[1]
Editor’s note–This chapter consists of the subdivision ordinance published as chapter 19-1/2 in the 1965 Code of Ordinances and later published as chapter 20 in the 1987 Code of Ordinances. 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 chapter. 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 1987 Code. Any other material added for purposes of clarification is enclosed in brackets.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning, and words and phrases not expressly defined in this section are to be determined in accordance with customary usage in municipal planning and engineering practices:
Building setback line.
A line beyond which buildings must be set back from the street lines.
Plat.
The map, drawing or chart on which a subdivider’s plan of subdivision is presented and which he submits for approval and intends to record in final form.
Replatting.
The subdivision of any part of a block of previously platted subdivision, addition or any tract or parcel of land that does not change the location of any street line or original subdivision boundary line.
Streets and alleys.
A way for vehicular traffic, whether designated as a street, as a highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place or however otherwise designated.
(1) 
Major thoroughfares or arterial streets.
Principal traffic arteries more or less continuous across the city which are intended to connect remote parts of the city and which are used primarily for fast or heavy volume traffic and shall include but not be limited to each street designated as a major street on the major street plan.
(2) 
Collector streets.
Those streets which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development.
(3) 
Minor streets.
Those streets which are used primarily for access to the abutting residential properties and which are intended to serve traffic within a limited residential district.
(4) 
Marginal access streets.
Minor streets which are parallel to and adjacent to arterial streets and highways, and which provide access to abutting properties and protection from through traffic.
(5) 
Alleys.
Minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on the street.
Street width.
The shortest [distance] between the lines which delineate the right-of-way of the street.
Subdivider and/or developer.
Any person who does, or participates in the doing of, any act toward the subdivision of land within the intent, scope and purview of this chapter.
Subdivision.
The division of a parcel of land into two (2) or more lots or parcels for the purpose of transfer of the ownership or building development, or, if a new street is involved, any division of a parcel of land; provided that a division of land for agricultural purposes into lots or parcels of five (5) acres or more and not involving a new street shall not be deemed a subdivision. The term includes resubdivision, and when appropriate to the context, shall relate to the process of subdivision or to the land subdivided.
(1987 Code, sec. 20-1)
(a) 
Before any plan, plat or replat of subdivision or addition of land inside the city or within five (5) miles of the city limits shall be recorded with the county clerk and until same has been approved by the city council in conformity with Vernon’s Ann. Civ. St. art. 974a. and the provisions of this chapter, no transfer of land in nature of a subdivision shall be exempt from the provisions of this chapter even though the instrument or document of transfer may describe land so subdivided by metes and bounds.
(b) 
The filing of any plan, plat or replat without complying with the requirements of this chapter, or the transfer of land by the filing of any instrument in the nature of a conveyance without having first complied with the requirements of this chapter, shall be deemed a violation of the provisions of this chapter.
(1987 Code, sec. 20-2)
All construction work such as street grading, street paving, storm sewers, curb and/or gutter work, sanitary sewers or water mains performed by the owner, developer or contractor shall be subject to inspection during construction by the proper authorities of the city and shall be constructed in accordance with the applicable provisions of this code.
(1987 Code, sec. 20-3)
(a) 
Violation of any provision of this chapter by any subdivider shall constitute a misdemeanor. In case a corporation is the violator of any provision of this chapter, each officer, agent and/or employee is [in] anywise responsible for such violation thereof shall be individually and severally liable for the penalties prescribed in this section; provided however, the penal provisions and application of this chapter, shall not apply to a duly qualified county clerk and/or deputy county clerk acting in their official capacity, or in anywise be construed to conflict with V.T.C.A., Penal Code section 39.01.
(b) 
No conviction under the penal provision of the chapter, or V.T.C.A., Penal Code section 39.01, shall ever be considered as any bar to any injunctive or other legal remedy, relief, right or power existing in the city, to enforce the application and provisions of this chapter by virtue of the state constitution and laws and the city charter.
(1987 Code, sec. 20-4)
Any subdivider contesting any disapproval and/or the interpretation and/or application of any rule, standard, regulation, determination, requirement or necessity set forth in this chapter directly or by delegation of authority shall have the right, after filing a written request with the secretary of the city council to have a hearing thereon before the city council within twenty-one (21) days after the date of filing of such request. The city council shall be the final judge in all such cases, and the substantial evidence rule shall apply.
(1987 Code, sec. 20-5)
(a) 
Hardship.
Where the city council finds that extraordinary hardships due to engineering considerations may result from strict compliance with the provisions of this chapter, it may vary the regulations so that substantial justice may be done and the public interest secured; provided that such variation will not have the effect of nullifying the intent and purpose of the general community plan of this chapter.
(b) 
Conditions.
In granting variances and modifications, the city council may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.
(1987 Code, sec. 20-6)
(a) 
All persons desiring to subdivide a tract of land within the city limits or within a distance of five (5) miles from the city limits shall first procure from the city secretary a copy of the rules regulating the subdivision of property. A preliminary plan, plat or replat, together with other data, shall then be filed with the city secretary for approval. The city council shall act upon same within thirty (30) days from the filing date and if the plat be not disapproved within the thirty (30) days from such date, it shall be deemed to have been approved and a certificate showing the filing date and the failure to take action thereon within thirty (30) days from the filing date, shall on demand be issued by the city council. Such certificate shall be sufficient in lieu of the written endorsement or other evidence of approval.
(b) 
If the plat is approved, the city council shall indicate such filing by certificate endorsed thereon, signed by the mayor and attested by the city secretary. No improvements shall be begun nor any contracts made until this approval has been given. Upon approval of a preliminary plat, a final plat and the construction plans shall be submitted. All plats submitted for action by the city council shall be filed with the city secretary no less than five (5) days prior to the regular monthly meeting of the city council at which it is to be considered. The city council shall keep a record of such application and the action taken thereupon, and upon the demand of the owner of any land affected shall certify its reasons for such action. The approval of the preliminary plat does not constitute an acceptance of the subdivision.
(1987 Code, sec. 20-7)
The provisions of this chapter shall govern the approval and requirements of plats of subdivisions within the corporate limits of the city and within five (5) miles of the corporate limits.
(1987 Code, sec. 20-8)
Advice and cooperation in the preparation of plats will be freely given by the city manager, but this section shall not be construed that any engineering work shall be done for the subdivider by the city.
(1987 Code, sec. 20-9)
No subdivision or other addition to the city showing reserve strips of land controlling the access to public ways or adjoining properties shall be approved unless such strips of land be conveyed to the city in fee simple.
(1987 Code, sec. 20-10)
No building permit, or any water, sewer, plumbing or electrical permit shall be issued by the city to the owner or any other person with the respect to any property in any subdivision until:
(1) 
Such time as the developer and/or owner thereof has complied with the provisions of this chapter and the final plat regarding improvements with respect to the block facing the street and/or streets on which the property abuts, including the installation of streets with proper base and paving, curb and sewers and alleys, all according to the specifications of the city;
(2) 
Until an escrow deposit sufficient to pay for the cost of such improvements as determined by the city manager computed on a private commercial rate basis has been made with the city secretary accompanied by an agreement by the developer and/or owner authorizing the city to make such improvements at prevailing private commercial rates or have the same made by a private contractor and pay for the same out of the escrow deposit, should the developer and/or owner fail or refuse to install the required improvements within the time stated in such written agreement; but in no case shall the city be obligated to make such improvements itself. Such deposit may be used by the owner and/or developer as progress payments as the work progresses in making certified requisitions to the city secretary supported by evidence of work done;
(3) 
Until the developer and/or owner files a corporate surety bond with the city secretary in a sum [equal] to the cost of such improvements for the designated area guaranteeing the installation thereof within the time stated in the bond, which time shall be fixed by the city manager.
(1987 Code, sec. 20-11)
Where a public sanitary sewer is reasonably accessible, each lot within a subdivided area shall be provided with a connection to such sanitary sewer. The minimum size for mains shall be approved by the city manager but in no case less than six (6) inches.
(1987 Code, sec. 20-12)
When any subdivision is planned that is not reasonably accessible to a public sanitary sewer, it shall provide either for the use of septic tanks or an individual sewage treatment plant as follows:
(1) 
Septic tank.
In all subdivisions planned for septic tank use, the minimum lot area shall be twelve thousand (12,000) square feet per single-family dwelling. Septic tanks shall be installed on each lot concurrent with any development thereon and the design of such system and the method of installation shall conform in all respects to the requirements of the city health officer and Public Health Service Publication No. 526, or revisions thereto. The city health officer shall have the authority to vary the lot area requirement where satisfactory evidence is presented indicating that soil conditions are such as to warrant a modification.
(2) 
Individual sewage treatment plants.
In all subdivisions planned to be serviced by an individual sewage treatment plant, lots may be of standard area and sewers shall be installed to serve each lot. The plant providing such sewage disposal facilities shall be constructed in accordance with the regulations and requirements of the state board of health and the approval and under the supervision of the city health officer and the city manager.
(1987 Code, sec. 20-13)
(a) 
Where an approved public water supply is reasonably accessible or procurable, each lot within the subdivided area shall be provided with access to such water supply. The layout shall be designed to form a loop system. No main shall be smaller than six (6) inches and the minimum size for service lines shall be two (2) inches, [and] stubs may be extended to serve a maximum of twenty (20) lots.
(b) 
In areas where a public water supply is not available, the subdivider shall construct wells in such a manner that an adequate supply of potable water shall be available to every lot in the subdivision. Such water supply system shall be constructed under the supervision of the city health officer and shall comply with all regulations of the state board of health in regard to such systems, as well as providing pipe sizes and layout requirements of subsection (a) above.
(1987 Code, sec. 20-14)
Where it shall be determined by the city manager that larger mains or lines are required in order to provide for the future extension of the utility system beyond the limits of the subdivision in question, the city shall assume the responsibility for any additional cost.
(1987 Code, sec. 20-15)
The lot size, width, depth, shape, and orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated.
(1987 Code, sec. 20-16)
Building setback lines for residential construction shall be a minimum of twenty (20) feet and no building shall be placed closer than five (5) feet from the side property lines on residential lots.
(1987 Code, sec. 20-17)
Residential lot dimensions shall be not less than seventy (70) feet in width and provide an area not less than seven thousand (7,000) square feet. The depth and width of properties served or laid out for business or industrial purposes shall be adequate to provide for off-street parking and service facilities required by the type of use or development proposed.
(1987 Code, sec. 20-18)
Corner lots for residential use shall have extra width to permit appropriate building setback from an orientation to both streets.
(1987 Code, sec. 20-19)
Double frontage and reserve frontage lots should be avoided [except] where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages to topography and orientation. A planting screen easement of at least ten (10) feet and across which there shall be no right of access, shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use.
(1987 Code, sec. 20-20)
The subdividing of land shall be such as to provide, by means of a public street, each lot with satisfactory access to an existing public street.
(1987 Code, sec. 20-22)
(a) 
Unless otherwise approved by the city council, provision must be made for the extension of major thoroughfares; collector streets shall be provided for circulation of traffic through the subdivision; and adequate local residential streets provided to accommodate the subdivision.
(b) 
All major thoroughfares and collector streets shall be continuous or in alignment with existing streets, unless variations are deemed advisable by the city council after consideration of recommendations made by the city manager. Curvilinear streets shall be allowed. Off-center street intersections shall not be approved as they sometimes slow traffic speed.
(c) 
The arrangement of streets in a new subdivision shall make provision for the continuation of the principal existing streets in adjoining areas of their extension, where adjoining property is not subdivided, insofar as they may be necessary for public requirements.
(d) 
In general, such streets shall be a width at least as great as the existing street, and in no case shall they be less than the minimum required below. The street, alley and utility easement arrangements must be such as to provide opportunity for access and use by adjoining property owners.
(1987 Code, sec. 20-23)
Major thoroughfares shall have a maximum grade of five (5) percent for a maximum continuous distance of two hundred (200) feet. All streets must have a minimum grade of at least one-half of one (1) percent. Centerline grade changes with an algebraic difference of more than two (2) percent shall be connected with vertical curves of sufficient length to provide a minimum of six hundred (600) feet sight distance on major thoroughfares and four hundred (400) feet sight distance on collector streets and local residential streets. All vertical curves must be of such length so as to provide comfortable flow of traffic. Wherever a cross slope is necessary or desirable from one (1) curb to the opposite curb, such cross slopes shall not be less than one-tenth (0.1) inch in one (1) foot nor more than one-half inch in one (1) foot.
(1987 Code, sec. 20-24)
Major thoroughfares shall have a ten-inch compacted base constructed of crushed stone. Collector streets shall have a six-inch compacted base of crushed stone, and local residential streets shall have a six-inch compacted base of crushed stone or local gravel. All crushed stone must meet standards established in item 242 or 248 of the current state department of transportation Standard Specifications for Road and Bridge Construction. Gravel shall meet the standards specified by the city manager. All street bases shall be constructed on a subgrade approved by the city manager before base material is placed. Standard methods of compaction of base shall be used, and base material shall be applied and compacted in two (2) courses. Street bases shall be approved by the city manager before a surface course is applied.
(1987 Code, sec. 20-25)
Major thoroughfares shall have a minimum dedicated width of ninety (90) feet with a minimum pavement width of sixty-four (64) feet. Collector streets shall have a minimum dedicated width of sixty (60) feet, with a maximum paving width of forty (40) feet. Local residential streets shall have a minimum dedicated width of sixty (60) feet and shall have a minimum pavement width of forty-two (42) feet from back of curb to back of curb.
(1987 Code, sec. 20-26)
Surfacing of all streets shall be mandatory, and must be completed and inspected by the city manager before streets are accepted for maintenance by the city. The minimum acceptable surface for major thoroughfares is two (2) inches of rock asphalt or hot mix asphaltic concrete, either hot or cold lay; for collector streets and residential streets one and one-half (1-1/2) inches of rock asphalt or hot mix asphaltic concrete or two-course surface treatment to meet the standards established in item 322 of the current state department of transportation Standard Specifications for Road and Bridge Construction. The type of surface course to be used shall be designated by the city manager. All street construction shall be performed by a bonded contractor who has filed a faithful performance bond for the city.
(1987 Code, sec. 20-27)
Intersections of more than two (2) streets at one (1) point shall be avoided except where it is impractical to secure a proper street system otherwise. Where several streets converge at one (1) point, setback lines, special rounding or cutoff corner and/or a traffic circle may be required to ensure safety and facility of traffic movement. No major thoroughfares shall intersect any other major thoroughfare at an angle of less than sixty (60) degrees. No collector street or local residential street shall intersect a major thoroughfare at less than sixty (60) degrees or another collector street or local residential street at less than thirty (30) degrees. Major thoroughfare intersections shall have property line corner radii with a minimum tangent distance of thirty (30) feet. Collector and residential streets curb radii at intersections shall be fifteen (15) feet measured from the face of the curb.
(1987 Code, sec. 20-28)
Major thoroughfares shall have a minimum radius at the centerline of one thousand nine hundred and ten (1,910) feet. Collector streets shall have a minimum radius at the centerline of nine hundred fifty-five (955) feet. Local residential streets shall have a minimum radius at the centerline of five hundred (500) feet, unless in special circumstances the city council approves a local residential street with a smaller minimum radius.
(1987 Code, sec. 20-29)
The system of streets designated for the subdivision, except in unusual cases, must connect with streets already dedicated in adjacent subdivisions, and where other than adjacent connections are platted, must in general be reasonable projection of streets in the nearest subdivided tracts, and must be contained to the boundaries of the tract subdivided, so that other subdivisions may connect therewith. Reserve strips of land controlling access to or egress from other property or to or from any street or alley or having the effect of restricting or damaging the adjoining property for subdivision purposes or which will not be taxable or accessible for special improvements shall not be permitted in any subdivision unless such reserve strips are conveyed to the city in fee simple.
(1987 Code, sec. 20-30)
Dead-end courts or places may be permitted where the form or contour of the land makes it difficult to plat with connecting streets; however, except in unusual cases, no dead-end streets will be approved unless such dead-end streets are provided to connect with future streets in adjacent land. Such courts or places shall provide proper access to all lots and shall generally not exceed four hundred (400) feet in length. Where the developers contemplate development of the property at the end of the dead-end street, including that portion adjoining the closed end, by the subdivision thereof into lots, then the developer shall provide a turnaround at the closed end of such dead-end street with an outside paved radius of at least forty (40) feet to the face of the curb and a minimum radius of fifty (50) feet to the property line. Where the developers contemplate the extension of such dead-end street and do not develop the property at the foot or end of the dead-end street, then a turnaround shall be provided at the closed end with an outside paved radius of at least thirty (30) feet to the back of the curb.
(1987 Code, sec. 20-31)
Alleys or loading courts shall be provided in business blocks. Alleys need not be provided in residential blocks unless they are specifically required by the city council. Where alleys are required in residential blocks, the width of such alleys is optional, but in no case may the width of such an alley be less than twenty (20) feet. All alleys shall be brought to an established grade approved by the city manager and based with six (6) inches of compacted road gravel.
(1987 Code, sec. 20-33)
In general, intersecting streets, determining block lengths, shall be provided at such intervals as to serve cross traffic adequately, and to meet existing streets or customary subdivision practices in the neighborhood. Where no existing plats control, the blocks shall be not more than six hundred (600) feet in length nor less than three hundred and twenty (320) feet in length except in unusual cases. In an unusual case where a block is allowed to be more than six hundred (600) feet long a connecting sidewalk four (4) feet wide and located on a four-foot dedicated easement may be required across the middle portion of such block for pedestrian use. Block widths shall not exceed three hundred (300) feet nor be less than two hundred forty (240) feet, except in unusual cases.
(1987 Code, sec. 20-34)
Curb and gutter shall be required to be constructed on all streets and avenues. Radial curb and gutter shall be constructed at each corner block to which curb and gutter is constructed. Lay down curbs shall be constructed across all alley intersections. All curb and gutter and all lay down curb shall be constructed in accordance with the plans and specifications on file in the office of the city manager and shall be constructed upon a compact base of minimum depth of four (4) inches and extending at least six (6) inches behind the back of the curb. All concrete used shall be class B as now specified by the state department of transportation Standard Specifications for Road and Bridge Construction, item 432. Valley gutters are required and shall be paved with concrete meeting state department of transportation specifications for class A concrete. All materials shall meet the specifications of the city.
(1987 Code, sec. 20-35)
Generally, parallel residential sidewalks will not be required, but where required, they shall not be less than four (4) feet in width, parallel to and not more than two (2) feet above or below the adjacent curb grade, and shall be located one (1) foot inside the dedicated street line and situated wholly within the dedicated street. Sidewalks abutting business property shall have a minimum width of ten (10) feet. Parkways, the area between curbs and the right-of-way line, shall be excavated or filled to a grade parallel with the longitudinal street grade, and the ground elevation at the right-of-way line shall be not more than two (2) feet, nor less than three (3) inches above the elevation of the top of the adjacent curb. Landing walks of a width not less than eighteen (18) inches may be installed abutting the rear of the curb.
(1987 Code, sec. 20-36)
Structures for drainage shall be constructed in such locations and of such size to adequately serve the subdivision and the contributing drainage area.
(1987 Code, sec. 20-37)
Before the approval of the final plat, the developer and/or owner of the subdivision shall:
(1) 
Enclose all existing open drainage ditches in concrete or corrugated metal structures of such size as will adequately serve the subdivision and adjacent drainage area;
(2) 
Make an escrow deposit with the city secretary of sufficient funds to perform such work upon the understanding that such work will be done by him within eleven (11) months following the approval of the final plat, or the city will be authorized to use the escrow deposit to perform work;
(3) 
Furnish a bond to the city secretary, payable to the city in an amount sufficient to perform such work as determined by the city manager, conditioned that he will have the work done according to specifications within eleven (11) months following the approval of the final plat.
(1987 Code, sec. 20-38)
Storm sewers shall be provided and curb inlets located so as to properly drain all streets and intersections. Sufficient curb inlets shall be provided so as to limit the maximum length of water flow on paved streets to five hundred (500) feet. The size and location of all sewers and curb inlets shall be approved by the city manager.
(1987 Code, sec. 20-39)
(a) 
Connections to the water and sanitary sewer lines of the city is mandatory unless there is substantial cause or reason for granting exceptions thereto. Owner and/or developer of the subdivision shall prepare or have prepared proper engineering plans and specifications for installation of such required water and sanitary sewer facilities in such form as required for bidding purposes. Such plans shall be formulated during and after such consultation as may be deemed necessary with the city manager and/or water department or sanitary sewer department superintendent. The city council may waive the preparation of plans and specifications for bidding purposes if such plans and specifications are prepared in accordance with city specifications and requirements and owner and/or developer desires to install such facilities or have them installed by a qualified, reputable contractor of his choice unless there is substantial cause or reason for granting exceptions thereto. Such owner and/or developer or contractor selected for installation of such facilities shall be required to submit or furnish evidence of qualification for installing such facilities and shall post such performance bond as the city shall determine to be in accord with current commercial construction rates for installing such facilities. Construction of such facilities shall be under the supervision and inspection of the city and construction shall be limited to normal working days and hours of the workweek. All services and facilities shall be extended to back of curbline to preclude street and pavement excavation when house service lines are connected. No refunds on the cost of installing services or facilities, within the subdivision by the owner and/or developer or contractor selected by him shall be made, nor shall any refunds be made if bids are issued and the bid awarded by contract.
(b) 
Owners and/or developers requiring electrical service by the city are required to place such service underground and to pay to the city, in advance and prior to commencement of installation, the sum of two hundred dollars ($200.00) per lot in the subdivision for such underground installation.
(1987 Code, sec. 20-40)
Approval of the plat shall not impose any duty upon the city concerning the maintenance of improvements of any dedicated parts indicated thereon until the proper authorities of the city shall have made actual inspection and acceptance of the same in writing.
(1987 Code, sec. 20-41)
(a) 
Any replatting of any existing subdivision or any part thereof shall meet the requirements provided for in this chapter for a new subdivision.
(b) 
Additional notification requirements for certain replats:
(1) 
Any person who wishes to revise a subdivision plat which has been previously filed for record must make an application of the proposed revised plat to the city council. The replat of the subdivision shall meet all the requirements for a subdivision that may be pertinent. However, if the subdivision as replatted does not require any appreciable alteration or improvement of utility installations, streets, alleys, building setback lines, etc., no engineering plans or preliminary plat will be required
(2) 
In the event the proposed replat involves property which has been previously developed or zoned as single-family or duplex-residential use, special requirements are triggered as follows:
(A) 
After an application is filed for a replat affecting single-family and duplex property, the city manager shall give notice of the application to be published in the official newspaper of the city at least fifteen (15) days before the date of the city council meeting at which it is to be considered. Such notice must include a statement of the time and place at which the city council will meet to consider the replat and to hear protests to the revision at a public hearing. Additionally, written notice must be sent to all owners of property located within two hundred (200) feet of the property upon which the replat is requested. Such notice may be served by depositing the notice, properly addressed and postage paid, at the local post office.
(B) 
If twenty (20) percent or more of the property owners to whom notice has been required to be given file a written protest of the replatting before or at the public hearing, the affirmative vote of at least three-fourths (3/4) of the city council members is required to approve the replat.
(1987 Code, sec. 20-42; Ordinance adopting Code)