This chapter is adopted under the authority of the Constitution and laws of the State of Texas, including particularly Chapter 231, Acts of the 40th Legislature, Regular Session, 1927, as heretofore or hereafter amended, compiled as TEX. LOC. GOV’T. CODE §§43.001 et seq., and the provisions of §4 of the Municipal Annexation Act as heretofore or hereafter amended, compiled as TEX. LOC. GOV’T. CODE §§43.001 et seq.
(Ordinance 601 adopted 2/5/07; Ordinance 648 adopted 10/4/10)
The purpose of this chapter is to provide for the orderly, safe and healthful development of the area within the city and within the area surrounding the city and to promote the health, safety, morals and general welfare of the community.
(Ordinance 601 adopted 2/5/07; Ordinance 648 adopted 10/4/10)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY.
A minor public right-of-way, not intended to provide the primary means of access to abutting lots, which is used primarily for vehicular service access to the back or sides of properties otherwise abutting on a street.
BLOCK.
A tract or parcel of land designated as such on a duly recorded plat and may be entirely surrounded by public streets or by combination of public streets and public cemeteries, railroad right-of-way, or natural or manmade physical features that disrupt what would otherwise be an unbroken landscape such as, but not limited to, ditches, gullies and ridges.
BUILDING SETBACK LINE.
The line within a property defining the minimum horizontal distance between a building and the adjacent street line.
BUILDING OFFICIAL.
The City Manager or designee.
CITY.
Shall refer to the City of Giddings, Texas.
CITY COUNCIL.
The City Council of the City of Giddings, Texas.
CITY ENGINEER.
A professional engineer employed or designated by the City of Giddings to provide professional engineering services for and on behalf of the City.
CITY OF GIDDINGS STANDARDS.
As used herein, shall mean the standards for streets, alleys, storm sewer lines, utilities, and appurtenant structures, which are set forth herein, such additional standards as may have been or may be adopted by the City Council, which may be amended from time to time, and hereby referred to.
COMMISSION.
The Planning and Zoning Commission of the city.
COMPREHENSIVE PLAN.
Is any plan officially adopted or amended by City Council for the physical development of the City of Giddings and includes any unit or part of such plan.
CUL-DE-SAC.
A street having but one outlet to another street, and terminated on the opposite end by a vehicular turn-around.
DEAD-END STREET.
A street, other than a cul-de-sac, with only one outlet.
DEVELOPMENT STANDARDS AND STANDARD SPECIFICATIONS AND DETAILS.
The technical requirements and standards for each aspect of construction and development prepared by the City Engineer and approved by the City Council as those instruments shall be updated and amended from time to time. A copy shall be kept at the City Hall and will be available to any person desiring the same. A personal copy may be obtained by paying for the cost of reproduction.
DIRECTOR OF PUBLIC WORKS.
The duly authorized employee or representative of the city in charge of the Street Department, Water Department, Sewer Department, or a combination of such departments of the city.
DOUBLE FRONT LOT.
A building lot, not a corner lot, which has frontage on two streets that are parallel or within 45° of being parallel to each other.
ENGINEER.
A person duly authorized under the provisions of the Texas Engineering Registration Act, as heretofore or hereafter amended, to practice the profession of engineering.
EXTRATERRITORIAL JURISDICTION.
The unincorporated area, not a part of any other city, which is contiguous to the corporate limits of the city, the outer boundaries of which are measured from the extremities of the corporate limits of the city outward for such distances as may be stipulated in the Texas Municipal Annexation Act in accordance with the total population of the incorporated City, in which area, within the terms of the Act, being TEX. LOC. GOV’T. CODE §§43.001 et seq., the city may enjoin the violation of this chapter.
FILING DATE.
The date which is ten days prior to the regular meeting of the Planning and Zoning Commission at which the preliminary or final subdivision plat is to receive consideration.
FILING FEE.
The prescribed plat and lot fee rates, as hereinafter stipulated, to accompany the filing with the Planning and Zoning Commission of preliminary and final subdivision plats.
FLOODPLAIN.
An area of land that would be inundated by a flood having a 1-percent chance of occurring in any given year – also referred to as the base of 100-year flood.
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 identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly filed or recorded.
LOT DEPTH.
The length of a line connecting the midpoints of the front and rear lot lines.
LOT WIDTH.
The shortest average distance between the side lot lines, which is normally that distance measured along a straight line connecting the mid-point of the two side lot lines.
PAVEMENT WIDTH.
The portion of a street available for vehicular traffic where curbs are laid.
PAVEMENT WIDTH
is the portion between the face of curbs.
PLANNED UNIT DEVELOPMENT.
A subdivision that consists of a variety of land use types, incorporating a single or a variety of types of residential dwelling units, and/or compatible commercial and industrial land uses, public land uses, and common open space and recreational areas, adequate to service the needs of the tract when fully developed and populated, and which is to be developed as a single entity, under unified control.
PLAT.
A map, drawing, chart, or plan showing the exact layout and proposed construction of the proposed subdivision into lots, blocks, streets, parks, school sites, commercial or industrial sites, drainageways, easements, alleys, and/or other elements as required by this chapter and which a subdivider shall submit for approval in accordance with this chapter.
PLAT AMENDMENT.
A minor change of an existing subdivision to a lot line or setback contained within and when no new lots are created, existing lots are combined or the size of any lot is substantially increased.
PLAT, FINAL.
A plat that has been submitted and approved in preliminary form, has been corrected by the applicant, has conformed to all of the provisions of this chapter, and is ready for final review by the Planning and Zoning Commission.
PLAT, PRELIMINARY.
A plat that is submitted to the Planning and Zoning Commission for its review of the concept and performance of the subdivision as related to the provisions of this chapter. The preliminary plan and the review thereof are intended to produce a subdivision design in which all planning factors are recognized and reconciled, prior to submission of the final plat.
PLAT REVISION, REPLAT or RESUBDIVIDE.
A plat vacating an existing subdivision in lieu of a new pattern of development, the subdivision of an existing or duly recorded lot or lots, the combining of two or more lots to create one lot, or the subdividing of an existing platted but undeveloped subdivision into a new pattern of lots and blocks.
POSITIVE MYLAR.
A mylar which has the waterproof ink on the top surface.
PRELIMINARY APPROVAL.
Approval expressed by the Planning and Zoning Commission as to the arrangement and approximate size of streets, alleys, parks, reserves, easements, blocks, and lots indicated on a preliminary plat.
RESERVE STRIP.
A privately owned strip of land, normally one foot in depth, adjacent to a public right-of-way or easement preventing the extension of the right-of-way or easement without the expressed consent of the owner.
STREET.
A public right-of-way, however designated, which provides vehicular access to adjacent land.
SUBDIVIDER.
Any person or agent thereof, dividing or proposed to divide land so as to constitute a subdivision as the term is defined herein. In any event, the term SUBDIVIDER shall be restricted to include only the owner, equitable owner or authorized agent of such owner or equitable owner of land sought to be subdivided.
SUBDIVISION.
A division of any tract of land situated within the corporate limits, or within five miles of such limits, in two or more parts for the purpose of laying out any subdivision of any tract of land or any addition of any town or city, or for laying out suburban lots or building lots, or any lots, and streets, alleys or parts or other portions intended for public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto. SUBDIVISION includes resubdivision, but it does not include the division of land for agricultural purposes in parcels or tracts of five acres or more and not involving any new street, alley or easement of access.
UTILITY EASEMENT.
An interest in land granted to the city, to the public generally, and/or to a private utility corporation, for installing or maintaining utilities across, over or under private land, together with the right to enter thereon with machinery and vehicles necessary for the maintenance of the utilities.
SURVEYOR.
A licensed state land surveyor or a registered public surveyor, as authorized by state law to practice the profession of surveying.
(Ordinance 601 adopted 2/5/07; Ordinance 648 adopted 10/4/10)
This chapter shall govern all subdivisions of land within the corporate limits of the city and within the City’s E.T.J., subject to the laws of the state. In the event that the distance from the city limits is changed by the state legislature, such distance provided for by this chapter shall thereafter conform to the distance provided by the legislature.
(Ordinance 601 adopted 2/5/07; Ordinance 648 adopted 10/4/10)
(A) 
Septic tanks.
No permit shall be issued by the city for the installation of septic tanks upon any lot for which a final plat has not been approved and filed for record, or upon any lot in a subdivision in which the standards contained herein, or referred to herein have not been complied with in full.
(B) 
Building permits.
No building, repair, plumbing, or electrical permit shall be issued by the city for any structure on a lot for which a final plat has not been approved and filed for record, nor in which the standards contained herein or referred to herein have not been complied with in full.
(C) 
Utility services.
The city shall not repair, maintain, install or provide any streets or public utility services in any subdivision for which a final plat has not been approved and filed for record, nor in which the standards contained herein or referred to herein have not been complied with in full. The city shall not sell or supply any water, electricity, or sewage service within a subdivision for which a final plat has not been approved or filed for record, nor in which the standards contained herein or referred to herein have not been complied with in full.
(Ordinance 601 adopted 2/5/07; Ordinance 648 adopted 10/4/10)
In [On] behalf of the city, the City Attorney, when directed by the City Council, shall institute appropriate action in a court of competent jurisdiction to enforce the provisions of this chapter or the standards referred to herein with respect to any violation thereof which occurs within the city, within the extraterritorial jurisdiction of the city as such jurisdiction is determined under the Municipal Annexation Act, being TEX. LOC. GOV’T. CODE §§43.001 et seq., or within any area subject to all or part of the provisions of this chapter.
(Ordinance 601 adopted 2/5/07; Ordinance 648 adopted 10/4/10)
The Planning and Zoning Commission may authorize a variance from this chapter when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Planning and Zoning Commission shall prescribe only conditions that it deems necessary to or desirable in the public interest. In making the findings herein below required, the Planning and Zoning Commission shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. No variance shall be granted unless the Planning and Zoning Commission finds:
(A) 
There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land;
(B) 
The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant;
(C) 
The granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; and
(D) 
The granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this chapter. Such findings of the Planning and Zoning Commission, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the Planning and Zoning Commission meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this chapter so that the public health, safety and welfare may be secured and substantial justice done. Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship.
(Ordinance 601 adopted 2/5/07; Ordinance 648 adopted 10/4/10)
The proposed preliminary plat may be submitted to the City Manager for his review and comments prior to the Planning and Zoning Commission. If the proposed subdivision is a replat of an existing subdivision and meets the conditions and requirements of §152.011, the proposed replat may be administratively approved subject to the review of the Planning and Zoning Commission and final approval of the City Council. Preliminary subdivision plats may be submitted to the Commission at any time for their review and comment prior to the formal application of the preliminary plat. All preliminary plats must meet the requirements of §152.026 in regard to processing and data requirements. The Planning and Zoning Commission, in accordance with §152.027, must either conditionally approve or disapprove or conditionally approve the preliminary plat with modifications within 30 days after the preliminary plat is filed with staff, and fees are paid. The City Council will have 30 days after the Planning and Zoning Commission has taken action to accept or reject the Commission’s decision. Final plat approval of the proposed subdivision will be made by the City Council in accordance with §152.035.
(Ordinance 601 adopted 2/5/07; Ordinance 648 adopted 10/4/10)
Any subdivider contesting any disapproval and/or the interpretation and/or the application of any rule, standard, regulation, determination, requirement, or necessity set forth in this chapter shall have the right, after filing a written request with the Planning and Zoning Commission as set forth in this chapter, to have a hearing thereon before said body within 21 days after the date of filing of the request. The decision of the Planning and Zoning Commission shall be final, and such further appeal shall be in accordance with appropriate law.
(Ordinance 601 adopted 2/5/07; Ordinance 648 adopted 10/4/10)
The City Engineer is authorized and directed to promulgate city standards for the design, construction, installation, location, and arrangement of streets, curbs, street lights, street signs, alleys, utility layouts, utility easements, gates for utility easements, sidewalks, water supply and water distribution systems, fire hydrants, sewage disposal systems, septic tanks, water wells, monuments, criteria for drainage easement requirements, and drainage facilities. The City Engineer may amend the standards of construction from time to time; provided that an amendment is filed with the City Secretary at least ten days before it becomes effective. No such rules, regulations and specifications shall conflict with this or any other ordinances of the city. All such improvements shall be constructed, installed, designed, located and arranged by the subdivider in accordance with such rules, regulation, standards and specifications.
(Ordinance 601 adopted 2/5/07; Ordinance 648 adopted 10/4/10)
(A) 
Generally.
A short form procedure may be followed for the approval of a subdivision when land proposed to be subdivided or resubdivided meets the following conditions and requirements:
(1) 
The land abuts upon a street of adequate width and is so situated that no additional streets and no alleys, easements or other public property are required in order to meet the requirements of this chapter.
(2) 
The perimeter of the tract being subdivided has been surveyed and marked on the ground and a plat thereof prepared and filed with the City Secretary and the nearest corner of each lot or parcel of such proposed subdivision is within 200 feet of a known corner which is adequately marked by a concrete monument or iron stake.
(3) 
The topography of the tract and the surrounding lands is such that no regard need be given in such subdivision to drainage, or, where drainage facilities are required, arrangements have been made for the construction of such facilities.
(4) 
The utilities, as required in this chapter, are in place to serve each parcel or lot of such subdivision or resubdivision, or the installation of utilities will be a minor project, the necessary easements are already existing and arrangements to provide such utilities have been made.
(B) 
Procedure and application.
The procedure set forth in this section for the processing of subdivision plats applies to short form subdivision applications. The procedures set forth in §152.008 do not apply to short form applications administratively approved as set forth herein. Formal application for short form subdivision plat approval shall be made by the subdivider in writing to the City Manager on the application form as promulgated by the Code Compliance Official. The subdivider shall submit the completed subdivision short form application with the proposed plat and required application fees. The Code Compliance Official may grant preliminary administrative approval to proceed with the subdivision process if the subdivider meets the conditions of this section.
(C) 
Copies.
The subdivider shall file with his completed subdivision application form a minimum of six blue or black line copies of the plat, and one reproducible mylar, with the Code Compliance Official. The City Manager, Code Compliance Official, or Planning and Zoning Commission may request applicants to provide additional copies of the plat as deemed necessary.
(D) 
Form and content.
The plat shall be drawn on sheets no larger than 18 inches wide and 24 inches long, with a binding margin of not less than one and one-half inches on the left side of the sheet and margins on the other three sides not less than one inch. The plat shall be drawn to a scale of 100 feet to one inch. When more than one sheet is necessary to accommodate the entire area, an index sheet showing the entire subdivision at an appropriate scale shall be attached to the plat. The plat shall show the following:
(1) 
The names and addresses of the subdivider, record owner, engineer and/or surveyor.
(2) 
The exact location, dimensions, description and name of all existing and/or proposed alleys, drainage structures, reservations, easements, and lots with accurate dimensions, bearing or deflecting angles with radii, area and central angles, degree of curvature, tangent distance and length of all curves where applicable.
(3) 
A partial vacation instrument will be duly acknowledged by the owners or proprietors of the land being vacated prior to resubdivision or replatting of the land.[:]
(a) 
With regard to a plat that is a replat of an original plat filed pursuant to statute, a partial vacation instrument signed by all property owners owning property located within the original plat or replat agreeing to the resubdivision of existing lots.
(b) 
With regard to all other plats, a partial vacation instrument duly acknowledged by the owners of the land being vacated.
(E) 
Processing.
(1) 
The subdivider shall file each subdivision plat with the City Secretary. Subdivisions accepted for processing under this section shall be accompanied by a processing fee of $200.
(2) 
The Code Compliance Official shall process the plat and ensure that it is checked for conformance to this code of ordinances and any other applicable ordinance of the city. The Code Compliance Official may request from the applicant any additional information or documentation deemed necessary to process the short form application.
(3) 
A vicinity sketch or key map at a smaller scale as approved by the City Manager, which shall show existing subdivisions, streets, easements, highways and railroads right-of-way, parks and public facilities and other landmarks in the vicinity, the general drainage plan and ultimate destination of water, and possible storm sewer, water, gas, electric and sanitary sewer connections by arrows. A key map shall extend five miles in all directions.
(4) 
The Code Compliance Official shall forward the application and all required attachments and enclosures to the City Manager with any comments.
(5) 
The Code Compliance Official shall have 30 days to approve or disapprove the plat after the plat and completed application are is [sic] formally filed and the fees are paid. The Code Compliance Official shall have the authority to administratively approve a short form subdivision application and plat if said application and plat are unconditionally approved in writing by the City Manager, Code Compliance Official, Director of Public Works, and the City Attorney. A subdivider may amend, alter, or modify his or her subdivision application and plat to address any matters raised by the city staff and to obtain unconditional application and plat approval. In the event that the Code Compliance Official does not or cannot administratively approve the plat within the 30 days, the plat shall be submitted to the Planning and Zoning Commission for consideration. The Planning and Zoning Commission shall have 30 days from the date of submission to them to approve or disapprove the plat. If the plat is disapproved, the Planning and Zoning Commission shall inform the subdivider in writing of the reasons at the time such action is taken. If the Planning and Zoning Commission approves the application and plat, such approval constitutes preliminary approval subject to review and final approval of the City Council as set forth in §153.027 [§152.027].
(6) 
If the application and plat are approved, current tax certificates submitted, and all requirements of this section have been met, the City Secretary shall cause the plat to be recorded with the County Clerk. No plat shall be recorded without the written consent of the subdivider. The subdivider shall pay all fees, if any, charged for filing the plat. If the subdivider fails to give such written consent within 60 days from the date of final approval of the plat, or fails to pay the filing fees, if any, the City Manager shall cause the plat approval to be cancelled.
(7) 
This section is to be interpreted so that if a subdivider wishes to replat, either partially or wholly, an existing subdivision, he does not need to submit a preliminary plat.
(8) 
A subdivider may present to the City Manager and Code Compliance Official a proposed sketch or outline of what he or she proposes to do without first platting the property. The Code Compliance Official and City Manager may approve the plat proposal with the mandatory condition that the subdivider then submit an application and plat in compliance with this section. This procedure does not constitute preliminary plat or final plat approval.
(Ordinance 601 adopted 2/5/07; Ordinance 648 adopted 10/4/10)
(A) 
Where the proposed subdivision constitutes a unit of a larger tract owned by the applicant, the subdivider shall be required to submit a subdivision master plan, prepared by a surveyor or engineer, of the entire area.
(B) 
The subdivision master plan shall be drawn at a scale of not less than one inch to 500 feet on a topographic map. The master subdivision plan shall include all land under control of or owned by the developer, and contain or have attached thereto:
(1) 
The names and addresses of the subdividers, record owner, engineer, and/or surveyor.
(2) 
The proposed name of the subdivision.
(3) 
The location in relation to the rest of the city and boundaries of proposed subdivision.
(4) 
A schematic layout of the entire tract and its relationship to adjacent property and existing adjoining development and the successive order of development of the tract.
(5) 
The proposed major categories of land use.
(6) 
The number of dwelling units and population densities.
(7) 
The arterial, collector, and local street layout.
(8) 
The location of sites for parks, schools, and public uses as shown in the master plan where applicable.
(9) 
Significant natural features, including floodplains and wooded areas.
(10) 
Significant manmade features, such as railroads, buildings, utilities, or physical features.
(C) 
The overall layout, if approved by the Planning and Zoning Commission, shall be attached to and filed with a copy of the approved subdivision plat in the permanent files of the City Secretary. Thereafter, plats of subsequent units of such subdivision shall conform to such approved overall layout, unless changed by the Planning and Zoning Commission. However, the Planning and Zoning Commission shall not change such approved overall layout unless the subdivider agrees to such change or the Commission finds that adherence to the previously approved overall layout will:
(1) 
Hinder the orderly subdivision of land in the area in accordance with the provisions of this chapter; or
(2) 
Be detrimental to the public health, safety, or general welfare.
(D) 
Approval of a subdivision master plan shall be effective for two years, unless reviewed by the Planning and Zoning Commission in the light of new or significant information which would necessitate a revision of the subdivision master plan. Approval may be extended for one-year periods by consent of the Planning and Zoning Commission. The subdivider shall still be required to submit a preliminary and a final plat, including construction plans, for each unit of development.
(Ordinance 601 adopted 2/5/07; Ordinance 648 adopted 10/4/10)
In certain instances the purposes of this chapter may be achieved by the development of a planned unit subdivision which does not conform with the subdivision requirements of this chapter. A large scale neighborhood development may include a combination of different dwelling types and/or a variety of land uses which creatively complement each other and harmonize with existing and proposed land uses in the vicinity. In order to encourage creative development of the land, provide locations for well-planned comprehensive developments, and provide for variety in the development pattern of the city, the Planning and Zoning Commission is empowered to grant permits for large scale neighborhood developments, subject to review and approval by the City Council.
(Ordinance 601 adopted 2/5/07; Ordinance 648 adopted 10/4/10)