The purposes of this section are:
(1)
To set
forth the procedure and standards for submitting plats, for subdividing
property, for the layout and development of lots, land and subdivisions
within the corporate limits of the city, and the extraterritorial
jurisdiction of the city, as prescribed in this chapter and to guide
and assist the developer in correct procedures to be followed and
to furnish information of standards required.
(2)
To promote
the safe, orderly and healthful development of the city by controlling
the location, width, design and type of streets, sidewalks, storm
sewers, culverts, bridges, utilities and essential services required.
(Ordinance 1494 adopted 2/22/11)
(a)
All
property not subdivided into lots, blocks and streets within the city
or within the extraterritorial jurisdiction thereof shall hereafter
be laid out under the direction of the city council or subject to
its approval and no other subdivision will be recognized by the city.
Prior to the platting of any subdivision being considered by the city
council, the Director of Planning and Building Official will review
the plat and the Director of Planning will make recommendations.
(b)
It
shall be unlawful for any owner or agent of any owner to lay out,
subdivide or plat any land into lots, blocks and streets within the
city or within the extraterritorial jurisdiction thereof which does
not conform to all rules and regulations of the city.
(Ordinance 1494 adopted 2/22/11)
(a)
The
city hereby defines its policy to be that the city will withhold all
city improvements of whatever nature, including the maintenance of
streets and furnishing of sewerage facilities and water service, from
all additions, the platting of which has not been approved by the
city council.
(b)
No officer
or employee of the city shall do or cause to be done any work upon
any street in any addition or subdivision of the city unless all requirements
of this chapter or other regulations have been complied with by the
owner of such addition or subdivision.
(Ordinance 1494 adopted 2/22/11)
The following types of subdivision do not require approval by
the City. However, the city may not extend utilities, provide access
to public roads, or issue building permits for the development of
any property which has not received final plat approval, except as
otherwise provided by this code.
(a)
The
creation of a remainder of a tract caused by the platting of a portion
of the tract provided the remainder is larger than 20 acres.
(Ordinance 1494 adopted 2/22/11)
The City Manager of the City shall have the authority to approve:
(2)
minor
plats involving four or fewer lots fronting on an existing street
and not requiring the creation of any new street or the extension
of municipal facilities; or
(3)
a replat
pursuant to Section 212.0145 of the Texas Local Government Code that
does not require the creation of any new street or the extension of
municipal facilities.
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Plats processed under the provisions of this Section shall be
subject to all applicable regulations contained in this Chapter and
all other applicable and pertinent ordinances of the City.
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(Ordinance 1494 adopted 2/22/11)
No final plat will be approved by the City Manager or the Planning
board or City Council unless the following standards have been met:
1)
Plat substantially
conforms to the preliminary plat;
2)
Plat conforms
to requirements of the Development Code;
3)
Provision
has been made for adequate public facilities under the terms of this
Ordinance;
4)
Plat meets
all other requirements of this ordinance; and
5)
Plat conforms
generally to the Master Plan.
(Ordinance 1494 adopted 2/22/11)
The City Manager may, for any reason, elect to withhold approval
and present the plat for approval to the municipal authority responsible
for approving plats.
(Ordinance 1494 adopted 2/22/11)
The City Manager shall not disapprove any plat, and shall be
required to refer any plat which the City Manager refuses to approve
to the municipal authority responsible for approving plats within
the time period specified in Section 212.009 of the Texas Local Government
Code.
(Ordinance 1494 adopted 2/22/11)
(a)
The
city planning board may authorize a variance from these regulations.
(b)
A variance
will not be granted unless undue hardship will result from requiring
strict compliance. In granting a variance, the commission shall prescribe
only conditions that it deems necessary or desirable to the public
interest, health, safety, convenience, and welfare of the city. A
variance shall not be granted unless there exists a special circumstance
or unique condition affecting the land involved so that the strict
application of the provisions of this chapter would deprive the landowner
of substantial property right or a reasonably reasonable use of the
land, and the variance would not be detrimental to the public health,
safety, welfare and convenience, nor would be injurious to other property
in the area.
(c)
Financial
hardship alone is not sufficient to show “undue hardship.”
Therefore, a variance from the provisions of this chapter shall not
be granted solely because nonconformance is more profitable to the
developer.
(d)
All
matters pertaining to the interpretation or enforcement of rules and
regulations expressed in this chapter shall be referred to the city
engineer for decision. The decision of the city engineer may be appealed
to the city plan commission upon written notice by any of the parties
involved.
(e)
City
planning board decisions, including granting of variances, may be
appealed to the city council upon written notice by any party.
(f)
Written
notice of appeal shall be filed with the office of the Director of
Planning not later than twenty-one (21) calendar days from the date
of subject decision so that the item may be placed on the agenda for
the next available plan commission or city council meeting as the
case may be and the affected parties notified of the appeal.
(Ordinance 1494 adopted 2/22/11)
(a)
An application
will be considered complete and ready for processing only if it is
submitted in the required number and form, includes all required information,
and is accompanied by the required filing fee.
(b)
The
Director of Planning is responsible for accepting an application and
must make a determination of application completeness within seven
days of the application filing. If an application is determined to
be incomplete, the official responsible must provide paper or electronic
notice to the applicant, along with an explanation of the application’s
deficiencies.
No further processing of the application will occur until the
deficiencies are corrected. If they are not corrected within 10 days
from time of notice of deficiency, the application will be considered
incomplete and returned.
(c)
Application
procedures and logistics are as follows:
1.
On forms
approved by the City, the applicant must file the application and
plat with the Planning Department by the application deadline as determined
by the Director of Planning in conjunction with the Schedules of the
Planning Board and City Commission.
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1st submittal Preliminary and Final Plat requirements:
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7
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11 x 17 copies (for review purposes only)
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1
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copy of plat in digital pdf format as approved by the Planning
Director
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County Filing Fee
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2.
[Reserved]
3.
Comments
from the Subdivision Review Committee will be mailed or e-mailed to
the appropriate surveyor.
4.
After
comments are addressed, the plat should be resubmitted no later than
the Friday before the Planning Board Meeting or as soon as possible
if it is only administrative approval.
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Final Plat submittal requirements after approval:
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Final submittal (for property in Gregg County)
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2
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signed mylars 24 x 36
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2
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11 x 17 copies
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1
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8-1/2 x 14
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1 copy of plat in digital AutoCAD format (Drawing
file .dwg) or a Geographic Information System (GIS) shapefile
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Original tax certificate as required by state law
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Final submittal (for property in Rusk County)
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1
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24 x 18 paper copy
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1
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24 x 36 signed mylar 1 8-1/2 x 14 paper copy
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1 copy of plat in digital AutoCAD format (Drawing
file .dwg) or a Geographic Information System (GIS) shapefile
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Original tax certificate as required by state law
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(Ordinance 1494 adopted 2/22/11)
(a)
Procedure
and limitation:
(1)
Any
owner of any tract of land situated within the corporate limits of
the city, or within its extraterritorial jurisdiction, who may desire
to subdivide the same, or any part thereof, shall have a preliminary
plat prepared by a registered professional engineer, professional
land planner or a registered public land surveyor and also a final
plat prepared by a registered public land surveyor from an actual
survey of the proposed subdivision, conforming to all of the rules
and regulations set forth in this chapter, and shall submit the same
to the city plan commission for its approval.
(2)
The
practice of division of land by describing metes and bounds is by
definition an act of subdivision and is therefore subject to the regulations
expressed herein.
(b)
Preliminary
plat:
A preliminary plat shall be submitted to the city plan commission for tentative approval before the subdivider proceeds with the final plat. Such preliminary plat and a nonrefundable preliminary filing fee as provided in appendix B to this code must be filed according to the official calendar on file with the office of the Director of Planning. The plat shall be drawn to a scale which is acceptable by the City.
(1)
A
title including the name of the subdivision, developer, engineer (or
surveyor), name of survey, the scale, the date, a north point and
approximate acreage.
(2)
The
boundary lines of the tract to be subdivided with courses, angles,
and distances, the property lines and names of record owners of adjoining
undeveloped property, easements, building lines, buildings and lots,
physical features including watercourses, ravines, bridges, culverts,
drain pipes, sanitary and storm sewers, water mains, and other existing
features on the property being developed and on undeveloped properties
within two hundred (200) feet of the subject property.
(3)
Contours
based on U.S. Coast and Geodetic Survey mean sea level elevations
at intervals, as required by the city, of two (2) to five (5) feet,
and approximate flood hazard lines delineating the limits of the floodplain
on the unimproved property which have been determined by a registered
professional engineer.
(4)
Location
and width of existing streets, street names, width between curbs,
if paved, and alleys, within and adjacent to the property.
(5)
The
location, widths, and names of all proposed streets, alleys or other
public ways, all lots, blocks and all parcels of land to be dedicated
for public use.
(6)
A
vicinity map showing sufficient area to properly locate the proposed
subdivision in relation to schools, parks, shopping centers, thoroughfares
and highways.
(7)
A
designation of the proposed use of land within the subdivision.
(8)
The
approval of the preliminary plat does not constitute acceptance of
the subdivision, but is merely an authorization to proceed with the
preparation of the final plat. No work shall be done on the subdivision
before the final plat is approved. The preliminary plat will be effective
for 48 months from the date of approval by the commission or the council.
If a final plat is not submitted and approved within that period,
the preliminary plat approval will lapse.
(9)
[Reserved]
(10)
Exceptions: The preceding requirements for the preliminary plat in
this subsection are waived if the following criteria are met:
a.
The subdivision is actually a resubdivision of lots previously platted
and filed of record in plat records, Gregg or Rusk County, Texas;
or
All proposed lots of the subdivision abut upon an existing street
of adequate width such that no additional right-of-way is required;
and in either case, no construction of public streets, alleys, storm
sewers, sanitary sewers, or water mains is required within or for
extension to the subdivision;
b.
The developer first secures written permission from the Director
of Planning to waive the preliminary plat.
(c)
Final
plat or recording plat.
The final plat shall be submitted to the Director of Planning
after the preliminary plat has been approved by the Planning Board
and all changes and alterations made. No final plat will be considered
unless a preliminary plat and final as-built engineering plans have
been approved. Such final plats shall be filed in the office of the
Director of Planning by the submittal date listed on the official
calendar. The final plat shall show or be accompanied by the following
data:
(1)
Plats
shall be drawn upon sheets eight and one-half (8-1/2) inches by eleven
(11), seventeen (17) inches by twenty-three (23) inches, twenty-four
(24) inches by thirty-six (36) inches or twenty-four (24) inches by
forty-eight (48) inches and at a scale acceptable by the City.
(2)
A
title including the name of the subdivision owner or owners, and licensed
land surveyor responsible for the plat, and the scale and location
of the subdivision with reference to original land grants or surveys,
and the date and north point.
(3)
The
certification and seal of the registered licensed land surveyor who
surveyed, mapped and monumented the land should be placed on the face
of the map.
(4)
A
certification of ownership and dedication of all streets, alleys,
water lines, sewer lines, parks and playgrounds to the city for public
use forever, signed and acknowledged before a notary public by the
owner and lienholder of the land and a complete and accurate description
of the land subdivided and the streets and other improvements dedicated.
Samples of official dedication statements are located in the City
of Kilgore’s Engineering Design Manual.
(5)
An
accurate on-the-ground survey of the property with bearings and distances
and showing building lines and the lines of all streets, alleys, and
lots in the subdivision and adjacent land, streets, and alleys with
their names and width. (Streets, alleys, and lot lines in adjacent
subdivisions shall be shown dotted.) All necessary data to reproduce
the plat on the ground must be shown on the plat, including all permanent
monuments and control points.
Control points and monumentation guidelines:
(a)
A minimum of three (3) boundary control points must be established
when surveying each tract to be subdivided. These boundary control
points must be established by methods that meet the current standards
set forth by the Texas Board of Professional Land Surveying at the
time of the origination of the subdivision.
(b)
All boundary control points shall be tied to at least one (1) monument
of the city GPS control network, and that monument (or monuments)
shall be identified on the subdivision plat by name and/or point identification
number.
(c)
In the event that existing boundary monumentation does not allow
for easily repeatable measurements, additional monumentation may be
placed within the subdivision tract or existing city rights-of-way
for the purpose of boundary control points. If the boundary control
point is not a corner monument of the subdivision boundary, sufficient
information, including direction and distance, must be shown to allow
computation of the nearest boundary corner. Any boundary control point,
whether a boundary corner of the subdivision tract or not, shall be
considered a reference point to the boundary of the subdivision tract
and must be of sufficient material and stability to meet the current
minimum standards of monumentation of the Texas Board of Professional
Land Surveying.
(d)
The x-y coordinates for each boundary control point shall be provided
in NAD 83 format, using U.S. Survey Foot, for State Plane Coordinates
for Texas North Central Zone. If bearings and distances shown on the
survey plat of the subdivision tract differ from grid bearings and
distances, the appropriate rotation angle and combined scale factor,
with brief instructions for their use, must be clearly shown on the
plat.
(6)
Signature
blocks which are official certificates of approval to be signed by
the planning Board, city council and county judge.
(7)
Minimum
width of sixty (60) feet of right-of-way on residential streets and
sixty (60) feet on collectors.
(8)
No
lot intended for residential construction shall have less than five
thousand (5,000) square foot area. Lot dimensions shall conform to
the city’s ordinance requirements for front building line setbacks
and side and rear lot line clearances.
(9)
Streets.
Streets in general must conform to the following:
(a)
Public right-of-way: Right-of-way widths shall be in conformity with
the requirements of the most recently adopted Engineering Design Manual
and shall be of a width at least as great as the existing streets,
but shall in no case, be less than sixty (60) feet wide for local
residential streets, sixty (60) feet wide for through residential
streets, and eighty (80) feet wide for collectors.
(b)
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.
(c)
Alignment with existing streets. Be in line with existing streets
in adjoining subdivision.
(d)
Dead-end streets and cul-de-sacs: Except in unusual cases, no dead-end
street will be approved unless such dead-end streets are provided
to connect with future streets in adjacent land, but cul-de-sacs may
be permitted where the form or contour of the land makes it difficult
to plat with connecting streets.
Such streets shall provide proper access to all lots and shall
generally not exceed five hundred (500) feet in length, and a turnaround
shall be provided at the closed end, with an outside radius of at
least sixty (60) feet.
(e)
Reserve strips: Reserve strips controlling access to public ways
shall not be permitted.
(g)
Boundary streets: In cases where the land proposed to be subdivided
is partially or totally bounded on one (1) or more sides by a street,
way or thoroughfare having a width less than that specified in the
item above, such land shall be platted so as to provide street widths
specified.
(h)
Size of lots and blocks: The minimum lot size shall be in accordance
with the development code of the city. Lots not subject to the zoning
ordinance and, therefore, having no zoning classification shall conform
to a minimum lot area of five thousand (5,000) square feet. In general,
blocks shall be approximately one thousand (1,000) feet long, but
the length may be varied according to circulation, topography, and
provisions of the master plan. Blocks shall have a minimum width of
two hundred (200) feet.
(d)
[Reserved.]
(e)
Monuments.
Concrete or approved equal monuments, six (6) inches in diameter,
four (4) inches long, shall be placed on all corners of subdivision
boundary lines, curve points, angle points and block corners.
An iron pin, or approved equal, one-fourth of an inch in diameter
embedded at least six (6) inches in the monument shall be put in the
monument at the exact intersection point. The monuments shall be set
at such an elevation that they will not be disturbed during construction
and the top of the monument shall not be more than six (6) inches
below the natural ground after contemplated improvements are completed.
The corners of each lot shall be located and identified by an
iron pipe one-half of an inch or three-fourths of an inch in diameter,
sixteen (16) inches long driven into the ground.
(f)
Improvements;
bond or letter of credit.
The improvements listed below
in subparagraphs (1) through (6) of this paragraph (f) of this section
shall be installed prior to the approval of the final plat which is
prepared for recording purposes. In lieu of actual completion of such
improvements, the subdivider may file with the city council, a surety
bond, from a bonding company authorized to do business in this state,
to secure to the city the actual construction of such improvements
in a manner satisfactory to the commission and to a permanent line
and grade in accordance with standard specifications of the city of
or good engineering practice (if specifications are not available)
within a period specified by the commission, but such period shall
not exceed two (2) years. Such bond shall be in the amount made with
surety and conditions satisfactory to the city council. Whenever no
lots have been sold, the subdivider may vacate the plat and the bond
will be returned to the subdivider.
The subdivider, after approval of the preliminary plat, may
install these improvements only in a portion of such area, but improvements
must be installed in any portion of the area, for which a final plat
is approved for recording, and the owner may sell or lease lots only
in the improved portion of such property; provided that, water and
sewerage facilities shall be designed and built to serve the entire
area and so that they may be easily expanded or extended to serve
the entire area.
(1)
Clear
and grub and remove all rubbish for a minimum width of fifty (50)
feet on all streets.
(2)
The
developer shall bear full cost of all drainage structures including
inlets, culverts, storm sewers, manholes, and subdrains required to
carry storm drainage or groundwater on or across the property regardless
of its origin. The city may, at its option, participate in the cost
of drainage improvements. Participation must be approved individually
on the merits of the work and the availability of funds by the city
council.
(3)
Curb
and gutter on all streets meeting the city’s specifications
as set forth in the approved Engineering Design Manual and set to
proper line and grade with other necessary drainage and drainage structures
to properly drain the area.
(4)
Pavement
and width on all streets shall meet all requirements as defined in
the most recently adopted Engineering Design Manual.
(5)
Provide
and install, at developer’s expense, a complete system of city-approved
water mains of adequate size, together with suitable water connections
for each lot and appropriate surface location indicators, fire hydrants,
fittings, etc., as defined in the most recently adopted Engineering
Design Manual. The city shall be notified on construction initiation
three (3) days prior to such initiation and inspect the construction
to ensure conformance to city standards. The water connections or
taps shall be made only in the presence of the water and sewer department
representative and approved by him. All service lines shall be in
accordance with the city’s most recently adopted Engineering
Design Manual.
The size of mains, spacing of fire hydrants, valves, etc., shall
be in accordance with the city’s most recently adopted Engineering
Design Manual and shall conform to the requirements of the state fire
insurance commission, the Texas Department of Health Services and
the Texas Commission on Environmental Quality.
(6)
Provide
and install, at developer’s expense, a complete system of sanitary
sewers of adequate size, together with suitable sewer connections
for each lot and appropriate surface location indicators, and also
together with standard manholes all subject to the guidelines defined
in the city’s most recently adopted Engineering Design Manual.
Sewer pipe materials and pipe and joint specifications shall also
be in accordance with the guidelines defined in the city’s most
recently adopted Engineering Design Manual. The city shall determine
the type of pipe material to be used in each subdivision project due
to soil conditions. More than one (1) type of pipe may be required
as per the Engineering Design Manual. The city shall be notified of
construction initiation three (3) days prior to such initiation and
inspect the construction to ensure conformance to city standards.
The sewer connections or taps shall be made only in the presence of
the city water and sewer department representative and approved by
him.
The sewer mains shall be constructed in accordance with the
city’s most recently adopted Engineering Design Manual and in
accordance with all requirements of the Texas Commission on Environmental
Quality.
(7)
Provide
and install, at developer’s expense, a complete system of city-approved
drainage facilities. Drainage facilities shall be designed and constructed
at such locations and of such size and dimensions to adequately serve
the development and the contributing drainage area above the development.
All drainage facilities shall be constructed in accordance with the
most recently adopted Engineering Design Manual and all requirements
of the Environmental Protection Agency, the U.S. Corps of Engineers
and the Texas Commission on Environmental Quality. Additionally, the
developer shall obtain all permits required by these agencies. The
city shall be notified on construction initiation three (3) days prior
to such initiation and inspect the construction to ensure conformance
to city standards.
(g)
Environmental
considerations:
Whereas it is a violation of state statutes
to markedly increase the turbidity of streams, whether perennial or
intermittent; it shall be the responsibility of the developer, builders,
contractors, and others disturbing the natural surface or ground cover,
both collectively and separately to institute such precautions as
may be necessary to prohibit erosion, sediment transport, and/or siltation
into any stormwater conveyance system or onto nearby properties. It
shall be a violation of this chapter to pollute such streams by introducing
into such waterways construction debris, trees, brush, or other cleared
materials, excavated material, trash or rubbish.
(h)
Subdivider
to pay for improvements.
The subdivider may award the
contract and make payments directly to the contractor for all improvements
in the addition after the plans and specifications have been approved
by the city. No reimbursements will be made by the city for the cost
of improvements.
(i)
As-built
plans required.
The engineer representing the subdivider
must present to the city reproducible, complete as-built plans for
all paving, drainage structures, water lines and sewer facilities
within thirty (30) days after completion of each contract before the
final plat is approved.
(Ordinance 1494 adopted 2/22/11)
(a)
The
city will construct all trunk and outfall sewer lines and pay the
entire cost thereof, except where such trunk or outfall line traverses
a street; in which case the developer shall pay toward the cost of
such trunk or outfall line, his cost of constructing a sewer main
of adequate size to serve the abutting property where it required
to serve only such abutting or adjoining property as determined by
the city.
(b)
The
city shall, as part of its overall planning, have the right to require
an owner or developer to lay larger water or sewer mains than actually
required to serve the abutting property, by payment to such owner
or developer of the actual difference in cost of the pipe as required
by the city and the smaller size required to serve only the abutting
property.
(c)
Where
a water or sewer main is required to be constructed along a street
upon which property other than the owner’s or developer’s
property abuts or adjoins on the opposite side of such street, then
the developer shall be required to bear only one-half the cost of
such main, the balance of the cost of to be borne by the city, which
will be assessed against the abutting or adjoining property, when,
if, and before such property will be considered for incorporation
into the city.
(d)
A developer
or owner will not be required to install a sewer or water main of
larger size than actually required to adequately serve his addition
in accordance with the above-stated requirements.
(e)
Where
the economical spacing of fire hydrants dictates that one (1) be placed
along his outer boundaries, then and in that event, he shall pay only
the pro rata cost of such hydrant, including the fittings therefor,
in the ratio that the area of his subdivision served by such hydrant
bears to the area which is not a part of his subdivision.
(f)
The
owner or developer shall furnish free of cost to the city the necessary
right-of-way across his addition or subdivision secured by an easement
along and upon which it becomes necessary to construct its trunk or
outfall lines, other than along a designated street.
(Ordinance 1494 adopted 2/22/11)
Only contractors approved by the city will be permitted to perform
any of the work required under this chapter. Each contractor shall,
before being approved by the city to construct any part of the work,
submit satisfactory proof of carriage of insurance in the following
amounts:
(1)
Public
liability, three hundred thousand dollars ($300,000.00) and one million
dollars ($100,000.00) [sic];
(2)
Property
damage, not less than one hundred thousand dollars ($100,000.00);
(3)
Compensation
insurance.
(Ordinance 1494 adopted 2/22/11)
(a)
The
developer is to write the Director of Planning a letter requesting
final inspection.
(b)
[Reserved]
(c)
The
Director of Planning will designate an inspector.
(d)
The
person making such inspection is to write a letter to the Director
of Planning stating his findings and recommendations[.]
(e)
The
city council is to rule on final acceptance in behalf of the city.
(f)
The
Director of Planning will notify the developer in writing of the city
council’s action.
(Ordinance 1494 adopted 2/22/11)
A one-year maintenance bond with corporate surety is required
from the addition developer in the amount of ten (10) percent of the
contract price.
(Ordinance 1494 adopted 2/22/11)
(a)
The
owner or developer will be required to execute a satisfactory instrument
conveying to the city, upon completion and installation, all water
and sewer mains, valves, fire hydrants, fittings, manholes, curbs
and gutters, paving, drainage and other improvements completed by
him.
(b)
A statement,
shown in the City of Kilgore’s adopted Design Manual, acknowledging
the existence of floodplains on the property, and dedicating a floodway
easement is required.
(Ordinance 1494 adopted 2/22/11)
