[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 4/6/1982; 1982 Code, ch. 8, sec. 1)
(a) 
For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meaning ascribed to them in this section:
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 side of properties otherwise abutting on a street.
Building setback line.
The line within a property defining the minimum horizontal distance between a building and the adjacent street line.
City.
The City of Onalaska, Texas.
Council.
The city council of the City of Onalaska, Texas.
Cul-de-sac.
A street having but one (1) 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 (1) outlet.
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.
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 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.
Person.
Any individual, association, firm, corporation, governmental agency, or political subdivision.
Shall, may.
The word "shall" is always mandatory. The word "may" is merely directory.
Street.
A public right-of-way, however designated, which provides vehicular access to adjacent land.
(1) 
An "arterial street" primarily provides vehicular circulation to various sections of the city and shall be considered a traffic thoroughfare.
(2) 
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.
(3) 
A "minor street" is one used primarily for access to abutting residential property.
Surveyor.
A licensed state land surveyor or a registered public surveyor, as authorized by state statute to practice the profession of surveying.
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 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 4/6/1982; 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 4/6/1982; 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 4/6/1982; 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 as set from time to time by the city council and listed in the fee schedule maintained in the city offices. 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:
APPROVAL FOR PREPARATION OF FINAL PLAT
CITY OF ONALASKA, TEXAS
_______________________________
By Mayor
_______________________________
Date of Approval
Approval is subject to conditions enumerated in city council minutes of above date.
(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 4/6/1982; 1982 Code, ch. 8, sec. 5; Ordinance adopting 2026 Code)
(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 as set from time to time by the city council and listed in the fee schedule maintained in the city offices. 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 4/6/1982; 1982 Code, ch. 8, sec. 6; Ordinance adopting 2026 Code)
(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 4/6/1982; 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 4/6/1982; 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.
(6) 
Water system.
(A) 
All water system installations shall be constructed according to standards approved by the Onalaska Water Supply Corporation, or other water utilities and/or by the city council.
(B) 
All water system improvements shall be accomplished at the expense of and by the developer.
(7) 
Sewer system.
(A) 
All sewer system installations shall be constructed according to standards approved by the Polk County Fresh Water Supply District No. 2 and/or by the city council.
(B) 
All sewer system improvements shall be accomplished at the expense of and by the developer.
(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 4/6/1982; 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 4/6/1982; 1982 Code, ch. 8, sec. 11)