(a) 
Under the provisions of the Constitution and laws of the State of Texas, including particularly chapter 212 of the Texas Local Government Code, as heretofore or hereafter amended, hereafter every owner of any tract of land situated within the city or within the extraterritorial jurisdiction of the city, who may hereafter divide the same in two or more parts described by metes and bounds or otherwise for the purpose of laying out any subdivision of such tract of land or any addition to the city; or for laying out suburban, building or other lots, or to lay out streets, alleys, squares, parks, or other parts, are required to submit a plat of such subdivision or addition for approval by the governing body of the city. The rules and regulations of the city established by ordinance governing plats and subdivisions of land be and the same are hereby extended to and shall apply to all of the area under the extraterritorial jurisdiction of the city.
(b) 
On and after the passage of this article, any person, firm or corporation seeking approval of any plat, plan or replat of any subdivision of land within the city, and its legally established extraterritorial jurisdiction shall be required to comply with the requirements of this article before such approval may be granted.
(Ordinance 2007-11, ex. A, adopted 7/23/07; 2007 Code, sec. 70-1)
These regulations shall govern every person, firm, association or corporation owning any tract of land within the city limits who may hereafter divide the same into two or more parts for the purpose of laying out any subdivision of any tract of land or any addition to the city, or for laying out suburban, building or other lots, or for laying out any streets, alleys, squares, parks or other portions intended to be dedicated for public use, or other portions intended for public use, or the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks or other parts.
(Ordinance 2007-11, ex. A, adopted 7/23/07; 2007 Code, sec. 70-2)
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
The word “shall” shall be deemed as mandatory. The word “may” shall be deemed as permissive.
Administrative officers.
Any officers referred to by title, i.e., city manager, city attorney, city secretary, city engineer, director of public works, etc., and shall be the person so retained in this position by the city, or his duly authorized representative.
Alley.
Minor way used primarily for vehicular service to the rear or side of properties otherwise abutting on a street.
Building line.
A line beyond which any structure must be set back from the street or road right-of-way line or property line.
City or the city.
The City of McLendon-Chisholm.
City council.
The governing body of the city.
Codes.
Any adopted set of regulations. All improvements within the city shall be in accordance with the codes adopted by the city.
Collector street.
A street which is continuous through several residential districts and is intended as a connecting street between residential districts and thoroughfares, highways, or business districts.
Commission.
The city planning and zoning commission, if active. If inactive, then commission shall refer to the city council as the authority for plat review, study and approval.
Cul-de-sac.
A short residential street having but one vehicular access to another street and terminated by a vehicular turn-around.
Dead-end street.
A street with only one outlet. There shall be no dead-end streets without a cul-de-sac turn-around.
Easement.
An area on private property designated for some specific purpose, together with the uninhibited right of access and use of said area as long as this purpose is served.
Engineer.
The city engineer, the city’s consulting engineers, or their duly authorized representatives.
Final plat.
Any plat or any lot, tract, or parcel of land that is to be recorded of record in the deed records of the county.
Master plan.
The comprehensive plan of the city and adjoining areas as adopted by the city council, including all its revision. This plan indicates the general location recommended for various land uses, transportation routes, public developments and improvements.
Owner, subdivider, or owner/subdivider.
As used herein shall refer to the person or entity owning the property in fee simple or possessing the lawful authority to subdivide or convey the property. It shall also include the duly authorized agent or representative of the owner of the real estate or a person holding a lawful and valid power of attorney concerning the property.
Plat.
A subdivision exhibit, legal description, plans and necessary signature blocks.
Preliminary plan.
Any plat of any lot, tract, or parcel of land that is not to be recorded of record but is only a proposed division of land for review and study by the city.
Replatting.
The resubdivision of any part or all of any block or blocks of a previously platted subdivision, addition, lot or tract.
Residential street.
A street which is intended primarily to serve traffic within a neighborhood or limited residential district and which is used primarily for access to abutting properties.
Resubdivision.
The division of an existing subdivision, together [with] any change of lot size therein, or with the relocation of any street lines.
Street.
A way for vehicular traffic whether designated a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place or however otherwise designated.
Street right-of-way width.
The shortest distance between the lines, which delineate the rights-of-way of a street.
Subdivision.
The division of a tract or parcel of land into two or more parts or lots for the purpose, whether immediate or future, of sale, building, development, or transfer of ownership, and shall include resubdivision.
Thoroughfare.
A principal traffic thoroughfare more or less continuous across the city which is intended to connect remote parts of the city, or areas adjacent thereto, and act as a principal connecting street with state and interstate highways.
(Ordinance 2007-11, ex. A, adopted 7/23/07; 2007 Code, sec. 70-3)
(a) 
Under the authority of chapter 212 of the Texas Local Government Code, which is hereby made a part of these regulations, the city does hereby adopt the following regulations to hereafter control the subdivision of land within the corporate limits of the city and in the unincorporated areas lying within the extraterritorial jurisdiction of the city limits, in order to provide for the orderly development of the areas and to secure adequate provision for traffic, light, air, recreation, transportation, water, drainage, sewage, and other facilities.
(b) 
Any owner of land located inside of or within the extraterritorial jurisdiction (i.e., within one-half mile) of the city wishing to subdivide such land shall submit to the city a plan of the proposed subdivision which shall conform to the minimum requirements set forth in these regulations. An owner subdividing his land into parcels of not less than five acres each for agricultural use and not involving new streets shall be exempt from these requirements.
(c) 
An owner of land within the city or within its extraterritorial jurisdiction shall submit to the city a plan of the proposed subdivision which shall conform to the minimum requirements set forth in these regulations if, in addition to the conditions set forth in the foregoing subsection (b) of this section, the owner intends to lay out suburban, building or other lots, to lay out streets, alleys, squares, parks, or other parts to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to said streets, alleys, squares, parks, or other parts. An owner who intends to build on or improve any unplatted tract of real property within the city or within its extraterritorial jurisdiction shall conform to the minimum requirements set forth in these regulations if the owner must dedicate, convey, transfer, create or otherwise set aside easements for public utilities.
(d) 
No subdivision plat shall be filed or recorded, and no lot in a subdivision inside of or within one-half mile of the corporate limits of the city shall be improved or sold, until a plat thereof shall have been first approved by the city council. The city shall have the authority to prohibit the installation of public utilities in unapproved streets and to prohibit the issuance of building permits for structures on lots abutting on unapproved streets.
(Ordinance 2007-11, ex. A, adopted 7/23/07; 2007 Code, sec. 70-4)
(a) 
Procedure.
(1) 
A preliminary plan of any proposed subdivision shall first be filed by the property owner or his duly appointed representative with the city secretary and submitted to the planning and zoning commission for review, study, and recommendation to the city council before the owner proceeds with the final plat of record. Following recommendation by the commission, the preliminary plan shall be submitted to the city council commission for review, study, and approval. This preliminary plan shall be drawn to a scale not to exceed 200 feet to the inch.
(2) 
The preliminary plat shall contain the following information:
(A) 
Existing features inside subdivision.
(i) 
The existing boundary lines of the land to be subdivided. Boundary lines shall be drawn in heavy [lines] for easy identification, complete with bearings and distances.
(ii) 
The location of existing watercourses, railroads, and other similar drainage and transportation features.
(iii) 
The location and width of existing streets, alleys, easements, pipelines, watercourses, location and site of any existing water or sewer mains.
(iv) 
An accurate legal description of the land to be subdivided.
(B) 
Existing features outside subdivisions.
(i) 
The name and property lines of adjoining property owners with legal file reference.
(ii) 
The name and location of adjacent subdivisions, streets, easements, pipelines, watercourses, and location and site of any existing water or sewer mains.
(C) 
New features inside subdivision.
(i) 
The proposed name of the subdivision.
(ii) 
The location, right-of-way width and names of proposed streets.
(iii) 
The approximate width and depth of all lots. If the side lines are not parallel, the approximate distance between them at the building line and at the narrowest point should be given.
(iv) 
The location of building lines, alleys and easements.
(v) 
The location and approximate size of sites for schools, churches, and parks and other special land uses, intended to be dedicated to public use or reserved for common use of owners in the subdivision.
(vi) 
The approximate acreage of the property to be subdivided.
(vii) 
A proposed utility plant should be included and where, unusual grade conditions exist, the city’s engineer may require preliminary street grades.
(viii) 
The proposed use of any land contained in the subdivision that is not within the boundaries of lots or street right-of-way.
(D) 
Key map.
A key map showing relation of subdivision of well-known streets in all directions to a distance of at least one mile.
(E) 
Title, etc.
The date, scale, north point and title under which the plat is to be recorded, with the name of the owner and engineer platting the tract.
(3) 
Submission.
The city shall be furnished with ten legible prints of the preliminary plan and with ten copies of a letter of transmittal stating briefly the type of street surfacing, drainage, results of site soil test reports, sanitary facilities, and water supply proposed, and the name and address of the owner or agent and engineer, together with a written application for approval on a form prescribed by the city. The prints, letters and application shall be filed with the city secretary at least ten but not more than 21 consecutive calendar days before the next available meeting of the planning and zoning commission at which such preliminary plan is to be considered. A preliminary plan application filed prior to the 21st day preceding the next succeeding regular meeting may be considered as having been filed on the 21st day preceding the meeting. A preliminary plan application filed within ten days of the next succeeding regular meeting shall be considered as having been filed on the 21st day preceding the second succeeding regular meeting. A plan application which is not accompanied with the prescribed filing fees will not be considered as having been filed.
(4) 
Approval.
The planning and zoning commission shall recommend that the preliminary plan be approved, conditionally approved or disapproved within 30 days of the date that the plan is considered to have been filed. The city council shall approve, conditionally approve or disapprove the preliminary plan within 30 days of the date that the commission makes its recommendation. Approval of the preliminary plan shall not constitute final acceptance of the final plat.
Preliminary approval will expire six months after the approval by the city council of the preliminary plan or final sections thereof, except that if the owner shall apply in writing prior to the end of such six-month period setting forth reasons for needing the extension, this period may be extended for another six months but not beyond a total of one year.
(b) 
Final plat.
After approval of a preliminary plan by the city council, a final plat, prepared by a registered engineer and bearing his seal, shall be submitted to the city council by filing in the office of the city secretary. Such plat shall have all changes and alterations made on it that were required on the previously submitted preliminary plan.
(1) 
Sheet size and scale.
All final plats shall be drawn in India ink or comparable on tracing cloth or plastic tracing sheets 24 inches by 30 inches and to a scale of one inch equals 100 feet or in accordance with the county final plat requirements. Where more than one sheet is required, an index sheet of maximum size 18 inches by 27 inches shall be filed showing the entire subdivision.
(2) 
The final plat shall contain the following information.
(A) 
Existing features inside subdivision.
(i) 
The existing boundary lines with accurate distances and bearings of the land to be subdivided. Boundary lines shall be drawn in heavy [lines] for easy identification.
(ii) 
The location of existing watercourses, railroads, and other similar drainage and transportation features.
(iii) 
True bearings and distances to the nearest established street lines, official monuments, or subdivision corners.
(iv) 
The location and width of existing streets, alleys, easements, rights-of-way, buildings, and structures to be retained.
(v) 
Topographical information with contour lines at one-foot intervals.
(vi) 
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.
(B) 
Existing features outside subdivision.
(i) 
The name and property lines of adjoining subdivisions and of the adjoining property owners, together with the respective plat or deed references.
(ii) 
The name and location of adjacent streets, alleys, driveways, easements, watercourses, etc.
All lines outside of subdivision boundaries shall be dashed.
(C) 
Streets, alleys, easements.
Engineering construction standards for inspections are set forth in appendix 1.[1]
The lines and names of all proposed streets or other ways or easements to be dedicated to public use shall be shown on the final plat with the following engineering data:
(i) 
For streets.
Complete curve data (delta, length, radius, tangent, point of curve, point of reverse curve, point of tangent) shown on the centerline on each side of street; length and bearings of all tangents; dimensions from all angle points and points of curve to an adjacent side lot line.
(ii) 
For watercourses and easements.
Drainage easements will be provided covering all land within the subdivision that is subject to inundation by a 100-year storm. Lots that are adjacent to a major watercourse will show minimum finish flood elevations two feet above the calculated 100-year flood elevation.
[1]
Editor’s note—Appendix 1 is included as an attachment to this chapter.
(D) 
Lots and blocks.
The lines and numbers of all proposed lots and blocks with complete bearings and dimensions for front, rear and side lot lines, and area of each lot.
(E) 
Reservations.
The use and property dimensions of all special reservations, including sites for schools, churches, and parks.
(F) 
Monuments and control points.
(i) 
The description and location of all permanent survey monuments and control points.
(ii) 
Suitable primary control points to which all dimension bearings and similar data shall be referred. Dimensions shall be shown in feet and decimals of a foot.
(iii) 
Reference to source of bearing for legal description.
(iv) 
Reference to existence of any floodplain indication on FEMA map.
(G) 
Key map.
A key map showing relation of subdivision to well-known streets in all directions to a distance of at least one mile.
(H) 
Title, etc.
The date, scale, north point and subdivision title, name and address, and seal of engineer.
(I) 
Dedications and certificates.
Such dedications and certificates as are applicable.
(i) 
A certificate of dedication of all streets, public highways, alleys, parks, utility easements, and other land intended for public use forever, signed by the owner or owners and by all other parties who have a mortgage or lien interest in the property and acknowledged before a notary public. All deed restrictions that are to be filed with the final plat shall be shown or filed separately.
(ii) 
A waiver of claim for damages against the city occasioned by the establishment of grades or the alteration of the surface of any portion of existing streets and alleys to conform to the grades established in the subdivision.
(iii) 
Certification by a registered engineer or a licensed state land surveyor, duly licensed by the State of Texas, to the effect that the plan represents a survey made by him, and that all the necessary survey monuments are correctly shown therein.
(iv) 
The following certificates shall be placed on the final plat, in a manner that will allow the filling in of the certificate by the proper party:
“1.
Approved:
 
_________________________________________
Mayor
 
_________________________________________
Date
2.
Acknowledged:
 
This approval shall be invalid unless the approved Final Plat for such Addition is recorded in the office of the County Clerk of Rockwall County, Texas within ninety (90) days from said date of final approval.
 
Witness my hand this _____ day of _____, 20_____.
 
_________________________________________
City Secretary, City of McLendon-Chisholm, Texas”
(J) 
Special restrictions.
Where restrictions of use of land, other than those given in these regulations, are to be imposed by the owner/subdivider, such restrictions shall be placed on the final plat or on a separate instrument filed with the plat.
(K) 
Tax certificates showing that all ad valorem taxes have been paid are to be submitted concurrent with the final plat.
(3) 
Submission.
The city shall be furnished with ten legible prints and the original tracing of the final plat at least ten but not more than 21 consecutive calendar days before the next available meeting of the planning and zoning commission at which such final plat is to be considered. One additional copy of the final plat together with engineering plans shall be submitted to city staff for review at least ten days prior to the submission of the final plat to the city council. A final plat filed prior to the 21st day preceding the next succeeding regular meeting of the commission may be considered as having been filed on the 21st day preceding the meeting. A final plat filed within ten days of the next succeeding regular meeting shall be considered as having been filed on the 21st day preceding the second succeeding regular meeting. A plat which is not accompanied with the prescribed filing fees will not be considered as having been filed.
(4) 
Approval.
Final approval will expire one year after the city council action granting approval of any final plat unless that plat has been filed for record, except that if the owner/subdivider shall apply in writing prior to the end of such one-year period, stating reasons for needing the extension, this period may at the discretion of the city council be extended for another year but not beyond that period. The owner/subdivider may obtain approval of a portion or a section of a subdivision for which tentative or conditional approval was obtained on a preliminary plan provided he meets all the requirements of this article with reference to such portion or section in the same manner as is required for a complete addition. The final plat shall not be filed of record until the subdivision has been constructed and accepted by the city.
(5) 
The owner/subdivider may, at his option, elect to combine his preliminary plan and final plat of a subdivision whenever the tract of land:
(A) 
Is to be resubdivided without a change of street locations, or is so situated that the pattern of streets in said tract is predetermined by streets of immediately adjacent adjoining recorded subdivisions;
(B) 
The proposed development will be of the same use and of comparable density as adjacent existing or contemplated development; and
(C) 
Is a minimum of two and one-half acres in total area.
(6) 
Administrative approval of amending plats.
The mayor and city administrator may jointly approve and issue an amending plat, which may be recorded and is controlling over the preceding plat without vacation of that plat, if the amending plat is signed by the applicants only and is solely for one or more of the following purposes:
(A) 
To correct an error in a course or distance shown on the preceding plat;
(B) 
To add a course or distance that was omitted on the preceding plat;
(C) 
To correct an error in a real property description shown on the preceding plat;
(D) 
To indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments;
(E) 
To show the location or character of a monument that has been changed in location or character or that is shown incorrectly as to location or character on the preceding plat;
(F) 
To correct any other type of scrivener or clerical error or omission previously approved by the city council, including lot numbers, acreage, street names, and identification of adjacent recorded plats;
(G) 
To correct an error in courses and distances of lot lines between two adjacent lots if:
(i) 
Both lot owners join in the application for amending the plat;
(ii) 
Neither lot is abolished;
(iii) 
The amendment does not attempt to remove recorded covenants or restrictions; and
(iv) 
The amendment does not have a material adverse effect on the property rights of the other owners in the plat;
(H) 
To relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement;
(I) 
To relocate one or more lot lines between one or more adjacent lots if:
(i) 
The owners of all those lots join in the application for amending the plat;
(ii) 
The amendment does not attempt to remove recorded covenants or restrictions; and
(iii) 
The amendment does not increase the number of lots;
(J) 
To make necessary changes to the preceding plat to create six or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat if:
(i) 
The changes do not affect applicable zoning and other regulations;
(ii) 
The changes do not attempt to amend or remove any covenants or restrictions; and
(iii) 
The area covered by the changes is located in an area that the city council has approved, after public hearing, as a residential improvement area; or
(K) 
To replat one or more lots fronting on an existing street if:
(i) 
The owners of all those lots join in the application for amending the plat;
(ii) 
The amendment does not attempt to remove recorded covenants or restrictions;
(iii) 
The amendment does not increase the number of lots; and
(iv) 
The amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities.
Notice, hearing, and the approval of other lot owners are not required for the approval and issuance of an amending plat.
(c) 
Fees and charges.
The schedule of fees and charges, as adopted and maintained in the offices of the city, shall be paid into the general fund of the city when any map, plan or plat is filed with the city secretary for city council review, study and approval, or is tendered to the city council. Each of the fees and charges set forth therein may be changed or modified by the city council as set forth in the city’s master fee schedule. Each of the fees and charges provided therein shall be paid in advance and no action of the city council shall be valid until the fee shall have been paid. Unless otherwise exempted or waived, any map, plan or plat not accompanied with the required fee shall not be considered as filed. The city secretary shall calculate the fees and charges in accordance with the master fee schedule.
(1) 
Any engineering fees and attorney’s fees incurred by the city in the plat review process [shall be paid by the owner/subdivider]. Such charges and fees shall be paid by the owner/subdivider upon presentation of an invoice for said charges. Should the owner/subdivider fail to reimburse the city for such charges and fees, the city may withhold any future approvals and/or the issuance of any permits related to the subdivision or its development.
(2) 
These fees shall be charged on all plats, regardless of the action taken by the city council and whether the plat is approved or denied, unless otherwise waived or exempted by the city council.
(3) 
The owner/subdivider shall cause a cashier’s check or certified check to be made payable to the city secretary to cover all recording fees involved in finishing the platting process and have this delivered to the city secretary 14 days prior to the submission for approval.
(d) 
Maintenance bond.
The owner/subdivider shall furnish a good and sufficient maintenance bond in an amount not to exceed ten percent of the total cost of all street and alley construction within the subdivision with a reputable and solvent corporate surety, in favor of the city, to indemnify the city or association of homeowners or property owners against any repairs which may become necessary to any part of the construction work performed in connection with the subdivision arising from defective workmanship or materials used therein, for a full period of two years from the date of final acceptance of the entire project. Final acceptance will be withheld until said maintenance bond is furnished to the city.
(Ordinance 2007-11, ex. A, adopted 7/23/07; 2007 Code, sec. 70-5; Ordinance adopting Code)
(a) 
Streets.
(1) 
Conformity to major street plan.
The width and location of streets shall conform to such major street plan as the city council may have adopted, both as to horizontal and vertical alignment and right-of-way widths.
(2) 
Relation to adjoining street system.
The proposed street system shall extend all existing major streets and such existing secondary and local-access streets as may be desirable for convenience of circulation. Where possible, the width and the horizontal and vertical alignment of extended streets shall be preserved.
(3) 
Street jogs.
Where off-sets in street alignment are, in the opinion of the city council, unavoidable, such off-sets may be employed provided the distance between centerlines is not less than 125 feet.
(4) 
Large-lot subdivisions.
If the lots in the proposed subdivision are large enough to suggest resubdivision in the future, or if part of the tract is not subdivided, consideration must be given to possible future street openings and access to future lots which could result from such resubdivision.
(5) 
Through traffic.
Local residential streets shall be designed so as to discourage high-speed or through traffic.
(6) 
Topography.
The street system shall bear a logical relationship to the natural topography of the ground.
(7) 
Street right-of-way widths.
Street width and street right-of-way width shall be measured from front lot line to front lot line of opposite lots.
(A) 
Residential streets.
Residential streets shall have a minimum right-of-way width of 60 feet. Paving shall be not less than 24 feet in width with three-foot shoulders without curbs or not less than 27 feet with curbs.
(B) 
Collector streets.
Collector streets shall have a minimum right-of-way width of 70 feet. Paving shall be not less than 24 feet in width with six-foot shoulders without curbs or not less than 37 feet with curbs.
(C) 
Major thoroughfare.
The width of major thoroughfares shall be determined by the city council or the city’s master thoroughfare plan; however, this classification carries a minimum right-of-way of 100 feet and a maximum of 120 feet.
(8) 
Street horizontal alignment. The maximum deflection in alignment permitted without use of curve shall not exceed one degree.
(9) 
Major street curves.
Curves along street centerlines shall conform to the following standards, with exceptions to these standards granted only by the city council:
Classification
Design Speed
(MPH)
Centerline Radius
(feet)
 
 
Desirable
Minimum
Major
55
1,000
800
Secondary
40
550
425
Local
30
300
200
(10) 
Reverse curves.
Reverse curves whenever possible shall be separated by a minimum tangent of 100 feet.
(11) 
Vertical curves.
Vertical curves shall be provided for all grade changes greater than one degree (see appendix 1).[1]
[1]
Editor’s note—Appendix 1 is included as an attachment to this chapter.
(12) 
Dead-end streets/culs-de-sac.
(A) 
Turnarounds.
Turnarounds are to have a minimum right-of-way radius of 60 feet and a pavement radius of 45 feet.
(B) 
Maximum length.
The maximum length of a dead-end street with a permanent turnaround or a cul-de-sac with a permanent turnaround shall be 600 feet.
(C) 
Temporary turnaround.
A temporary turnaround is to be provided at the end of streets more than 400 feet long that will be extended in the future. The following note should be placed on the plat: Cross-hatched area is temporary easement for turnaround until street is extended [give direction] in a recorded plat.
(13) 
Street intersections.
(A) 
Angle of intersection.
Except where existing conditions will not permit, all streets, major and minor, shall intersect at a 90-degree angle. Variations of more than ten degrees on minor streets and more than five degrees on major or secondary streets must first be approved by the city council.
(B) 
Radius at acute corners.
Acute angle intersections approved by the city council are to have 25 foot or greater radii at acute corners.
(C) 
Centerline tie with existing streets.
Each new street intersecting with or extending to meet an existing street shall be tied to the existing street on centerline with dimensions and bearings to show relationship.
(14) 
Partial or half-streets.
Partial or half-streets may be provided where the city council finds that a street should be located on a property line. The following note shall be used in all such dedications: “This _____ foot strip is dedicated as easement for all utility purposes including storm and sanitary sewers and shall automatically become dedicated for street purposes when and insofar as a _____ foot strip adjacent to it is so dedicated and the required improvements are installed.”
(15) 
Reserve strips.
Provisional one foot reserves may be used along the side or end of streets that abut acreage tracts, accompanied by a note on the plat that states as follows: “One foot reserve to become automatically dedicated for street purposes when adjacent property is subdivided in a recorded plat.”
(16) 
Street names.
New streets shall be named so as to provide continuity of name with existing streets and so as to prevent conflict with identical or similar names in other parts of the city.
(17) 
Street and alley maintenance.
The repair and maintenance of all streets and alleys shall be the responsibility of the abutting property owners or a valid and functioning association of homeowners or property owners within the subdivision. All applications for approval of any preliminary plan or final plat of a proposed residential subdivision in which the construction or placement of any streets or alleys is a component must be accompanied by true and correct copies of homeowner’s association regulations or deed restrictions which require all street and alley maintenance to be the responsibility of a homeowner’s association or abutting property owners.
(b) 
Lots.
(1) 
Use.
All lots shown on the plat will be for residential purposes unless otherwise noted. The standards that follow apply to residential lots.
(2) 
Lot size.
The minimum area of all lots shall conform with the city’s comprehensive zoning ordinance. The minimum area of all lots shall be at least the size prescribed in the zoning regulations applicable to that district.
(3) 
Minimum width.
Lots with radial side lines diverging toward the rear shall have a minimum of 200 feet width, 75 feet behind the front property line, and lots that have radial side lot lines convergent toward the rear shall have a minimum of 200 feet width, 250 feet behind the front property line.
(4) 
Minimum depth.
No lot shall have a depth of less than 300 feet.
(5) 
Lots on drainage easements.
Minimum usable lot depths for lots backing on natural drainage easements shall not be less than 100 feet measured between front lot line and drainage easement.
(6) 
Lot width definition.
The lot width is the average of front and rear lot dimensions.
(7) 
Lot shape.
Lots should be rectangular insofar as practicable. Sharp angles between lot lines should be avoided. The ratio of depth to width should not ordinarily exceed two and one-half times.
(8) 
Lot lines.
Side lot lines should be perpendicular or radial to street frontage and the following note may be used in lieu of bearings: All side lot lines are either perpendicular or radial to street frontage unless otherwise noted.
(9) 
Lot facing.
(A) 
Street frontage.
Each lot shall be provided with adequate street access.
(B) 
Front facing.
In general, an arrangement placing adjacent lots at right angles to each other should be avoided.
(10) 
Lot numbering.
All lots are to be numbered consecutively within each block. Lot numbering may be cumulative throughout the subdivision if the numbering continues from block to block in a uniform manner that has been approved on an overall preliminary plan.
(11) 
Driveway restrictions.
Rear and side driveway access to major thoroughfares shall be prohibited.
(c) 
Building lines.
(1) 
Front street.
The front building lines shall not be less than 75 feet from the front property line.
(2) 
Side, rear.
The side and rear building line setbacks shall be as set forth in the city’s comprehensive zoning ordinance and the zoning regulations applicable to the district in which the property lies.
(d) 
Alleys.
(1) 
Alley width.
Where provided, alley rights-of-way shall not be less than 20 feet.
(2) 
Alley intersections.
All alleys intersecting with another alley shall have a centerline radius of 40 feet, a property line radius of 30 feet, and shall conform to the standard details.
(3) 
Dead-end alleys.
Dead-end alleys will not be permitted. Alleys in new subdivisions shall connect to alleys in adjacent subdivisions wherever feasible.
(4) 
Alleys required.
Alleys shall be required in all business areas and in those portions of new residential subdivisions where partial blocks are needed to complete existing blocks with alleys.
(e) 
Easements.
(1) 
Size.
The size of easements for drainage shall be a minimum of 15 feet in width or as established by the city engineer.
(2) 
Use.
Where necessary, easements shall be retained for wires, conduits, storm sewers, sanitary sewers, water lines, open drains, gas lines or other utilities. Such easements may be required across parts of lots (including side lines), other than as described above, if in the opinion of the city council same is needed.
(3) 
Underground utilities.
All subdivisions shall place all utilities underground after the effective date of this article.
(4) 
Major trees within utility easements.
Every precaution shall be utilized to protect the natural environment of the subdivision, preserving prominent trees wherever possible, and the owner/subdivider shall advise the city council of the necessity of destroying an inordinate amount of trees, and the method of restoration of the area in keeping with the spirit of the city.
(Ordinance 2007-11, ex. A, adopted 7/23/07; 2007 Code, sec. 70-6)
(a) 
Monuments.
Concrete monuments eight inches in diameter and 15 inches long shall be placed at reasonable intervals at all corners of the boundary lines of a subdivision. The exact intersection point on the monument shall be marked by a reinforcing bar one-half inch in diameter and 12 inches long embedded in the concrete monument.
Intermediate property corners, curve points and angle points shall be marked with a piece of one-half inch round reinforcing rod driven flush with the finished ground level or lower if necessary in order to keep same from being disturbed.
(b) 
Other required improvements, see engineering and construction standards.
(Ordinance 2007-11, ex. A, adopted 7/23/07; 2007 Code, sec. 70-7)
(a) 
Street buffer.
In all zoning districts, a 20-foot landscape edge or buffer must be provided along the entire length of the perimeter of a lot or subdivision where the perimeter is adjacent to a public or private street, exclusive of driveways and alleys. The paved and unpaved portion of any city right-of-way shall not be included in this 20-foot buffer.
(b) 
Zoning district buffer.
Whenever a nonresidential use, mobile-home use, or multifamily use is adjacent to property used or zoned for single-family residential purposes, the more intensive land use shall provide a landscaped area edge of at least ten feet in width along the common property line.
(c) 
Subdivision entryways.
(1) 
Entryways into and exits from subdivisions shall be landscaped. Both sides of streets, whether public or private, which serve as a means of ingress or egress from residential subdivisions that consist of at least ten lots shall be landscaped on both sides of the entry or exit way.
(2) 
Each landscape area shall consist of not less than 25 feet of frontage along the entry and exit way and 25 feet of frontage along the adjacent street, and shall have a depth of at least 20 feet.
(3) 
Subdivision entryway landscaping shall be designed so as to avoid an impairment of visibility of operators of motor vehicles entering and exiting the subdivision when the plant materials reach full maturity.
(4) 
The developer and/or property owners of residential subdivisions that consist of ten or more lots shall have a homeowners’ association that shall be responsible for the perpetual maintenance and upkeep of all landscape areas.
(d) 
Plant materials.
(1) 
Landscape buffers and landscaped areas of subdivision entryways shall be planted with at least one shade tree (minimum four inches in caliper measured at four feet above natural grade and 16 feet in height at time of planting) for each 20 linear feet or portion thereof of adjacent exposure.
(2) 
When required to be planted, tree types should include trees identified in the “approved replacement tree list” of the city’s Tree Preservation Code. Landscape buffers and areas shall also consist of shrubs, ornamental trees, ground cover, or sod. All plant materials shall conform to the requirements described in the most current edition of “American Standards for Nursery Stock” published by the American Association of Nurserymen.
(3) 
No tree may be planted closer than five feet of the paved portion of any impermeable surface.
(4) 
No plant material shall be planted or located in such a way that, at full maturity, the plant material may obstruct or impair the view of operators of motor vehicles on any public or private street or interfere with the use and maintenance of utility fixtures or equipment.
(5) 
In the event that any plant materials shall die or be removed or destroyed within a period of one year after planting, the developer, property owner or homeowners’ association shall replace the plant material with similar or suitable plantings.
(e) 
Waivers by city council.
(1) 
The city council may reduce the width of the required landscape buffer when the reduction is required for public improvements.
(2) 
The city council may waive or modify any of the requirements of this section upon application by the developer, property owner or homeowners’ association, following recommendation by the planning and zoning commission, when deemed to be in the best interests of the public health, safety, morals or general welfare.
(f) 
Landscape plans.
(1) 
Prior to or simultaneously with the submission of an application for approval of a site plan or preliminary plan, including replats of existing lots and subdivisions, a landscape plan must also be submitted.
(2) 
The landscape plan must show the location, type and species of all plants and plant materials and must affirmatively show compliance with the requirements of this section.
(3) 
Landscape plans shall make provisions for perpetual maintenance by the developer, property owner or homeowners’ association.
(g) 
Lot coverage for nonresidential property.
For nonresidential and multifamily property, at least 15 percent of the gross lot or tract (exclusive of rights-of-way) shall be maintained as a landscaped area. All screening, parking perimeter, and interior parking landscaping shall be included in the overall 15 percent of gross site landscaping. No parking lot tree island may be less than ten feet wide in any dimension and shall not contain less than 100 square feet of continuous permeable land.
(Ordinance 2007-11, ex. A, adopted 7/23/07; 2007 Code, sec. 70-7A)
No permanent structures shall be built within any floodplain at an elevation below the 100-year flood line. The finished floor pad shall be a minimum two feet above the 100-year flood level. No septic tanks or on-site septic systems shall be built, located or situated in areas designated as a floodplain.
(Ordinance 2007-11, ex. A, adopted 7/23/07; 2007 Code, sec. 70-8)
(a) 
General policy.
(1) 
The commission shall not recommend for approval any plat, development plan, or subdivision which does not make adequate provision for stormwater or floodwater runoff channels or basins and the city council may not approve such plats, development plans, or subdivisions without such provisions. Drainage provisions shall ensure the health and safety of the public and property in times of flood and such drainage facilities shall not cause excessive increases in flood heights or velocities, particularly to adjacent and downstream properties. When calculations indicate that curb capacities are exceeded at a point, no further allowance shall be made for flow beyond that point, and basins shall be used to intercept flow at that point.
(2) 
The owner/subdivider or applicant may be required by the planning and zoning commission or city council as a condition of preliminary plan and/or final plat approval to carry away by pipe or open ditch any spring or surface water that exists either previous to, or as a result of, the subdivision. Such drainage facilities shall be located in the road right-of-way where feasible, or in perpetual unobstructed easements of appropriate width, and shall be constructed in accordance with the construction standards and specifications of the town.
(b) 
General design standards.
For all subdivisions consisting of more than ten lots, the following requirements must be demonstrated as a condition for the approval of any preliminary plan or final plat, and must be shown on the face of the plan or plat or by separate document filed contemporaneously with the application for approval of the plan or plat:
(1) 
Coordination with any comprehensive master drainage plan adopted by the city council is required and shall be demonstrated in the preliminary plan and/or final plat.
(2) 
The complete drainage system is composed of:
(A) 
The initial system, consisting of inlets, storm drains, and the associated appurtenances to convey the initial storm runoff (ten-year); and
(B) 
The major system of the major runoff (100-year), which consists of swales, creeks, channels, floodways and emergency overflows to prevent water encroachment into residential and commercial facilities.
(3) 
Channels are to be concrete-lined at least to the ten-year frequency channel flow level with additional height to carry the 25-year flow. 100-year flow is to be contained within the building lines of the channel. Unlined channels will be considered and may be approved for quantities of floodwater larger than the equivalent flow of a 72-inch pipe.
(4) 
Utilization of retention ponds and dispersion areas and preservation of major floodplains, etc., shall be strongly encouraged and may be required if a proposed drainage improvement is found to create actual or potential upstream, adjacent or downstream property damage due to the creation of excessive flood velocities or heights.
(5) 
The city’s major drainage floodplains that are still functioning in a natural or semi-natural state will require special drainage and other preservation considerations. To implement this policy of the natural 100-year floodplain for flooding areas draining one square mile or more, it may be recommended that these areas be zoned for planned development when zoning requests are made so that channel improvements and preservation efforts will be coordinated and defined on the site plan before detailed plans are submitted.
(6) 
Criteria for pipes.
(A) 
Minimum velocity with the pipe flowing full shall be three feet per second.
(B) 
The minimum storm drainpipe diameter shall be 15 inches.
(C) 
Pipe diameters shall not normally decrease downstream.
(D) 
Pipe crowns at change in sizes should be set at the same elevation.
(7) 
Vertical curves in the conduit will not be permitted, and horizontal curves will be permitted only with the approval of the town engineer.
(8) 
Inverted crown sections will be permitted only in alleys.
(9) 
At streets with culverts or bridges, an emergency overflow shall be provided to contain the 100-year channel flow within the building lines.
(10) 
Detention ponds may be used to control the increase in runoff between the development and undeveloped areas if approved by the city council.
(c) 
Off-site drainage.
(1) 
The owner or developer of property to be developed shall be responsible for all storm drainage flowing on his property. This responsibility includes the drainage directed to that property by ultimate development as well as drainage naturally flowing through the property by reason of topography.
(2) 
Adequate consideration shall be given by the owner in the development of property to determine how the discharge leaving the proposed development will affect adjacent and downstream property.
(3) 
On lots or tracts of three acres or more where stormwater runoff has been collected or concentrated, it shall not be permitted to drain onto adjacent property except in existing creeks, channels or storm sewers unless proper drainage easements or notarized letters of permission from the affected property owners are provided. If necessary easements or letters of permission cannot be obtained, the city engineer will review the downstream damage potential and make recommendations to the commission and city council.
(4) 
The owner/subdivider shall pay for the cost of all drainage improvements required for the development of the subdivision, including any necessary off-site channels or storm sewers and acquisition of the required easements.
(5) 
Where it is anticipated that additional runoff incidental to the development of the subdivision will overload an existing downstream drainage facility, whether natural or manmade, the commission or city council may withhold approval of the subdivision, and the city may refuse to issue building, construction or development permits, until improvements including storm sewer systems, channel grading, driveway adjustments, culvert improvements, etc., are made.
(6) 
In areas where downstream pipes or channels are adequate to handle proposed increased flows, the city as one alternative may consider accepting cash payment in lieu of actual drainage improvements. The developer must show that the proposed pipe system to handle the flow from his development would not function properly without substantial downstream improvements. Prior to permitting any development that will significantly increase flood heights downstream or upstream, a hearing before the planning and zoning commission is required with special notice to the adjacent property owners.
(d) 
Drainage easements.
(1) 
Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within road rights-of-way, perpetual unobstructed easements for such drainage facilities shall be provided across property outside the road lines and with satisfactory access to the road. Easements shall be indicated on the plat. Drainage easements shall be carried from the road to a natural watercourse or to other drainage facilities.
(2) 
When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights must be secured and indicated on the plat or other instrument as approved by the city. In the case of clear public interest, the city may participate in easement acquisition by power of condemnation.
(3) 
The owner/subdivider shall dedicate an appropriate drainage easement either in fee or by drainage easement or by conservation easement of land on both sides of existing watercourses to a distance to be determined by the planning and zoning commission or city council.
(Ordinance 2007-11, ex. A, adopted 7/23/07; 2007 Code, sec. 70-9)
The construction, maintenance and repair of all streets, roadways, alleys, and drainage improvements shall be the responsibility of the abutting property owners or a valid and functioning association of homeowners or property owners. All preliminary plan or final plat applications involving subdivisions in which streets, roadways, alleys, or permanent drainage improvements are to be constructed shall be accompanied by documentation which imposes the obligation of maintenance or repair on the abutting property owners or a homeowner’s or property owner’s association. In the event that an association of property owners or homeowner’s is not active or becomes inactive, no further building or development permits shall be issued.
(Ordinance 2007-11, ex. A, adopted 7/23/07; 2007 Code, sec. 70-10)
(a) 
Permitted purposes.
No land contained in the proposed subdivision shall be reserved for any use other than a use permitted by the zoning ordinance for the district in which the land to be reserved is located.
(b) 
Designated on plat.
The specific use for which each piece of land is to be reserved must be shown by appropriate label or description on the subdivision plat. Provision for future abandonment of a reservation as may be appropriate must likewise be shown on said plat.
(c) 
Parks and playgrounds.
The location and size of parks and playgrounds shall be in accordance with the city park sites plan. Park sites when purchased by the city shall be purchased at the developer’s acreage cost plus a prorated cost of improvements.
(d) 
Schools.
The location and size of schools shall be in accordance with the city school sites plan and with the requirements of the school district.
(Ordinance 2007-11, ex. A, adopted 7/23/07; 2007 Code, sec. 70-11)
When an owner/subdivider can show that a provision of these regulations would cause unnecessary hardship if strictly adhered to and where, because of some condition peculiar to the site, in the opinion of the city council a departure may be made without destroying the intent of such provisions, the city council may authorize a variance.
(Ordinance 2007-11, ex. A, adopted 7/23/07; 2007 Code, sec. 70-12)
Any person violating this article or any portion thereof shall upon conviction be guilty of a misdemeanor and shall be assessed a fine of not less than one dollar nor more than $2,000.00, and each day that such violation continues shall be considered a separate offense and punishable accordingly.
(Ordinance 2007-11, ex. A, adopted 7/23/07; 2007 Code, sec. 70-13)
If any section, subsection, sentence, clause or phrase of this article is for any reason held to be unconstitutional, invalid, or unenforceable, the validity of the remaining portions of this article shall not be affected thereby, it being the intent of the city council in adopting this article that no portion thereof or provision or regulation contained herein shall become inoperative or fail by reason of the unconstitutionality or invalidity of any section, subsection, sentence, clause, phrase, or provision of this article.
(Ordinance 2007-11, ex. A, adopted 7/23/07; 2007 Code, sec. 70-14)
This article shall take effect immediately from and after its passage and the publication of the caption as the law in such cases provide.
(Ordinance 2007-11, ex. A, adopted 7/23/07; 2007 Code, sec. 70-15; 2007 Code, ch. 70, app. 1, sec. 11)