[1]
Editor’s note–This article consists of the subdivision
ordinance of the city, adopted by Ordinance 2002-01-03 adopted January
3, 2002, as amended. Style, capitalization, punctuation and numbering
of sections and subsections 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. Subsequent amendments will be
inserted in their proper place and denoted by a history note following
the amended section. Obviously misspelled words have been corrected
without notation. Any other material added for purposes of clarification
is enclosed in brackets.
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)
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.
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.
shall be a line beyond which buildings must be set back from
the street or road right-of-way line or property line.
shall mean City of Lavon, Texas
shall be the duly elected governing body of the City of Lavon,
Texas
shall mean the city planning and zoning commission of the
City of Lavon, Texas.
for the purposes of this article, shall have the meaning
set forth by Texas Local Government Code 212.043.
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.
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.
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.
shall be the city engineer of the City of Lavon, Texas, the
city’s consulting engineers or their duly authorized representatives.
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.
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.
shall mean a map or chart of the subdivision. It shall include
plan, plat or replat on both singular or plural.
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.
is any:
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.
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.
shall be the resubdivision of any part or all or any block
or blocks of a previously platted subdivision, addition, lot or tract.
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.
shall be considered as being the same as any new or original
submittal.
be deemed as mandatory. The word “MAY” shall
be deemed as permissive. The word “WILL” shall be deemed
as mandatory.
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.
means a way for vehicular traffic whether designated a street,
highway, thoroughfare, parkway, throughway, road, avenue, boulevard,
land, place or however otherwise designated.
shall be the shortest distance between the lines which delineate
the rights-of-way of a street.
shall mean:
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
The placing of two or more houses on a single lot; or
The placing of one or more additional houses on a lot that has
one or more existing houses.
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)
(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 750 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.
(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:
(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.
(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)
(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, setback lines 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)
Building setback lines
(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)
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)
The following definitions apply to the provisions of this division:
The city authority responsible for approving plats, and includes
the term “planning and zoning commission,” where the city
has combined the functions of a zoning commission and a planning commission
pursuant to Texas Local Government Code section 211.007.
A preliminary plat, general plan (including a master plan
or plat), final plat, and replat.
A request for approval of a plat or subdivision plan required
to initiate the division or development of land pursuant to Texas
Local Government Code chapter 212, subchapters A or B.
A subdivision development plan, subdivision plan, subdivision
construction plan, land development application, site development
plan or site plan required for approval of a plat, which is authorized
under Texas Local Government Code chapter 212, subchapters A or B.
A subdivision plan excludes a zoning plan.
Ordinance 2002-01-03, as amended, prior to the effective
date of this division.
A concept plan, site plan or similar document required to
determine compliance with land use regulations which are authorized
under Texas Local Government Code, chapter 211.
(Ordinance 2019-08-05 adopted 8/20/19)
(a)
This
division applies to the procedures for approval of plats and subdivision
plans for the division or development of property pursuant to Texas
Local Government Code chapter 212, subchapters A or B.
(b)
This
division does not apply to the procedures for approval of zoning plans
or plans required to accompany applications for building permits.
(c)
This
division does not apply to any plat or subdivision plan filed before
September 1, 2019.
(Ordinance 2019-08-05 adopted 8/20/19)
Notwithstanding any other provision of the subdivision ordinance
to the contrary, the stages of plat approval shall be as follows:
(1)
Except
for minor plats, replats and amending plats, all applications for
plat approval shall consist of an application for preliminary plat
approval, followed by an application for final plat approval. Applications
for preliminary plat approval and final plat approval shall not be
submitted nor processed simultaneously. Each plat application shall
require the approval of the planning and zoning commission and the
city council, as hereinafter provided.
(2)
Any
procedure in the subdivision ordinance that provides for a shorter
time for approval of a plat application than that required for approval
of a preliminary or final plat application is superseded by the procedures
of this division.
(3)
Except
as hereinafter provided, any appeal from a planning commission decision
on a plat to the city council is superseded by the procedures of this
division.
(4)
Procedures for review of an application for completeness authorized by the subdivision ordinance or to be undertaken pursuant to Texas Local Government Code section 245.002(e) are superseded by the procedures in section 9.02.034 and 9.02.035 of this division, except as otherwise provided in section 9.02.036 of this division.
(5)
A
subdivision plan must be submitted for approval with an application
for preliminary or final plat approval, unless approval of the subdivision
plan is required prior to submittal of a plat application. Any procedure
for approval of a subdivision plan before the commission or council
approves or disapproves a plat application is superseded by the procedures
of this division.
(6)
Conditional approval of a preliminary plat application shall mean that each such condition must be satisfied prior to final plat approval. Such conditions are not subject to the procedures in section 9.02.035 of this division.
(7)
Because the technical requirements for submittal of a plat or subdivision plan application are essential for determining whether the application should be approved, conditionally approved, or disapproved, any deficiency in the submittal requirements for such application shall be grounds for disapproval of the application, unless the plat or subdivision plan application is to be reviewed under the alternative procedures in section 9.02.036 of this division.
(Ordinance 2019-08-05 adopted 8/20/19)
(a)
Initial approval by commission.
The planning commission shall approve, approve with conditions, or disapprove a preliminary plat, final plat or subdivision plan application within 30 days after the date the plat or subdivision plan application is filed. A plat or subdivision plan application is deemed approved by the commission unless it is conditionally approved or disapproved within that period in the manner provided in and documented pursuant to subsection (e).
(b)
Initial approval by council.
The city council shall approve, approve with conditions, or disapprove a preliminary plat, final plat or subdivision plan application within 30 days after the date the commission approves the plat or subdivision plan application. A plat or subdivision plan application is deemed approved by the city council unless it is conditionally approved or disapproved within that period in the manner provided in documented pursuant to subsection (e).
(c)
Extension by agreement.
The applicant may request in writing and the planning commission or the city council, as the case may be, may approve the request for an extension of the time for plat or subdivision plan approval required by subsections (a) or (b) for a period not to exceed 30 days. The written request must be made within 15 days of the date the application is filed and approved by the commission or council prior to the time for a decision on the application required by subsections (a) or (b).
(d)
Limitation on submittals.
Following the filing of the plat or subdivision plan application, the applicant may not submit additional materials in support of the application during the initial 30-day period during which the commission or the council must decide the application, unless the applicant withdraws the original application and submits a new application with the additional materials. If an extension is sought and granted under subsection (c), the applicant may submit additional materials in support of the application no later than 15 days from the date the commission or council is scheduled to review the application without filing a new application.
(e)
Documentation for conditional approval or disapproval.
The planning commission or the city council, as the case may be,
shall provide the applicant a written statement of the conditions
for the conditional approval or reasons for disapproval that clearly
articulates each specific condition for the conditional approval or
reason for disapproval. Each condition or reason specified in the
written statement must be directly related to the requirements of
the subdivision ordinance and include a citation to the applicable
law, including a statute or municipal ordinance, that is the basis
for the conditional approval or disapproval. The conditions or reasons
cannot be arbitrary.
(Ordinance 2019-08-05 adopted 8/20/19)
(a)
Applicant’s response.
After the conditional approval or disapproval of a plat or subdivision plan under section 9.02.034, the applicant may submit to the commission or the council, as the case may be, that conditionally approved or disapproved the plat or subdivision plan, a written response that satisfies each condition for the conditional approval or remedies each reason for disapproval provided. The commission or the council may not establish a deadline for an applicant to submit the response.
(b)
Reply to applicant’s response.
The commission or council, as the case may be, that receives an applicant’s response in accordance with subsection (a) shall determine whether to approve, conditionally approve or disapprove the applicant’s previously conditionally approved or disapproved plat or subdivision plan not later than the 15th day after the date the response was submitted. The commission or council may further conditionally approve of disapprove the application for a specific condition or reason that is provided to the applicant in the manner prescribed in section 9.02.034(e) of this division. The commission or council must approve the plat or subdivision plan application if the response adequately addresses each condition of the conditional approval or each reason for the disapproval.
(c)
Delegation to administrative official.
The administrative official(s) designated by the subdivision ordinance for reviewing and evaluating plat and/or subdivision plan applications, or his delegee(s), hereby is delegated authority to reply to an applicant’s response in the manner provided in section 9.02.034(e). The applicant may appeal the administrative official’s decision within 15 days thereof to the planning commission or the city council, as the case may be, which shall hear the appeal at its next scheduled regular meeting. The applicant may also request a delay in the reply in order to have the response considered and decided by the planning commission or city council, as the case may be, at its next scheduled regular meeting.
(d)
Failure to timely reply.
(e)
New application required.
In the event that the administrative
official, or the planning commission or city council, as the case
may be, timely disapproves the plat or subdivision plan application,
a new application shall be required.
(Ordinance 2019-08-05 adopted 8/20/19)
In lieu of the procedures set forth in sections 9.02.034 and 9.02.035, every applicant for approval of a plat or subdivision plat may elect in writing to follow the procedures in this section if the election is made at the time the application is first submitted for filing. Election under this section does not waive the procedures in sections 9.02.034 and 9.02.035 of this division, which shall commence as provided in subsection (3).
(1)
Within 10 business days of the time the application is submitted for filing, the official(s) responsible for administering the subdivision ordinance of his designee shall make his determination whether the application meets the technical requirements for submittal. The official or his designee shall notify the applicant in writing not later than the 10th business day after the application is submitted whether the application is complete or incomplete. If the application is incomplete, the notice shall specify the documents or information that are necessary to complete the application and also shall state that the application is subject to expiration, as provided in subsection (2).
(2)
Following
the receipt of written notice, the applicant shall have 45 days from
the time the application was submitted for filing to submit the necessary
documents or information to render the application complete. If the
applicant fails to do so, the application shall expire on the 45th
day after the application was submitted for filing. An applicant may
request a conference with the administrative official to assist in
completing the application. If the application expires, the applicant
may submit a new plat or subdivision plan application without prejudice.
If the new application is submitted within 10 days after the expiration
of the original application, review fees will be waived.
(3)
The procedures for review of an application for plat or subdivision plan approval in sections 9.02.034 and 9.02.35 of this division shall commence on one of the following dates:
(A)
The date of the notice required by subsection (1) if the application
is determined to be complete.
(B)
The date the applicant submits documents or information necessary
to complete the application within the 45-day period specified in
subsection (2).
(C)
The date the applicant submits a new application in the event the
original application has expired.
(Ordinance 2019-08-05 adopted 8/20/19)
Notwithstanding any other provision of the subdivision ordinance
to the contrary, the procedures for replats hereby are amended as
follows:
(1)
A
replat of a subdivision or part of a subdivision may be recorded and
is controlling over the preceding plat without vacation of the plat
if the replat is: (A) signed and acknowledged by only the owner of
the property being replatted; (B) is approved by the planning commission;
and (C) does not attempt to amend or remove any covenants or restrictions.
A public hearing is not required before approval of the plat.
(2)
A
replat without vacation of the preceding plat must conform to the
requirements of Texas Local Government Code section 212.015(a), in
addition to the provisions of section 212.014, as amended. If such
replat requires a variance or exception, a public hearing must be
held by the planning commission or the city council. If such replat
does not require a variance or exception, the city shall, not later
than the 15t day after the date the replat is approved, provide written
notice by mail of the approval of the replat to each owner of a lot
in the original subdivision that is within 200 feet of the lots to
be replatted according to the most recent municipal or country tax
roll. The notice must include (1) the zoning designation of the property
after the replat and (2) a telephone number and e-mail address an
owner of a lot may use to contact the municipality about the replat.
This requirement does not apply to a proposed replat if the city holds
a public hearing and gives notice of the hearing pursuant to Texas
Local Government Code section 212.015(b).
(Ordinance 2019-08-05 adopted 8/20/19)
