These regulations, including all appendices made a part hereof,
shall be known and may be cited as the “Wilmer Subdivision Regulations,”
and shall hereinafter be referred to as “these regulations.”
(Ordinance 09-0604 adopted 6/4/09)
These Subdivision Regulations shall apply to all subdivisions
of land and all land development activities, as they are both defined
herein, and for all property identified in a deed of record, any part
of which are located within the territorial jurisdiction of the City
as established by law in effect at the time of adoption of these Subdivision
Regulations or as may be amended from time to time.
The territorial jurisdiction of the City shall be defined as
follows:
A.
The corporate
limits of the City of Wilmer, Texas; and
B.
The extraterritorial
jurisdiction of the City of Wilmer, Texas; and
C.
Any additional
area outside (A) and (B) above as permitted by law and which has been
approved by the City Council.
(Ordinance 09-0604 adopted 6/4/09)
These Subdivision Regulations, design standards and improvement
requirements for land development are adopted under the authority
of the Constitution and laws of the State of Texas, including particularly
Subchapters A and B, Chapter 212, Municipal Regulation of Subdivisions
and Property Development, of the Local Government Code, as heretofore
or hereafter amended and the provisions of Chapter 43, Municipal Annexation,
of the Local Government Code, as heretofore or hereafter amended.
In addition to its other responsibilities, the Planning and
Zoning Commission of the City of Wilmer (hereinafter “Commission”)
is vested with the authority to review, approve, conditionally approve
and disapprove applications for the platting or subdivision of land,
including land studies, all plats (preliminary plats, development
plats, final plats, amended plats, replats, and vacations of plats),
and variances from these regulations pursuant to the provisions of
Section 1.11, subject to final approval by the City Council.
The City Council, the Governing Body of the City of Wilmer,
Texas, is vested with the final authority for all plat approvals,
variances and the acceptance or refusal of dedications of land for
public purposes.
(Ordinance 14-1016, sec. 1, adopted 10/16/14)
The purpose and intent of these regulations is to provide for
the harmonious development of the community and the surrounding area;
to provide for the proper location and width of streets, building
lines, open spaces, safety and recreation facilities, utilities, drainage,
and for the avoidance of congestion of population through application
of minimum lot width, depth and area and the compatibility of design
requirements; to require and fix the extent to which and the manner
in which streets shall be graded and improved, and water, sewer, drainage,
and other utility mains and piping or connections or other physical
improvements shall be installed; and to provide for and secure the
actual construction of such physical improvements.
(Ordinance 09-0604 adopted 6/4/09; Ordinance 14-1016, sec. 2, adopted 10/16/14)
In order to carry out the purposes hereinabove stated, it is
hereby declared to be the policy of the City to consider the subdivision
of land and its subsequent development as subject to the control of
the municipality, pursuant to the most current Comprehensive Plan
adopted by City Council, for the orderly, planned, efficient and economical
development of the City and its territorial jurisdiction.
This Ordinance shall be administered such that:
A.
Land to
be subdivided and/or developed shall be of such nature, shape and
location that with proper and careful design and development it can
be safely used for building purposes without danger to health or risk
of fire, flood, erosion, landslide or other menace to the general
welfare.
B.
A final
plat shall not be recorded until the necessary public utilities and
facilities and other required improvements exist or arrangements are
made for their provision.
C.
Buildings,
lots, blocks and streets shall be arranged so as to afford adequate
light, view and air, and to facilitate fire protection, providing
ample access to buildings for emergency equipment.
D.
Land shall
be subdivided and developed with due regard to topography and existing
vegetation with the object being that the natural beauty of the land
shall be preserved to the maximum extent possible.
E.
Existing
features which would add value to development or to the City as a
whole, such as scenic and special features, both natural and manmade,
historic sites, and similar assets shall be preserved in the design
of the subdivision whenever possible.
F.
Existing
or proposed public improvements shall conform to the intent and provisions
of, and be properly related to the policies of the current Comprehensive
Plan and the Capital Improvement Plan (CIP) of the municipality. These
regulations supplement and facilitate the enforcement of the provisions
and standards contained in the Zoning Ordinance, adopted Building
Codes, up-to-date Comprehensive Plan, and the CIP of the municipality.
(Ordinance 09-0604 adopted 6/4/09; Ordinance 14-1016, sec. 2, adopted 10/16/14)
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. In addition, these regulations
shall apply to the issuance of a building permit.
(Ordinance 09-0604 adopted 6/4/09; Ordinance 14-1016, sec. 2, adopted 10/16/14)
These regulations shall not apply in the following instances:
A.
Any division
of a tract of land in the City into parcels greater than five (5)
acres, where each part has public street access and no public improvement
is being dedicated;
B.
In portions
of Dallas County in which the City has subdivision plat review, a
division of land into parcels greater than 10 acres;
C.
Any division
of land to heirs through an estate proceeding;
D.
Any division
of land by virtue of the foreclosure of a deed of trust; and
E.
Cemeteries
complying with all state and local laws and regulations.
(Ordinance 09-0604 adopted 6/4/09; Ordinance 14-1016, sec. 2, adopted 10/16/14)
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 purpose for which they are
adopted.
1.
Public
Provisions:
These regulations are not intended to interfere
with, repeal, 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 provisions of these regulations or
any other ordinance, rule or regulation, or other provision of law,
the provision that is more restrictive or imposes higher standards
shall control.
2.
Private
Provisions:
These regulations are not intended to repeal
any easement, covenant or any other private agreement or restriction,
provided that where the provisions of these regulations are more restrictive
or impose higher standards or regulations that such an easement, covenant
or other private agreement or restriction, the requirements of these
regulations shall govern. Where the provisions of the easement, covenant
or private agreement or restriction impose duties or obligations more
restrictive or standards that are higher than the requirements of
these regulations, or the determinations of the Commission or the
City Council in approving a subdivision or in enforcing these regulations,
and the private provisions are not inconsistent with these regulations,
then the private provisions shall be operative and supplemental to
these regulations and the determinations made under the regulations.
(Ordinance 09-0604 adopted 6/4/09; Ordinance 14-1016, sec. 2, adopted 10/16/14)
Upon the adoption of these regulations according to law, all
Subdivision Regulations of the City of Wilmer previously in effect
are hereby superseded, except as provided in Section 1.06.
(Ordinance 09-0604 adopted 6/4/09; Ordinance 14-1016, sec. 2, adopted 10/16/14)
A.
Each section
and each subsection of these regulations are hereby declared to be
independent of every other section or subsection so far as the passage
of these regulations are concerned and the invalidity of any section
or subsection of these regulations shall not invalidate any other
section or subsection thereof.
B.
These regulations
shall in no manner affect pending actions either civil or criminal
founded on or growing out of any ordinance or part of any ordinance
hereby repealed, and these regulations shall in no manner affect rights
or causes of action either civil or criminal not in suit that may
have already occurred or grown out of any ordinance or part of any
ordinance hereby repealed.
C.
If any section,
subsection, sentence, clause, phrase, or portion of these regulations
are for any reason held to be invalid or unconstitutional by the decision
of any Court, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity
of the remaining portions thereof.
(Ordinance 09-0604 adopted 6/4/09; Ordinance 14-1016, sec. 2, adopted 10/16/14)
A.
General:
Whenever the Commission deems that extraordinary hardship or
practical difficulties may result from strict compliance with these
regulations and/or the purpose of these regulations may be better
served by an alternative proposal, it may authorize a variance, exception
or waiver of the conditions of these regulations. In authorizing such
variance, exception or waiver, the Commission shall consider the following:
1.
The conditions
that the request is based upon constitute special circumstances or
conditions affecting the property for which the relief is sought and
are not generally applicable to other property.
2.
The variance,
exception or waiver is necessary for the reasonable and acceptable
development of the property in question, and involve a particular
hardship to the owner as distinguished from a mere inconvenience,
if the strict letter of these regulations is carried out.
3.
The granting
of the variance, exception or waiver will not be detrimental to the
public welfare or injurious to other property in the vicinity in which
the property is situated.
4.
The granting
of the variance, exception or waiver will not in any manner vary the
provisions of the Zoning Regulations, Comprehensive Plan or Official
Map, except that those documents may be amended in the manner specified
by law.
B.
Conditions:
In approving variances, exception or waiver of conditions, the
Commission may require such conditions as will, in its judgment, secure
substantially the purpose described in Section 1.04 of these regulations.
C.
Procedure:
A petition for a variance, exception, or waiver of conditions
shall be submitted in writing by the applicant at the time when the
Preliminary or Final Plat is filed for the consideration of the Commission.
The petition shall state fully the condition from which the petitioner
is seeking relief, the grounds for the application and all of the
facts relied upon by the petitioner, including the ability to meet
the conditions of Section 1.11.A above.
(Ordinance 09-0604 adopted 6/4/09; Ordinance 14-1016, sec. 2, adopted 10/16/14)
For the purpose of protecting the public, health, safety, and
general welfare, the Commission may from time to time propose amendments
to these regulations. Such proposed amendments shall be heard as part
of a public hearing following public notice as required by law. Following
recommendation by the Commission, the City Council shall make action
by approving or disapproving the amendment.
(Ordinance 09-0604 adopted 6/4/09; Ordinance 14-1016, sec. 2, adopted 10/16/14)
A.
General:
1.
It shall
be the duty of the City Officers and Officials to enforce these requirements
and to bring [to] the attention of the City Council and City Attorney
any violations of these regulations.
2.
No owner,
or agent of the owner, of any parcel of the land located in a proposed
subdivision shall transfer or sell any part of the parcel before a
Final Plat of the subdivision has been approved by the Commission
in accordance with the provisions of the regulations and filed with
the applicable public and quasi-public departments, offices or agencies
of the City and County.
3.
No building
permit shall be issued for the construction of any building or structure
located on a lot or plat subdivided or sold in violation of the provisions
of these regulations, nor shall the municipality have any obligation
to issue certificates of occupancy or to extend utility services to
any parcel created in violation of these regulations.
B.
Violations
and Penalties:
Any person, firm, association, partnership
or corporation violating the provisions of these regulations is guilty
of a misdemeanor and upon conviction thereof shall be subject to a
fine not to exceed two thousand dollars ($2,000), plus costs, for
each offense and shall stand committed to jail until such fine and
costs be paid or otherwise discharged according to law. The City of
Wilmer, Texas shall further have the authority to maintain suits or
action in any court of competent jurisdiction for the purpose of enforcing
any provisions of these regulations and to abate nuisances maintained
in violation thereof; and in addition to other remedies, institutions[,]
injunction, mandamus, or other appropriate action or proceeding to
prevent such unlawful erection, or use, or to correct or abate such
violation, or to prevent the occupancy of the building, structure
or land. Each day such violation is committed or permitted to continue,
shall constitute a separate offense and shall be punishable as a separate
offense.
(Ordinance 09-0604 adopted 6/4/09; Ordinance 14-1016, sec. 2, adopted 10/16/14)
All plans, plats or replats of land laid out in building lots,
and the streets, alleys or other portions of the same intended to
be dedicated for public use, or for the use of purchasers or owners
of the lots fronting thereon or adjacent thereto, shall be submitted
to the Commission and City Council for their official review and action
as applicable per these regulations. The County shall not record any
plat, as required by law, until such plat is approved by the Commission
and the City Council and is signed by the Chairman and Secretary of
the Planning and Zoning Commission, by the Mayor, City Secretary,
and City Engineer of the City of Wilmer, Texas, and the Fire Chief
or other authorized personnel.
(Ordinance 09-0604 adopted 6/4/09; Ordinance 14-1016, sec. 2, adopted 10/16/14)
All Final Plats shall be prepared and sealed and signed [by
a] surveyor licensed in the State of Texas. All plats and surveys
shall be based on NAD83.
(Ordinance 09-0604 adopted 6/4/09; Ordinance 14-1016, sec. 2, adopted 10/16/14)
The applicant, City Administrator, or two members of City Council
may appeal the decision of the Commission with regard to a land study,
preliminary plat, final plat, replat or variance by filing a Notice
of Appeal in the office of the City Administrator or designee, no
later than ten (10) days after the date on which the Commission notifies
the applicant of its decision. Such notification may take place by
means of an oral ruling by the Commission at a public meeting. Written
notice of any appeal shall be sent to the property owner. The Notice
of Appeal shall set forth in clear and concise fashion the basis for
the appeal. The Council shall consider the appeal at a public meeting
no later than 45 days after the decision of the Commission and may,
where appropriate, remand the plat, land study, or variance request
to the Commission for further proceedings consistent with Council’s
decision.
(Ordinance 09-0604 adopted 6/4/09; Ordinance 14-1016, sec. 2, adopted 10/16/14)
