Regulating the filing for record of Subdivision Plats and other
requirements pertinent thereto for all subdivisions situated inside
the boundaries of the City of Ingram and within the Extraterritorial
Jurisdiction (ETJ) of the City as it may from time to time be established.
Subdivision Rules and Regulations in the City or the ETJ of the City
are subject to the jurisdiction of the City Council of the City of
Ingram, Texas. “Extraterritorial Jurisdiction” has the
meaning as set out in Section 212.001, and are [as] applicable under
Section 212.003, Texas Local Government Code[.]
(Ordinance 1219062 adopted 12/19/06)
A Subdivision Plat as defined by Section 212.004 of the Local
Government Code shall be required to be prepared by the owner if a
tract of land is subject to the jurisdiction of the City Council set
forth above and is divided into two or more parts to lay out:
A.
A subdivision
of the tract, including an addition, into parts of five acres or less
and public improvements are being dedicated;
B.
A subdivision
of the tract into multiple Lots for sale to the general public; or
C.
A subdivision
of the tract with Streets, alleys, squares, parks, or other parts
of the tract intended to be dedicated to public use or for the use
of purchasers or owners of lots fronting on or adjacent to the streets,
alleys, squares, parks, or other parts.
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A division of a tract includes a division regardless of whether
it is made by using a metes and bounds description in a deed of conveyance
or in a contract for a deed, by using a contract of sale or other
executory contract to convey, or by using any other method.
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(Ordinance 1219062 adopted 12/19/06)
A subdivision shall not be subject the platting requirement
of these rules and regulations if:
A.
The owner
does not lay out a part of the tract described in Section 1.02.B or
C. and the land is to be used primarily for agricultural use, as defined
by Section 1-d, or for farm, ranch, wildlife management, or timber
production use as defined in Section 1-d-1, Article VIII, Texas Constitution.
If the land ceases to be used for agricultural use or for farm, ranch,
wildlife management, or timber production use, the platting requirement
shall apply.
B.
The tract
is divided into four or fewer parts and each of the lots is to be
sold, given, or otherwise transferred to an individual who is related
to the owner within the third degree by consanguinity or affinity,
as determined under Chapter 573, Texas Government Code; and the owner
does not lay out a part of the tract as described in Section 1.02.B
or C.
C.
All of the
lots of the subdivision are more than five acres; and the owner does
not lay out a part of the tract as described in Section 1.02.B or
C.
D.
All of the
lots are sold to veterans through the Veteran’s Land Board program;
and the owner does not lay out a part of the tract as described in
Section 1.02.C.
E.
All of the
tract of land to be divided belongs to the State or any State agency,
board, commission or owned by the permanent school fund or any other
dedicated funds of the state; and the owner does not lay out a part
of the tract as described in Section 1.02.B or C.
F.
All of the
tract of land to be divided is owned by a political subdivision of
the state; the land is situated in a floodplain; and the lots are
sold to adjoining landowners.
G.
A tract
is divided into two parts and one new part is retained by the owner,
and the other new part is to be transferred to another person who
will further subdivide the tract subject to plat approval requirements
contained herein; and the owner does not lay out a part of the tract
as described in Section 1.02.B or C.
H.
A tract
is divided and all of the parts are transferred to persons who owned
undivided interest in the original tract and a plat is filed before
any further development of any part of the tract; and the owner does
not lay out a part of the tract as described in Section 1.02.B or
C.
(Ordinance 1219062 adopted 12/19/06)
A revision of a plat previously approved shall be subject to the same rules and regulations contained herein except as specifically modified for the revision of a plat (see Section 6.04).
(Ordinance 1219062 adopted 12/19/06)
These Subdivision Regulations have been adopted based on the
following findings:
A.
The City
Council of the City of Ingram has the authority to regulate the subdivision
platting process pursuant to Texas Local Government Code, Chapter
212.
B.
The City
Council of City of Ingram has been designated by the Texas Commission
on Environmental Quality as the authorized agent for the licensing
and regulation of on-site sewage facilities within City of Ingram
and these Regulations are a necessary component of such regulation,
which authority the City has relinquished in favor of having enforcement
provided by Kerr County Environmental Department under an Interlocal
Agreement between City and County.
C.
The City
Council of City of Ingram has the authority and obligation to exercise
general control over the roads, highways, bridges and related drainage
structures and development within City of Ingram;
D.
The City
Council of City of Ingram has been granted the authority and responsibility
under the Federal Emergency Management Act to administer floodplain
development regulations within the County and to regulate associated
development;
E.
The City
Council of City of Ingram has been granted the authority pursuant
to Section 212.0101, Texas Local Government Code to require any person
seeking plat approval to show:
F.
The City
Council of City of Ingram has the authority and obligation to protect
the public health, safety and welfare of the citizens of City of Ingram;[.]
(Ordinance 1219062 adopted 12/19/06)
