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other ordinances in conflict herewith are hereby repealed and the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.
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.
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).
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.
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.
The word “city” shall refer to the municipal
corporation, City of Schulenburg, Texas.
The words “city administrator” shall mean the
person employed as the chief administrative officer of the city, and
duly appointed by the city council.
The words “city attorney” shall mean the person
employed as attorney of the city, and duly appointed by the city council.
The words “city council” shall mean the duly
and constitutionally elected governing body of the city.
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.
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.
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.
The word “county” shall refer to the County of
Fayette, Texas.
The words “county commission” or “commissioner’s
court” as generally termed, shall mean the duly and constitutionally
elected governing body of Fayette County, Texas.
A public right-of-way not more than six (6) feet in width
between property lines which provides pedestrian circulation.
A street having but one (1) outlet to another street and
terminated on the opposite end by a vehicular turnaround.
The term “dead-end street” means a street, other
than a cul-de-sac, with only one (1) outlet.
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.
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.
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.
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.
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.
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.
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.
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, 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.
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.
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.
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.
The “lot depth” is the length of a straight line
connecting the midpoint of the front and rear lot lines.
The “lot width” is the average length of the
front and rear property lines.
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.
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.
The word “may” is permissive.
The term “minor street” shall refer to any public
street which is not classified as a major thoroughfare or secondary
street.
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.
The term “person” means any individual, association,
firm, corporation, governmental agency, or political subdivision.
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.
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.
The term “preliminary plat” means the first or
introductory plat of a proposed subdivision.
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.
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.
A “public street” is a right-of-way dedicated
to public use for pedestrian and vehicular traffic and public utility
purposes.
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.
The word “shall” is always mandatory.
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.
The word “street” means a public right-of-way,
however designated, which provides vehicular circulation and access
to adjacent property.
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.
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.
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.
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.
The term “surveyor” means a licensed state land
surveyor or a registered public surveyor, as authorized by the Texas
Land Surveyors Registration Act.
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.
(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.
(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)
Floor area ratio (FAR)
Open space ratio (OSR)
Livability space ratio (LSR)
Recreation space ratio (RSR)
Total car ratio (TCR)
Occupant car ratio (OCR)
Definitions.
is maximum square footage of total floor area permitted for
each square foot of land area.
is minimum square footage of open space required for each
square foot of floor area.
is minimum square footage of nonvehicular outdoor space required
for each square foot of floor area.
is minimum square footage of recreation space required for
each square foot of floor area.
is minimum number of parking spaces required for each living
unit.
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.
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.
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)
