This article 9.02 of the Kermit Code of Ordinances shall be officially known, cited and referred to as the Subdivision Regulations of the City of Kermit (hereinafter “these regulations”).
(Ordinance 20-06 adopted 7/30/20)
These regulations are adopted pursuant to the authority granted by the laws of the State of Texas, specifically including chapter 212 (regulation of subdivisions) of the Texas Local Government Code, as may be amended.
(Ordinance 20-06 adopted 7/30/20)
These regulations shall serve to guide the future growth and development of the City of Kermit in accordance with the comprehensive plan, and to protect and provide for the public health, safety, and general welfare of the city. Its goal is ensure the safe, orderly, and healthy development of the municipality.
(Ordinance 20-06 adopted 7/30/20)
(a) 
These regulations apply to all subdivisions of land located within the corporate limits of the city and within the city’s 1 mile extraterritorial jurisdiction, as provided by law, except as expressly stated herein.
(b) 
The following types of land division do not require approval by the City of Kermit; however, the exclusion of such activities from these regulations does not waive any jurisdiction the city now exercises or may exercise over such matters.
(1) 
The division of land into two or more parts for agricultural use, where all parts are five acres or larger and do not involve a new street or other portion of the tract intended for public use.
(2) 
The division of land into two or more parts for other than agricultural use provided:
(A) 
All parts are five acres or larger;
(B) 
Development of the parcels does not require the dedication of any public improvements; and
(C) 
Each parcel after the subdivision has adequate access from existing streets.
(c) 
No plat will be approved for any tract of land within city boundaries which has not been permanently zoned in accordance with the zoning code.
(d) 
A written request may be directed to the commission for information concerning whether a plat is required under these regulations, in accordance with V.T.C.A., Local Government Code, section 212.0115, as amended.
(e) 
Except as provided above, no land may be subdivided or platted through the use of any legal description other than with reference to a plat approved by the commission in accordance with these regulations.
(f) 
Except as provided above, and for separate parcels of land established prior to the effective date of this article 9.02 of this code, no land shall be sold or transferred until the property owner has obtained approval of a final plat from the director, the commission or the city council (hereinafter “council”) as required by these regulations.
(Ordinance 20-06 adopted 7/30/20)
All applications for plat approval, including final plats, pending on the effective date of these regulations and which have not lapsed shall be reviewed under regulations in effect immediately preceding the date of adoption of these regulations.
(Ordinance 20-06 adopted 7/30/20)
(a) 
Interpretation.
In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare. These regulations shall be construed broadly to promote the purposes for which they are adopted.
(b) 
Conflict with other laws.
These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute or other provision of law except as provided in these regulations. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations, or other provision of law, the provision which is more restrictive or imposes higher standards shall control.
(c) 
Severability.
If any part or provision of these regulations or the application of these regulations to any person or circumstances is adjudged invalid by any court of competent jurisdiction, the judgment shall be confined in its operation to the part, provision, or application directly involved in the controversy in which the judgment shall be rendered and it shall not affect or impair the validity of the remainder of these regulations or the application of them to other persons or circumstances. The council hereby declares that it would have enacted the remainder of these regulations even without any such part, provision, or application which is judged to be invalid.
(Ordinance 20-06 adopted 7/30/20)
Upon the adoption of these regulations according to law, all subdivision regulations of the City of Kermit previously in effect are hereby superseded.
(Ordinance 20-06 adopted 7/30/20)
For the purpose of protecting the public health, safety and general welfare, the commission or council may from time to time propose amendments to these regulations, which shall then be approved or disapproved by the council at a public meeting after a public hearing. Notice of the public hearing on any proposed amendments to these regulations shall be published at least once in the official newspaper of the city not later than ten days prior to the date of the public hearing, and shall set forth the time, date and place of the public hearing.
(Ordinance 20-06 adopted 7/30/20)
The following words, terms and phrases, when used in these regulations, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Adequate access:
The parcels, at the time of the subdivision, can be accessed over paved public streets which have sufficient structural and width capacity to carry the estimated levels of motor vehicle traffic to and from the parcels being divided[.]
Administrator:
The local official responsible for administration and enforcement of the zoning ordinance.
Alley:
A minor public right-of-way, not intended to provide the primary means of access to abutting lots, which is used primarily for vehicular service access to the back or sides of properties otherwise abutting on a public street.
Building setback line:
A line beyond which buildings must be set back from the street line.
Commission:
The planning commission of the City of Kermit.
Comprehensive plan:
The comprehensive plan of the City of Kermit, including any unit or part of such plan separately adopted, and any amendments to such plan, or parts thereof.
Director:
The Kermit Public Works Director or their duly authorized representative.
Easement:
A right granted for the purpose of limited public or semipublic use across, over or under private land.
Floodprone area:
A land area adjoining a river, stream, or other watercourse, which is likely to be flooded.
Floodproofing:
Any combination of structural and nonstructural additions, changes or adjustments to properties and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, structures and contents of buildings.
Lot:
An undivided tract or parcel of land having frontage on a public street, and which is, or in the future may be, offered for sale, conveyance, transfer or improvement; which is designated as a distinct and separate tract; and which is identified by a tract, or lot number or symbol on a duly approved subdivision plat which has been properly filed of record.
Major thoroughfare plan:
The part of the comprehensive plan showing the location of principal and secondary thoroughfares.
Neighborhood:
A complete distinct residential development designated in the comprehensive plan as a neighborhood unit.
Plat:
The map, drawing or chart on which a subdivider’s plan of a subdivision is presented, which they submit for approval and a copy of which is intended to be recorded in final form.
Street:
A public right-of-way which provides primary vehicular access to adjacent land, whether designated as a street, highway, thoroughfare, parkway, avenue, boulevard, road, place, drive, or however otherwise designated.
Cul-de-sac:
A short minor street having only one vehicular access to another street and terminated by a vehicular turnaround.
Dead-end street:
A street, other than a cul-de-sac, with only one outlet.
Major street:
A principal traffic artery, more or less continuous across the city, which is intended to connect remote parts of the city, or areas adjacent thereto, and acts as a principal connecting street with state and federal highways, and shall include each street designated as a thoroughfare on the thoroughfare plan, including all existing and proposed major streets shown on the major thoroughfare plan adopted by the city.
Minor street:
A street which is primarily intended to serve traffic within a neighborhood or limited residential district, and is not necessarily continuous through several residential districts.
Roadway:
The portion of a street available for vehicular traffic, and when curbs are laid, the portion between the face of the curbs.
Secondary street:
A street which carries traffic from minor streets to the major system or arterial streets and highways, including the principal entrance streets of a residential development and principal streets for circulation to schools, parks and other community facilities within a neighborhood.
Street frontage:
The portion as measured in feet wherein the lot abuts a public street.
Street width:
The shortest horizontal distance between the lines which delineate the right-of-way of a street.
Subdivider:
Any individual, firm, association, syndicate or partnership, developer or any agent thereof, dividing, or proposing to divide, land so as to constitute a “subdivision,” as such term is defined in this section. In any event, the term “subdivider” shall be restricted to include only the owner, or authorized agent of such owner, or land sought to be subdivided.
Subdivision:
The division of any lot, tract or parcel of land, whether described as lots and blocks or by metes and bounds, into two or more lots or sites for the purpose, whether immediate or future, of sale or building development. Such term also includes resubdivision, or replat of land or lots.
(Ordinance 20-06 adopted 7/30/20)