This Ordinance is adopted under the authority of the Constitution
and laws of the State of Texas, compiled as V.T.C.S. Local Government
Code Chapter 212.
(Ordinance 411 adopted 5/27/93)
To promote the health, safety, morals and general welfare of
the community and the safe, orderly and healthful development of the
municipality and of the extraterritorial jurisdiction.
(Ordinance 411 adopted 5/27/93)
a.
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 sides of properties otherwise abutting on a
street.
b.
Building Setback
Line: The line within a property defining the minimum horizontal distance
between a building and the adjacent street line.
c.
City: The City
of Panhandle, Texas.
d.
City Council:
The duly elected governing body of the City of Panhandle.
e.
Commission:
The duly appointed Planning Commission of the City.
f.
Cul-de-sac:
A street having but one outlet to another street, and terminated on
the opposite end by a vehicular turn-around.
g.
Dead-end Street:
A street, other than a cul-de-sac, with only one outlet.
h.
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.
i.
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 for record.
j.
Pavement Width:
The portion of a street available for vehicular traffic where curbs
are laid. “Pavement width” is the portion between the
face of curbs.
k.
Person: Any
individual, association, firm, corporation, governmental agency or
political subdivision.
l.
Shall, May:
The word “shall” is always mandatory. The word “may”
is merely directory.
m.
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.
(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 “marginal
access street” is a street which is parallel to and adjacent
to an arterial street, and primarily provides access to abutting properties
and protection from through traffic.
(4)
A “minor
street” is one used primarily for access to abutting residential
property.
n.
Subdivider:
Any person or any agent thereof, dividing or proposing to divide land
so as to constitute a subdivision as that term is defined herein.
In any event, the term “subdivider” shall be restricted
to include only the owner, equitable owner or authorized agent of
such owner or equitable owner, of land sought to be subdivided.
o.
Subdivision:
A division of any tract of land situated within the corporate limits,
or within 1/2 mile of such limits, in two or more parts for the purpose
of laying out any subdivision of any tract of land or any addition
of any town or city, or for laying out suburban lots or building lots,
or any lots, and streets, alleys or parts or other portions intended
for public use or the use of purchasers or owners of lots fronting
thereon or adjacent thereto. “Subdivision” includes re-subdivision,
but it does not include the division of land for agricultural purposes
in parcels or tracts of five acres or more and not involving any new
street, alley or easement of access.
p.
Surveyor: A
licensed State Land Surveyor or a Registered Public Surveyor, as authorized
by State statute to practice the profession of surveying.
q.
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.
r.
Any office
referred to in this Ordinance by title means the person employed or
appointed by the City in that position, or his duly authorized representative.
s.
Definitions
not expressly prescribed herein are to be construed in accordance
with customary usage in municipal planning and engineering practices.
(Ordinance 411 adopted 5/27/93)
a.
No building,
repair, plumbing or electrical permit shall be issued by the City
for any structure on a lot in a subdivision for which a final plat
has not been approved and filed for record, nor for any structure
on a lot within a subdivision in which the standards contained herein
have not been complied with in full.
b.
The City shall
not repair, maintain, install or provide any streets or public utility
services in any subdivision for which a final plat has not been approved
and filed for record, nor in which the standards contained herein
or referred to herein have not been complied with in full.
c.
The City shall
not sell or supply any water or sewage service within a subdivision
for which a final plat has not been approved or filed for record,
nor in which the standards contained herein or referred to herein
have not been complied with in full.
d.
On behalf of
the City, the City Attorney shall, when directed by the City Council,
institute appropriate action in a court of competent jurisdiction
to enforce the provisions of this Ordinance or the standards referred
to herein with respect to any violation thereof which occurs within
the City, within the extraterritorial jurisdiction of the City as
such jurisdiction is determined under the Municipal Annexation Act,
or within any area subject to all or a part of the provisions of this
Ordinance.
e.
If any subdivision
exists for which a final plat has not been approved or in which the
standards contained herein or referred to herein have not been complied
with in full, and the City Council of the City shall pass a resolution
reciting the fact of such noncompliance or failure to secure final
plat approval, and reciting the fact that the provisions of paragraphs
a, b and c of this Section shall apply to the subdivision and the
lots therein, the City Secretary shall, when directed by the City
Council, cause a certified copy of such resolution under the corporate
seal of the City to be filed in the deed records of Carson County.
If full compliance and final plat approval are secured after the filing
of such resolution, the City Secretary shall forthwith file an instrument
in the deed records of Carson County that paragraphs a, b and c no
longer apply.
f.
Provided, however,
that the provisions of this Section 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 passage of this subdivision ordinance,
not 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 passage of this Ordinance was by metes
and bounds, and/or any subdivision, or lot therein, recorded or unrecorded,
which subdivision was in existence prior to the passage of this Ordinance.
g.
Land Suitability.
No land shall be subdivided which is held unsuitable for its
intended use by the Planning Commission for reasons of flooding, inadequate
drainage, soil and rock formations with severe limitations for development,
susceptibility to mudslides or earthslides, severe erosion potential,
unfavorable topography, inadequate water supply or sewage disposal
capabilities, or any other feature harmful to the health, safety or
welfare of the future residents or property owners of the proposed
subdivision or the community at large. However, the Planning Commission
may approve preliminary and final plats if subdividers improve land
consistent with the standards of this and other applicable ordinances
to make subdivision areas, in the opinion of the Planning Commission,
suitable for their intended uses. The Planning Commission may also
approve the preliminary and final plats if subdividers agree to make
suitable improvements and place a sum in escrow pursuant to this ordinance
to guarantee performance. In determining the appropriateness of land
subdivision at a site, the Planning Commission shall consider the
objectives of the City of Panhandle Flood Damage Prevention Ordinance.
(Ordinance 411 adopted 5/27/93)
a.
The Planning
Commission may authorize a variance from these regulations, when,
in its opinion, it would not be in the City’s best interest
to require strict compliance with the regulations. Factors that may
be taken into account in considering the City’s best interest
include: whether the development would go forward if strict compliance
were required, 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 subdivision, 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 Commission finds:
1.
That the
granting of the variance will be in the City’s best interest;
2.
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; and
3.
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 Ordinance.
Such findings of the Commission, together with the specific
facts upon which such findings are based, shall be incorporated into
the official minutes of the Commission meeting at which such variance
is granted.
b.
The Planning
Commission may authorize a variance from the plat approval process
regulations, when, in its opinion, it would not be in the City’s
best interest to require strict compliance with the regulations. Factors
that may be taken into account in considering the City’s best
interest include: whether the development would go forward if strict
compliance were required, whether bypassing certain stages of the
plat approval process would promote development of the area, the number
of proposed developers of the same area who would be adversely affected,
and the probable effect of such variance upon the public health, safety,
convenience and welfare in the vicinity. No variance shall be granted
unless the Commission finds:
1.
That the
granting of the variance will be in the City’s best interest;
2.
That the
granting of the variance will not sacrifice the integrity of the plat
approval process of the ordinance, or the applicable requirements
of state law;
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; and
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 Ordinance.
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Such findings of the Commission, together with the specific
facts upon which such findings are based, shall be incorporated into
the official minutes of the Commission meeting at which such variance
is granted.
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(Ordinance 482 adopted 2/8/01)
Prior to the official filing of a preliminary plat, the subdivider
shall meet with the City Engineer or City Manager and present a proposed
plan of subdivision for comments and advice on the procedures, specifications
and standards required by the City for the subdivision of land. The
subdivider may be represented by a land planner, engineer or surveyor.
(Ordinance 411 adopted 5/27/93; Ordinance adopting Code)
a.
General.
The subdivider shall cause to be prepared a preliminary plat
by a surveyor or engineer in accordance with this Ordinance.
b.
Time for Filing
and Copies Required.
The subdivider shall file seven
(7) blue or black line copies of the plat together with the original,
with the Commission at least 10 business days prior to the date at
which formal application for the preliminary plat approval is made
to the Commission.
c.
Filing Fees.
There shall be no fee associated with the filing with the City
of a preliminary plat and accompanying data.
d.
Formal Application.
Formal application for preliminary plat approval shall be made
by the subdivider in writing to the Commission at an official meeting.
e.
Form and Content.
The plat shall be drawn on sheets 24 inches wide and 36 inches
long, with a binding margin of not less than 2 inches on the left
side of the sheet and margins on the other three sides of not less
than 1 1/2 inches. The plat shall be drawn to a scale of 100 feet
to one (1) inch. When more than one sheet is necessary to accommodate
the entire area, an index sheet showing the entire subdivision at
an appropriate scale shall be attached to the plat. The plat shall
show the following:
(1)
Names
and addresses of the subdivider, record owner, engineer and/or surveyor.
(2)
Proposed
name of the subdivision, which shall not have the same spelling as
or be pronounced similar to the name of any other subdivision located
within the City or within 1/2 mile of the city.
(3)
Names
of contiguous subdivisions and the owners of contiguous parcels of
unsubdivided land, and an indication of whether or not contiguous
properties are platted.
(4)
Description,
by metes and bounds, of the subdivision.
(5)
Primary
control points or descriptions, and ties to such control points to
which all dimensions, angles, bearings, block numbers and similar
data shall be referred.
(6)
Subdivision
boundary lines, indicated by heavy lines, and the computed acreage
of the subdivision.
(7)
Existing
sites as follows:
(a)
The
exact location, dimensions, name and description of all existing or
recorded streets, alleys, reservations, easements or other public
rights-of-way within the subdivision, intersecting or contiguous with
its boundaries or forming such boundaries.
(b)
The
exact location, dimensions, description and name of all existing or
recorded residential lots, parks, public areas, permanent structures
and other sites within or contiguous with the subdivision.
(c)
The
exact location, dimensions, description, and flow line of existing
water courses and drainage structures within the subdivision or on
contiguous tracts.
(d)
Regulatory
flood elevations and boundaries of flood-prone areas, including flood-ways,
if known.
(8)
The exact
location, dimensions, description and name of all proposed streets,
alleys, parks, other public areas, reservations, easements or other
rights-of-way, blocks, lots and other sites within the subdivision.
(9)
A preliminary
plan for on-site sewage disposal systems, including disposal sites
for lands subject to flooding or sanitary sewers with grade, pipe
size, and points of discharge.
(10)
A preliminary
plan of the drainage system with grade, pipe size, and location of
outlet.
(11)
A preliminary
plan for proposed fills or other structure-elevating techniques, levees,
channel modifications, seawalls, and other methods to overcome flood
or erosion-related hazards.
(12)
Date
of preparation, scale of plat and north arrow.
(13)
A number
to identify each lot or site and each block.
(14)
Front
building setback lines on all lots and sites and side yard building
setback lines at street intersections
(15)
Location
of city limits line, the outer border of the City’s extraterritorial
jurisdiction, and zoning district boundaries, if they traverse the
subdivision, form part of the boundary of the subdivision, or are
contiguous to such boundary.
(16)
Vicinity
sketch or map at a scale of not more than 600 feet to an inch which
shall show existing subdivisions, streets, easements, rights-of-way,
parks and public facilities in the vicinity, the general drainage
plan and ultimate destination of water, and possible storm sewer,
water, gas, electric and sanitary sewer connections by arrows.
f.
Processing
of Preliminary Plat.
(1)
The City
Secretary shall check the preliminary plat as to its conformity with
the master plan, major street plan, land use plan, zoning districts
and the standards and specifications set forth herein or referred
to herein.
(2)
Pertinent
copies of the preliminary plat data shall be submitted to the City
Engineer who shall check the same for conformity with the standards
and specifications contained or referred to herein.
(3)
The City
Engineer shall return the preliminary plat data to the Commission
with suggestions as to modifications, additions or alterations of
such plat data. The City Engineer shall place the following certification
on the preliminary plat:
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Reviewed for Preliminary Approval:
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____________________________
City Engineer
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___________
Date
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(4)
Within
thirty (30) days after the preliminary plat is formally filed, the
Commission shall conditionally approve or disapprove such plat or
conditionally approve it with modifications. The Commission shall
place the following certification on the preliminary plat:
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Approved for Preparation of Final Plat:
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____________________________
Chairman, Planning Commission
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___________
Date
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(5)
Conditional
approval of a preliminary plat by the Commission shall be deemed an
expression of approval of the layout submitted on the preliminary
plat as a guide to the installation of streets, water, sewer and other
required improvements and utilities and to the preparation of the
final or record plat. Conditional approval of a preliminary plat shall
not constitute automatic approval of the final plat.
(6)
Conditional
approval of a preliminary plat shall be effective for one year unless
reviewed by the Commission in the light of new or significant information
which would necessitate a revision of the preliminary plat. If the
Commission should deem changes in a preliminary plat as necessary,
it shall so inform the subdivider in writing.
(7)
If no
development has occurred which affect the proposed plat, after one
year of effective approval the Commission may, upon the application
of the subdivider, extend the approval an additional six months.
(Ordinance 411 adopted 5/27/93; Ordinance adopting Code)
a.
Form and Content.
(1)
The final
plat and accompanying data shall conform to the preliminary plat as
conditionally approved by the Commission, incorporating any and all
changes, modifications, alterations, corrections and conditions imposed
by the Commission.
(2)
The final
plat shall be clearly and legibly drawn in permanent and reproducible
black ink upon tracing medium 24 inches wide and 36 inches long, with
a binding margin of not less than 2 inches on the left side of the
sheet, and margins of not less than 1 1/2 inches on the other three
sides. The plat shall be drawn at a scale of 100 feet to one (1) inch.
Where more than one sheet is necessary to accommodate the entire area,
an index sheet showing the entire subdivision at an appropriate scale
shall be attached to the plat.
(3)
The final plat shall be submitted in such number as is required by the Commission, and shall contain all of the features required for preliminary plats in Section 7 above, and it shall be accompanied by detailed cost estimates.
(4)
In addition
to the various requirements for the preliminary plat, the final plat
shall also include the following:
(a)
The
exact location, dimensions, name and description of all existing or
recorded streets, alleys, reservations, easements or other public
rights-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.
(b)
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.
(5)
When filed,
the final plat shall be accompanied by the following site improvement
data. All plans and engineering calculations shall bear the seal and
signature of an engineer.
(a)
Streets,
Alleys, Sidewalks and Monuments.
Three copies of plans
and profiles of all streets, alleys, sidewalks and monuments, and
three copies of detailed cost estimates.
(b)
Sanitary
Sewers.
1
Three
copies of the proposed plat, showing one (1) foot contours and the
proposed location and dimensions of existing sanitary sewer lines.
2
Three
copies of plans and profiles of proposed sanitary sewer lines, indicating
depths and grades of lines.
3
When
a separate sewer system or treatment plant is proposed, three copies
of proposed plans and specifications.
4
Three
copies of detailed cost estimates.
(c)
Water
Lines.
1
Three
copies of the proposed plat showing the location and size of existing
water lines and fire hydrants.
2
Three
copies of plans and profiles of all proposed water lines and fire
hydrants, showing depths and grades of the lines.
3
When
a separate water system is planned or when connection is proposed
to a water system other than to the City water system, three copies
of the plans of proposed system, including fire hydrants.
4
Three
copies of detailed cost estimates.
(d)
Storm
Drainage.
1
Three
copies of the proposed plat, indicating one (1) foot contours. All
street widths and grades shall be indicated on the plat, and runoff
figures shall be indicated on the outlet and inlet side of all drainage
ditches and at all points in the street at changes of grade or where
the water enters another street or drainage ditch. Drainage easements
shall be indicated.
2
A general
location map of the subdivision showing the entire watershed (a U.S.G.S.
quadrangle is satisfactory).
3
Calculations
showing the anticipated storm water flow, including watershed area,
percent runoff and time of concentration. When a drainage ditch is
proposed, calculations shall be submitted showing basis for design.
4
When
a drainage channel is proposed, complete plans, profiles, and specifications
shall be submitted, showing complete construction details.
5
When
conditions upstream or downstream from a proposed channel do not permit
maximum design flow, high water marks based on a twenty-five year
frequency, shall be indicated based on existing conditions.
6
Three
copies of detailed cost estimates.
(6)
The final
plat and the accompanying site improvement data and detailed cost
estimates shall be approved by the City Engineer.
(7)
The final
plat shall also include the following:
(a)
Owner’s
Certificate of Dedication:
The Certificate of Dedication
shall be executed by all persons, firms or corporations owning an
interest in the property subdivided and platted, and shall be acknowledged
in the manner prescribed by the laws of the State of Texas for conveyances
of real property. The wives of all married men executing such Certificate
of Dedication shall join their husbands therein unless satisfactory
proof be provided showing that the property to be subdivided does
not constitute any portion of such party’s homestead. In the
case of lienholders, they may execute a subordination agreement, subordinating
their liens to all public streets, alleys and public areas shown on
the Plat of such subdivision as being set aside for public uses and
purposes. The Certificate of Dedication shall, in addition to the
above requirements, contain the following:
1
An accurate
description of the tract of land subdivided.
2
A statement
and express representation that the parties joining in such Certificate
of Dedication are the sole owners of such tract of land.
3
An express
dedication to the public for public use forever of the streets, alleys,
rights-of-ways and other public places shown on the attached Plat.
(b)
The
certification of a surveyor, licensed by the State of Texas, or a
professional engineer, registered in the State of Texas, placed on
the Plat as follows:
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KNOW ALL MEN BY THESE PRESENTS:
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THAT I, __________, do hereby certify that I prepared this Plat
from an actual and accurate survey of the land and that the corner
monuments shown thereon were properly placed, under my personal supervision,
in accordance with the subdivision regulations of the City of Panhandle,
Texas.
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_____________________(SEAL)
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(c)
A Certificate
of Approval by the Planning and Zoning Commission placed on the Plat
as follows:
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Approved this __________day of__________, 20_____, by the Planning
and Zoning Commission of the City of Panhandle, Texas.
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____________________________
Chairman
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____________________________
Secretary
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(d)
Tax
certificates indicating that all taxes on the land being subdivided
have been paid to the current year.
b.
Processing
of Final Plat.
(1)
If desired
by the subdivider and approved by the Commission, 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 Ordinance.
(2)
As soon
as practical after the subdivider is notified of the approval of the
preliminary plat, the subdivider’s engineer shall submit to
the Commission at an official meeting the final plat of the subdivision
or portion thereof.
(3)
No final
plat will be considered unless a preliminary plat has been submitted.
However, if an approved plat has been duly recorded and the subdivider
wishes to increase the size of the lots by combining two or more lots
or by combining one lot with a portion of the adjacent lot in such
manner that no portion of a lot remains smaller than the original
lots, no preliminary plat will be necessary.
(4)
A final
plat of an approved preliminary plat or a portion thereof shall be
submitted to the Commission within one year of the date of approval
of preliminary plat, otherwise the approval of the Commission shall
become null and void, unless an extension of time is applied for and
granted by the Commission.
(5)
When the
final plat is filed with the Commission for approval, it shall be
accompanied by the following fees:
(6)
Within
thirty (30) days after the final plat is formally filed, the Commission
shall approve or disapprove such plat. If the final plat is disapproved,
the Commission shall inform the subdivider in writing of the reasons
at the time such action is taken.
(7)
After
the final plat has been finally approved and the subdivider has constructed
all the required improvements and such improvements have been approved,
or after the plat has been finally approved and the subdivider has
filed the security bond hereinafter provided, the Commission shall
cause the final plat to be recorded with the Carson County Clerk.
The Commission shall also cause the check or checks for the recordation
fee or fees deposited at the time the final plat was filed for approval
to be delivered with the final plat to the Carson County Clerk. No
plat shall be filed for record without the written consent of the
subdivider. If the subdivider fails to give such written consent within
thirty (30) days of the date of final approval of the plat; the Commission
may at any time thereafter cancel such approval.
c.
Vacation and
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., then 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, then
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
the two hundred feet (200') 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 percent (20%) 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, then the affirmative vote of at least
three-fourths (3/4) of the City Council members is required to approve
the replat.
(Ordinance 411 adopted 5/27/93; Ordinance adopting Code)
a.
If under Paragraph b(6), Section 8 of this Ordinance the subdivider chooses to construct the required improvements prior to recordation of the final plat, all such construction shall be inspected while in progress by the appropriate City department, and must be approved upon completion by the City Engineer. A certificate by such officer stating that the construction conforms to the specifications and standards contained in or referred to herein must be presented to the Commission prior to approval of the final plat.
b.
If under Paragraph b(7), Section 8 of this Ordinance the subdivider chooses to file security bond in lieu of completing construction prior to final plat approval, he may utilize either of the following methods of posting security. If the subdivider chooses to file security, the plat shall not be approved unless the subdivider has done one of the following:
(1)
Has filed
with the Commission a bond executed by a surety company holding a
license to do business in the State of Texas, and acceptable to the
Commission, in an amount equal to the cost of the improvements required
by this Ordinance as estimated by the City Engineer; conditioned that
the subdivider will complete such improvement within one (1) year
after approval of such plat, such bond to be approved as to form and
legality by the City Attorney; or
(2)
Has placed
on deposit in a bank or trust company selected by the subdivider and
approved by the Commission in a trust account, a sum of money equal
to the estimated cost of all site improvements required by this Ordinance.
The estimated cost of such improvements shall be the cost as estimated
by the City Engineer. Selection of the trustee shall be subject to
approval by the Commission, and the trust agreement shall be approved
as to form and legality by the City Attorney.
c.
If security
is filed by the subdivider under Paragraph b of this Section, the
City Engineer shall inspect the construction of the improvements while
in progress, and he shall inspect such improvements upon completion
of construction. After final inspection, he shall notify the subdivider
and the City Attorney in writing as to his acceptance or rejection
of the construction. He shall reject such construction only if it
fails to comply with the standards and specifications contained or
referred to herein. If he rejects such construction, the City Attorney
shall, on direction of the City Council, proceed to enforce the guarantees
provided in this Ordinance.
d.
Where good
cause exists, the City Engineer may extend the period of time for
completion under Paragraph b of this Section for an additional period
of time not to exceed six (6) months if the subdivider has not completed
the required site improvements or completed such improvements in compliance
with this Ordinance. No such extension shall be granted unless security
as provided in such Paragraph b has been provided by the subdivider
covering the extended period of time.
(1993 Code of Ordinances, Chapter 6, Sec. 6-1)
No preliminary or final plat shall be approved by the Commission,
and no completed improvements shall be accepted by the City Engineer
unless they conform to the following standards and specifications:
a.
General.
(1)
Conformity
with comprehensive plan. The subdivision shall conform to the comprehensive
plan of the City of Panhandle and the parts thereof.
(2)
Provision
for future subdivisions. If a tract is subdivided into parcels larger
than ordinary building lots, such parcels shall be arranged to allow
the opening of future streets.
(3)
Reserve
strips prohibited. There shall be no reserve strips controlling access
to land dedicated or intended to be dedicated to public use.
b.
Streets.
(1)
Street
layout. Adequate streets shall be provided by the subdivider and the
arrangement, character, extent, width, grade and location of each
shall conform to the comprehensive plan of the City and shall be considered
in their relation to existing and planned streets, to topographical
conditions, to public safety and convenience, and in their appropriate
relationship to the proposed uses of land to be served by such streets.
The street layout shall be devised for the most advantageous development
of the entire neighborhood.
(2)
Relation
to adjoining street system. Where necessary to the neighborhood pattern,
existing streets in adjoining areas shall be continued, and shall
be at least as wide as such existing streets and in alignment therewith.
(3)
Projection
of streets. Where adjoining areas are not subdivided, the arrangement
of streets in the subdivision shall make provision for the proper
projection of streets into such unsubdivided areas.
(4)
Street
jogs. Whenever possible, street jogs with center line offsets of less
than 125 feet shall be avoided.
(5)
Half-streets
or adjacent streets. In the case of collector, minor or marginal access
streets, no new half-streets shall be platted.
(6)
Street
intersections. Street intersections shall be as nearly at right angles
as practicable, giving due regard to terrain topography.
(7)
Dead-end
streets. Dead-end streets shall be prohibited except as short stubs
to permit future expansion.
(8)
Cul-de-sacs.
In general, cul-de-sacs shall not exceed 400 feet in length, and shall
have a turnaround of not less than 77 feet in diameter.
(9)
Marginal
access streets. Where a subdivision has frontage on an arterial street,
there shall be provided a marginal access street on both sides or
on the subdivision side of the arterial street, if the arterial street
borders the subdivision, unless the adjacent lots back up to the arterial
street, or unless the Commission determines that such marginal access
streets are not desirable under the facts of a particular case for
adequate protection of the lots and separation of through and local
traffic.
(10)
Streets
on comprehensive plan. Where a subdivision embraces a street as shown
on the comprehensive plan of the City, such street shall be platted
in the location and of the width indicated by the comprehensive plan.
(11)
Minor
street. Minor streets shall be laid out so as to discourage their
use by through traffic.
(12)
Pavement
widths and rights-of-way. Pavement widths and rights-of-way shall
be as follows:
(a)
Arterial
streets shall have a right-of-way width of at least 80 feet, with
a pavement width of at least 37 feet.
(b)
Collector
streets shall have a right-of-way of at least 80 feet and a pavement
width of at least 37 feet.
(c)
Minor
streets shall have a right-of-way of at least 60 feet and a pavement
width of at least 37 feet.
(d)
Nonresidential
marginal access streets shall have a right-of-way width of at least
60 feet and a pavement width of a least 37 feet.
(e)
Residential
marginal access streets shall have a right-of-way width of at least
60 feet and a pavement width of at least 37 feet.
(13)
Pavement
widths and rights-of-way of streets forming part of the subdivision
(adjacent) shall be as follows:
(a)
The
subdivider shall dedicate a right-of-way of 80 feet in width for new
adjacent arterial streets, and 37 feet of such right-of-way shall
be paved.
(b)
New
adjacent collector, minor or marginal access streets shall conform
to Paragraph b(12) of this Section.
(c)
Where
the proposed subdivision abuts upon an existing street or half-street
that does not conform to Paragraph b(12) of this Section; the subdivider
shall dedicate right-of-way sufficient to make the full right-of-way
width conform to such Paragraph, and there shall be paved so much
of such right-of-way as to make the full pavement width comply with
such Paragraph.
(14)
Curbs.
Curbs shall be installed by the subdivider on both sides of all interior
streets, and on the subdivision side of all streets forming part of
the boundary of the subdivision.
(15)
Street
names. 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.
(16)
Street
lights. Street lights shall be installed by the subdivider at all
street intersections within the subdivision, and at adjacent intersections
on the boundaries of the subdivision.
(17)
Street
signs. Street signs shall be installed by the City at subdivider expense
at all intersections within or abutting the subdivision.
c.
Alleys.
(1)
Width
and paving. Alleys of not less than 20 feet in right-of-way width
and pavement width shall be installed by the subdivider in all business
and industrial areas. In residential areas, alleys not less than 20
feet in right-of-way width, with a paved surface of not less than
16 feet in width, shall be optional. All alley paving shall be done
in accordance with City standards. Alleys shall be approximately parallel
to the frontage of the street.
(2)
Intersecting
alleys of utility easements. Where two alleys or utility easements
intersect or turn at a right angle, a cutoff of not less than twenty
(20) feet from the normal intersection of the property or easement
line shall be provided along each property or easement line.
(3)
Dead-end
alleys. Dead-end alleys shall not be permitted.
(4)
Over-hang
easements. In all alleys, over-hang easements for electric and telephone
lines of at least four (4) feet on each side of the alley strip at
a height at or above eighteen (18) feet shall be provided.
(5)
Alleys
which do not connect on a straight course. If alleys are not themselves
straight within each block, or if the same do not connect on a straight
course with the alleys of adjoining blocks, then an easement shall
be provided for the placing of guy wires on lot division lines in
order to support poles set on curving or deviating rights-of-way of
alleys.
d.
Utility easements.
(1)
Each
block that does not contain an alley as provided for in Paragraph
c of this Section shall have a utility easement at the rear of all
lots reserved for the use of all public utility lines, conduits and
equipment. These utility easements shall be 20 feet in width, taking
feet from each lot where the rear of two lots abut each other, and
shall be continuous for the entire length of the block. These easements
shall parallel as closely as possible the street line frontage of
the block. Such easement shall not be considered a part of the lot
area for purposes of minimum lot-size requirements of this Ordinance.
(2)
Normal
curb exposure shall be required where utility easements intersect
streets.
(3)
Over-hang
easements of at least four (4) feet on each side of the twenty (20)
foot easement strip, at a height at or above eighteen (18) feet shall
be provided in all utility easements.
(4)
Where
utility easements are not themselves straight within each block, or
if the same do not connect on a straight course with the utility easements
of adjoining blocks, then an additional easement shall be provided
for the placing of guy wires on lot division lines in order to support
poles set on curving or deviating rights-of-way or alleys.
e.
Sidewalks.
Sidewalks are not required. If the subdivider provides sidewalks,
they shall be provided at subdivider expense and must be four (4)
feet wide.
f.
Water Installations.
(1)
Water
supply and distribution. All subdivisions shall be provided with water
supply and water distribution systems approved by the City of Panhandle.
(2)
Fire
hydrants. Standard fire hydrants shall be installed as part of the
water distribution system per specifications of the Fire Chief of
the city and of the State Board of Insurance.
g.
Sewers.
All subdivisions shall be provided with an approved sewage disposal
system. If a lift station is required, the cost shall be paid by the
subdivider.
h.
Utility Lines.
All utility lines that pass under a street or alley shall be
installed before the street or alley is paved. When it is necessary
that utility lines pass under the street or alley pavement, they shall
be installed to a point at least three feet beyond the edge of the
pavement.
i.
Monuments.
(1)
Monuments
shall be located at the intersection of a line three feet north from
and parallel to the north line of each block with a line three feet
east from and parallel to the east line of the block, unless such
point of intersection occurs within the limits of street paving. In
such a case, alternate monument locations shall be approved by the
City Engineer.
(2)
Where,
due to topographic conditions, permanent structures, or other conditions,
the view is obstructed between any two adjacent monuments, intermediate
monuments shall be so set as to assure a clear view between adjacent
monuments.
j.
Drainage.
(1)
Easement.
Where a subdivision is traversed by a water course, drainage way,
natural channel or stream, there shall be provided an easement or
right-of-way conforming substantially to the limit of such water course,
plus additional width to accommodate future needs.
(2)
Drainage
facilities. Drainage facilities shall be provided and constructed
as specified by the City Engineer.
k.
Aviation
hazard easements.
Plats located within an area designated
by the City as being subject to aviation hazards shall dedicate an
aviation hazard Easement to the City over and across that property
so designated. This Easement shall establish a maximum height restriction
on the use of property and to hold the public harmless for any damages
caused by notice, vibration, fumes, dust, fuel, fuel particles or
other effects that may be caused by the operation of aircraft taking
off from, landing or operating on, or near public Airport facilities.
l.
Blocks.
Block lengths shall not exceed 680 feet.
m.
Lots.
(1)
Sewered
Lots. Where off-lot sewerage is provided, each residential lot shall
have an area of at least 7,000 square feet, shall be at least 140
feet deep and shall be at least 50 feet wide. In case of irregularly
shaped lots, the minimum width shall be measured at the front building
line.
(2)
Corner
lots. Corner lots shall be at least 50 feet wide. Lots abutting on
crosswalk ways shall be treated as corner lots.
(3)
Frontage.
Each lot shall front upon a public street. Lots of irregular shape
shall not be allowed unless they have a street frontage of at least
40 feet.
(4)
Side
lot lines. Side lot lines shall be substantially at right angles to
straight street lines and radial to curved street lines.
(5)
Minimum
setback lines. Minimum front building setback lines shall be required
of at least 30 feet. Where a corner lot is a key lot (where lots face
the frontage street and other lots face the side street), the corner
lot shall have at least the minimum building setback line on both
streets. Where a corner lot is not a key lot, it shall have a minimum
building setback line of the side street of at least five (5) feet.
(6)
Rear
yards. Minimum rear yard depths shall be required of at least 20 percent
(20%) of the depth of the lot, however, the depth need not exceed
30 feet from the centerline of the alley or rear utility easement.
(7)
Side
yards. Minimum side yards on each side of buildings on interior lots
and on the building side of corner lots, shall be required of at least
ten percent (10%) of the width of the lot, or five (5) feet, whichever
is greater. Lots abutting on crosswalk ways shall be treated as corner
lots.
(8)
Extra
depth and width in certain cases. Where a lot in a residential area
backs up to a railroad right-of-way, a high-pressure gasoline, oil
or gas line, an arterial street, an industrial area, or other land
use which has a depreciating effect on the residential use of property,
and where no marginal access street or other street is provided at
the rear of such lot, additional depth shall be required by the Commission.
(1993 Code of Ordinances, Chapter 6, Sec. 6-1)
Nothing in this Ordinance should, is intended to or shall be
construed to create any liability of the City, its officers, employees
or agents to any third person as a result of acts or omissions relating
to this Ordinance.
(1993 Code of Ordinances, Chapter 6, Sec. 6-1)
All of the regulations provided in this Ordinance are hereby
declared to be governmental and for the health, safety and welfare
of the general public. Any member of the City Council or any City
official or employee charged with the enforcement of this Ordinance,
acting for the City of Panhandle in the discharge of his or her duties,
shall not thereby render himself or herself personally liable; and
he or she is hereby relieved from all personal liability for any damage
that might accrue to persons or property as a result of any act required
or permitted in the discharge of his or her said duties.
(1993 Code of Ordinances, Chapter 6, Sec. 6-1)
It is hereby declared to be the intention of the City Council
that the sections, paragraphs, sentences, clauses and phrases of this
Ordinance are severable, and if any phrase, clause, sentence, paragraph
or section of this Ordinance shall be declared invalid or unconstitutional
by the valid judgment or decree of any court of competent jurisdiction,
such validity or unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs and sections of this Ordinance,
since the same would have been enacted by the City Council without
the incorporation in this Ordinance of any such invalid or unconstitutional
phrase, clause, sentence, paragraph or section.
(1993 Code of Ordinances, Chapter 6, Sec. 6-1)
(a)
Any person,
firm or corporation who shall violate any of the provisions of this
chapter or who shall fail to comply with any provisions hereof in
connection with the platting, improvement or creating of any building
lot within the corporate limits of the City shall be guilty of a misdemeanor
and, upon conviction, shall be subject to a fine not to exceed $200.00.
Each day such violation continues shall constitute a separate offense
and shall be punishable accordingly.
(b)
Any person,
firm or corporation who shall violate any of the provisions of this
chapter or who shall fail to comply with any provisions hereof in
connection with the platting or creating of any building lot within
the extraterritorial jurisdiction of the City shall not be guilty
of a misdemeanor, however, the City may institute any appropriate
action or proceeding in the District Court to enjoin the violation
of the Ordinance.
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PASSED, APPROVED AND ADOPTED this the 27th day of May, 1993.
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/s/ Jack Miller, Mayor
Mayor
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ATTEST:
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/s/ Thomas J. Blazek, City Secretary
City Secretary
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(1993 Code of Ordinances, Chapter 6, Sec. 6-1)
