[1]
Editor’s note–This article consists of the subdivision ordinance, Ordinance 41, adopted by the city on April 6, 1982, previously published as chapter 8 in the 1982 Code of Ordinances, as amended. Section 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 article. Changes in the names of state agencies have been incorporated without notation. Obviously misspelled words have been corrected without notation. Except for these changes, such ordinance is printed herein as published in the 1982 Code. Any other material added for purposes of clarification is enclosed in brackets.
(a)
In the interpretation and application of the provisions of this article,
it is the intention of the city council that the principles, standards,
and requirements provided for herein shall be minimum requirements
for the platting and developing of subdivisions in the city and in
its extraterritorial jurisdiction; and, where other provisions of
this code or other ordinances of the city are more restrictive in
their requirements, such other provisions or ordinances shall control.
(b)
The procedure and standards for the development, layout, and design
of subdivisions of land within the corporate limits and within the
extraterritorial jurisdiction of the city are authorized by section
212.001–212.017, Local Government Code, V.T.C.A. The extraterritorial
jurisdiction of the city is now one-half (1/2) mile from the corporate
limits. The requirements of this article shall be extended into any
and all areas of extraterritorial jurisdiction.
(c)
The term, “subdivision,” shall be interpreted to mean
the division of a parcel of land into two (2) or more lots or tracts
for the purpose of transfer of ownership, the dedication of streets,
alleys, or easements, or for use for building development; provided
that a division of land for agricultural purposes into lots or tracts
of five (5) acres or more, and not involving a new street or alley,
shall not be deemed to be a subdivision. The term includes resubdivision
and, when appropriate to the context, shall relate either to the process
of subdividing or to the land subdivided. The terms “subdivider”
and “developer” are synonymous and are used interchangeably
and shall include any person, partnership, firm, association, corporation,
and/or any officer, agent, employee, servant, and trustee thereof
who does, or participates in the doing of, any act towards the subdivision
of land within the intent, scope, and purview of this article.
(d)
All property not subdivided into lots, blocks, and streets within
the city shall hereafter be laid out according to the specifications
of this article, and no other subdivision will be recognized by the
city. Prior to the consideration of the plat by the city council,
the city secretary and/or mayor will check the plat for compliance
with these regulations and in consultation with the city’s designated
engineer, make recommendations to the city council.
(e)
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 which has not been laid off, subdivided, and platted according
to these regulations.
(f)
No officer or employee of the city shall perform or cause to perform,
any work upon any street or in any addition or subdivision of the
city, unless all requirements of these regulations have been complied
with by the owner of said addition or subdivision.
(g)
The city hereby defines its policy to be that the city will withhold
improvements of any nature whatsoever including the maintenance of
streets until the final subdivision plat has been approved by the
city council. No improvements shall be begun within the subdivision
nor any contracts made until this approval has been given. The city
reserves the right to accept or reject the maintenance of the streets
in the subdivision.
(h)
The provisions of this article shall not be construed to prohibit
the issuance of permits for any lots upon which a residence building
exists and was in existence prior to adoption of these regulations,
nor to prohibit the repair, maintenance, or installation of any street
or public utility services for, to, or abutting any lot, the last
recorded conveyance of which prior to adoption of these regulations
was by metes and bounds, and/or any subdivision, or lot therein, recorded
or unrecorded, which subdivision was in existence prior to the adoption
of these regulations. The city shall, however, be under no obligation
to maintain previously platted streets not constructed in accordance
with city street standards.
(Ordinance 41, sec. 1, adopted 4/6/82; 1982 Code, ch. 8, sec. 1)
(a)
Alley.
Building setback line.
City.
Council.
Cul-de-sac.
Dead-end street.
Engineer.
Lot.
Person.
Shall, may.
Street.
(1)
(2)
(3)
Surveyor.
Utility easement.
For the purpose of this article, the following terms, phrases, words,
and their derivations shall have the meaning ascribed to them in this
section:
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 side of properties otherwise
abutting on a street.
The line within a property defining the minimum horizontal
distance between a building and the adjacent street line.
The City of Onalaska, Texas.
The city council of the City of Onalaska, Texas.
A street having but one (1) outlet to another street, and
terminated on the opposite end by a vehicular turn-around.
A street, other than a cul-de-sac, with only one (1) outlet.
A person duly authorized under the provisions of the Texas
Engineering Registration Act, as heretofore or hereafter amended,
to practice the profession of engineering.
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 in a duly approved subdivision plat which has been properly
filed of record.
Any individual, association, firm, corporation, governmental
agency, or political subdivision.
The word “shall” is always mandatory. The word
“may” is merely directory.
A public right-of-way, however designated, which provides
vehicular access to adjacent land.
An “arterial street” primarily provides vehicular
circulation to various sections of the city and shall be considered
a traffic thoroughfare.
A “collector street” primarily provides circulation
within neighborhoods, to carry traffic from minor streets to arterial
streets, or to carry traffic through or adjacent to commercial or
industrial areas.
A “minor street” is one used primarily for access
to abutting residential property.
A licensed state land surveyor or a registered public surveyor,
as authorized by state statute to practice the profession of surveying.
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 said utilities.
(b)
Officers.
Any office referred to in this article by
title means the person employed or appointed by the city council in
that position, or his duly authorized representative.
(c)
Other terms.
Definitions not expressly prescribed herein
are to be construed in accordance with customary usage in municipal
planning and engineering practices.
(Ordinance 41, sec. 2, adopted 4/6/82; 1982 Code, ch. 8, sec. 2)
(a)
The city council may authorize a variance from these regulations
when, in its opinion, undue hardship will result from requiring strict
compliance. In granting a variance, the council shall prescribe only
conditions that it deems necessary to or desirable in the public interest.
In making the findings hereinbelow required, the council 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 subdivisions, 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 council finds:
(1)
That there are special circumstances or conditions affecting the
land involved such that the strict application of the provisions of
this article would deprive the applicant of the reasonable use of
his land.
(2)
That the variance is necessary for the preservation and enjoyment
of a substantial property right of the applicant.
(3)
That the granting of the variance will not be detrimental to the
public health, safety, or welfare, or injurious to other property
in the area.
(4)
That 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 article.
(b)
Such finding of the city council, together with the specific facts
upon which such findings are based, shall be incorporated into the
official minutes of the city council meeting at which such variance
is granted. Variances may be granted only when in harmony with the
general purpose and intent of this article 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 41, sec. 3, adopted 4/6/82; 1982 Code, ch. 8, sec. 3)
Prior to the filing of a preliminary plat, the subdivider shall
meet with the city secretary, mayor, city engineer, or other official
designated by the city council to familiarize himself with the city’s
development regulations. At the preliminary conference the subdivider
may be represented by his land planner, engineer, or surveyor. The
city secretary/mayor may invite a representative of utilities in the
area, if deemed necessary.
(Ordinance 41, sec. 4, adopted 4/6/82; 1982 Code, ch. 8, sec. 4)
(a)
The subdivider shall cause to be prepared a preliminary plat by a
surveyor or engineer in accordance with this section.
(b)
The subdivider shall file four (4) copies of the plat with the city
secretary at least twenty-one (21) days prior to the date at which
formal application for the preliminary plat approval is made to the
city council.
(c)
Such plat shall be accompanied by a filing fee of one dollar ($1.00)
per plat, plus one dollar ($1.00) per lot, or one dollar ($1.00) per
acre for commercial or industrial areas not subdivided into lots.
No action by the city council shall be valid until the filing fee
has been paid. This fee shall not be refunded should the subdivider
fail to make formal application for preliminary plat approval or should
the plat be disapproved.
(d)
Formal application for preliminary plat approval shall be made by
the subdivider in writing to the city council at an official meeting,
not less than twenty-one (21) days after filing the preliminary plat
with the city secretary.
(e)
Approval of the preliminary plat, if granted, shall be binding for
not longer than one (1) year after the date of approval of the preliminary
plat unless the final plat has been approved and recorded within the
one (1) year period.
(f)
The plat shall be drawn to a minimum scale of one hundred feet (100')
to one inch (1"), and shall [show] on it or on accompanying documents
the following:
(1)
The proposed name of the subdivision.
(2)
North point, scale, and date.
(3)
The names and addresses of the subdivider and of the engineer or
surveyor.
(4)
The tract designation, approximate acreage, and other description
according to the real estate records of Polk County and designation
of the proposed uses of land within the subdivision.
(5)
The boundary lines (accurate in scale) of the tract to be subdivided.
(6)
The names of adjacent subdivisions or the names of record owners
of the adjoining parcels of unsubdivided land.
(7)
The location, widths, and names of all existing or platted streets
or other public ways within or adjacent to the tract, existing permanent
buildings, and other important features, such as section lines, political
subdivisions or corporate lines.
(8)
All parcels of land intended to be dedicated for public use or reserved
in the deeds for the use of all property owners in the proposed subdivision.
Building setback lines shall also be shown.
(9)
The layout and widths or [of] proposed streets, alleys, and easements,
including lot and block identification and street names.
(10)
The location, size, and approximate depth of all existing utilities
shall be shown.
(11)
The proposed plan for location and size of utility lines to be constructed
in the subdivision.
(12)
Evidence of approval by the Trinity River Authority, if within the
Trinity River Authority water quality area.
(13)
Evidence of approval of the Polk County Fresh Water Supply District
No. 2.
(14)
Evidence of approval of the Onalaska Water Supply Corporation, or
other appropriate water supply and/or city council.
(15)
The following certificate should be placed on the preliminary plat:
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APPROVAL FOR PREPARATION OF FINAL PLAT
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CITY OF ONALASKA, TEXAS
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_______________________________
By Mayor
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_______________________________
Date of Approval
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Approval is subject to conditions enumerated in city council
minutes of above date.
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(g)
The conditional approval of the preliminary plat by the city council
does not constitute in any manner the acceptance of the subdivision
nor the improvements placed therein, but is merely an authorization
to proceed with the preparation of the final plat. The action of the
city council shall be noted on two (2) copies of the preliminary plat,
referenced and attached to any conditions determined. One (1) copy
shall be returned to the developer and the other copy retained as
a permanent record of the city.
(h)
No construction work shall begin on the proposed improvements in
the proposed subdivision prior to approval of the final plat by the
city council.
(i)
Within thirty (30) days after the preliminary plat is formally filed,
the city council shall conditionally approve or disapprove such plat
or conditionally approve it with modifications.
(Ordinance 41, sec. 5, adopted 4/6/82; 1982 Code, ch. 8, sec. 5)
(a)
Four (4) copies and one (1) reproducible copy of the final plat shall
be submitted by the subdivider only after all changes and alterations
shown on the preliminary plat have been made. Final plats shall be
filed with the city secretary at least twenty-one (21) days prior
to the city council meeting at which approval is requested.
(b)
Such plat shall be accompanied by a filing fee of five dollars ($5.00).
No action by the city council shall be valid until the filing fee
has been paid. This fee shall not be refunded should the subdivider
fail to make formal application for final plat approval or should
the plat be disapproved.
(c)
Formal application for final plat approval shall be made by the subdivider
in writing to the city council at an official meeting, not less than
twenty-one (21) days after filing the final plat with the city secretary.
(d)
The final plat shall be drawn upon mylar sheets twenty-four inches
(24") by thirty-six [inches] (36") and to a scale of one hundred feet
(100') to the inch, minimum, and shall, in addition to all requirements
for the preliminary plat, show on it or be accompanied by the following:
(1)
The exact location, dimensions, name and description of all existing
or recorded streets, alleys, reservations, easements, or other public
right-of-way within the subdivision, intersecting or contiguous with
its boundary or forming such boundary, with accurate dimensions, bearing
or deflecting angles and radii, area, and central angle, degree of
curvature, tangent distance and length of all curves where appropriate.
(2)
The exact location, dimensions, description and name of all proposed
streets, alleys, drainage structures, parks, other public areas, reservations,
easements, or other rights-of-way, blocks, lots, and other sites within
the subdivision with accurate dimensions, bearing or deflecting angles
with radii, area, and central angles, degree of curvature, tangent
distance, and length of all curves where appropriate.
(3)
The accurate location, material, and approximate size of all monuments.
(4)
Written approval from the city’s designated engineer on plans
and specifications for street and drainage improvements.
(5)
Written approval from the Trinity River Authority, if within the
Trinity River Authority water quality area.
(6)
Written approval from the Polk County Fresh Water Supply District
No. 2 on plans and specifications for sewer system improvements.
(7)
Written approval from the Onalaska Water Supply Corporation, or other
water utilities and/or city council, on plans and specifications for
water supply improvements.
(8)
All deed restrictions that are to be filed with the plat shall be
shown on or filed separately with the plat.
(9)
Statement that all taxes have been paid up to current date and for
all previous years.
(10)
Two (2) copies of final plat showing a plan of the proposed water
distribution system showing pipe sizes and the location of valves
and fire hydrants. Plan shall bear the seal and signature of an engineer.
(11)
Owner’s acknowledgment of the dedication to public use of all
streets, alleys, parks, and other public places shown on such final
plat.
(12)
A statement from the city council that the final plat has been approved
by such council.
(13)
A certification by the surveyor or engineer, responsible for the
preparation of the final plat and supporting data, attesting to its
accuracy.
(14)
A waiver of claim for damages against the city occasioned by the
establishment of grades or the alteration of the surface of any portion
of existing streets and alleys to conform to the grades established
in the subdivision.
(e)
If desired by the subdivider and approved by the council, the final
plat may constitute only that portion of the approved preliminary
plat which he proposes to record and develop. However, such portion
shall conform to all the requirements of this article.
(f)
Within thirty (30) days after the final plat is formally filed, the
council shall approve or disapprove such plat. If the final plat is
disapproved, the council shall inform the subdivider in writing of
the reasons at the time such action is taken.
(g)
After the final plat has been finally approved and the subdivider
has constructed all the required improvements and such improvements
have been approved, the city secretary shall, upon written consent
of the subdivider, cause the final plat to be recorded with the county
clerk of Polk County. The recording fee shall be paid by the subdivider.
(Ordinance 41, sec. 6, adopted 4/6/82; 1982 Code, ch. 8, sec. 6)
(a)
Property shall not be resubdivided which has been previously platted
by a common dedication except with the consent of all directly affected
property owners.
(b)
The replat of the subdivision shall meet all the requirements for
a new subdivision that may be pertinent, as provided herein. It shall
show the existing property being resubdivided. No preliminary plat
will be required on replats.
(c)
The consent of all utility companies that provide service to the
area being resubdivided must be obtained by the person requesting
the resubdivision.
(d)
Where any of the area to be resubdivided or replatted was, within
the immediate preceding five (5) years, limited by an interim or permanent
zoning classification to residential use for not more than two dwelling
units per lot, or if any lot in the preceding plat was limited by
deed restrictions to residential use for not more than two residential
units per lot, then the following additional procedures shall apply:
(1)
Notice of the public hearing shall be published at least fifteen
(15) days prior to the hearing, in a newspaper of general circulation
in the county.
(2)
Written notice of the public hearing shall be mailed to the owners
(according to the most recently approved ad valorem tax roll) of all
lots that are within the original subdivision and that are within
200 feet of the lots to be replatted, together with a copy of section
212.015(c) in the Local Government Code for the State of Texas.
(3)
If the proposed replat is protested in accordance with this subsection,
the proposed replat must receive, in order to be approved, the affirmative
vote of at least three-fourths of the members present of the planning
commission and/or city council, as applicable. For a legal protest,
written instruments signed by the owners of at least 20 percent of
the area of the lots or land immediately adjoining the area covered
by the proposed replat and extending 200 feet from that area, but
within the original subdivision, must be filed with the municipal
authority responsible for approving the replat, prior to the close
of the public hearing. In computing this percentage of land area,
the area of streets and alleys shall be included within the adjacent
lots.
(4)
Compliance with subsection (3) above is not required for approval of a replat of part of a preceding plat, if the area to be replatted was designated or reserved for other than single or two-family residential use, by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat.
(Ordinance 41, sec. 7, adopted 4/6/82; 1982 Code, ch. 8, sec. 7; Ordinance adopting 2015 Code)
If a proposed subdivision is located beyond the drainage area
of a sewage collection system or beyond the area of a water distribution
system, the subdivider shall be required to furnish, with his final
plat, satisfactory evidence, including but without limitation, the
results of soil tests and borings, and statements from local and state
health authorities, water engineers, and other proper officials, that
water satisfactory for human consumption may be obtained from surface
or subsurface water sources on the land and that soil conditions are
such that satisfactory sewage disposal can be provided by the use
of approved septic tanks or similar devices.
(Ordinance 41, sec. 9, adopted 4/6/82; 1982 Code, ch. 8, sec. 9)
The subdivision shall conform to the following standards and
specifications:
(1)
General.
(A)
Each lot shall front upon a public street.
(B)
Survey monuments shall be placed at all corners of boundary lines
of a subdivision.
(C)
The city may specify any areas required for the allocation of parks
and other public spaces that are essential to the proper development
of the area.
(D)
All services for utilities shall be made available for each lot in
such a manner that it will not be necessary to disturb the street
pavement or drainage structures when connections are made.
(E)
Block lengths and widths shall be provided at such intervals as to
best serve traffic adequately and to meet existing streets, or to
comply with customary subdivision practices.
(F)
Lots shall be at least one hundred feet (100') deep and shall be
at least fifty feet (50') wide. In case of irregularly shaped lots,
the minimum width shall be measured at the front building line.
(G)
All utility lines that pass under a street or alley shall be installed
before the street or alley is paved.
(H)
The front building setback line shall be a minimum of twenty feet
(20') from the property line.
(I)
In subdivisions where buildings are to be served by septic tanks,
the size of lots shall be sufficiently large to accommodate adequate
drainage fields and to meet the standards set forth by the Texas State
Department of Health, the Trinity River Authority, and the City of
Onalaska.
(2)
Streets.
(A)
Collector streets shall have a right-of-way width of sixty feet (60')
and a paving width of twenty feet (20'). Minor streets shall have
a right-of-way width of sixty feet (60') and a paving width of eighteen
feet (18'). The right-of-way and paving width of arterial streets
shall be determined by the city council.
(B)
Existing streets in adjoining areas may be continued, and shall be
at least as wide as such existing streets and in alignment therewith.
(C)
Where adjoining areas are not subdivided, the arrangement of streets
in the subdivision may make provision for the proper projection of
streets into such unsubdivided areas.
(D)
Street jogs with centerline offsets of less than fifty feet (50')
shall be avoided.
(E)
Half streets shall be prohibited.
(F)
Street intersections shall be as nearly at right angles as practicable.
(G)
Dead-end streets may be prohibited except as short stubs to permit
future expansion.
(H)
Cul-de-sacs shall have a minimum right-of-way radius of fifty feet
(50').
(I)
Names of new streets shall not duplicate or cause confusion with
the names of existing streets, unless the new streets are a continuation
of or in alignment with existing streets, in which case names of existing
streets shall be used.
(J)
Street names signs shall be installed by the developer in accordance
with city specifications on file in the office of the city secretary
at all intersections within or abutting the subdivision.
(K)
All street improvements shall be in accordance with the standard
specifications and construction detail approved by the city council
and on file in the office of the city secretary.
(L)
All street improvements will be accomplished at the expense of and
by the developer.
(3)
Alleys.
Alleys, if any, shall have a minimum width of
twenty feet (20'). Alleys shall be constructed in accordance with
standard street specifications and construction details approved by
the city council and on file in the office of the city secretary.
(4)
Utility easements.
Easements at least ten feet (10')
wide, five feet (5') on each side of the rear lot lines or side lines,
shall be provided wherever necessary for utilities.
(5)
Lot markers.
Lot markers shall be one-half inch (1/2")
reinforcing bar, eighteen inches (18") long, or approved equal, and
shall be placed at all lot corners flush with the ground, or countersunk
if necessary, in order to avoid being disturbed.
(8)
Septic tanks.
All septic tank installations shall be
installed in accordance with the standards of the Texas State Department
of Health, the Trinity River Authority, and the City of Onalaska.
(Ordinance 41, sec. 10, adopted 4/6/82; 1982 Code, ch. 8, sec. 10)
Plats shall accurately describe all subdivisions and/or additions
by metes and bounds and locate them with respect to an original corner
of the original survey of which it or they are a part. No plat shall
be accepted for recording unless the same shall accurately describe
all of said subdivision or addition by metes and bounds, and locate
the same with respect to an original corner of the original survey
of which it is a part giving the dimensions thereof of said subdivision
or addition, and dimensions of all streets, alleys, squares, parks,
or other portions of same intended to be dedicated to public use,
or for the use of purchasers or owners of lots fronting thereon or
adjacent thereto.
(Ordinance 41A adopted 4/6/82; 1982 Code, ch. 8, sec. 11)
