Editor’s note–References within
this ordinance to the Planning and Zoning Commission refer to the
Zoning Board as established by Ordinance adopted June 30, 1987.
AN ORDINANCE DEFINING THE GENERAL RULES AND REGULATIONS GOVERNING
PLATS AND SUBDIVISIONS OF LAND FALLING WITHIN THE JURISDICTION OF
THE CITY OF WEST FOR THE PURPOSE OF PROVIDING FOR THE ORDERLY, SAFE
AND HEALTHFUL DEVELOPMENT OF THE AREA WITHIN THE CITY AND WITHIN THE
AREA SURROUNDING THE CITY AND TO PROMOTE THE HEALTH, SAFETY AND GENERAL
WELFARE OF THE COMMUNITY; DEFINING TERMS; SETTING FORTH THE GENERAL
PURPOSE OF THE ORDINANCE; CITING THE AUTHORITY TO ADOPT SUCH REGULATIONS;
DEFINING THE JURISDICTION OF THE CITY; REQUIRING APPROVAL OF ALL PLATS;
ESTABLISHING PROCEDURES FOR THE APPROVAL OF PRELIMINARY AND FINAL
PLATS; PROVIDING GENERAL PROVISIONS RELATING TO SUBDIVISION DEVELOPMENT;
ESTABLISHING GENERAL REQUIREMENTS AND DESIGN STANDARDS FOR STREETS,
LOTS, BLOCKS, BUILDING LINES, ALLEYS, EASEMENTS, FLOOD AREAS, AND
MOBILE HOME PARKS AND SUBDIVISIONS; REQUIRING IMPROVEMENTS; PROVIDING
FOR CITY PARTICIPATION IN IMPROVEMENTS; PROVIDING FOR RESERVATIONS,
VARIANCES AND INSPECTION OF CONSTRUCTION AND IMPROVEMENTS, ESTABLISHING
PLAT FILING FEES AND CHARGES; REQUIRING A PERFORMANCE BOND; PROVIDING
FOR THE WITHHOLDING OF IMPROVEMENTS UNTIL THE SUBDIVISION IS APPROVED,
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR CONFLICTING ORDINANCES;
PROVIDING FOR THE REPEAL OF FORMER ORDINANCES REGARDING SUBDIVISIONS;
ESTABLISHING AN EFFECTIVE DATE; AND PROVIDING FOR A GENERAL PENALTY
NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR EACH VIOLATION OF
THIS ORDINANCE.
Whereas, under the provisions of the Constitution and laws of
the State of Texas, including particularly Chapters 212, 242, and
43 of the Local Government Code, as heretofore or hereafter amended,
hereafter every owner of any tract of land situated within the City
of West; who may hereafter divide the same into two (2) or more tracts
described by metes and bounds or otherwise for the purpose of laying
out any subdivision of such tract of land or any addition to said
City; or for laying out suburban lots or building lots, or any lots,
and purchasers or owners of lots fronting thereon or adjacent thereto,
are required to submit a plat of such subdivision or addition for
approval by the Planning and Zoning Commission and the City Council
of the City of West; and
Whereas, the rules and regulations of the City established by
ordinance, governing plats and subdivision of the land, be and the
same are hereby extended to and shall apply to all of the area under
extraterritorial jurisdiction of said City, as provided for in Chapter
42 of the Local Government Code.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WEST, TEXAS,
On and after the passage of this Ordinance, any person, firm
or corporation seeking approval of any plat, plan or replat of any
subdivision of land within the City of West, Texas, and its legally
established extraterritorial jurisdiction shall be required to comply
with the requirements of this Ordinance before such approval may be
granted, to wit:
These regulations shall govern every person, firm, association
or corporation owning any tract of land within the corporate limits
or the extraterritorial jurisdiction of the City of West who may hereafter
divide the same into two or more parts for the purpose of laying out
any subdivision of any tract of land or any addition to said City,
or for laying out suburban lots or building lots, or any lots, streets,
alleys, parks or other portions intended for public use, or the use
of purchasers or owners of lots fronting thereon or adjacent thereto.
(Ordinance adopted 5/18/1994)
For the purpose of this ordinance, the following terms, phrases,
words and their derivations shall have the meaning given in this section:
(1)
Alley.
An alley is a minor public right-of-way,
not intended to provide the primary means of access to abutting lots,
which is used primarily for vehicular services access to the back
or sides of property otherwise abutting on a public street.
(2)
Building setback lines.
The building setback
line is a line within a property defining the minimum horizontal distance
between a building and the adjacent street line.
(3)
Commission.
The commission is the planning
and zoning commission of the City of West.
(4)
Cross-walkway.
A cross-walkway is a public
right-of-way six feet or more width [wide] between property lines,
which provides pedestrian circulation.
(5)
Cul-de-sac.
A cul-de-sac is a short, minor
street having but one vehicular access to another street and terminated
by a vehicular turnaround.
(6)
Dead-end street.
A dead-end street is a street,
other than a cul-de-sac, with only one outlet.
(7)
Design standards.
Subdivision design standards
as referenced in this ordinance shall mean the City of West’s
subdivision design standards and specifications, together with all
tables, drawings and other attachments, hereinafter approved and adopted
by the city council of West, and those standards so adopted shall
become a part of this ordinance.
(8)
Easement.
A utility or drainage easement is
an interest in land granted to the city for installing and maintaining
utilities and drainage across, over or under private land, together
with the right to enter thereon with machinery and other vehicles
necessary for the maintenance of said utilities and drainage.
(9)
Lot.
A lot is 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 or symbol in a duly approved subdivision
plat which has been properly filed of record.
(10)
Plat.
A plat is a complete and exact subdivision
plan submitted to the commission for approval and which, if approved,
will be submitted to the county clerk for recording.
(11)
Minor Plat.
Plats involving four or fewer lots
fronting on an existing street and not requiring the creation of any
new street or the extension of municipal facilities.
(12)
Public right-of-way.
A public right-of-way
is a strip of land used or intended to be used, wholly or in part,
as a public street, alley, walkway or drain.
(13)
Roadway, paving width.
The roadway or paving
width is the portion of a street available for vehicular traffic;
where curbs are laid, the portion between the face of curbs.
(14)
Street.
A street is a public right-of-way which
provides primary vehicular access to adjacent land, whether designated
as a street, highway, thoroughfare, parkway, throughway, avenue, lane,
boulevard, road, place, drive or however otherwise designated.
(a)
Arterial street.
A street used primarily for
fast or heavy traffic.
(b)
Collector street.
A street which carries traffic
from the minor streets to the major system or arterial streets and
highways, including the principal entrance streets of a residential
development, and principal streets for circulation to schools, parks
and other community facilities within such a development and including,
also, all streets which carry traffic through or adjacent to commercial
and industrial areas.
(c)
Minor street.
A street used primarily for access
to abutting residential property.
(d)
Boulevard.
A broad street landscaped with trees,
bushes, etc.
(15)
Subdivider.
A subdivider is 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 the land sought to be divided.
(16)
Subdivision.
A subdivision is the division
of any lot, tract or parcel of land into two or more parts for the
purpose of sale or building development, or if a new street is involved,
any division of a lot, tract or parcel of land. Subdivision includes
resubdivision and, when appropriate to the context, relates to the
process of subdivision or to the land or area subdivided.
(17)
Shall, may.
The word “shall” is
always mandatory, while the word “may” is merely permissive.
(18)
Utility Location Verification.
Serves as a
double check to verify that the installed utilities and drainage structures
were installed at the locations and depths recorded on the record
drawings.
(Ordinance 200629 adopted 6/29/2020)
3.01
AUTHORITY
This ordinance is adopted under the authority of the Constitution
and laws of the State of Texas, including particularly Chapters 212,
242 and 43 of the Local Government Code.
3.02
PURPOSE
In the interpretation and application of the provisions hereof,
this ordinance shall be deemed to be the minimum requirement adopted
by the city council for the protection of the public health, safety
and welfare. This ordinance is intended to meet the requirements of
the State of Texas at a minimum and in the event the ordinances and
State do not coincide, the more astringent of the two shall govern.
To protect the public among other purposes, such provisions are intended
to provide for a permanent wholesome environment, adequate municipal
services and safe streets.
3.03
JURISDICTION
Any owner of land located inside the corporate limits of the
City of West wishing to subdivide such land shall submit to the Planning
and Zoning Commission a plan of subdivision which shall conform to
the minimum requirements set forth in these regulations. An owner
subdividing his land into parcels of not less than five (5) acres
each for agricultural use and not involving new streets shall be exempt
from these requirements.
Any owner subdividing land outside the corporate limits of the
City of West but within its extraterritorial jurisdiction shall submit
a plan of subdivision to the Planning and Zoning Commission and to
McLennan County which shall conform to Chapter 242 and 42 of the Local
Government Code and the minimum requirements set forth in these regulations,
and which is subject to the approval of both.
3.04
APPROVAL
REQUIRED
No subdivision plat shall be filed or recorded and no lot in
a subdivision inside the corporate limits of the City of West or within
its extraterritorial jurisdiction shall be improved or sold until
the plat shall have been approved by the City Council.
(Ordinance adopted 5/18/1994; Ordinance 200629 adopted 6/29/2020)
(FOR GUIDANCE, REFER TO FLOW CHART - EXHIBIT “A”)
4.01
PRE-APPLICATION
1.
Subdivider
of property shall:
a.
Consult
early and informally with the Zoning Official.
b.
Avail himself
of the advice and assistance of the Zoning Official.
c.
For property
located outside the corporate limits of the City of West but within
its extraterritorial jurisdiction, consult with the County Judge or
his designated appointee in relation to those requirements established
by the County for property located outside the corporate limits of
the City of West.
4.02
APPROVAL
PROCEDURE FOR PRELIMINARY PLAT
1.
Subdivider
shall submit to the City of West no later than twenty (20) days prior
to the Commission meeting at which it is to be considered:
a.
Filing
fee.
b.
Ten (10)
copies of plat stamped “Preliminary Plat.”
c.
Ten (10)
copies of a letter of transmittal, stating briefly the type of street
surfacing, drainage, sanitary facilities, and water supply proposed,
and the name and address of the owner or agent, engineer, and surveyor.
d.
Supplementary
materials as applicable in other sections of these regulations.
2.
The Zoning
Official shall:
a.
Make a
study of plat and materials submitted.
b.
Request
written reports from departments and utilities if deemed necessary.
c.
Make available
plats and reports to Planning and Zoning Commission for review.
d.
Consult
with City’s consulting engineer, Subdivider’s engineer,
private utility companies and school district.
e.
Schedule
preliminary review with Subdivider.
3.
4.
City Council
shall, within thirty (30) days after the Planning and Zoning Commission
has submitted its recommendation, conclude one of the following:
4.03
CONDITIONS
OF PRELIMINARY PLAT APPROVAL
Conditional approval shall not be considered to be the approval
of a plat or replat until such conditions are complied with. All objections
made to the preliminary plat, or conditions imposed, shall be furnished
to the subdivider in writing. If no decision is rendered by the Commission
within the thirty (30) day period described above or such longer period
as may have been agreed to by the Subdivider and Commission, the preliminary
plat, as submitted, shall be deemed to be recommended for approval
to the City Council.
Approval of the preliminary plat shall be deemed an expression
of approval of the layout only and shall not constitute acceptance
of the final plat.
Preliminary approval will expire six (6) months after the approval
by the City Council of the preliminary plat or of sections thereof.
The Subdivider may apply in writing for an extension prior to the
end of such six (6) month period. This period may be extended six
(6) months but not beyond a total of one (1) year.
4.04
APPROVAL
PROCEDURE FOR FINAL PLAT
1.
Subdivider
shall:
a.
Conform
to preliminary plat as approved.
b.
Incorporate
all changes, directions, and additions imposed by the City.
c.
Submit
to the City of West no later than twenty (2) [sic] days prior to the
Commission meeting at which it is to be considered:
(1)
Three
(3) sets of detailed plans signed by a Registered Professional Engineer
showing details of streets, alleys, culverts, bridges, storm sewers,
water mains, sanitary sewers and other engineering details; and
(2)
Ten
(10) copies and one (1) sepia of the final plat with all conditional
changes and proper signatures, prepared and signed by a Registered
Public Surveyor.
2.
The Zoning
Official shall:
3.
The Planning
and Zoning Commission shall:
4.
The City
Council shall, within thirty (30) days after the Planning and Zoning
Commission has submitted its recommendation, conclude one of the following:
5.
City Secretary
shall, within thirty (30) days after City Council approval:
a.
(1)
For
plats located within the corporate limits of the City of West, review
the file plat for proper signature and approval, and record at County
Clerk’s Office.
(2)
For
plats located outside the corporate limits of the City of West but
within its extraterritorial jurisdiction, review the file plat for
proper signature and approval, and forward copies to the County Judge
for action and approval by the Commissioner’s Court prior to
recording at County Clerk’s Office.
b.
Retain
three (3) copies of plat recorded in the County Records for the City
files.
c.
Distribute
copies as directed.
6.
Subdivider
shall:
a.
Direct
his engineer to design, stake and supervise the construction (to be
inspected by the City) of facilities in accordance with approved plans
and specifications and these regulations.
b.
Direct
his contractor(s) to construct all improvements as identified in the
approved engineering plans and to provide to the City of West a one
(1) year maintenance bond in the amount of ten (10%) percent of the
contract price, along with three (3) blue line sets and one (1) sepia
set of “AS-BUILT” plans, checked and corrected by the
Engineer.
7.
The Zoning
Official shall, upon completion of said improvements and compliance
with these regulations, receive and cause the project to be considered
for acceptance by the City Council for approval by the City of West,
including the title, use and maintenance of the improvements.
4.05
CONDITIONS
OF FINAL PLAT APPROVAL
No final plat shall be filed unless and until all requirements
of the subdivision regulations have been complied with and until such
stipulations as may be set by the City Council have been met. At the
discretion of the City Council, recommendation of approval for a final
plat may be deferred to the Planning and Zoning Commission where the
tract of land is to be subdivided to affect no more than one (1) lot.
4.06
COMBINATION
PRELIMINARY AND FINAL PLAT
The Subdivider may, at his option, elect to combine the preliminary
plat and final plat whenever the tract of land (i) is to be resubdivided
to affect no more than three (3) lots, (ii) no change of street locations
would be required, and (iii) the proposed development will be of the
same type of use and of comparable intensity as adjacent existing
or planned development.
4.07
PLAT RECORDING
PROVISIONS
The final plat shall be recorded by the City Secretary in the
office of the County Clerk of McLennan County, Texas, within six (6)
months from the date of final approval by the City Council. If the
subdivider has not submitted the proper documents to the City Secretary
within six (6) months after City Council approval, then the plat shall
become null and void as if no plat had been submitted.
(Ordinance adopted 5/18/1994; Ordinance 200629 adopted 6/29/2020)
5.01
PRELIMINARY
PLAT
The preliminary plat shall be drawn to a scale not smaller than
one hundred (100) feet to the inch, and contain the following information:
1.
Existing
Features Inside Subdivision
a.
The existing
boundary lines (accurate in scale) of the land to be subdivided. Boundary
lines shall be drawn in heavy lines for easy identification.
b.
The location
of existing watercourses, railroads, and other similar drainage and
transportation features.
c.
The location
and width of existing streets, alleys, easements, buildings and structures,
sewers, water mains, culverts or other underground structures within
five hundred (500) feet of the tract.
d.
Topographical
information with contour lines at one (1) foot intervals, unless otherwise
permitted by the Zoning Official due to conditions of terrain involved.
All elevations shall be referred to a Geodetic Survey.
3.
New Features
Inside of Subdivision
a.
The proposed
name of the subdivision.
b.
The location,
right-of-way width, and names of proposed streets.
c.
The approximate
width and depth of all lots. If the side lines are not parallel, the
approximate distance between them at the building line and at the
narrowest point should be given.
d.
The location
of building lines, alleys and easements.
e.
The location
and approximate size of sites for schools, churches, parks, including
commercial retail, industrial, office, multifamily, educational, medical,
and other special land uses.
f.
The approximate
acreage of the property to be subdivided.
4.
Key Map
A key map showing relation of subdivision to major thoroughfares
in all directions to a distance of at least one-half (1/2) mile.
5.
Title, Etc.
The date, scale, north point and title under which the plat
is to be recorded, with the name, address, and phone number of the
owner and surveyor platting the tract.
5.02
FINAL PLAT
The final plat shall be sized and contain the information, details
and documents as follows:
1.
Sheet Size
and Scale
All final plats shall be drawn in permanent reproducible ink
on mylar or tracing sheets 8-1/2" x 11", 8-1/2" x 14", 11" x 17",
17" x 22" or 22" x 34" and to a scale of one (1) inch equals one hundred
(100) feet. Where more than one (1) sheet is required, an index sheet
is required, an index sheet of maximum size, 22" x 34", shall be filed
showing the entire subdivision; all sheets shall be of the same size.
2.
Existing
Features Inside Subdivision
a.
The existing
boundary lines with accurate distances and bearings of the land to
be subdivided. Boundary lines shall be drawn in heavy lines for easy
identification.
b.
An accurate
metes and bounds description of the area included in the subdivision,
including reference to section or abstract corners, established subdivisions,
primary control points, and total acreage being platted, all shall
be placed upon the final plat. Where more than one ownership is involved
in the area being subdivided, the limits of each owner’s land
shall be clearly designated on the final plat.
c.
The location
of existing watercourses and other similar drainage features, floodprone
land, railroads, highways, and other transportation features.
d.
True bearings
and distances to the nearest established street lines, official monuments,
or subdivision corner, which shall be accurately described on the
plat.
e.
The location
and width of existing streets, alleys, easements, rights-of-way, buildings
and structures to be retained.
f.
An accurate
location of the subdivision with reference to the deed records of
the County which shall include the volume and page of the deed of
the property to be subdivided.
3.
Existing
Features Outside Subdivision
4.
Streets,
Alleys, Easements
The lines and names of all proposed streets or other ways or
easements to be dedicated to public use, with the following engineering
and surveying data:
a.
For Streets
and Alleys
Complete curve data (Delta, Length, Radius, Tangent, Point of
Curve, Point of Reverse Curve, Point of Tangent) shown on the centerline
or on each side of street or in a chart on the plat which lists all
such data for each curve. Length and bearings of all tangents. Dimensions
from all angle points and points of curve to an adjacent side lot
line.
b.
For Watercourses
and Easements
Distances to be provided along the side lot lines from the front
lot line or the high bank of a stream. Traverse line to be provided
along the edge of all large watercourses in a convenient location,
preferably along a utility easement, if paralleling the drainage easement
or stream.
5.
Lots and
Blocks
The lines and numbers of all proposed lots and blocks with complete
bearings and dimensions for front, rear and side lot lines and area
of each lot shall be shown. (Use block numbers only when previous
units of same subdivision have numbered blocks, otherwise use continuous
consecutive lot numbers throughout subdivision.) The location of minimum
building setback lines from all streets on lots and other sites, shall
conform to the provisions of the Zoning Ordinance for the specific
use assigned to the project area.
6.
Reservations
The use and property dimensions of all special reservations
identified for the project, including sites for schools, churches,
and parks. The Master Plan for public sites, school sites and park
sites shall be followed or may be amended to conform to the conditions
established by the City Council.
8.
Key Map
A key map showing relation of subdivision to major thoroughfares
in all directions to a distance of at least one-half (1/2) mile.
9.
Title, Etc.
The date, scale, north point and subdivision title; name and
address of subdivider; name, address and seal of surveyor.
10.
Dedications
and Certificates
Such dedications and certificates as are applicable.
a.
Dedication
Deed
Accompanying the final plat shall be a dedication deed or certificate
of dedication executed by all persons, firms, or corporations owning
an interest in the property subdivided and platted, and acknowledged
in the manner prescribed by the laws of the State of Texas for conveyance
of real property.
Two (2) true copies must be furnished with the original. The
wife of each married man executing such dedication deed or certificate
of dedication shall join her husband therein unless satisfactory proof
be provided showing that the property to be subdivided does not constitute
any portion of such party’s homestead and positively designates
and identifies such party’s actual homestead. In the case of
lienholders, there shall be executed a subordination agreement whereby
all lienholders subordinate their liens to all public streets, alleys,
parks, school sites and any drainage or utility easements, rights-of-way,
or other public areas shown on the final plat of such subdivision
as being set aside for public uses and purposes. The dedication deed
or certificate of dedication shall, in addition to the above requirements,
contain the following:
(1)
An
accurate metes and bounds description of the tract of land subdivided
(the description placed on the final plat should be used for this
purpose). Also a description of the limits of each owner’s land
and the lots, plots, and building sites of the subdivision included
within the boundary of each owner’s land.
(2)
A
statement and express representation that the parties joining in such
dedication deed or certificate of dedication are the sole owners of
such tract of land.
(3)
An
express dedication to the public for public use forever over the streets,
alleys, easements, rights-of-way, parks, school sites and other public
places shown on the attached plat.
(4)
A
positive reference and identification of the final plat of such subdivision
by the name of such subdivision, date of the plat, and the surveyor
who prepared the plat.
b.
Surveyor’s
Certificate, to be placed on the plat:
|
Know All Men By These Presents:
| |
|
That I, ________, do hereby certify that I prepared this plat
and the field notes made a part thereof 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 West, Texas.
| |
|
(Professional Seal and Date)
| |
|
|
Name, Title & Registration No.
|
c.
Certificate
of Approval by the City Council of the City of West, to be placed
on the plat.
|
Approved this ________ day of ________, 20________ by the City
Council of the City of West, Texas.
| |
|
|
Mayor
|
|
|
City Secretary
|
11.
Special
Restrictions
Where restrictions of use of land, other than those given in
these regulations are to be imposed by the subdivider, such restrictions
shall be placed on the final plat or on a separate instrument filed
with the plat.
12.
Tax Receipt
Tax receipts and assessment releases showing that all taxes
and all assessments have been paid are to be submitted concurrent
with the final plat.
13.
Subdivision
Improvements
The developer shall install all survey monuments and markers,
street paving, curbs and gutters, alley grading, storm drainage, water
and sanitary sewer mains and laterals, fire hydrants, water valves,
traffic signs, streetlights, street signs and sidewalks, within and
adjacent to the subdivision, or shall provide cash deposit or other
guarantee acceptable to the City for the payment of the cost of such
installations prior to the final approval by the City Council.
14.
Parks
and Open Space
Provisions for parks and open space shall be made as set forth
in Section 6.01.
(Ordinance adopted 5/18/1994; Ordinance 200629 adopted 6/29/2020)
6.01
PARKS,
SCHOOL SITES, PUBLIC AREAS
Preliminary subdivision plats shall provide sites for schools,
parks or other public areas as set out in the Comprehensive City Plan.
The responsible Public Authority must take steps to acquire such property
within sixty (60) days of the submission of the preliminary plat to
the City Planning and Zoning Commission or else the subdivider may
proceed with his subdivision as though such areas were nonexistent.
6.02
EASEMENTS
FOR UTILITIES
The Planning and Zoning Commission and/or the City Council may
require easements for poles, wires, conduits, storm and sanitary sewers,
gas, cable TV and water mains, or other utility lines if necessary
or advisable in the opinion of the City Council.
6.03
DEDICATION
FOR PUBLIC USE
There shall be no reserved strips of land except those which
are conveyed to the government having jurisdiction.
6.04
DIVERSITY
OF OWNERSHIP
Where the desirable development of a residential neighborhood[,]
business park, commercial center of [or] planned development is dependent
upon coordination of diverse land ownership, the Planning and Zoning
Commission may recommend and the City Council may require than [that]
an overall neighborhood study plan be prepared so that individual
subdivisions may be developed in harmony with one another and their
environs in accordance with the Land Use Plan.
6.05
PARTIAL
DEVELOPMENT OF LARGE SUBDIVISION
Final plats may be approved on portions of a large area of land
for residential or other uses for which a preliminary plat has been
approved, provided that the required improvements for said portion
are developed as part of the required improvements for the entire
area. Water mains, storm sewers, trunk sewers, and any sewage treatment
plant shall all be designated and built to serve the entire area owned
by the subdivider or designed and built in such a manner that they
can easily be expanded or extended to serve the entire area. Construction
plans as required in Section 4.04 will be designed to serve the entire
area shown on the preliminary plat.
6.06
COMPREHENSIVE
GROUP DEVELOPMENT
A comprehensive group housing development or commercial project
including the construction of two or more buildings, together with
the necessary drives and ways of access and which is not subdivided
into the customary lots, blocks and streets, may be approved by the
City Council if, in the opinion of the Council, any departure from
the foregoing regulations can be made without destroying the intent
of the regulations. Plans for all such developments shall be submitted
to and approved by the Commission, whether or not such plat is to
be recorded and no building permits shall be issued until such approval
has been given.
6.07
UNPLATTED
PROPERTY
In the event the subdivider or builder cannot complete any provision
of this Ordinance pertaining to the preparation of a plat, then upon
request of the City Council, a site plan shall be prepared in conjunction
with the building permit plans. The form of the site plan shall be
sufficient to provide information required by the City to determine
if the specific project may be exempt from the platting requirements.
The site plan shall be submitted for staff review, recommendation
by the Planning and Zoning Commission, and approval by the City Council.
If in the review and approval process it is determined necessary that
a plat should be prepared, approved, and recorded, then such standard
process will be required. However, if the specific project, as identified
in the site plan process clearly identifies that the platting requirement
may be exempted, notice will be so given.
The purpose of said site plan is to provide sufficient information
to identify the project and its effect upon the area.
The site plan shall contain sufficient information relative
to site design considerations, including but not limited to the following:
1.
Location
of proposed building(s) and structures.
2.
On-site and
off-site circulation of traffic.
3.
Parking provisions.
4.
Grading provisions.
5.
Drainage
provisions.
6.
Landscaping
provisions.
7.
Placement
of utilities.
8.
Screening.
9.
Engineering
for streets, drainage and utilities (if required).
|
The City may require other information and data for a specific
site plan. This data may include but is not limited to geologic or
archaeological information, water yields, flood data, environmental
information, traffic analysis, road capacities, market information,
economic data for the proposed development, hours of operation, elevation
and perspective drawings, lighting, and similar information. Conditional
approval of the site plan may establish certain conditions for construction
based on such information.
|
(Ordinance adopted 5/18/1994; Ordinance 200629 adopted 6/29/2020)
7.01
RELATION
TO LAND USE
All subdivisions shall conform to the Comprehensive Master Plan
of the City and to all applicable zoning regulations. No subdivision
design shall be approved that requires a change in zoning or an amendment
to the Land Use Plan, as adopted, until a corrected Zoning and amended
Land Use Plan is approved.
7.02
STREETS
1.
Conformity
to Major Street Plan
The width and location of streets shall conform to such Street
Improvement Plan as the City Council may have adopted, both as to
horizontal and vertical alignment and right-of-way widths.
2.
Relation
to Adjoining Street System
The proposed street system shall extend all existing major streets
and such existing secondary and local access streets as may be desirable
for convenience of circulation. Where possible, the width and the
horizontal and vertical alignment of extended streets shall be preserved.
3.
Street Jogs
(or Offsets)
Where offsets in street alignment at intersections are unavoidable,
in the opinion of the Planning and Zoning Commission and/or City Council,
such offsets may be employed, provided the distance between centerlines
is not less than one hundred twenty-five (125) feet.
4.
Large-Lot
Subdivisions
If the lots or tracts of land in the proposed subdivision are
large enough to accommodate resubdivision in the future, or if part
of the tract is not subdivided, consideration must be given to possible
future street openings and access to future lots which could result
from such resubdivision.
5.
Through
Traffic
Local streets shall be designed so as to discourage high-speed
or through traffic.
6.
Topography
The street system shall bear a logical relationship to the natural
topography of the ground.
7.
Street Right-of-Way
Widths
“Street Right-of-Way Width” shall be measured perpendicular
to the centerline of said right-of-way from front property line to
front property line of opposite properties. Right-of-way widths are
based on street classifications as shown in Table 1 below.
8.
Street Pavement
Widths
“Street Pavement Width” shall be measured from face-of-curb
to face-of-curb. Pavement widths shall be based on street classifications
as shown in Table 1 below.
|
TABLE 1
| |||
|---|---|---|---|
|
Street Classification
|
R.O.W. Width
(ft.)
|
Pavement Width
(ft.)
|
Dwelling Units Served/Traffic Volumes
(Avg. Daily Trips)
|
|
Access or Service Rds.
|
50'
|
–
|
– / –
|
|
Minor
|
50'
|
30'
|
= 50 / 500
|
|
Collector
|
60'
|
40'
|
50-2,000 / 1,000-5,000
|
|
Secondary Arterial
|
90'
|
60', 2 @ 24'
|
– / 10,000-15,000
|
|
Primary Arterial
|
90', 120'
|
60' 2 @ 24', or 2 @ 36'
|
> 15,000 / –
|
9.
Street Alignment
The maximum deflection in alignment permitted without use of
curve shall be ten (10) degrees.
10.
Major
Street Curves
Curves in major streets shall have a centerline radius of two
thousand (2,000) feet or more with exceptions to the standard granted
only by the City Council.
11.
Collector
Street Curves
Curves in collector streets shall have a centerline radius of
eight hundred (800) feet or more, with exception to this standard
granted only by the City Council.
12.
Minor
Street Curves
Curves in minor streets are to have a centerline radius of one
hundred and fifty (150) feet or more, except for “loop”
or partial “loop” streets.
13.
Reverse
Curves
Reverse curves on major thoroughfares and collector streets
shall be separated by a minimum tangent of one hundred (100) feet.
14.
Dead-End
Streets/Cul-De-Sacs
a.
Turnarounds
Turnarounds are to have a circular driving surface that has
a minimum radius of forty-five (45) feet and a street right-of-way
that has a minimum radius of sixty (60) feet.
b.
Maximum
Length
The maximum length of a dead-end street with a permanent turnaround
shall be four hundred (400) feet, measured from the right-of-way line
of the intersecting street to the center point of the turnaround circle,
except in conditions of unusual topography.
c.
Temporary
Turnarounds
Temporary turnarounds are to be provided at the end of streets
more than four hundred (400) feet long that will be extended in the
future. The following note should be placed on the plat: “Cross-hatched
area is temporary easement for turnaround until street is extended
(give direction) in a recorded plat.”
15.
Street
Intersections
a.
Angle
of Intersection
Except where existing conditions will not permit, all streets,
major and minor, shall intersect at a ninety (90) degree angle. Variations
of more than ten (10) degrees on minor streets and more than five
(5) degrees on major or secondary streets must first be recommended
by the Planning and Zoning Commission and approved by the City Council.
b.
Radius
at Acute Corners
Acute angle intersections recommended by the Planning and Zoning
Commission and approved by the City Council are to have twenty-five
(25) feet or greater radii at acute corners.
c.
Centerline
Tie With Existing Streets
Each new street intersecting with or extending to meet an existing
street shall be tied to the existing street on centerline with dimensions
and bearings to show relationship.
16.
Partial
or Half-Streets
Partial or half streets shall be prohibited, except when essential
to the reasonable development of the subdivision in conforming with
the other requirements of these regulations, and where the Council
finds it will be practical to require the dedication of the other
one-half of the street when the adjoining property is subdivided.
Whenever a partial street exists along a common property line, the
other portion of the street shall be dedicated. Where part of a street
is being dedicated along a common property line and the ultimate planned
width is sixty (60) feet, the first dedication will be thirty-five
(35) feet; where the ultimate planned width is seventy-five (75) feet,
the first dedication will be forty (40) feet. The following note shall
be used in all such dedications: “This ________foot strip is
dedicated as an easement for all public utilities and such other utilities
as may be permitted by the City and subject to such limitations as
may be required by the City and shall automatically become dedicated
for street purposes when and insofar as a ________foot strip adjacent
to it is so dedicated and the required improvements are installed.”
17.
Reserve
Strips
Reserve strips controlling access to streets shall be prohibited
except where definitely placed in City control under conditions recommended
by the Planning and Zoning Commission and approved by the City Council.
When provisional one (1) foot reserves are used along the side or
end of streets that abut acreage tracts, the following note shall
be used in all such dedications: “One (1) foot reserve to become
automatically dedicated for street purposes when adjacent property
is subdivided in a recorded plat,” and access to dedicated tract
is hereby prohibited until such action occurs.
18.
Street
Names
New streets shall be named so as to provide continuity of name
with existing streets and so as to prevent conflict with identical
or similar names in other parts of the City.
19.
Private
Streets
Dedicated streets and rights-of-way shall not be designated
or used as private streets and such use is prohibited.
20.
Access
to Major Streets
Where a subdivision borders on or contains the right-of-way
of a freeway, major thoroughfare, drainageway or railroad, the Planning
and Zoning Commission and/or the City Council may require a service
street parallel to and on both sides of such right-of-way, or they
may require that residential or other type land use lots back up to
said right-of-way without means of access. However, reserve strips
controlling access to streets shall be prohibited except where their
control is definitely placed in the City under conditions recommended
by the Commission and approved by the City Council.
21.
Fire Lanes
The City may require the subdivider to provide areas reserved
and identified for fire lanes or emergency accessways for certain
commercial, retail, apartment, industrial and other uses.
22.
Traffic
Engineering Studies
Where traffic conditions require, traffic engineering studies
may be required by the Planning and Zoning Commission or the City
Council from the developer to provide technical data.
7.03
LOTS
1.
Lot Size
On the basis of the land use district (single-family, residential,
duplex, multifamily, commercial, retail, office, mobile home, industrial,
etc.) in which they lie and the use to which they are to be put, all
lots or tract sizes must conform to the regulations or [of] the Zoning
Ordinance, including minimum area, width and depth.
2.
Lot Width
Definition
The lot width is the minimum distance between the side lot lines
of a building lot measured along a straight line at the rear of the
required front yard and parallel to the street line or a line tangent
thereto, unless otherwise defined.
3.
Corner Lots
Corner lots with a width of less than sixty-five (65) feet are
to be at least five (5) feet wider than average of interior lots in
the block. Corner lots with a width of less than seventy-five (75)
feet adjacent to a major thoroughfare are to be at least fifteen (15)
feet wider than the average of interior lots in the block.
4.
Key Lots
Where corner lots are key lots, the corner lot shall have a
front building line on both streets, unless said key lot is separated
from other lots by a dedicated street or alley.
5.
Lots on
Major Streets
Lots facing or backing on major streets shall be at least ten
(10) feet deeper than average lots facing on adjacent minor streets.
6.
Lots on
Drainage Easements
Minimum usable lot depths for lots backing on natural drainage
easements shall be not less than one hundred (100) feet measured between
front lot line and drainage easement.
7.
Lot Shape
Lots should be rectangular insofar as practicable. Sharp angles
between lot lines should be avoided. The ratio of depth to width should
not ordinarily exceed two and one-half (2-1/2) times. Irregular shaped
lots shall have sufficient width at the building line to meet frontage
requirements for the appropriate zoning district.
8.
Lot Lines
Side lot lines should be perpendicular or radial to street frontage.
9.
Lot Facing
a.
Street
Frontage
Each lot shall be provided with adequate access to an existing
or proposed public street by frontage on such street not to be less
than forty (40) feet.
b.
Double
Front
Double frontage lots are prohibited except when backing on major
thoroughfares. Where lots have double frontage, a front building line
shall be established for each street.
c.
Front
Facing
Wherever feasible, each lot should face the front of a similar
lot across the street. In general, an arrangement placing adjacent
lots at right angles to each other should be avoided.
10.
Lot Numbering
All lots are to be numbered consecutively within each block.
Lot numbering may be cumulative throughout the subdivision if the
numbering continues from block to block in a uniform manner that have
been approved on an overall preliminary plat. Use block numbers only
when previously platted units of the same subdivision have numbered
blacks.
11.
Driveway
Restrictions
Rear and side driveway access to major thoroughfares shall be
prohibited.
12.
Replatting
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 will be required.
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 as follows:
a.
After
an application is filed for a replat affecting single-family and duplex
property, the City Secretary shall cause a 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 revisions 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
percent (20%) or more of the property owners to whom notice has been
required to be given above 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.
7.04
BLOCKS
1.
Block Length
Blocks shall not be more than one thousand three hundred twenty
(1,320) feet in length.
2.
Block Width
Blocks shall be wide enough to allow two (2) tiers of lots with
a block width no less than two hundred twenty (220) feet, except when
prevented by the size of the property or the need to back up to a
major thoroughfare.
3.
Crosswalks
Crosswalk easements of fifteen (15) feet in width across blocks
exceeding eight hundred (800) feet in length shall be dedicated where
deemed necessary by the City Council.
4.
Block Numbering
Blocks are to be numbered consecutively within the overall plat
and/or sections of an overall plat as recorded only when previous
units of subdivision have numbered blocks, otherwise blocks shall
not be numbered.
7.05
BUILDING
LINES
Building lines along all streets shall be shown on the final
plat on lots and shall provide the minimum setback for front, side,
and rear streets as required by the Zoning Ordinance for the relevant
district (single-family, residential, duplex, multifamily, commercial,
retail office, mobile home, industrial, etc.).
7.06
ALLEYS
1.
Alleys Required
Alleys shall be required along the rear line of all lots to
be used in all commercial and industrial districts, except that the
City Council may waive this requirement where other definite and assured
provision is made for service access, such as off-street loading,
unloading, and parking consistent with and adequate for the use proposed.
Alleys may also be used in residential areas where development allows.
2.
Alley Width
Where provided, alleys in residential districts shall not be
less than twenty (20) feet in right-of-way width. Service alleys in
commercial and industrial districts shall be a minimum of twenty-five
(25) feet in right-of-way width and must be concrete paved fifteen
(15) feet in width.
3.
Cut-Offs
In case of intersecting alleys, a cut-off shall be required
at each corner. Cut-offs shall be triangles having two (2) equal sides
each of which shall not be less than twenty (20) feet in length or
of such greater distance to provide safe vehicular movement.
4.
Dead-End
Alleys
No permanent dead-end alleys shall be permitted. Alleys in new
subdivisions shall connect to and/or be aligned with alleys in adjacent
subdivisions wherever feasible.
7.07
EASEMENTS
1.
Size
The size of easements where alleys are not provided shall not
be less than ten (10) feet on each side of rear lot lines. Easements
along side lot lines shall be not less than ten (10) feet in width.
However, where deemed necessary by the Planning and Zoning Commission
and/or the City Council, such easements may be required to be twenty
(20) feet in width.
2.
Use
Where necessary, easements shall be retained for poles, wires,
conduits, storm sewers, sanitary sewers, water lines, open drains,
gas lines or other utilities. Such easements may be required across
parts of lots (including side lines) other than as described above
if the City Council determines that same is needed. Any easements
so established shall be maintained by the property owner. All easements
may be included in the computation of lot sizes, with the exception
of drainage easements, which will be in addition to the specified
lot size.
3.
Drainage
Easements
Where a subdivision is traversed by a watercourse, drainageway,
channel or street, there shall be provided a storm easement or drainage
right-of-way conforming substantially with such course and of such
additional width as may be designated by the Zoning Official that
will be reasonably adequate for the purpose. Parallel streets or parkways
may be required in connection with these easements. The drainage shall
be designed to eliminate erosion of adjoining property and to facilitate
routine maintenance.
7.08
FLOOD AREAS
Areas within the jurisdiction of the regulations herein subject
to flood conditions as established by Federal and State agencies and
the City Engineer of West and for which the limits of such flood conditions
have been adopted by the City of West will not be considered for subdivision
until adequate drainage or other approved protection has been provided.
7.09
RESERVED
7.10
REQUIRED
IMPROVEMENTS
1.
Streets
All streets shall be paved with a permanent type of pavement
in accordance with the City’s construction standards. Paving
widths shall be accordance with the standards set forth in the Street
Improvement Plan of the City and shall be constructed under the supervision
of the City Engineer.
2.
Curbs and
Gutters
Curbs and gutters shall be provided along both sides of all
streets within the subdivision in accordance with the City’s
construction standards.
3.
Sidewalks
Sidewalks not less than four (4) feet and no greater than five
(5) in width shall be required on both sides of all major and collector
streets and along both sides of all minor streets.
4.
Alleys
All alleys shall be graded, improved, and leveled in accordance
with the City’s construction standards.
5.
Water
Water mains of size adequate to provide a domestic water supply,
fire hydrants, and water valves shall be installed to serve all lots
within the subdivision in accordance with the Comprehensive Plan and
the City’s construction standards.
6.
Sanitary
Sewer
Sanitary sewers shall be provided to serve all lots within a
subdivision in accordance with the Comprehensive Plan and the City’s
construction standards.
7.
Storm Drainage
All drainage structures shall be designed and constructed in
accordance with the City of Waco’s Storm Drainage Design Manual.
8.
Monuments
a.
Concrete
monuments, six (6) inches in diameter and twenty-four (24) inches
long, shall be placed on all boundary corners and block corners; a
copper pin one-quarter inch (1/4") in diameter embedded three inches
(3") in the monument shall be placed at the exact intersection point
on the monument. Monuments consisting of one-half inch (1/2") diameter
steel rods twenty-four inches (24") long shall be placed at all points
of intersection of alleys and block lines, and at points of intersections
of curves and tangents of the subdivision.
b.
Lot markers
consisting of one-half (1/2") diameter steel rods shall be placed
at all lot corners.
9.
Street Name
and Traffic Signs
All street name signs and traffic signs shall be provided and
shall meet the type and erection standards of the City.
10.
Street
Lighting
Street lighting shall be provided and shall meet the design
standards for intensity, location, type and erection of the City of
West.
11.
Public
Parks and Open Space
Public parks and open space shall be provided in accordance
with location, size and design standards as established by the City
of West.
7.11
PARTICIPATION
OF THE CITY IN IMPROVEMENTS
The City shall not be required to participate in the cost of
any improvements where such improvements required by this ordinance
are outside the corporate limits of the City.
1.
a.
Right-of-way
The subdivider shall dedicate right-of-way for streets in accordance
with the requirements set forth in Section 7.02.7.
b.
Paving
(1)
The
subdivider shall pave all streets at his expense in accordance with
City’s construction standards. Any paving in excess of that
normally required in Section 7.02.8, and where deemed necessary by
the City Engineer due to future planning and/or anticipated growth,
shall be paid by the City.
(2)
All
underground utility lines shall be installed prior to paving.
(3)
All
excess excavated material from dedicated streets and alleys not used
in the development of the land being platted shall be removed from
the site and deposited at disposal sites designated by the City of
West.
2.
Curbs and
Gutters
Curbs and gutters shall be provided by the subdivider.
3.
Sidewalks
Sidewalks shall be provided by the subdivider.
4.
Water
Where the City requires larger mains and branches than are necessary
to serve the subdivision in order to provide for future development,
the subdivider may be entitled to participating aid from the City,
in accordance with current policy and availability of current funds.
5.
Sanitary
Sewers
Where the City requires larger sewer lines than are necessary
to serve the subdivision in order to provide for future development,
the subdivider may be entitled to participating aid from the City,
in accordance with current policy and availability of funds.
6.
Monuments
Monuments shall be provided by the Subdivider.
7.
Lot Markers
Lot markers shall be provided by the Subdivider.
8.
Street Name
Signs and Traffic Signs
Street name signs and traffic signs shall be provided by the
Subdivider.
9.
Streetlights
Streetlights shall be provided by the Subdivider.
10.
Public
Parks and Open Space
Public parks and open space shall be provided by the Subdivider
in the manner set forth in Section 6.01 herein.
11.
Pro-Rata
Where water, sanitary sewer, street name signs, traffic signs,
street lighting and parks and open space are subject to a pro-rata
payment prior to final plat approval, such payment shall be considered
the subdivider’s payment in full for such improvement, providing
the City of West has adequate funds, after the payment of such pro-rata
charges, to construct the required improvements. In the event that
such pro-rata payment does not provide sufficient funds to construct
the required improvements and the City of West does not have sufficient
additional funds to complete the construction of said required improvements,
then the subdivider shall provide funds required to pay the total
cost of constructing the said required improvements.
12.
Building
Permits
No Building Permits shall be issued until all improvements are
in place, unless otherwise authorized by City Council.
7.12
RESERVATIONS
1.
Permitted
Purposes
No land contained in the proposed subdivision shall be reserved
for any use other than a use permitted by the Zoning Ordinance for
the district in which the land to be reserved is located.
2.
Designation
on Plat
The specific use for which each piece of land is to be reserved
must be shown by appropriate label or description on the subdivision
plat. Provision for future abandonment of a reservation as may be
appropriate must likewise be shown on said plat.
3.
Parks and
Playgrounds
The location and size of parks and playgrounds shall be in accordance
with the City’s Park Sites Plan.
4.
Schools
The location and size of school sites shall be in accordance
with the City’s School Sites Plan, if any, and with the requirements
of the School District.
7.13
VARIANCES
When a subdivider can show that a provision of these regulations
would cause unnecessary hardship if strictly adhered to and where,
because of some condition peculiar to the site, in the opinion of
the Planning and Zoning Commission and/or the City Council a departure
may be made without destroying the intent of such provisions, the
City Council may authorize a variance.
However, any variance thus authorized is required to be entered
in writing into the minutes of the Commission and/or the City Council
and the reason which justified the departure to be set forth, and
such variance must be authorized by affirmative vote of not less than
two-thirds (2/3rds) of the entire members of the City Council.
7.14
INSPECTION
OF CONSTRUCTION
The City shall be given opportunity to inspect all phases of
the construction of improvements for subdivisions. The subdivider,
or his contractor, shall maintain daily contact with the City Engineer,
or his representative, during construction of improvements.
No sanitary sewer, water, or storm sewer pipe shall be covered
without approval of the City Engineer or his representative. No concrete
shall be poured for streets, structures, or curbs and gutters without
said approval. No flexible base material shall be placed on the street
subgrade, or asphaltic surface applied to the flexible base of a street
without said approval.
7.15
PENALTY
FOR VIOLATION OF CHAPTER
Any person, firm or corporation violating any of the provisions
of this ordinance shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined in any amount not exceeding $500.00.
A separate offense shall be deemed committed upon each day during
or on which such violation occurs or continues.
(Ordinance adopted 5/18/1994; Ordinance 200629 adopted 6/29/2020)
The following schedule of fees and charges shall be paid to
the City when any plat is tendered to the Planning and Zoning Commission,
City Council, or any other authorized board or agency of the City.
Each of the fees and charges provided herein shall be paid in advance,
and no action of the Commission, the City Council or any other board
or agency shall be valid until the fee or fees shall have been paid
to the officer designated therein.
The City Engineer or Zoning Official shall calculate the fees
and charges, in accordance with the following schedule.
1.
Preliminary
Plats
$250.00 per plat, plus $3.00 per lot.
2.
Final Plats
$100.00 per plat, plus $3.00 per lot, if changes are required.
3.
Combination
Preliminary and Final Plats
$250.00 per plat, plus $3.00 per lot.
4.
Multiple Dwelling.
Commercial or Industrial Areas Not Subdivided Into Lots
The preliminary plats shall carry a fee of $250.00 per plat,
plus $5.00 per acre. The fee for the final plat shall be $100.00 per
plat, plus $5.00 per acre, if changes are required.
5.
Single Lot
Plats
$100.00 per plat
6.
In the event
of a replat, the subdivider shall reimburse the City for all costs
incurred in the process of carrying out all replatting requirements
as outlined in Section 7.03.
7.
These fees
shall be charged on all plats, regardless of the action taken by the
Planning and Zoning Commission and the City Council, and whether the
plat is approved or denied.
8.
The subdivider
shall cause a certified or cashier’s check to be made payable
to the City of West to cover all recording fees involved in finishing
the platting process and have this delivered to the City Secretary
prior to the submission for approval.
(Ordinance adopted 5/18/1994)
In the event a subdivider develops independently of the City
of West furnishing engineering and inspection of required improvements,
the subdivider shall furnish a good and sufficient maintenance bond
with a reputable and solvent corporate surety, in favor of the City,
to indemnify the City against any repairs which may become necessary
to any part of the construction work performed in connection with
the subdivision, arising from defective workmanship or materials used
therein, for a full period of one year from the date of final acceptance
of the entire project. Final acceptance will be withheld until said
maintenance bond is furnished to the City Attorney for approval. The
maintenance bond shall have attached thereto a copy of the contract
for such improvements and such other information and data necessary
to determine the validity and enforceability of such bond. When the
bond has been examined and approved, the City Attorney shall furnish
the City Council with a written certification that the maintenance
bond is valid and enforceable as regards all improvements required
by subdivisions, which have not been approved as provided by law and
further, no permits shall be issued by the Building Inspector of the
City on any piece of property other than an original or a resubdivided
lot in a duly approved and recorded subdivision or on a lot of separate
ownership of record prior to the adoption of the subdivision ordinance.
(Ordinance adopted 5/18/1994)
Whenever the standards and specifications in this ordinance
conflict with those contained in another ordinance, the most stringent
or restrictive provision shall govern.
(Ordinance adopted 5/18/1994)
If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be unconstitutional, void or invalid,
the validity of the remaining portions of this Ordinance shall not
be affected thereby, it being the intent of the City Council in adopting
this ordinance that no portion thereof, or provision or regulation
contained herein shall become inoperative or fail by reason of the
unconstitutionality or invalidity of any section, subsection, sentence,
clause, phrase or provision of this Ordinance.
(Ordinance adopted 5/18/1994)
This Ordinance shall become effective on the 18th day of May,
1994.
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EXHIBIT “A”
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(Ordinance adopted 5/18/1994)
