[1]
Editor’s note–This chapter consists of the subdivision
ordinance, Ordinance 1170 adopted November 12, 2019, as amended. Section
and subsection numbers, style, capitalization and formatting have
been changed to be consistent with the remainder of the Code of Ordinances,
and this will be maintained in future amendments to this chapter.
The term “City of Lake Worth” has been changed to “city.”
The term “this ordinance” has been changed to “this
chapter.” Changes in the names of state agencies have been incorporated
without notation. Obviously misspelled words have been corrected without
notation. Any other material added for purposes of clarification is
enclosed in brackets.
(a)
This chapter is adopted under the authority of the constitution and
laws of the State of Texas, including chapters 43 and 212, Texas Local
Government Code, as amended.
(b)
The following rules and regulations are hereby adopted as the subdivision
regulations of the city, and shall be applicable to the development
of property, the subdivision of land and the filing of plats and plans,
as defined herein and in chapter 212 of the Texas Local Government
Code. The city shall have all remedies and rights provided by said
chapter 212 with regard to the control and approval of subdivisions
and plats both within the city [sic]. The regulations herein shall
apply within the corporate limits of the city, as they may be from
time to time adjusted by annexation or disannexation.
(Ordinance 1170, sec. 10.101, adopted 11/12/19)
The provisions contained in the following sections of these
subdivision regulations shall apply to any of the following forms
or types of land subdivision and development activity within the city
limits:
(1)
The division of land into two or more tracts, lots, sites or parcels.
(2)
All subdivisions of land whether by metes and bounds division or
by plat, which were outside the jurisdiction of the city subdivision
regulations in Tarrant County, Texas and which subsequently came within
the jurisdiction of the city and its subdivision regulations through
annexation.
(3)
The division of land previously subdivided or platted into tracts,
lots, sites or parcels subject to and not in accordance with adopted
city subdivision regulations in effect at the time of such subdividing
or platting and having occurred on or after Month Day, Year. (adoption
date of current ordinance) [Ordinance 589]
(4)
The combining of two or more contiguous tracts, lots, sites or parcels
for the purpose of creating one or more legal lots except as otherwise
provided herein.
(5)
When a building permit is required on property for the following
reasons but not limited to:
(6)
For tracts where any public improvements are proposed.
(7)
Whenever a property owner proposes to divide land lying within the
city into two (2) or more tracts for purpose of development, that
results in parcels or lots all greater than five (5) acres in size,
or in the event that development of any such tract is intended, and
where no public improvement is proposed to be dedicated, he shall
first obtain approval of a concept plan and meet with the development
review committee (DRC).
(Ordinance 1170, sec. 10.102, adopted 11/12/19; Ordinance adopting 2021 Code)
These subdivision regulations are intended to protect, promote,
improve and provide for the public health, safety, and general welfare
of the citizens of the city through minimum standards which provide:
(1)
Equitable, harmonious, and efficient development and distribution
of population and land uses;
(2)
Effective transportation system providing facilities for efficient
circulation for all modes of transportation - pedestrian, bicycle,
and vehicular modes;
(3)
Adequate public facilities - communication, transportation, drainage,
water, wastewater, schools, parks, public safety and recreational
facilities, and other public facilities and services;
(4)
Protection and preservation of places of historical, cultural, natural
or architectural importance and significance to the community;
(5)
Safe, orderly, and efficient development and expansion of the city,
in accordance with and pursuant to its adopted regulations and ordinances;
and
(6)
Encouragement of the development of a stable, prospering economic
environment.
(Ordinance 1170, sec. 10.103, adopted 11/12/19)
(a)
Purpose.
To carry out the purposes hereinabove stated,
it is determined that:
(1)
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;
(2)
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, and;
(3)
There shall be an essential nexus between the requirement to dedicate
rights-of-way and easements and/or to construct public improvements
in connection with a new subdivision and the need to offset the impacts
on city public facilities systems created by such new development.
(4)
No lots within a subdivision may be sold until a plat has been considered
and acted on by the planning and zoning commission, and approved by
the city council, or approved by the appropriate administrative officers,
whichever the case may be.
(b)
Approval required.
(1)
Land development.
Before any plat within the city is
recorded with the county clerk, it shall first be approved for conformity
with the provisions of this chapter.
(2)
Permits.
Unless otherwise exempt by the terms of these
subdivision regulations, no building permit, certificate of occupancy,
plumbing permit, electrical permit, utility tap or certificate of
acceptance for required public improvements shall be issued by the
city for any parcel until:
(A)
A plat has been approved in accordance with these regulations;
(B)
All water, wastewater, streets, drainage, electrical, public utilities
and park improvements, whether they are public or private, as required
by these regulations, have been constructed and accepted by the city
in accordance with this chapter, adopted plans, or other applicable
regulations; and
(C)
Bonds or security for completion of improvements have been provided
in accordance with this chapter.
(c)
Violations.
(1)
No transfer of land in the nature of a subdivision as defined herein
shall be exempt from the provisions of this chapter unless otherwise
specified, even though the instrument or document of transfer may
describe land so subdivided by metes and bounds.
(2)
The filing of any plan or plat with the county clerk without complying
with the requirements of this chapter shall be deemed a violation
of the provisions of this chapter and is hereby prohibited.
(3)
The transfer of any land by the delivery of or by the filing of any
instrument in the nature of a conveyance without having first complied
with the requirements set forth herein shall be deemed a violation
of the provisions of this chapter and is hereby prohibited.
(d)
Exception.
There is, however, excepted from the provisions
of this chapter any conveyance transferring any land or interest in
land to or from the State of Texas or the city.
(e)
Notes.
Minimum standards for development are contained
in the zoning ordinance, the adopted building code and in this chapter.
However, the comprehensive plan and thoroughfare plan contain policies
designed to achieve an optimum quality of development. Subdivision
design should be of a quality to carry out the purpose and spirit
of the policies expressed in these plans, the regulations specified
in this chapter, and is encouraged to exceed the minimum standards
required herein.
(Ordinance 1170, sec. 10.104, adopted 11/12/19)
The provisions of these subdivision regulations shall not apply
to:
(1)
Land legally platted and approved prior to the effective date of
these subdivision regulations except as otherwise provided for herein
(construction of facilities shall conform to construction standards
in effect at the time of construction); or
(2)
Existing cemeteries complying with all state and local laws and regulations
(does not apply to new cemeteries or expansion of existing cemeteries);
or
(3)
Divisions of land created by order of a court of competent jurisdiction;
or
(4)
When a building permit is requested for unplatted or already platted
parcels for the following activities:
(A)
Replacement or reconstruction of an existing primary single-family
or duplex structure but not to exceed the square footage of the original
structure.
(B)
Additions (increase in square footage of structure) to the primary
structure but do not exceed more than 50 percent of the gross floor
area of the original structure.
(C)
Accessory buildings and/or structures in compliance with current
adopted building code.
(D)
Remodeling or repair that does not include electrical work (no expansion
of square footage) and in compliance with the current adopted building
code.
(E)
Moving a structure off a lot or parcel or for demolition permits.
(Ordinance 1170, sec. 10.105, adopted 11/12/19)
(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 standard shall control.
(Ordinance 1170, sec. 10.106, adopted 11/12/19)
Written consent of the owner of any tract of land to be developed
is required for any application relating to or for a plat, replat,
pre-application conference, plat amendment, or any application to
be reviewed by the development review committee. A representative
for the owner may provide the required written consent in place of
the owner if the representative has, in a form acceptable to the city
attorney, express written authority to act on behalf of the owner.
Written consent is required in accordance with this section, regardless
of whether these regulations refer to the party making application
as “owner,” “subdivider,” “person”
“developer” or “applicant.”
(Ordinance 1170, sec. 10.107, adopted 11/12/19)
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 1170, sec. 10.108, adopted 11/12/19)
Upon the adoption of these regulations according to law, all
subdivision regulations of the city previously in effect are hereby
superseded, except as provided in the regulations herein, Exemptions
and Applicability.
(Ordinance 1170, sec. 10.109, adopted 11/12/19)
For the purpose of protecting the public health, safety and
general welfare, the planning and zoning commission and city council
may from time to time propose amendments to these regulations which
shall then be approved or disapproved by the city council at a public
meeting.
(Ordinance 1170, sec. 10.110, adopted 11/12/19)
(a)
Violations and penalties.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this chapter shall be fined in accordance with the general penalty provision set forth in section 1.01.009 of the city municipal code for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(b)
Civil enforcement.
Appropriate civil actions and proceedings
may be maintained in law or in equity to prevent unlawful construction,
to recover damages, to impose additional penalties, to restrain, correct,
or abate a violation of these regulations, whether such violation
occurs with respect to lands within the corporate boundaries of the
city [sic]. These remedies shall be in addition to the penalties described
above.
(Ordinance 1170, sec. 10.111, adopted 11/12/19)
No person who owes delinquent taxes, delinquent assessments,
delinquent fees, or any other delinquent debts or obligations to the
city, and which are directly attributable to a piece of property,
shall be allowed to record an approved plat until the taxes, assessments,
debts or obligations directly attributable to said property and owed
by the property owner or a previous owner thereof shall have been
first fully discharged by payment, or until an arrangement satisfactory
to the city has been made for the payment of such debts or obligations.
It shall be the applicant’s responsibility to provide evidence
or proof that all taxes, assessments, debts or obligations have been
paid before any plat is filed.
(Ordinance 1170, sec. 10.112, adopted 11/12/19)
The city shall have the right to deny a hearing if the person
or applicant proposing a subdivision of land does not:
(1)
Submit all the information necessary and required for a pre-application
conference and/or plat application by the required deadlines;
(2)
Pay the required application fees (nonrefundable);
(3)
Fail to provide any other items or information as prescribed by this
and other applicable ordinances.
(Ordinance 1170, sec. 10.113, adopted 11/12/19)
Fees and charges for the filing of plats shall be as established
by separate ordinance of the city council from time to time.
(Ordinance 1170, sec. 10.114, adopted 11/12/19)
