdivision to extend off-site improvements to reach the subdivision or oversize required public facilities to serve anticipated future development as a condition of plat approval.
(h) 
Design and improvement requirements.
(1) 
Generally.
If the submission of a traffic impact analysis and the adequacy determination for roadways and intersections indicates that the proposed subdivision would cause a reduction in the level of service for any roadway or intersection within the study area the proposed subdivision shall be denied unless the subdivider agrees to one of the following conditions:
(A) 
The deferral of building permits until the improvements necessary to upgrade the substandard facilities are constructed;
(B) 
A reduction in the density of [or] intensity of development;
(C) 
The dedication or construction of facilities needed to achieve the level of service required herein; or
(D) 
Any combination of techniques identified herein that would ensure that subdivider [subdivision] will not occur unless the level of service for all roadways and intersections within the traffic impact analysis study are adequate to accommodate the impacts of the subdivision.
(2) 
Street arrangement.
(A) 
Unless otherwise approved by the city council, provisions must be made for the extension of existing dead-end streets within the recorded adjacent subdivision or the adjacent land.
(B) 
Proposed streets must conform to existing topography as nearly as possible, in order that drainage problems may be reduced. Streets should, wherever possible, follow valleys or depressions so as to form a collection system for surface water.
(C) 
Block length or street length: The length of any block or street segment, including a looped street, shall be a maximum of 1,000 feet as measured along the centerline of the street from the intersection centerpoint of one through street to the intersecting centerpoint of another street or to the midpoint of a cul-de-sac. The maximum block length is not applicable to a block that does not include the front of any lot.
(D) 
Block length or street length modification: The following modification can be considered by the city manager or their designee, upon request, and shall result in blocks of no greater than 1,400 feet and shall include mid-block pedestrian access (minimum 15 feet wide with a sidewalk) when they exceed the 1,000-foot standard:
(i) 
Where there is a block along perimeter of a proposed subdivision, which backs to floodplain not utilized for open space or some other unusable area;
(ii) 
Where there is a block along the perimeter of a proposed subdivision, adjacent to a collector or arterial roadway;
(iii) 
Where a unique, topographical, or site-specific feature(s) is or will be present and would result in unreasonable required access; or
(iv) 
Where there is a unique circumstance in the area, the land, or a proposed neighborhood that results in a demonstrated need for a block of up to 1,400 feet.
(3) 
Street design.
(A) 
The subdivider shall ensure that the subdivision is served by streets and thoroughfares adequate to accommodate the vehicular traffic to be generated by the subdivision. All dedicated streets shall conform to the minimum pavement widths and design standards specified by the city.
(B) 
A subdivision shall be supported by a road network having adequate capacity, and safe and efficient traffic circulation. The applicant shall submit a traffic impact analysis to the city engineer, if the property to be subdivided:
(i) 
Consists of 50 or more dwelling units; or
(ii) 
Will generate 500 or more one-way trips per day; or
(iii) 
Involves collector and/or arterial streets not appearing on the city’s thoroughfare plan.
(C) 
The traffic impact analysis shall take into consideration the need to accommodate traffic generated by the subdivision, land to be developed in common ownership and other developed property, and the adequacy of the road network for the subdivision. If the property to be developed is intended as a phase in a larger subdivision, or constitutes a portion of the land to be ultimately developed, the city may require a demonstration of adequacy for additional phases or portions of the property as a condition of approval for the proposed plat. If the applicant submits a traffic impact analysis for an entire phased subdivision, the city may require an update of the study for later phases of the subdivision.
(D) 
A subdivision must be connected to the city’s improved thoroughfare and street system by one or more approach roads of such dimensions and approved to such standards as are hereinafter set forth. Requirements for dedication of right-of-way and improvement of approach roads may be increased depending on the density or intensity of the proposed development, if such need is demonstrated by traffic impact analysis.
(E) 
The subdivision shall be designed to provide adequate emergency access for public safety vehicles.
(F) 
Where a traffic impact analysis demonstrates the need for off-site improvements the subdivider shall make such improvements to off-site collector and arterial streets and intersections as are necessary to mitigate traffic impacts generated by the subdividers.
(4) 
Improvement of adjacent and abutting existing streets and utilities.
In the case of existing adjacent or abutting roads, the city may require that the entire right-of-way be dedicated and/or improved to the city’s design standards, based upon factors including the impact of the proposed subdivision on the road, safety to the traveling public, geometric conflicts, capacity interruptions, condition, structural capability, effects on life expectancy and maintenance requirements of the road, the impact of the proposed subdivision on other roads, the timing of this development in relation to need for improving the road, the impact of the traffic on the road and city’s roadway system as a whole.
(5) 
Adjoining streets and land.
The system of streets designated for the subdivision, except in very unusual cases, must connect with streets already dedicated in adjacent subdivisions; and where no adjacent connections are platted, must in general be the reasonable projection of streets in nearest subdivision tracts, and must be continued to the boundaries of the tracts subdivided, so that other subdivisions may connect therewith.
(6) 
Access to major thoroughfares from subdivisions.
New subdivisions shall be designed so that no residential driveway has direct access to a major thoroughfare unless the planning and zoning commission and city council find that such access is unavoidable due to topographic impediments such as creeks, floodplains or other such natural obstacle. A major thoroughfare is defined as any street with a designated speed limit of 40 miles per hour or higher.
(7) 
Drainage easements.
(A) 
Provisions for drainage must require “EPA - Stormwater” to be clean and clear, by adoption of the North Central Texas Council of Government’s (NCTCOG) “Stormwater Quality - Best Management Practices for Construction Activities - First Edition, Feb., 1993.”
(B) 
It shall be the responsibility of the developer to acquire any necessary off-site drainage easements as required by the city engineer.
(8) 
Storm drainage.
(A) 
The following policy shall govern the installation of all drainage facilities within the corporate limits of the city and its extraterritorial jurisdiction (ETJ) area.
(B) 
Storm sewer systems shall be designed to convey the 100-year design storm. Design shall conform to the city manual for the design of storm drainage systems. An adequate storm drain system, consisting of inlets, pipes and other underground drainage structures with approved outlets, shall be constructed where the runoff of stormwater and the prevention of erosion cannot be accomplished satisfactorily by surface drainage facilities as per city specifications. Where there is a question as to the justification or size of facilities required, doubt will be resolved in favor of additional drainage capacity.
(C) 
All open drainage ditches shall be concrete-lined unless otherwise stated in writing by the city engineer and approved by the city council.
(D) 
The city council may require the developer to construct any storm drainage facility, when in judgment of the city engineer, the facility is needed for the proper and orderly development of the area.
(9) 
Sanitary sewage.
(A) 
All developments within the jurisdiction of the city shall be required to have approved sanitary sewerage facilities and shall be required to connect to the city’s gravity facilities. An on-site sewage facility system cannot be installed when any part of an existing sanitary sewerage facility is practicably accessible.
(B) 
The city shall determine the size of the approach sewer mains required to reach the development to be served by the application of its standard design criteria, including the comprehensive master plan requirements. If the approach main, so determined to be required, is twelve (12) inches or smaller, the full cost of the approach main shall be paid by the developer, regardless of the size required by the development alone. If the size of the approach main, so determined, is greater than twelve (12) inches, the city shall pay the extra cost above a twelve-inch main, if funds are available. In case a single development will require larger than a twelve (12) inch sewer main, the developer will pay the full cost of the line required to serve the property. Where there is a question as to the size of the facilities required, it shall be resolved in favor of additional capacity.
(10) 
Residential driveways.
(A) 
Residential driveways shall provide a minimum 20 feet of space between the garage door of the principal structure and the street or alley right-of-way.
(B) 
The distance between residential driveway approaches in front of houses shall be a minimum of 20 feet as measured along the back of curb or edge of pavement.
(i) 
Building permits.
Prior to commencing development, the land upon which such building or structure is located shall be platted in accordance with the provisions of this chapter.
(Ordinance 2002-01-03 adopted 1/3/02; Ordinance 2017-09-02 adopted 9/5/17; Ordinance 2021-08-05 adopted 8/3/21; Ordinance 2022-04-01 adopted 4/5/22; Ordinance 2023-02-02 adopted 2/7/2023; Ordinance 2025-02-03 adopted 2/4/2025; Ordinance 2025-06-05 adopted 6/10/2025)
(a) 
Pre-Application Conference.
Prior to the filing of a preliminary plat, the subdivider shall consult with the city staff or the staff’s duly authorized representative concerning the ultimate land-use of the proposed development, the suitability of the location of the proposed subdivision, the most advantageous subdivision plan, the arrangement of streets, alleys and lots and the layout of utility lines and availability of service from trunk mains. A written record of the meeting shall be kept by the city and a copy provided to the developer.
(b) 
Application Procedure
(1) 
All property not subdivided into lots, blocks and streets or property to be subdivided with [within] the city or within its jurisdiction shall hereafter be laid out under the direction of the planning and zoning commission and subject to the approval of the city council and no other subdivision will be recognized by the city. Prior to the consideration of the plats by the planning and zoning commission, the city staff shall check the plats and make recommendations.
(2) 
At such time the preliminary plat is filed with the city for review and approval, it will be immediately passed to the city engineer who will make a preliminary study of the plat. If it appears substantially complete, the city engineer will make a visit to the area to determine if there are apparent insurmountable problems with development of subject land.
If the city engineer determines that the preliminary plat as submitted is substantially incomplete and requires a significant amount of work by the developer’s engineer, the incomplete plat will be immediately returned to the developer’s engineer, requesting that it be completed before resubmission. The developer, upon resubmittal, shall return all original sheets marked by the city engineer in this review.
(3) 
It shall be unlawful for any owner or agent of any owner to lay out, subdivide or plat any land into lots, blocks and streets within the city or to sell portions of the property therein which has not been laid out, subdivided and platted according to these regulations and the rules of the planning and zoning commission.
(4) 
The city hereby defines its policy to be that the city will withhold improvements of any nature whatsoever, including the maintenance of streets, issuance of building permits or furnishing of sewerage and water service, until the subdivision plat has been approved by the city council. No improvements shall be initiated nor any contracts executed until written approval has been obtained by the subdivider.
(5) 
[Reserved]
(6) 
Any owner or developer of any lot, tract or parcel of land located within the corporate limits of the city who may wish to erect a subdivision of such land shall conform to the general procedure described as follows:
(A) 
The subdivider shall prepare and submit a preliminary plat to the city planning and zoning commission for its study and recommendations to the developer. The preliminary plat shall show the entire subdivision and the various phases by which the subdivision will be developed and that lots may be sold within the phase to be developed upon approval of the final plat of that phase by the city council. The preliminary plat shall then be submitted to the city council for final action. The planning and zoning commission and city council shall act on the preliminary plat within thirty (30) days from the date such plat was filed with each body for their approval.
(B) 
After approval of the preliminary plat by the city council, the subdivider may then prepare a final plat of all or a portion of the land included in the preliminary plat for submission to and consideration by the planning and zoning commission for final recommendations.
(C) 
Upon final action on any such final plat by the city planning and zoning commission, the same shall be referred to the city council and the city council shall, at its next succeeding meeting, consider such final plat for approval. Upon approval action of the city council in the affirmative, the mayor is authorized to sign the signature block “approved for construction.” At this time, the developer may pay his or her required developmental inspection fees as set out in the City of Lavon Fee Schedule Ordinance and begin construction of the public facilities to be dedicated to the City of Lavon, upon completion and certification of acceptable construction by the city staff. These construction areas include, but are not limited to, public streets, alleys, water lines, sewer lines, storm drainage lines, channels and all associated construction relative to the above and intended to be dedicated. The city council’s vote that the final plat as presented is approved for construction is the developer’s assurance that no changes will be required from the approved final plat.
(D) 
As construction of the required public dedicated facilities continues, inspections will be made during the progress of all items intended for dedication to the city. Upon completion of the “intended for dedicated improvements,” the developer shall apply to the city council for final acceptance of the plat and the dedications and easements for construction. The city staff shall certify in writing to the city council that all public improvements have been completed in accordance with the requirements of the City of Lavon. This procedure will be followed for an entire development unless phased development has been indicated and approved in the earlier steps in which case, this step will be repeated for each phase.
(E) 
Upon final acceptance of such plat and public properties; and certification that all public improvements meet the town’s requirements, the city council may accept and sign the final plat document.
(F) 
Following the completion and acceptance of the public works facilities and the filing of the final plat, with Collin County, Texas, the issuance of building permits may begin. Building permits may only be issued on a completed development or within a completed phase when phase development was originally proposed, passed and approved.
(c) 
Preliminary Plat.
An application in writing for the approval of the preliminary plat, together with three (3) prints, shall be filed with the city secretary at least fifteen (15) consecutive calendar days before the meeting of the planning and zoning commission if the plat is to be considered at such meeting. No plat will be considered by the city until the prescribed filing fees have been paid.
The preliminary plat sheet shall not be greater than twenty-four inches (24") by thirty-six inches (36"). Two (2) or more sheets may be used providing self-explanatory matching lines are used to connect the subdivision parts.
The developers shall submit with the preliminary plat a copy of the boundary traverse calculations of the subdivision. The error of closure of the boundary shall not be greater than one in ten thousand (1:10,000).
The plat shall be drawn to a scale not to exceed one hundred feet to the inch (1" = 100'). A graphic scale shall be provided and all figures and lettering shall be of such a size that if reduced the information is readable and distinct. The information to be included and the procedure for submittals are as follows:
(1) 
Existing Features
(A) 
The boundary line (accurate in scale and orientation) of the tract to be subdivided.
(B) 
The locations, widths and names of all existing or platted streets or other public ways within and adjacent to the tract, existing permanent buildings, rights-of-ways and other important features, such as abstract lines, political subdivision or corporation lines and school district boundaries.
(C) 
Existing sewer mains, water mains, drainage culverts or other underground structures within the tract and immediately adjacent thereto with pipe size, grades and locations indicated.
(D) 
Contours with intervals of two feet (2') or less, referred to mean sea level datum, by actual field survey.
(E) 
The names of adjacent subdivisions and/or the names of record owners of adjoining parcels of unsubdivided land.
(2) 
New Features
(A) 
The proposed name of the subdivision
(B) 
North point, scale, date and approximate acreage of the proposed subdivision
(C) 
The names and addresses of the subdivider and the engineer, surveyor or planner
(D) 
The tract designation and other description according to the real estate records of the city or county auditor and recorder; also, designation of the proposed uses of land within the subdivision.
(E) 
All parcels of land intended to be dedicated for public use or reserved in the deeds for the use of all property owners in the proposed subdivision, together with the purpose of conditions or limitation of such reservations.
(F) 
The layout, names and widths of proposed streets, alleys and easements.
(G) 
The layout, numbers, and approximate dimensions of proposed lots, blocks, parks, etc.
(H) 
Provision for the connection of streets with other streets adjacent to the subdivision and for extension of streets to undeveloped property.
(3) 
Utilities.
A plan of the proposed water and sanitary sewer mains and proposed drainage facilities, including drainage areas, location of lines, inlets, culverts, bridges, provisions for discharging onto and crossing adjacent properties and calculated runoff and points of concentration.
(4) 
Location Map.
A location map of the proposed subdivision on a scale of one inch to one thousand feet (1" = 1,000') showing existing and proposed streets and thoroughfares covering an area at least one-half mile (1/2) outside the proposed subdivision.
(5) 
Cross-Sections.
Typical cross-sections of proposed streets showing the width of pavement, type of pavement and location and width of sidewalks, at least minimum of every fifty (50') feet to extend to right-of-way line or as determined by city engineer.
(6) 
Approval Block.
The following notice shall be placed on the face of each preliminary plat by the subdivider:
“Preliminary Plat for Review Purposes Only”
The following certificate shall be placed on the preliminary plat by the subdivider:
Recommended for Approval:
_______________________________
Date: __________
Chairman, Planning and Zoning Commission
Approved for preparation of Final Plat:
_______________________________
Date: __________
Mayor, City of Lavon, Texas
(7) 
Submission.
The planning and zoning commission shall be furnished with three (3) prints of the preliminary plat along with a letter of transmittal stating briefly the type of streets, drainage facilities, sanitary facilities and water system at least fifteen (15) days before the meeting date of the planning and zoning commission.
(8) 
Approval.
The approval of the preliminary plat by the city council shall be effective for a period of one hundred eighty (180) days after the approval date, unless reviewed by the city council in the light of new or significant information, which would necessitate the revision of the preliminary plat, such revision being subject to the same procedures as the original preliminary plat.
If a final plat for the subdivision, or a portion thereof has not been submitted, or if a change in requirements has not occurred which would affect the preliminary plat, at the end of the one hundred eight [eighty] (180) days after approval, then the city council will declare the preliminary plat null and void, unless the subdivider has, in writing, requested and received an extension of time.
(d) 
Final Plat.
After approval of the preliminary plat by the planning and zoning commission and city council, a final plat, prepared by a registered public surveyor bearing his or her seal and the construction plans prepared by a registered professional civil engineer bearing his or her seal, shall be submitted to the planning and zoning commission.
Six (6) direct prints and three (3) mylar prints shall be filed with the city secretary at least fifteen (15) consecutive calendar days prior to the meeting of the planning and zoning commission at which action is requested. planning and zoning commission and the city council shall act on the final plat within thirty (30) days from the date such plat was filed with each body for their approval. No plat will be considered by the city as being filed until the prescribed filing fees have been paid. The final plat may constitute all or only a portion of the approved preliminary plat, but any portion thereof shall conform to all the requirements of these regulations.
If final plats are submitted for approval for portions of sections of the proposed subdivision, each portion of section shall carry the name of the entire subdivision but shall bear a distinguishing letter, number, or subtitle.
The planning and zoning commission will either recommend approval or disapproval of the final plat and forward it to the city council. Any action taken by the city council shall be final, regardless of the previous action by the planning and zoning commission.
The final plat shall be officially approved and dedications accepted by the city council when all fees and expenses incurred have been paid and when all requisites of the subdivision have been met. One (1) of the final plats on reproducible material shall be drawn on sheets measuring seventeen and one-half inches by twenty-three and three-quarters inches (17-1/2" x 23-3/4"). Two (2) or more sheets may be used providing self-explanatory matching lines are used to connect the subdivision parts. A graphical scale shall be provided and all figures and lettering shall be of such a size that if reduced the information is readable and distinct.
A final plat shall show or be accompanied by the following information:
(1) 
The boundary lines with accurate distances and bearings, a metes and bounds description of the boundary (error of closure shall not exceed one (1) in ten thousand (10,000)), exact acreage, and the exact location and width of all existing or recorded streets intersecting the boundary of the tract. One (1) copy of the traverse closure sheet shall be enclosed.
(2) 
True bearings and distances to the nearest established street lines, official monuments or subdivision corner, which shall be accurately described on the plat. Municipal, township, county or abstract lines shall be accurately tied to the lines of the subdivision by distances and bearings.
(3) 
An accurate location of the subdivision in reference to the deed records of the county which shall include the volume and page of the deed of the property to be subdivided.
(4) 
The exact layout including:
(A) 
Street and/or alley names
(B) 
The length of all arcs, radii, internal angles and points of curvature, length and bearing of the tangents.
(C) 
All easements for right-of-way provided for public services or utilities and any limitations of the easements; and
(D) 
All lot numbers and lines, with accurate dimensions in feet and hundredths and with bearings and angles to street and alley lines to the nearest second.
(5) 
The accurate location, material and approximate size of all monuments
(6) 
The accurate outline description of all property that may be offered for dedication for public use such as parks, etc., with the purpose indicated thereon, and all property that may be reserved by deed covenant for the common use of the property owners in the subdivision.
(7) 
[Reserved]
(8) 
Private restrictions
(9) 
Name of the proposed subdivision
(10) 
Name and address of the subdivider
(11) 
North point, scale and date
(12) 
A certification shall be made on the plat by a registered land surveyor and the plans by a registered professional civil engineer, and both be registered in the state, to the effect that the plat or plans represents a survey made by him or her or under his or her direct supervision and that all monuments shown thereon actually exist, and that their location size and material are correctly shown.
(13) 
A certificate of ownership and dedication of all streets, alleys, parks, and playgrounds to public use forever, signed and acknowledged before a notary public, by the owner and lienholder of the land and a complete and accurate description of the land subdivided and the streets dedicated.
(14) 
The following certificate shall be placed on the plat, in a manner that will allow the filling in of the certificate by the proper party.
Recommended for Approval:
____________________________
Date: _______________
Chairman, Planning and Zoning Commission
City of Lavon, Texas
Approved for Construction:
____________________________
Date: _______________
Mayor, City of Lavon, Texas
Accepted:
____________________________
Date: _______________
Mayor, City of Lavon, Texas
The undersigned, the city secretary of the City of Lavon, Texas, hereby certifies that the foregoing final plat of the __________ subdivision or addition to the City of Lavon was submitted to the city council on the __________ day of __________, 20_____ and the council, by formal action, then and there accepted the dedication of streets, alleys, parks, easements, public places and water and sewer lines as shown and set forth in and upon said plat and said council further authorized the mayor to note the acceptance thereof by signing his or her name as hereinabove subscribed.
Witness my hand this _____ day of __________, AD, 20_____.
____________________________
City Secretary, City of Lavon, Texas
(15) 
Certificate showing that all taxes and fees have been paid on the tract to be subdivided.
(16) 
Construction Plans
(A) 
Six (6) sets of plans and specifications for water, sanitary sewer, paving and drainage improvements prepared by a registered professional civil engineer, shall be approved and retained by the city prior to any construction in the subdivision.
(B) 
Construction plans and profiles shall be drawn on sheets measuring twenty-four inches by thirty-six inches (24" x 36").
(C) 
A plan and profile of each street with top of curb grades shown. Each sheet shall include north point, scale, date and benchmark description to mean sea level datum. Unless otherwise approved by the city, scales shall be one inch equals twenty feet (1" = 20') horizontally and one inch equals five feet (1" = 5') vertically. Each plan shall show the seal and signature of the registered professional civil engineer who prepared the plans.
(D) 
The cross-section of proposed streets showing the width of roadways, type of pavement, location and width of sidewalk and various slopes of earthwork, sidewalks and drives.
(E) 
A plan and profile of proposed sanitary sewer with grades and pipe sizes indicated and showing locations, manholes, clean-outs, etc., and a plan, and if required, a profile of the proposed water distribution system showing pipe sizes and location of valves, fire hydrants, fittings, etc. Unless otherwise approved by the city, scales shall be one inch equals one hundred feet (1" = 100') horizontally and one inch equals five feet (1" = 5') vertically. Each shall show the seal and signature of the registered professional civil engineer who prepared the plans. Each sheet shall include north point, scale, date and benchmark description to the mean sea level datum.
(F) 
A plan and profile of the proposed storm sewers, showing hydraulic data and gradients, pipe grades and sizes, manholes, inlets, pipe connections, outlet structures, stormwater detention, etc. Scale shall be the same as stated in (5). Each [Such] plans shall show the seal and signature of the registered professional civil engineer who prepared the plans. Each sheet shall include north point, scale, date and benchmark description to mean sea level datum.
The approval of construction drawings by the city council shall be effective for a period of two (2) years after the approval date, unless the subdivider has requested in writing and received an extension of time. Construction drawings which have expired shall be resubmitted to the city for approval before any construction is begun. The design of the proposed improvements shall be based on the construction requirements which are in effect at the time of resubmittal.
(17) 
The final plat shall be recorded by the city secretary in the office of the county clerk of the county within thirty (30) days from and after the date of final acceptance by the city council; the subdivider shall, however, pay to the city in advance, the required fees for filing of such plat with the county clerk.
(18) 
Payment of inspection fees for inspecting the public works construction during the construction phase shall be due at the time the city council passes the “approved for construction” paragraph. Said fee is set by the city of Lavon’s fee ordinances and should be referred to for the amount and method of calculation. In no case shall any work begin on any development until said fee is received by the city.
(e) 
Combination preliminary and final plat.
(1) 
A subdivider may submit a short form plat by combining preliminary and final plats if the city determines that the proposed subdivision of land falls within the following criteria:
(A) 
Shall not exceed five (5) acres;
(B) 
Affects no more than three (3) lots;
(C) 
Has frontage upon dedicated and improved streets;
(D) 
Does not necessitate any appreciable alteration or extension of utility installations or streets;
(E) 
Conforms in use, size, and shape to the lots in the vicinity;
(F) 
The proposed subdivision and supporting documents are not otherwise in contravention with chapter 212 of the Texas Local Government Code; and
(G) 
The owner of the property to be subdivided does not have more than one (1) plat approved under this subdivision ordinance during any twelve (12) month period.
(2) 
All design, engineering, improvements, submission documents and drawing information standards applicable to final plats shall be applicable to this short form plat.
(3) 
The short form plat shall be submitted for approval in accordance with the procedure established for a final plat approval.
(f) 
Development plat.
The purpose of the development plat is to assure the adequacy of public facilities needed to serve the intended development and the overall compliance of such development with applicable requirements of these subdivision regulations where the land to be developed is not intended to be subdivided. A development plat is required where the development of a tract of land does not otherwise require a plat in this article, and shall be submitted for approval and processed in accordance with the procedures established for final plat approval, and include any information required to accompany a final plat. A development plat must be prepared by a registered professional land surveyor, and comply with the requirements of Local Government Code section 212.045. New development may not begin, and building permits will not be issued, on property requiring a development plat until the development plat is filed with and approved by the city.
(g) 
Replats
(a) 
Any person who wishes to revise a subdivision plat which has been previously filed for record must make an application of the proposed revised plat to the city council. The replat of the subdivision shall meet all the requirements for a subdivision that may be pertinent. However, if the subdivision as replatted does not require any appreciable alteration or improvement of utility installations, street[s], alleys, building setback lines, etc., then no engineering plans or preliminary plat will be required.
(h) 
Final warranty inspection procedure.
Not later than thirty (30) days prior to the end of a given warranty period for any publicly dedicated facilities which have been required by this chapter to be installed within a subdivision and subsequently dedicated and accepted by the city, the city shall inspect those facilities and call for any necessary repairs prior to the termination of the warranty period. The results of this inspection shall be kept by the city as a written record for a period not less than five (5) years. The results of this inspection, any repairs noted and the subsequent action of the developer or contractor concerned shall be part of this record. Copies of this documentation will be delivered to the developer and/or contractor concerned. This notification and inspection procedure shall extend the warranty period until all specified repairs and inspections are completed.
(Ordinance 2002-01-03 adopted 1/3/02; Ordinance 2022-02-06 adopted 2/1/22; Ordinance 2022-04-01 adopted 4/5/22; Ordinance 2024-02-02 adopted 2/6/2024)
All requirements pertaining to lot size, yard size, dwelling size, lot coverage, height, parking, loading and screening contained in the current zoning ordinance of the city shall be adhered to for development under this chapter.
(1) 
Streets.
The arrangement, character, extent, width, grade and location of all proposed streets shall conform to the general plan of the community and their relationship shall be considered to that of the existing and planned streets, to topographical conditions, to public convenience and safety and in their appropriate relation to the proposed use of the land to be served by such streets. All streets shall be constructed with concrete including curb and gutter in accordance with the North Central Texas Council of Governments Standard Specifications for Public Works Construction.
(2) 
Lots.
All lots shall conform to the regulations as set forth in the city zoning ordinance. All main buildings shall front a street; no flag lots are to be acceptable.
(3) 
Easements.
Utility and drainage easements shall be provided for and shall be at least fifteen feet (15') from back of curb.
(4) 
Survey Monuments and Lot Markers
(A) 
Permanent Survey Reference Monuments.
A concrete monument, six inches (6") in diameter and twenty-four inches (24") long, shall be placed at all boundary corners, block corner[s], curve points and angle points. A iron pin one-fourth inch (1/4") in diameter embedded at least three inches (3") in the monument shall be placed at the exact boundary point. The monuments shall be set at such an elevation that they will not be disturbed during construction and the top of the monument shall be not less than twelve inches (12") below the finished grade of the development.
(B) 
Lot Markers.
Lot markers shall be one-half inch (1/2") diameter, reinforcing bar, eighteen (18) inches long or approved equal and shall be placed vertically at all lot corners flush with the ground or below ground if necessary in order to avoid being disturbed.
(5) 
Sidewalks.
Concrete sidewalks shall have a width of not less than five feet (5') and a thickness of not less than four inches (4") and shall be constructed of two thousand five hundred (2,500) p.s.i. concrete on both sides of all streets and thoroughfares within the subdivision. Sidewalks shall be constructed one foot (1') from the property line within the street or thoroughfare right-of-way and shall extend along the street frontage including the side of corner lots and block ends.
All concrete for sidewalks shall be placed on two inch (2") sand cushion and shall be reinforced with a minimum 6 x 6 No. 10 gauge welded wire fabric.
Longitudinal slope of sidewalks shall be that of the curb adjacent to the sidewalk. The transverse slope of the sidewalk shall be one-fourth inch (1/4") per foot starting at the back of the curb.
(Ordinance 2002-01-03 adopted 1/3/02; Ordinance 2020-11-02 adopted 11/3/20)
Prior to the acceptance of the subdivision and within thirty (30) days of the completion of the subdivision, the engineer for the developer shall submit to the city a complete set of reproducible construction drawings twenty-four by thirty-six inches (24" x 36") of the paving, drainage, water and sanitary sewer improvements with all changes made in the plans during construction and containing on each sheet and [an] “As Built” stamp bearing the signature of the engineer and the date.
Within ten (10) days of the receipt of the “record drawings,” the city engineer shall make a recommendation for acceptance or non-acceptance of the subdivision to the city council and a determination of review cost and the receipt of the required maintenance bond.
No final acceptance of the subdivision will be made by the city council until these requirements have been made to the satisfaction of the city.
(Ordinance 2002-01-03 adopted 1/3/02)
(a) 
Fees Required to be Paid Before Action can be taken.
A subdivider and/or developer is hereby required to pay the current fees, as established by the city council through a separate ordinance, when any plat is tendered to the city secretary for consideration by the planning and zoning commission. Each of the required fees and charges shall be paid in advance and no action by the planning and zoning commission, or any official or employee of the city shall be valid until the fee or fees shall have been paid to the city official designated to receive said fee or fees.
(b) 
Fees are Nonrefundable.
The fee shall be charged on all plats regardless of the action taken by the planning and zoning commission and whether or not the city council approves or disapproves the plat.
(c) 
Development Inspection fee.
Before commencing construction, the developer shall pay a development inspection fee as specified by the city’s fee ordinances. No construction or development work may commence until such fee has been paid in full for the entire development or for the phase which is under construction. This fee is paid to cover the cost of inspections made during the construction of the public works facilities which are anticipated to be dedicated to the City of Lavon upon completion and final acceptance. Such fee does not cover any of the cost associated with the testing or laboratory work which may be required of the developer in order to establish that such construction does meet city specifications.
(Ordinance 2002-01-03 adopted 1/3/02)
(a) 
Warranty bond.
Upon completion of all improvements in accordance with the city’s specifications and standards, and their acceptance by the city, the developer or his or her contractor shall furnish the city with a maintenance warranty bond executed by a corporate surety holding a license from the state to act as surety or provide a cash escrow, an irrevocable letter of credit or other form acceptable to the city. The form of the bond shall be approved by the city attorney. The bond amount shall equal one hundred percent (100%) of the construction cost of all improvements and shall be in effect for two (2) years from the date of completion and acceptance by the city. The form of such bond shall be substantially as provided for in the following form.
MAINTENANCE BOND
STATE OF TEXAS
§
 
§
COUNTY OF COLLIN
§
KNOW ALL MEN BY THESE PRESENTS: THAT __________whose address is __________, hereinafter called “Principal”, and __________, a corporation organized under the laws of the State of __________and authorized to do business in the State of Texas, hereinafter called “Surety”, are jointly and severally held and firmly bound unto the CITY OF LAVON, TEXAS, a home rule municipality located in Collin County, Texas, hereinafter called “Beneficiary”, in the amount of__________DOLLARS and __________CENTS ($__________), in lawful money of the United States, the sum of which equals one hundred percent (100%) of the construction cost of all improvements to the project described below, to be paid in Lavon, Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors and assigns, jointly and severally; and firmly by these presents. This bond shall automatically be increased by the amount of any change order or supplemental agreement which increases the Contract price, but in no event shall a change order or supplemental agreement which reduces the Contract price decrease the penal sum of this Bond.
WHEREAS, Principal entered into a certain written Contract with the Beneficiary, dated the __________day of __________, _____ A.D. which is made a part hereof by reference, to furnish all materials, equipment, labor, supervision, and other accessories necessary for:
___________________________________
INSERT NAME OF PROJECT
in the City of Lavon, Texas, as more particularly described and designated in the above-referenced contract such contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for word.
NOW, THEREFORE, if Principal will maintain and keep in good repair the work herein contracted to be done and performed for a period of two (2) years from the date of final acceptance and do and perform all necessary work and repair any defective condition, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work or labor performed by Principal; then this obligation shall be void, otherwise it shall remain in full force and effect; and in case Principal shall fail to do so it is agreed that the city may do such work and supply such materials and charge the same against Principal and Surety on this obligation.
PROVIDED, FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Collin County, Texas.
PROVIDED FURTHER, that Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work performed thereunder, or the plans, specifications, drawings, etc. accompanying same shall in any way affect its obligation on this Bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder.
The undersigned and designated agent is hereby designated by Surety as the resident agent in Grayson County to whom all requisite notice may be delivered and on whom service of process may be had in matters arising out of this suretyship.
IN WITNESS WHEREOF, this instrument is executed on this the __________day of __________,_____.
 
PRINCIPAL: ________________
 
BY: ________________________
Name
ATTEST:__________
TITLE:_____________________
 
SURETY: ___________________
 
BY: ________________________
Name
ATTEST:__________
TITLE: ____________________
The Resident Agent of the Surety in Collin County, Texas, for delivery of notice and service of the process is:
NAME: _________________________________
STREET ADDRESS:_______________________
CITY, STATE, ZIP:________________________
NOTE: Date on Page 1 of Maintenance Bond must be same date that City Council awarded Contract. Date on Page 2 of Maintenance Bond must be after date of Contract. If Resident Agent is not a corporation, give a person’s name.
(b) 
The subdivider or developer shall furnish a labor and materials payment bond equal to fifty percent (50%) of the cost of the public improvements to be supplied prior to approved for construction stage process.
(c) 
Proof of liability insurance to cover any and all accidents that are attributable to the construction activity both on-site and off-site, to be supplied prior to approved for construction stage process.
(Ordinance 2002-01-03 adopted 1/3/02; Ordinance 2017-05-01 adopted 5/2/17; Ordinance 2023-02-02 adopted 2/7/2023)
Any person, firm or corporation who shall violate any of the provisions of this subdivision ordinance or who shall fail to comply with any provision hereof shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine and each day that such violation continues shall constitute a separate offense and shall be punishable accordingly.
(Ordinance 2002-01-03 adopted 1/3/02)
(a) 
The city council may authorize a waiver from these subdivision regulations when, in its sole opinion, an unnecessary hardship will result from requiring strict compliance, or where the purposes of these regulations may be served by an alternative proposal. Pecuniary hardship to the subdivider, standing alone, shall not meet the standards for a waiver.
(b) 
In granting a waiver, the city council may prescribe conditions that it deems necessary or desirable to protect the public interest. 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, and the probable effect of such waiver upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. Additionally, no waiver shall be granted unless the council finds that all of the following criteria exist:
(1) 
That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this subdivision ordinance would deprive the applicant of the reasonable use of the land; and
(2) 
That strict application of the provisions of this subdivision ordinance requested to be waived is not necessary to promote the public health, safety, and welfare; and
(3) 
That the granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this subdivision ordinance, and will not otherwise be injurious to other property owners in the vicinity; and
(4) 
That the granting of the waiver will be in harmony with the general purpose, intent, and spirit of this subdivision ordinance, and not conflict with provisions of the city's zoning ordinance, comprehensive plan, or other regulations of the city.
(c) 
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 city council meeting at which such waiver is granted.
(d) 
A petition for a waiver shall be submitted in writing to the city manager or their designee before the plat is submitted for consideration. The petition shall fully state the grounds for the waiver application, and all of the facts relied upon by the applicant. The applicant shall submit all the specific facts and pertinent data upon which a waiver has been requested at least three (3) weeks prior to the first requested meeting date. All waivers shall be considered by the planning and zoning commission for recommendation of approval, approval with conditions, or denial. All waivers shall have final approval, approval with conditions, or disapproval by the city council.
(Ordinance 2023-10-04 adopted 10/17/2023)