AN ORDINANCE REGULATING, CONTROLLING, AND GOVERNING THE SUBDIVISION OF LAND; THE PLATTING AND DEVELOPMENT OF SUBDIVISIONS AND ADDITIONS TO THE CITY; PRESCRIBING REQUIREMENTS; REPEALING ANY OTHER ORDINANCES IN CONFLICT HEREWITH; RESERVING A SAVINGS CLAUSE; PROVIDING FOR FILING FEES; PROVIDING PENALTIES FOR VIOLATIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHULENBURG, TEXAS:
This ordinance is adopted under the authority of the Constitution and laws of the State of Texas, including particularly Article 974a, Vernon’s Texas Civil Statutes (V.T.C.S.), Platting and Recording Subdivisions or Additions, as heretofore or hereinafter amended; Article 970a, V.T.C.S., Texas Municipal Annexation Act as heretofore or hereinafter amended; Article 427b, V.T.C.S., County Clerk’s Failure of Duty in Recording Plats; Vernon’s Penal Code; Article 6626, V.T.C.S., What May be Recorded; Article 1137h, V.T.C.S., Recording Maps or Plats of Subdivisions of Real Estate; Vernon’s Penal Code; and all other ordinances in conflict herewith are hereby repealed and the following prescribed regulations shall be in full effect.
(Ordinance adopted 6/15/73; Ordinance adopted 11/17/92)
The purpose of this ordinance is to provide for the orderly, safe, and healthful development of the area within the city and in the area surrounding the city and to promote the health, safety, morals, and general welfare of the community.
(Ordinance adopted 6/15/73; Ordinance adopted 11/17/92)
For the purposes of this ordinance, the following terms, phrases, words, and their derivations shall have the meaning ascribed to them in this section. When not inconsistent with the context, words used in the present tense include the future, words used in the singular number include the plural; and words used in the plural number include the singular. Definitions not expressly prescribed herein are to be determined according to customary usage.
Alley.
An “alley” is a minor public right-of-way which provides a secondary means of vehicular access to abutting property and which is used primarily for vehicular traffic to the rear or side of properties, which otherwise abut on a public street.
Block.
A “block” is a tract or parcel of land designated as such [on] a duly recorded plat and may be entirely surrounded by public streets or by a combination of public streets and public parks, cemeteries, railroad rights-of-way, or natural or man-made physical features that disrupt what would otherwise be an unbroken landscape (for example, ditches, gullies, ridges, et cetera).
Building.
A “building” is any structure which is built for the support, shelter, or enclosure of persons, animals, chattels, machinery, equipment, or movable property of any kind.
Building line or building setback line.
The term “building line” or “building setback line” shall refer to a line parallel to the street right-of-way line and defines an area on the building lot between the street right-of-way line and the building line, within which no building shall be constructed.
City.
The word “city” shall refer to the municipal corporation, City of Schulenburg, Texas.
City administrator.
The words “city administrator” shall mean the person employed as the chief administrative officer of the city, and duly appointed by the city council.
City attorney.
The words “city attorney” shall mean the person employed as attorney of the city, and duly appointed by the city council.
City council.
The words “city council” shall mean the duly and constitutionally elected governing body of the city.
City engineer.
The words “city engineer” shall mean the person employed as engineer of the city duly appointed by the city administrator with the approval of the city council.
City planning and zoning commission.
The words “city planning and zoning commission” shall mean the duly organized body of citizens of the city and duly appointed by the city council.
Comprehensive plan.
The term “comprehensive plan” shall refer to the Comprehensive City Plan of Schulenburg and adaptations, amendments, or supplements thereto, which has or have been adopted in principle by the city planning and zoning commission as a guide to future development of the city and its surrounding area.
County.
The word “county” shall refer to the County of Fayette, Texas.
County commission.
The words “county commission” or “commissioner’s court” as generally termed, shall mean the duly and constitutionally elected governing body of Fayette County, Texas.
Crosswalk.
A public right-of-way not more than six (6) feet in width between property lines which provides pedestrian circulation.
Cul-de-sac.
A street having but one (1) outlet to another street and terminated on the opposite end by a vehicular turnaround.
Dead-end street.
The term “dead-end street” means a street, other than a cul-de-sac, with only one (1) outlet.
Developer.
The word “developer” shall mean any person or persons, firm, or corporation subdividing a tract or parcel of land to be sold or otherwise handled for their own personal gain or use.
Double front lot.
A “double front lot” means a building lot, not a corner lot, which has frontage on two (2) streets that are parallel or within forty-five (45) degrees of being parallel to each other.
Easement.
The word “easement” means a strip of land reserved for the use of the public by the grantor, usually at the rear side of lots or parcels of land, in which to install and maintain utility lines, drainage ditches or channels, or for other city or public services; the ownership or title to the land encompassed by the easement being retained by the owner. In granting the easement, the grantor is in effect vesting the public with authority to control the use of land within the easement and in exercising such control, the city may specify that no building or part of a building or other permanent structure or fence, in case of a drainage easement, may be located within the limits of the easement.
Engineer.
The word “engineer” means a person duly authorized and licensed under the provisions of the Texas Engineering Registration Act, as heretofore or hereinafter amended, to practice the profession of engineering.
Extraterritorial jurisdiction.
Within the terms of the Texas Municipal Annexation Act, the term “extraterritorial jurisdiction” means the unincorporated area, not a part of any other city, which is contiguous to the corporate limits of the city, the outer boundaries of which are measured from the extremities of the corporate limits of the city outward for such distances as may be stipulated in the Texas Municipal Annexation Act in accordance with the total population of the incorporated city in which area, within the terms of the act, the city may enjoin the violation of its subdivision control ordinance.
Filing date.
The term “filing date” shall refer to the date which is ten (10) days prior to the regular meeting of the city planning and zoning commission at which the subdivision plat (preliminary or final) is to receive consideration.
Filing fee.
The term “filing fee” shall refer to the prescribed plat and lot fee rates, as hereinafter stipulated, to accompany the filing with the city council, and said plat shall be prepared in accordance with this ordinance.
Final plat.
The term “final plat” shall refer to the map or plan of a proposed subdivision submitted to the city planning department on or before the “filing date,” as the term is defined herein, for approval by the city planning and zoning commission, and said plat shall be prepared in accordance with this ordinance.
Floodplain.
(1) 
Floodplain, intermediate:
That land which lies within a stream channel or adjacent to a stream channel within which flooding frequently occurs, the elevation above sea level of which shall be as established by the city and made of record. It is land which is required to be kept open and non-urbanized in order to maintain upstream floodplain characteristics and insure continued adequate drainage of adjacent land.
(2) 
Floodplain, standard:
That land which includes the intermediate floodplain and that land which lies immediately outside of and adjacent to the intermediate floodplain in which flooding only occasionally occurs, the elevation above sea level of which shall be as established by the city and made of record.
Front or frontage.
The term “front” or “frontage” shall be that portion of a tract of land which abuts on a public street to which it has direct access.
Lot.
The word “lot” refers to a physically 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, lease, or improvement, which is designated as a distinct and separate tract and which is identified by a lot number or tract symbol on a duly approved subdivision plat, which has been properly recorded.
Lot depth.
The “lot depth” is the length of a straight line connecting the midpoint of the front and rear lot lines.
Lot width.
The “lot width” is the average length of the front and rear property lines.
Major street or thoroughfare plan.
The term “major street” or “major thoroughfare” plan shall mean the comprehensive plan of major and secondary streets and highways as a part of the city’s comprehensive plan and adaptations, amendments, or supplements thereto as adopted by the planning and zoning commission and city council.
Major thoroughfare.
The term “major thoroughfare” shall refer to a public street which is designed for and used for fast or heavy traffic, or is intended to serve as a major trafficway of considerable continuity, and is designated as such upon the most recent plan for major thoroughfares of the city as adopted by the planning commission and city council.
May.
The word “may” is permissive.
Minor street.
The term “minor street” shall refer to any public street which is not classified as a major thoroughfare or secondary street.
Pavement width.
The term “pavement width” means the portion of the surface of a street available for vehicular traffic and, where curbs are laid, it is the portion between the face of curbs.
Person.
The term “person” means any individual, association, firm, corporation, governmental agency, or political subdivision.
Planned unit development (PUD).
A single planned unit as initially designed; or such unit as expanded by annexation of additional land area; or a group of contiguous planned units, as separate entities or merged into a single consolidated entity.
Plat.
The term “plat” means a map, drawing, chart, or plan showing the layout of a proposed subdivision into lots, blocks, streets, parks, school sites, commercial or industrial sites, drainageways, building lots, easements, alleys, or any similar type of plat, which a developer submits for approval and a copy of which he or she intends to record in final form.
Preliminary plat.
The term “preliminary plat” means the first or introductory plat of a proposed subdivision.
Preliminary plat[,] master.
The term “master preliminary plat” means the first or introductory plat of a proposed subdivision, where a developer intends to submit, from time to time, fractional final plats.
Public easements.
A “public easement” is a right granted or dedicated to the public or governmental agency in, on, across, over or under property for specified use or uses by an instrument or map duly recorded in the records of the county clerk of Fayette County, Texas.
Public street.
A “public street” is a right-of-way dedicated to public use for pedestrian and vehicular traffic and public utility purposes.
Reserve.
The word “reserve” shall refer to a tract, parcel, or unit of land not physically divided, having frontage on a public street, which is proposed and intended for other than single-family residential use and which is, or in the future may be, offered for sale, conveyance, transfer, lease, or improvement, and which is designated as a distinct separate tract and which is identified by reserve symbol on a duly approved subdivision plat which has been properly recorded with the county clerk of Fayette County, Texas.
Shall.
The word “shall” is always mandatory.
Sidewalk.
The word “sidewalk” means a minimum forty-eight-inch width portland cement paved pedestrian walkway, extending for the entire length of a block or blocks parallel to a street right-of-way line or street pavement edge, which walkway shall be constructed within the right-of-way of any public street.
Street.
The word “street” means a public right-of-way, however designated, which provides vehicular circulation and access to adjacent property.
(1) 
A “major street,” “major thoroughfare,” or “arterial street” means a principal traffic artery or trafficway, usually of more or less continuous routing over long distances, whose function is to serve as a principal connecting street with state and federal highways, and shall include each street designated as a “major thoroughfare” or “street” on the major street or thoroughfare plan of the city or so designated by the planning and zoning commission and city council. Minimum width of right-of-way shall be one hundred (100) feet.
(2) 
A “secondary street” or “collector street” means a street whose function is to collect and distribute traffic between major thoroughfares and minor streets, is not necessarily of continuous routing for long distances, has intersections at grades and provides direct access to abutting property, and shall include each street designated as a “secondary street” on the major street or thoroughfare plan or so designated by the planning and zoning commission and city council. Minimum width of right-of-way shall be eighty (80) feet.
(3) 
A “minor street” means a street whose function is to provide access to abutting residential property within neighborhoods, with all intersections at grade, and not of continuous routing for any great distance so as to discourage heavy, through traffic. Minimum width of right-of-way shall be sixty (60) feet.
Subdivision.
A “subdivision” is any division of property for which a plat is required to be approved and recorded under the provision of Article 974a, Vernon’s Texas Civil Statutes, Article 970a, the Texas Municipal Annexation Act, and under this ordinance. The word “subdivision” shall mean any division of any tract of land situated within the corporate limits of the City of Schulenburg, Texas, or within five (5) miles of such limits, into two (2) or more parts for the purpose of laying out any subdivision of any tract of land or any addition of the city or for laying out suburban lots or building lots, or any lots, 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” shall include resubdivision and, when in the context, shall relate to the process of subdividing or the land, are [area] subdivided. Resubdivision shall mean the division of an existing subdivision, together with any change of lot size therein, or with the relocation of any street lines; however, it does not include the division of land for agricultural purposes in parcels or tracts of five (5) acres or more and not involving any new street, alley or easement of access.
Surveyor.
The term “surveyor” means a licensed state land surveyor or a registered public surveyor, as authorized by the Texas Land Surveyors Registration Act.
Unrestricted.
The word “unrestricted” shall be used to label or designate land proposed to be used for a purpose not consistent with the proposed use of the major portion of the subdivision.
(Ordinance adopted 6/15/73; Ordinance adopted 11/17/92)
A. 
No permit shall be issued by the city for the installation of septic tanks upon any lot in a subdivision for which a final plat has not been approved and filed for record, or upon any lot in a subdivision in which the standards contained herein or referred to herein have not been complied with in full.
B. 
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 or referred to herein have not been complied with in full.
C. 
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, except in a situation in which the city has entered into a development agreement with the subdivider in accordance with other provisions contained in this ordinance.
D. 
The city shall not sell or supply any water, electricity, or sewerage service within a 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.
E. 
In 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.
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, nor to prohibit the repair, maintenance, or installation of any street or public utility services for, to or abutting any lot, the last recorded conveyance of which prior to 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.
(Ordinance adopted 6/15/73; Ordinance adopted 11/17/92; Ordinance adopted 6/18/02)
The planning and zoning commission may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the planning and zoning commission shall prescribe only conditions that it deems necessary to or desirable in the public interest. In making the findings hereinbelow required, the planning and zoning commission shall take into account the nature of the proposed use of the land involved, existing uses of land and zoning 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 planning and zoning commission finds:
A. 
That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of his or her land; and
B. 
That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; and
C. 
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
D. 
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 planning and zoning commission, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the planning and zoning commission meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this ordinance so that the public health, safety and welfare may be secured and substantial justice done. Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship.
(Ordinance adopted 6/15/73; Ordinance adopted 11/17/92)
Prior to the official filing of a preliminary plat, the subdivider should consult with and present a proposed plan of subdivision to the city engineer for comments and advice on the procedures, specifications, and standards required by the city for the subdivision of land.
(Ordinance adopted 6/15/73; Ordinance adopted 11/17/92)
A. 
General.
The subdivider shall cause to be prepared a preliminary plat by a surveyor or engineer in accordance with this ordinance. The preliminary plat will not be recorded.
B. 
Time for filing and copies required.
The subdivider shall file a formal application for preliminary plat approval in writing attaching to the application six (6) blue or black line copies of the plat, together with the original, with the city engineer at least ten (10) days prior to the date at which formal application for the preliminary plat approval is to be considered by the planning and zoning commission. The letter of transmittal of the application shall state the name, address and telephone number of the owner, subdivider, his or her agent and the engineer or surveyor who prepared the plat.
C. 
Filing fees.
Such plat shall be accompanied by a filing fee in the amount established by city council. No action by the planning and zoning commission shall be valid until the filing fee has been paid. This fee shall not be refunded, should the subdivider fail to make formal application for preliminary plat approval or should the plat be disapproved. Filing fees shall be made by check made payable to the City of Schulenburg, Texas, and given to the city engineer or the planning and zoning director with whom the plat is filed and at the time the plat is filed.
Editor’s note–At the request of the city, the specific dollar amount of the filing fee was removed from subsection C. above. Fees can be found in appendix A to this code.
D. 
Fractional final plat.
A subdivider may be required to submit a master preliminary plat of the entire area he or she proposes to subdivide over a period of time and indicate thereon his or her proposed plan of development by increments. After approval of this master preliminary plat, he or she may submit fractional final plats in general accordance with the master plat by units or areas. Each increment or area must be adjacent to a preceding developed increment or area.
E. 
Form and content.
The plat shall be drawn on sheets, twenty-four (24) inches wide and thirty (30) inches long, with a binding margin of not less than one and one-half (1-1/2) inches on the left side of the sheet and margins on the other three (3) sides of not less than three-fourths (3/4) inches. The plat shall be drawn to a scale of one hundred (100) feet to one (1) inch or larger. When more than one (1) sheet is necessary to accommodate the entire area, an index sheet showing the entire subdivision at an appropriate graphic 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 five (5) miles of the city unless the subdivision is contiguous to a recorded subdivision and the plat represents an additional installment or increment of the original subdivision.
(3) 
Names of contiguous subdivisions and the owners of contiguous parcels of unsubdivided land, along with deed record references, 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 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 watercourses and drainage structures within the subdivision or on contiguous tracts.
(8) 
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.
(9) 
Date of preparation, scale or [of] plat and north point.
(10) 
Topographical information shall include contour lines on a basis of five (5) vertical feet in terrain with a slope of two (2) percent or more, and on a basis of two (2) vertical feet in terrain with a slope of less than two (2) percent. Contour lines shall be based upon city datum.
(11) 
A number of [or] letter to identify each lot or site and each block.
(12) 
Front building setback lines on all lots and sites. Side yard building setback lines on all lots and sites. Side yard building setback lines at street intersections and crosswalk ways.
(13) 
Location of city limits line, the outer border of the city’s extraterritorial jurisdiction, and boundaries, if they traverse the subdivision, form part of the boundary of the subdivision, or are contiguous to such boundary.
(14) 
Vicinity sketch or key map at a smaller scale as approved by the city engineer which shall show existing subdivisions, roads, streets, easements, highway and railroad rights-of-way, parks and public facilities and other landmarks 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. Key map shall extend one (1) mile in all directions.
F. 
Processing of preliminary plat.
(1) 
The city engineer shall check the preliminary plat as to its conformity with the comprehensive plan, major street plan, land use plan, 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, and he or she shall check the same for conformity with the standards and specifications contained or referred to herein.
(3) 
The city engineer shall present the preliminary plat data to the planning and zoning commission with his or her recommendations.
(4) 
Within thirty (30) days after the preliminary plat is formally filed, the planning and zoning commission shall approve, conditionally or disapprove such plat. If it is disapproved or conditionally approved with modifications, the planning and zoning commission shall inform the subdivider, in writing, of the reasons at the time such action is taken.
(5) 
Approval of a preliminary plat shall not constitute automatic approval of the final plat.
(6) 
Approval of a preliminary plat shall be effective for six (6) months unless reviewed by the planning and zoning commission in the light of new or significant information which would necessitate a revision of the preliminary plat. If the planning and zoning commission should deem changes in a preliminary plat as necessary, it shall so inform, in writing, the subdivider.
(7) 
If no development has occurred which would affect the proposed plat, after six (6) months of effective approval the planning and zoning commission may, upon application of the subdivider, extend the approval time allowable.
(Ordinance adopted 6/15/73; Ordinance adopted 11/17/92)
A. 
Form and content.
(1) 
The final plat and accompanying data shall conform to the preliminary plat as approved by the planning and zoning commission incorporating any and all changes, modifications, alterations, corrections and conditions imposed by the planning and zoning commission.
(2) 
The final plat shall be drawn in India ink on linen tracing cloth or dimensionally stable matte film sheets twenty-four (24) inches wide and thirty (30) inches long with one and one-half (1-1/2) inch margin on the left side of the sheet, and margins of not less than three-fourths (3/4) inches on the other three (3) sides. This plat shall be drawn at a scale of one hundred (100) feet to one (1) inch or larger. Where more than one (1) 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 one original reproducible tracing as specified in A(2) above and six (6) blue or black line prints which shall contain all of the features required for preliminary plats in section 7 above, and it shall be accompanied by site improvement data bearing the seal of a registered professional engineer and detailed cost estimates of streets, storm drainage, water and sewer facilities to be installed.
(4) 
The final plat and the accompanying site improvement data and detailed cost estimates shall be approved by the city engineer.
(5) 
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 and radii, area, and central angles, degree of curvature, tangent distance and length of all curves where appropriate.
(c) 
All front, side and rear building setback lines.
(6) 
When filed, the final plat shall be accompanied by the following data. All plans and engineering calculations shall bear the seal and signature of an engineer.
(a) 
Streets, alleys, sidewalks, crosswalk ways, and monuments.
Copies of plans and profiles of all streets, alleys, sidewalks, crosswalk ways, and monuments, and four (4) copies of detailed cost estimates.
(b) 
Sanitary sewers.
(1) 
Four (4) copies of the proposed plat, showing two-foot contours and the proposed location and dimensions of existing sanitary sewer lines.
(2) 
Four (4) 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 other than that provided by the city is proposed, four (4) copies of proposed plans and specifications.
(4) 
Four (4) copies of detailed cost estimates.
(c) 
Water lines.
(1) 
Four (4) copies of the proposed plat, showing two-foot contours and the location and size of existing water lines and fire hydrants.
(2) 
Four (4) 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, four (4) copies of the plans, including fire hydrants, of the proposed system.
(4) 
Four (4) copies of detailed cost estimates.
(d) 
Storm drainage.
(1) 
Six (6) copies of the proposed plat, indicating two-foot contours based on City of Schulenburg datum. 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 storm sewers, and at all points in the street at changes of grade or where the water enters another street or storm sewer 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 stormwater flow, including watershed area, percent runoff, and time of concentration. When a drainage ditch or storm sewer is proposed, calculations shall be submitted showing basis for design.
(4) 
When a drainage channel or storm sewer is proposed, complete plans, profiles, and specifications shall be submitted, showing complete construction details.
(5) 
When conditions upstream or downstream from a proposed channel or storm sewer do not permit maximum design flow, high-water marks based on a twenty-five-year frequency, shall be indicated based on existing conditions.
(6) 
Four (4) copies of detailed cost estimates.
(e) 
The final plat shall also include the following:
(1) 
Owner’s acknowledgement and dedications.
(2) 
Certification by the city engineer that all requirements of this ordinance have been met.
(3) 
Approval of the planning and zoning commission of the city.
(4) 
Certification of the surveyor responsible for surveying the subdivision area, attesting to its accuracy.
(5) 
A certificate by the engineer responsible for the preparation of the final plat and supporting data, attesting to its accuracy.
B. 
Processing the final plat.
(1) 
If desired by the subdivider and approved by the planning and zoning commission, the final plat may constitute only that portion of the approved preliminary plat which he or she proposes to record and develop. However, such portion shall conform to all the requirements of this ordinance and the portion or portions of the subdivision for which the final plat is drawn and submitted for approval shall be in successive order of development as exhibited on the previously approved preliminary master plat. All street, water, sewer and storm drainage facilities shown on the final plat shall be constructed in their entirety or acceptable surety provided before acceptance by the city and before such final plat is recorded in the office of the county clerk.
(2) 
As soon as practical after subdivider is notified of the approval of the preliminary plat, his or her engineer shall submit to the planning and zoning commission at an official meeting the final plat of the subdivision or portion thereof.
(3) 
No final plat shall be considered unless a preliminary plat has first been submitted and approved. However, if a preliminary plat has been duly approved and the subdivider wishes to increase the size of the lots by combining two (2) or more lots or by combining one (1) lot with a portion of the adjacent lot in such manner that no portion of a lot remains smaller than the original lots, no additional preliminary plat will be necessary.
(4) 
A final plat of an approved preliminary plat or a portion thereof shall be submitted to the planning and zoning commission with[in] six (6) months of the date of approval of the preliminary plat, otherwise the approval of the planning and zoning commission shall become null and void, unless an extension of time is applied for and granted by the planning and zoning commission.
(5) 
When the final plat is filed with the planning and zoning commission for approval, it shall be accompanied by the fees established by the city council.
Editor’s note–At the request of the city, the specific dollar amount of the filing fee was removed from subsection (5) above. Fees can be found in appendix A to this code.
(6) 
Within thirty (30) days after the final plat is formally filed, the planning and zoning commission shall approve or disapprove such plat. If the final plat is disapproved, the planning and zoning commission shall inform the subdivider in writing of the reasons at the time such action is taken.
(7) 
After the final plat has been approved and subdivider has constructed all the required improvements and such improvements have been approved, or after the plat has been approved and the subdivider has filed the required security hereinafter provided, the planning and zoning commission shall cause the final plat to be recorded with the county clerk of Fayette County. The planning and zoning commission shall also cause the check or checks for the recordation fee deposited at the time the final plat was filed or [for] approval to be delivered with the final plat to the county clerk. No plat shall be filed for record without written consent of the subdivider. If the subdivider fails to give such written consent within ten (10) days of the date of final approval of the plat, the planning and zoning commission may at any time thereafter cancel such approval.
(Ordinance adopted 6/15/73; Ordinance adopted 11/17/92)
A. 
If 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 city engineer, 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 planning and zoning commission prior to approval of the final plat.
B. 
If the subdivider chooses to file security in lieu of completing construction prior to final plat approval, he or she may utilize one 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) 
Performance bond.
Has filed with the planning and zoning commission a bond executed by a surety company holding a license to do business in the State of Texas, and acceptable to the city on the form provided by the city, in an amount equal to the cost of the improvements required by this ordinance and within the time for completion of the improvements as estimated by the city engineer. The performance bond shall be approved as to form and legality by the city attorney.
(2) 
Trust agreement.
Has placed on deposit in a bank or trust company in the name of the city, and approved by the city in a trust account a sum of money equal to the estimated cost of all site improvements required by this ordinance, the cost and time of completion as estimated by the city engineer. Selection of the trustee shall be subject to approval by the City of Schulenburg and the trust agreement shall be executed on the form provided by the city and approved as to form and legality by the city attorney. Periodic withdrawals may be made from the trust account for a progressive payment of installation costs. The amounts of such withdrawals shall be based upon progress work estimates approved by the city engineer. All such withdrawals shall be approved by the trustee.
(3) 
Unconditional guarantee from local bank or local federally insured savings and loan association or other financial institution as approved by the City of Schulenburg.
Has filed with the planning and zoning commission a letter on the form provided by the city, signed by a principal officer of a local bank or local federally insured savings and loan association or other financial institution, acceptable to the city agreeing to pay to the City of Schulenburg, on demand, a stipulated sum of money to apply to the estimated costs of installation of all improvements for which the subdivider or developer is responsible under this ordinance. The guaranteed payment sum shall be the estimated costs and scheduling as prepared by the city engineer. The letter shall state the name of the subdivision and shall list the improvements for which the subdivider or developer is required to provide.
C. 
Guarantee of materials and workmanship.
The subdivider, or developer, shall require of his or her construction contractors, with whom he or she contracts for furnishing materials and installing the improvements, required under this ordinance, and shall himself or herself be responsible for guaranteeing that all materials and workmanship in connection with such improvements are free of defects for a period of one (1) year after acceptance of the improvements by the city engineer.
D. 
If one (1) of the above three (3) types of 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 or she shall inspect such improvements upon completion of construction. He or she shall reject such construction only if it fails to comply with the standards and specifications contained or referred to herein. If he or she rejects such construction, the city attorney shall, on direction of the city council, proceed to enforce the guarantees provided in this ordinance.
E. 
Where good cause exists, the city engineer may extend the period of time for completion under paragraph B. of this section. Such extension of time shall be reported to the planning and zoning commission and recorded in the minutes. No such extension shall be granted unless security as provided in said paragraph B. has been provided by the subdivider covering the extended period of time.
(Ordinance adopted 6/15/73; Ordinance adopted 11/17/92)
No preliminary or final plat shall be approved by the planning and zoning commission and no completed improvements shall be accepted by [the] city engineer unless they conform to the following standards and specifications. All streets and alleys shall be dedicated to the public in accordance with these requirements. No private streets will be permitted.
A. 
General.
(1) 
Conformity with comprehensive master plan.
The subdivision shall conform to the comprehensive plan of the City of Schulenburg and/or Fayette County and the parts, amendments and/or supplements 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 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 area.
(4) 
Half-streets or adjacent streets.
In the case of minor streets, no new half-streets shall be platted.
(5) 
Street intersections.
Street intersections shall be as nearly at right angles as practicable, giving due regard to terrain and topography. All streets, major, collector, or minor, unless otherwise approved by the planning and zoning commission, shall intersect at or near ninety-degree angles.
All intersections shall have a minimum of twenty-five-foot radius at each corner. Streets intersecting with or extending to meet an existing street shall be tied to the existing street on centerline with distances and angles to show relationship.
(6) 
Dead-end streets.
Dead-end streets shall be prohibited except as short stubs to permit future expansion.
(7) 
Cul-de-sacs.
In general, cul-de-sacs shall not exceed five hundred (500) feet in length, and shall have a turnaround of not less than one hundred (100) feet in diameter in residential areas, and not less than two hundred (200) feet in diameter in commercial and industrial areas.
(8) 
Marginal access streets.
Where a subdivision has frontage on an arterial street, the planning and zoning commission may require marginal access streets be provided 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 planning and zoning commission determines 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.
(9) 
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 location and of the width indicated by the comprehensive plan. All major arterial and secondary collector street location, alignment, right-of-way width, pavement width and cross-section shall be determined by the planning and zoning commission in accordance with its adopted major street plan.
(10) 
Street pavement.
All streets of any type shall be paved in accordance with the construction standards of the City of Schulenburg.
(11) 
Minor streets.
Minor streets shall be laid out so as to discourage their use by through traffic.
(12) 
Right-of-way widths.
Widths of rights-of-way shall be as follows:
(a) 
Arterial streets shall have a minimum right-of-way width of at least one hundred (100) feet. Curves in major arterial streets shall have a centerline radius of five hundred (500) feet or more with exceptions to the standard granted by the planning and zoning commission. Curves in major streets shall be separated by a minimum tangent of one hundred (100) feet.
(b) 
Collector streets shall have a right-of-way of at least eighty (80) feet. Curves in secondary or collector streets shall have a centerline radius of three hundred (300) feet or more with exceptions to this standard granted by the planning and zoning commission. Curves in secondary streets are to be separated by a minimum tangent of seventy-five (75) feet.
(c) 
Where the proposed subdivision abuts upon an existing street or half-street that does not conform to paragraphs (a) and (b) above, the subdivider shall dedicate right-of-way sufficient to make the full right-of-way width conform to such paragraphs.
(d) 
Minor streets shall have a right-of-way of at least sixty (60) feet, with exceptions of fifty-foot widths an ultimate length of less than eight hundred (800) feet. Curves in minor streets shall be a minimum centerline radius of three hundred (300) feet. Curves in minor streets shall be separated by a minimum tangent of fifty (50) feet.
(e) 
Nonresidential marginal access streets shall have a right-of-way width of at least fifty (50) feet.
(f) 
Residential marginal access streets, where required, shall have a right-of-way width of at least forty (40) feet.
(13) 
Curbs and gutters.
Curbs and gutters 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 in accordance with city construction standards.
(14) 
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.
(15) 
Streetlights.
Streetlights shall be installed by the subdivider at all street intersections within the subdivision in accordance with construction standards of the City of Schulenburg.
C. 
Alleys.
(1) 
Width and paving. Alleys of not less than twenty (20) feet in the right-of-way width and pavement width shall be installed by the subdivider in all business and industrial areas. Alleys are optional in residential areas but where alleys are provided, shall be not less than twenty (20) feet in right-of-way width, with a paved surface in accordance with city standards of construction. Alleys shall be approximately parallel to the frontage of the street.
(2) 
Intersecting alleys of utility easements.
Where two (2) alleys or utility easements intersect or turn at a right angle, a cut-off of not less than ten (10) 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) 
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 twenty (20) feet in width, taking ten (10) feet from each lot where the rear of two (2) 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.
(2) 
The location and width of sanitary sewer system, water, storm sewer, electrical, anchor, or other city utility easements shall be determined by the city engineer.
(3) 
Where easements are required for other than public utilities, then the location and width shall be acceptable to the private utility company concerned with the approval of the planning and zoning commission.
(4) 
Where any public or private utility line is required to be adjusted in location or elevation, then the developer shall cause such changes to be made with the approval of the city engineer.
(5) 
Where the proposed subdivision adjoins an unplatted area, and a utility easement is dedicated on the unplatted property, then the owner and/or lienholder shall join in the dedication of the easement.
(6) 
Normal curb exposure shall be required where utility easements intersect streets.
(7) 
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, of minimum four-foot width, in accordance with construction standards of the City of Schulenburg, shall be installed by the developer as follows:
(1) 
On the subdivision side, or sides, of all major thoroughfares, or arterial streets.
(2) 
On the subdivision side, or sides, of all secondary, or collector streets.
(3) 
On the residence side, or sides, of all marginal service streets where such service streets parallel major thoroughfares, or arterial streets, adjacent to or within a subdivision.
(4) 
As deemed necessary by the planning and zoning commission in commercial, industrial, public grounds, and multifamily dwelling areas.
F. 
Water installations.
(1) 
Water supply and distribution.
All subdivisions shall be provided with water supply and water distribution systems approved by the city engineer in accordance with city standards of construction.
(2) 
Fire hydrants.
Standard fire hydrants shall be installed as part of the water distribution system per specifications of the state board of insurance and in accordance with city standards of construction.
G. 
Sewers.
(1) 
All subdivisions shall be provided with an approved sewage disposal system approved by the city engineer in accordance with city standards of construction.
(2) 
Connection with the sanitary sewer system shall be required except where the city engineer determines that such connection will require unreasonable expenditures when compared with other methods of sewer disposal. Where septic tanks are installed, the subdivider shall conduct percolation tests under the supervision of the city engineer in order to determine the adequacy of proposed lot sizes. If a sanitary sewage disposal system is to be installed, the plans for such system must be approved by the Texas State Health Department, prior to approval of the final plat by the planning and zoning commission.
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 (3) feet beyond the edge of the pavement.
I. 
Monuments.
(1) 
All block corners, angle points, and points of curve, and all corners of boundary lines of the subdivision shall be [marked] with concrete monuments.
(2) 
The exact intersection point on the monument shall be marked by a three-fourths inch diameter galvanized iron pipe three (3) feet in length with the top of the pipe one (1) inch above the top of the concrete which shall be flush with the existing ground surface.
(3) 
Where, due to topographic conditions, permanent structures, or other conditions, the view is obstructed between any two adjacent monuments, intermediate monuments shall be set so as to assure a clear view between adjacent monuments. All such intermediate property corners shall be marked with reinforcing iron bars one-half inch in diameter by two (2) feet long driven nearly flush with the ground or countersunk slightly to avoid being disturbed.
(4) 
All final plats must be in full accordance with the certification signed by the engineer or surveyor in regard to the plat being properly staked on the ground and in compliance with requirements concerning the markers or monuments used.
J. 
Drainage.
(1) 
Easement.
Where a subdivision is traversed by a watercourse, drainageway, natural channel or stream there shall be provided an easement or right-of-way conforming substantially to the limit of such watercourse, plus additional width to accommodate future needs. Drainage easements shall be determined by the city engineer both as to location and width.
(2) 
Drainage facilities.
Drainage facilities shall be provided and constructed as specified by the city engineer in accordance with city standards of construction.
K. 
Blocks.
Block length shall not exceed one thousand two hundred (1,200) feet, except along major thoroughfares. Maximum block lengths along a major street shall be one thousand six hundred (1,600) feet except under special conditions determined by the planning and zoning commission.
L. 
Crosswalk ways.
Crosswalk ways six (6) feet in width shall be dedicated where deemed necessary by the planning and zoning commission to provide circulation or access to schools, playgrounds, shopping centers, and transportation and other community facilities, or to provide pedestrian circulation within the subdivision. Crosswalk ways shall be provided with a concrete sidewalk six (6) feet wide.
M. 
Minimum lot sizes.
(1) 
Rectangular residential lots shall have a width of at least fifty (50) feet.
(2) 
Rectangular business lots shall have a width of at least twenty-five (25) feet.
(3) 
All lots shall have [a] depth of at least one hundred (100) feet, unless otherwise approved by the planning and zoning commission.
(4) 
Radial residential lots shall have a minimum width of fifty (50) feet frontage on the street. Business lots shall have at least twenty-five (25) feet.
(5) 
Residential lots shall have a minimum of six thousand (6,000) square feet.
(6) 
Corner residential lots shall have a minimum width of fifteen (15) feet greater than the adjacent lot except on a major street, then they shall have a width thirty (30) feet greater than the width of the adjacent lot.
(7) 
Lots facing a major street shall be at least twenty (20) feet deeper than average interior lot depths facing a minor street.
(8) 
In general, lots on one (1) side of a street shall not be offset from the lots on the opposite side of the street.
(9) 
Each lot shall front upon a public street. Lots of irregular shape shall have a frontage of at least fifty (50) feet.
(10) 
Side of lot lines shall be substantially at right angles to straight street lines and radial to curved street lines.
N. 
Building lines.
Building lines or setback lines shall be established and so indicated on all subdivision plats as below stipulated:
(1) 
Single-family and multifamily residential lots.
(a) 
Corner lots.
(1) 
A minimum building setback of twenty-five (25) feet shall be provided on the front and fifteen (15) feet on the side of all corner single-family and multifamily residential lots where such lots side upon minor streets.
(2) 
A minimum building setback of twenty-five (25) feet shall be provided on the front and twenty (20) feet on the side of all corner single-family and multifamily residential lots where such lots side upon secondary streets.
(3) 
A minimum building setback of twenty-five (25) feet shall be provided on the front and twenty-five (25) feet on the side of all corner single-family and multifamily residential lots where such lots side upon major streets.
(b) 
Interior lots.
(1) 
A minimum building setback of twenty-five (25) feet shall be provided on the front and five (5) feet on each side of all interior single-family and multifamily residential lots fronting on minor, secondary and major streets.
(2) 
Commercial and industrial lots in outlying areas other than central business, industrial and shopping center districts.
(a) 
Corner lots.
(1) 
A minimum building setback of twenty-five (25) feet shall be provided on the front and fifteen (15) [feet] on the side of all corner commercial and industrial lots that side upon minor streets.
(2) 
A minimum building setback of twenty-five (25) feet shall be provided on the front and twenty (20) feet on the side of all corner commercial and industrial lots that side upon secondary streets unless specific building lines are otherwise established by City of Schulenburg Ordinance upon a designated secondary street.
(3) 
A minimum building setback of twenty-five (25) feet shall be provided on the front and twenty-five (25) feet on the side of all corner commercial and industrial lots that side upon major streets unless specific building lines are otherwise established by city ordinance upon a designated major street.
(b) 
Interior lots.
A minimum building setback of twenty-five (25) feet shall be provided on the front of all interior commercial and industrial lots that front upon minor, secondary or major streets unless specific building lines are otherwise established by city ordinance upon a designated secondary or major street.
(c) 
Construction across lot lines without replat under certain circumstances.
Notwithstanding any other provision contained in the City’s Code or Ordinances, the owner of two or more adjacent lots shall be allowed to construct a building that extends across such lot lines without securing a replat of the lots, provided that, in conjunction with an application for a building permit, the building official makes the following findings:
(1) 
Setbacks and building lines required by the City’s Code of Ordinances are established or maintained with regard to each distance from the building to be constructed and each exterior lot line;
(2) 
Such construction, without a replat, is not prohibited or restricted by any applicable restrictive covenant, deed restriction, or homeowner association regulation;
(3) 
No utility, drainage, or right-of-way easement, utility line, public utility easement, or related facility will be encroached upon or negatively impacted;
(4) 
The owner of such lots requests in writing that no replat be required;
(5) 
The owner of such lots accepts legal responsibility, in writing, for all effects of such construction, without replatting, as it relates to neighboring properties, financing or title insurance requirements in connection with future conveyances of an affected lot, or any related matter; and
(6) 
The building official does not become aware of any other reason why construction of the building without requiring a replat is not in the public interest.
(Ordinance adopted 6/15/73; Ordinance adopted 11/17/92; Ordinance adopted 7/17/17)
A. 
In general, the subdivider or developer shall be required to construct, at his or her expense, all streets, alleys, sidewalks, crosswalks, sanitary sewers, sewage lift stations, septic tanks or other sewage facilities, water mains, and water systems, drainage culverts, storm sewers, bridges, streetlights and other appurtenances in strict accordance with the construction standards of the city necessary and required to adequately serve the subdivision or addition to be developed by him.
B. 
All streets, utilities and other appurtenances constructed by the developer shall become the property of the City of Schulenburg upon completion and acceptance by the city engineer.
C. 
Upon the passage of this ordinance, it will be the policy of the City of Schulenburg to participate with the developer in the cost of construction of such facilities where sizes and capacities of facilities are required to service urban development of a larger area than that being subdivided or areas extending beyond the limits of the proposed subdivision to the extent hereinafter set forth; but the city reserves the right to consider each facility on its own merits. The city shall also be entitled to participate, upon vote by the city council in subdivision development projects where the city council determines that it is in the best interests of the citizens of the City of Schulenburg to do so. Such development projects may include city participation in the construction of streets, public utilities or other improvements within the subdivision with appropriate agreements with the subdivider or other entities regarding the funding of such improvements, repayment of costs incurred to the city and related matters. Any such development projects shall not be considered a variance under the terms of this ordinance.
(Ordinance adopted 6/15/73; Ordinance adopted 11/17/92; Ordinance adopted 6/18/02)
A. 
Parks and playgrounds.
The location, size and shape of any proposed park or playground shall be in accordance with the master plan of the City of Schulenburg and/or Fayette County as amended or supplemented, as approved by the planning and zoning commission and finally accepted by the city council.
B. 
Schools.
The location, size and shape of any proposed school site shall be in accordance with the comprehensive plan of the City of Schulenburg and/or Fayette County as amended or supplemented, as approved by the planning and zoning commission and finally accepted by the city council.
C. 
Public facilities and other special land uses.
The location, size and shape of any proposed public facility or other special land use site shall be in accordance with the comprehensive plan for the City of Schulenburg and/or Fayette County, as amended and supplemented, as approved by the planning and zoning commission and finally accepted by the city council.
D. 
The disapproval of any proposed park, playground, school, public facility or other special land use site, as above described, by the planning and zoning commission and/or the city council shall be deemed a refusal by the proper authority to accept the offered dedication.
(Ordinance adopted 6/15/73; Ordinance adopted 11/17/92)
Where the proposed subdivision constitutes a unit of a larger tract owned by the subdivider, which is intended to be subsequently subdivided as additional units of the same subdivision, the preliminary and final plats shall be accompanied by a layout of the entire area, showing the tentative proposed layout of streets, blocks, drainage, water, sewage, and other improvements for such area. The overall layout, if approved by the planning and zoning commission, shall be attached to and filed with a copy of the approved subdivision plat in the permanent files of the city engineer. Thereafter, plats of subsequent units of such subdivision shall conform to such approved overall layout, unless changed by the planning and zoning commission. However, except where the subdivider agrees to such change, the planning and zoning commission may change such approved overall layout only when the planning and zoning commission finds:
(1) 
That adherence to the previously approved overall layout will hinder the orderly subdivision of other land in the area in accordance with the provisions of this ordinance; or
(2) 
That adherence to the previously approved overall layout will be detrimental to the public health, safety or welfare, or will be injurious to other property in the area.
(Ordinance adopted 6/15/73; Ordinance adopted 11/17/92)
A. 
Definitions.
(1) 
Townhouse.
The term “townhouse” and “row house” shall be used interchangeably and shall mean a structure which is one of a series of dwelling units designed for single-family occupancy, which are connected or immediately adjacent to each other.
(2) 
Townhouse subdivision.
The term “townhouse subdivision” shall apply to those developments in which it is proposed to partition land into individual lots and construct townhouses which may be individually owned and where the minimum lot sizes are to be less than those required under section 10 of this ordinance.
(3) 
Interior street.
The term “interior street” shall apply to public streets not more than six hundred (600) feet long within a “townhouse subdivision,” which streets are located and designed to serve a limited area within such subdivision and shall not serve other properties outside the subdivision.
(4) 
Access street.
The term “access street” shall apply to those public streets within or bounding a “townhouse subdivision” which serve a townhouse subdivision and other adjacent property.
(5) 
Open space.
The term “open space” shall apply to private property under common ownership designated for recreation area, private park, plat [play] lot area, plaza area, building setbacks and ornamental area open to general view within the subdivision. Open space does not include streets, alleys, utility easements, required buildings setbacks.
B. 
Requirements.
(1) 
General.
All those persons proposing or intending to develop a “townhouse subdivision” within the city or within its area jurisdiction shall comply with the procedural requirements set out in sections 6 through 9 of this ordinance.
(2) 
Streets.
(a) 
Interior streets, if dedicated to public use, shall have a minimum right-of-way width of fifty-five (55) feet and shall be developed with a minimum of thirty-six-foot paving section with concrete curbs and gutters in accordance with city construction standards.
(b) 
Access streets shall have a minimum right-of-way width of fifty (50) feet and shall be developed with a minimum thirty-two-foot pavement section.
(c) 
All “townhouse subdivisions” shall have direct access street to at least one (1) dedicated and accessible public street having a right-of-way width of not less than fifty (50) feet.
(d) 
Alleys shall have a minimum right-of-way of twenty (20) feet and shall be developed with a concrete pavement in accordance with city construction standards.
(3) 
Building setback lines.
(a) 
Building setback lines of twenty (20) feet shall be required on all lots fronting or backing on an access street.
(b) 
Building setback lines of twenty (20) feet shall be required on all lots siding on access streets or upon a plat boundary.
(c) 
No building setback lines shall be required on the sides of lots abutting interior streets, except where traffic safety or other factors necessitate the establishment of such setbacks.
(d) 
Where townhouse lots and dwelling units are designed to face upon an open or common access court rather than upon a public street, said open or common court shall be at least forty (40) feet wide and not more than two hundred (200) feet long, measured from the public street upon which the court must open. Said court may not include vehicular drives or parking areas in front of dwelling units.
(4) 
Lots.
(a) 
Lot area shall be a minimum of two thousand five hundred (2,500) square feet.
(b) 
Lot width shall be a minimum of twenty-five (25) feet.
(c) 
Dwelling units may be constructed up to side lot lines, and openings shall not face a side lot line unless the side wall of the dwelling unit is at least ten (10) feet from the side lot line.
(d) 
Lot size may be reduced under the provision that open space, as defined herein, be dedicated according to the following schedule:
For every one hundred (100) square feet of open space per lot provided, the minimum lot area may be reduced by two hundred (200) square feet. No lot shall, however, have a lot area of less than two thousand (2,000) square feet, and a width of less than twenty-five (25) feet.
Open Space Per Dwelling
Minimum Lot Area
(sq. ft.)
0
2,500
100
2,300
200
2,100
250
2,000
(5) 
Utilities.
All utilities such as sanitary sewer, water, gas, telephone, TV cable and electrical, shall be placed underground.
(Ordinance adopted 6/15/73; Ordinance adopted 11/17/92)
The city engineer is hereby authorized and directed to promulgate rules, regulations, standards and specifications for construction, installation, design, location and arrangement of streets, curbs, streetlights, alleys, utility layouts, utility easements, gates for utility easements, sidewalks, water supply and water distribution systems, fire hydrants, sewage disposal systems, septic tanks, water wells, monuments, criteria for drainage easement requirements, drainage facilities, and crosswalk ways. He or she shall file same with the planning and zoning commission for approval, and thereafter, file with the city at least ten (10) days before they become effective. He or she may amend the same from time to time, upon the approval of the planning and zoning commission, and such amendment shall be filed with the city clerk at least ten (10) days before it becomes effective. No such rules, regulations, standards and specifications shall conflict with this or any other ordinance of the city. All such improvements shall be constructed, installed, designed, located and arranged by the subdivider in accordance with such rules, regulations, standards and specifications.
(Ordinance adopted 6/15/73; Ordinance adopted 11/17/92)
The standards and requirements of the regulations contained in this ordinance may be modified by the planning and zoning commission in the case of a plan and program of development of a new town, a complete large residential community of [or] neighborhood unit, or mass housing project, which contains adequate provisions for circulation, recreation, light, air and service needs of the tract when fully developed and populated and equal to or better than the detailed requirements of these regulations in this ordinance and which also provides such covenants or other legal provisions as will assure conformity to the comprehensive plan of the city.
(Ordinance adopted 6/15/73; Ordinance adopted 11/17/92)
A. 
These regulations shall govern small and large scale developments incorporating a single type or variety of residential and related land uses which are planned and are to be developed as a unit. Such developments may consist of individual lots or may have common building sites. Common land must be an essential and major element of the plan which is related to and affects the long-term value of the homes and other development. A planned unit shall be a separate entity with a distinct character in harmony with the surrounding development. Generally, the purpose of this type unit development is to permit such flexibility and to provide performance criteria which can result in planned developments which produce:
(a) 
A maximum choice in the type of environment and living units available to the public;
(b) 
Open space and recreation areas;
(c) 
A pattern of development which preserves trees, outstanding natural topography and geologic features and prevents soil erosion;
(d) 
A creative approach to the use of land and related physical development;
(e) 
An efficient use of land resulting in smaller networks of utilities and streets and thereby lower housing costs;
(f) 
An environment of stable character in harmony with surrounding development;
(g) 
A more desirable environment than would be possible through strict application of other sections or districts in this ordinance.
B. 
In a planned unit development, if maximum building heights, minimum lot sizes, setback lines, lot widths or lot depths are to be different from established standards for the respective land uses, approval for such deviation must be acquired from the planning and zoning commission. No structure shall be more than two hundred forty (240) feet in length, and there shall be a minimum of fifteen (15) feet between structures. The limit of two hundred and forty (240) feet in length will be waived if the structure is completely equipped with an automatic sprinkler system conforming to the standards of the National Fire Protection Association for the Installation of Sprinkler Systems. No structure shall be constructed within fifteen (15) feet of the exterior property lines of the development.
C. 
Location.
The planned unit development may be established in any residential district. No structure shall be constructed in a delineated floodplain. A structure is defined as anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.
D. 
Submission procedure.
The building official shall, subject to the approval of the planning and zoning commission, establish and publish the procedure for submission and review of proposals for planned unit development. The initial submission to the planning and zoning commission shall consist of a preliminary subdivision plat, and a preliminary development plan. If these are approved by the commission, they will be sent forward to the city council with a recommendation for approval of the request under the condition that the final plat and final development plan with all related information shall be presented to the council, through the commission, within one (1) year from the date of approval of the zone change request; otherwise, the zoning shall revert to that prior to the request. This period of one (1) year may be extended for an additional period of twelve (12) months on presentation and approval of information acceptable to the commission and the city council that extenuating circumstances, beyond the control of the developer, have prevented compliance within the original period of one (1) year.
E. 
Subdivision plat.
The subdivision plat shall be as required by the subdivision regulations, except that consideration will be given to meritorious modification of the “geometric standards” of streets other than “principal streets.”
F. 
Development plans.
The developer shall present plans, reports and related information in sufficient detail to enable the commission to evaluate the proposed development in accordance with the provisions of this section. The commission shall investigate and ascertain that the plans for the planned unit development meet the following conditions:
(a) 
That the tract of land for the project comprises not less than five (5) acres. It may be owned, leased or controlled either by a single person, a group of individuals, or a corporation;
(b) 
That the standards for the maximum floor space permitted and for minimum recreational space, outdoor living space, open space and parking space requirements are related to a land use intensity rating (LUI). The land use intensity (LUI) for a planned unit development shall relate to the zoning districts. The relationship between ratings and standards are established and are as follows:
PUD District
1
2
3
Land use intensity
3.7
4.5
5.8
Minimum average dwelling unit size (city requirements)
1,000 sq. ft.
800 sq. ft.
600 sq. ft.
Maximum # of D.U./acre (city requirements)
7.08
15.4
50.6
Maximum floor area ratio (FAR) (total floor area/total land area)
.162
.283
.696
Minimum open space ratio (OSR) (open space/floor area)
4.8
2.6
1.0
Minimum livability space ratio (LSR) (nonvehicular outdoor space/floor area)
3.3
1.7
.57
Minimum recreation space ratio (RSR) (recreation space/floor area)
.20
.15
.10
Minimum occupant car ratio (OCR) (parking spaces/dwelling unit)
1.6
1.2
.84
Minimum total car ratio (TCR) (parking spaces/dwelling unit)
1.8
2.0
2.0
(1) 
Definitions.
Floor area ratio (FAR)
is maximum square footage of total floor area permitted for each square foot of land area.
Open space ratio (OSR)
is minimum square footage of open space required for each square foot of floor area.
Livability space ratio (LSR)
is minimum square footage of nonvehicular outdoor space required for each square foot of floor area.
Recreation space ratio (RSR)
is minimum square footage of recreation space required for each square foot of floor area.
Total car ratio (TCR)
is minimum number of parking spaces required for each living unit.
Occupant car ratio (OCR)
is minimum number of parking spaces without parking time limits required for each living unit.
(c) 
That the buildings are to be used for residential purposes except:
(1) 
Where the development contains one hundred (100) or more dwelling units, two thousand four hundred (2,400) square feet of floor area for every one hundred (100) dwelling units may be limited business use as permitted in the neighborhood business district. This business area may be in a separate building or incorporated with a two-family or multifamily structure.
(2) 
Where the development contains five hundred (500) or more dwelling units, one (1) acre of land for each one hundred (100) dwelling units may be used for commercial purposes. Only uses permitted in district C-1 general commercial may be included.
(3) 
Where the development contains one thousand (1,000) or more dwelling units, five (5) acres of land for every one hundred (100) dwelling units may be used for industrial purposes. Only uses permitted in district M-1 planned industrial may be included. One (1) acre of land for each one hundred (100) dwelling units may also be used for commercial purposes.
(4) 
Where customary accessory or associated uses, such as residential garages, storage buildings, recreational facilities, community facilities, churches, and schools are to be built as part of the development.
(d) 
[1]That the proposed project will constitute an environment of sustained desirability and stability, and that it will be in harmony with the character of the surrounding neighborhood.
[1]
Original has this as Subsection (5).
(e) 
[2]That the project is in conformity with the policies and goals of the comprehensive plan for development of the city, and will be consistent with the intent and purpose of this section.
[2]
Original has this as Subsection (6).
(f) 
[3]That the property adjacent to the proposed development will not be adversely affected.
[3]
Original has this as Subsection (7).
(g) 
[4]That every structure containing dwelling units have access to a public street directly or via a court, walkway or other area dedicated to the public or owned and maintained by a homes association, but need not front on a street.
[4]
Original has this as Subsection (8).
(h) 
[5]That provisions for the parking of motor vehicles in nonresidential areas are as established in section 7 of the zoning ordinance.
[5]
Original has this as Subsection (9).
G. 
Stage construction.
Stage construction will be considered if the initial stage is five (5) acres or more in area, and each succeeding stage is at least five (5) acres or the balance of the tract. The preliminary development plan and the preliminary subdivision plat shall show all of the development stages and the approximate boundaries of each stage. The final subdivision plat and final development plans for each succeeding stage shall be submitted at not more than one (1) year intervals. The common areas and facilities for each development stage must be planned so that each homeowner in the original planned unit and in each additional stage will have an approximately equal financial stake in the home association’s common facilities and about equal benefit from them.
H. 
Utilities.
The method of providing streets and utilities shall be in accordance with the requirements of the subdivision regulation ordinance, except for the variance as provided for private streets.
H.1. 
Signs.
[6]Signs shall be regulated in each land use as established in respective subsections of section 8 of the zoning ordinance.
[6]
Original has this as in unnumbered subsection.
I. 
Homes association.
A homes association will be required if other satisfactory arrangements have not been made for providing, operating and maintaining common facilities including streets, drives, service and parking areas, common open spaces, and common recreational areas. The incorporation of the homes association must provide for the following:
a. 
Establish automatic membership in a nonprofit homes association of all lot owners in the PUD;
b. 
Place title to the common property in the homes association or give definite assurance that it automatically will be so placed within a reasonable, definite time;
c. 
Appropriately limit the uses of common property;
d. 
Give each lot owner the right to the use and enjoyment of the common property;
e. 
Place responsibility with the homes association for: (1) maintenance and operation of the common property; (2) administration of architectural controls; (3) enforcement of covenants; and (4) maintenance of all or part of the exterior improvements of individual properties;
f. 
Place an association charge on each lot in a manner which will (1) assure sufficient association funds, and (2) provide adequate safeguards for the lot owners against undesirably high charges;
g. 
Provide that a lien shall be placed upon property of which homes association charges are delinquent;
h. 
Give each lot owner voting rights in the association.
The homes association incorporation must meet with the approval of the city attorney and be filed for record with the county clerk.
J. 
Relation of other city ordinances and codes.
The provisions of the housing code, building code, fire prevention code, plumbing code and electrical code, among other codes and ordinances, are specifically mentioned as applicable to a PUD (planned unit development). A building permit for a structure in a planned unit development shall be issued only after the plans for the development have been approved by the planning and zoning commission. All structures in a planned unit development shall be constructed as shown on the approved plans.
(Ordinance adopted 6/15/73; Ordinance adopted 11/17/92)
A. 
Land developers are cautioned that any plat submittal to the planning and zoning commission that involves land that is situated in floodplain areas so designated and established by the city, as defined in this ordinance and in the zoning ordinance, shall be subject to detailed study by the commission.
B. 
No structure may be constructed in the intermediate floodplain, as defined in the definition of floodplain, the elevations above sea level of which shall be as established by the city. Developments in which structures are to be constructed that are situated in a standard floodplain, as defined in the definition of floodplain, the elevations above sea level of which shall be as established by the city, shall be subject to such safeguards as the planning and zoning commission may recommend to protect the land areas and structures from flooding.
C. 
Preliminary and final plats for land developments planned for areas situated in a standard floodplain shall delineate in detail the existing topography with contour intervals of not less than two (2) feet along with such proposals for landfills, protective levee construction, proposed storm drainage systems and such other protective facilities as may be required to render the land buildable for intended structures.
(Ordinance adopted 6/15/73; Ordinance adopted 11/17/92)
A. 
Dedications of streets, alleys, easements and public use sites shall be according to the most recent forms in use by the city and as directed by the city engineer.
B. 
All owners and/or lienholders must join in the dedication.
C. 
If any plat or replat is disapproved by the city planning and zoning commission for any reason, then such disapproval shall be deemed a refusal by the city to accept the offered dedication shown on the plat thereof or to accept any planned or completed improvements within the area covered by any such plat or replat.
(Ordinance adopted 6/15/73; Ordinance adopted 11/17/92)
All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed to the extent of said conflict.
(Ordinance adopted 6/15/73; Ordinance adopted 11/17/92)
Should any portion or part of this ordinance be held for any reason invalid or unenforceable, the same shall not be construed to affect any other valid portion hereof, but all valid portions hereof shall remain in full force and effect.
(Ordinance adopted 6/15/73; Ordinance adopted 11/17/92)
Any person violating any provision of this ordinance within the corporate limits of the City of Schulenburg, Texas, or within its area of extraterritorial jurisdiction, shall be guilty of a misdemeanor, and, upon conviction shall be fined an amount in accordance with the general penalty provided in section 1.01.009 of this code. Each day that such violation continues shall be a separate offense. Prosecution or conviction under this provision shall never be a bar to any other remedy or relief for violations of this ordinance.
(Ordinance adopted 6/15/73; Ordinance adopted 11/17/92; Ordinance adopting 2016 Code)