ATTACHMENTS
Attachment 1 - Exhibit A
(a) 
Title.
This article shall be known as and may be cited as “subdivision regulations.”
(b) 
Statement of policy.
Chapter 212, subchapter A, sec. 212.001 et seq., TX. Loc. Gov’t. Code allows for the governing body of the municipality to coordinate the platting, replatting and conversion of undeveloped land into building sites which create long-range impacts on the development of the city. This article and the regulations therein set forth are formulated to best serve the needs of public and private interests within the city and surrounding areas. The general health, safety, morals, and general welfare of citizens of the city will be better served by the utilization of this article through which a safe, orderly and helpful development of the municipality can be had.
(Ordinance 17-08 adopted 11/21/17)
Abutting.
Adjacent; joining at a boundary.
Alley.
Any public street generally twenty feet in width, having no official name, which is designated primarily for and service of public utilities and for service access to the back side of properties abutting: (1) primarily, a public street on the front side of the lot; or (2) occasionally, a public street on the side of the lot. The alley shall extend only secondary access to the abutting property unless approved by site plan, plat or existing zoning.
Building setback.
Building lines (front, rear, and side) located horizontally a minimum distance from and parallel to the corresponding (front, rear, or side) lot line. No portion of a building shall extend over such lines unless provided for in the zoning ordinance, as supplemented or amended.
Drainage design manual.
The manual adopted and approved by the city council that establishes requirements for drainage plans, drainage analyses, drainage design, and construction in newly developing or redeveloping areas.
Easement.
An authorized use, specifically stated for whom and for what purpose over the land owned by one entity and used by another authorized entity.
Extraterritorial jurisdiction (ETJ).
The unincorporated area, as set forth in the Texas Local Government Code and in a contract between the city and City of Wichita Falls and being contiguous to the corporate limits of the city.
Lake area.
The part of any natural stormwater impoundment area in the city or ETJ, if any, the perimeter of which has been established by a duly designated engineer of the city or any state, federal or local authority and being the area below the estimated high-water level. See also section 10.01.004(f).
Lot.
A parcel of land occupied or intended for occupancy by a use permitted by the zoning ordinance, including one main building with its accessory buildings, the open spaces and parking spaces required by the zoning ordinance and having its principal frontage on a street or upon an officially approved place, which parcel of land shall be designated as a separate and distinct tract and is identified by a tract or lot number or symbol in a duly approved subdivision plat of record.
Master drainage plan.
That plan adopted and approved by the city council that predicts, under urbanized watershed conditions, an estimated peak water surface elevation for playa lakes, rates of overflow between playa lakes and certain improvements to stormwater flow paths for certain areas studied within the corporate limits of the city and certain areas within the city’s extraterritorial jurisdiction.
Master thoroughfare plan.
A general plan (the “plan”) for the roads, streets, public highways and alleys within the city and the ETJ. The plan shall designate the type and width of all streets.
Person.
Any individual, association, firm, corporation, governmental agency, or political subdivision.
Plan, comprehensive.
The comprehensive plan of the city and adjoining areas adopted by the city council including all its revisions. The plan indicates the general locations recommended for various land uses, transportation routes, public and private buildings, streets, parks, and other public and private developments and improvements.
Plat.
A map of a subdivision showing the location and boundaries of actual or proposed tracts and/or lots, as well as other information including streets and alleys, contours, easements, survey and distance information, and other required items.
Plat, final.
A subdivision map prepared with by a registered professional with survey data conforming with all required inclusions and signatures, and filed in the county clerk’s office as a legal designation for the illustrated tracts, lots, streets and easements.
Plat, preliminary.
A working instrument for review and comment by the city council. The first map or plan for a proposed subdivision which serves as a working instrument for review and comment by the city council or its designated person or named group. Required changes are noted within the acceptance or rejection of the plat. Each preliminary plat shall contain all contiguous property.
Plats coordinator.
An employee of the city designated by the city council to be the administrative staff person responsible for the platting coordination process.
Replatting.
The alteration of any part or all of any lot, block or tract of a previously platted subdivision.
Street.
As defined in the zoning ordinance and shall further be defined as a dedicated public way for vehicular traffic and other public uses.
Street access.
Each platted tract or lot within the city shall front on a public street, and shall have rear access to an alley, unless provided for otherwise under a provision of existing city ordinances or as amended.
Street, collector.
Collector streets are those which transfer traffic from residential streets to thoroughfare streets as designated on the plan.
Street, industrial.
Industrial streets are those which provide for safe and efficient travel of heavy industrial traffic from industrial areas to the major traffic system of thoroughfares and highways, including the principal entrance streets of and streets for circulation in the industrial areas as designated on the plan.
Street, residential.
Residential streets are those which are used primarily for access to the abutting properties, generally within residential areas as designated on the plan.
Subdivider.
A person who causes land to be divided into a subdivision for himself or others or seeks authorization therefor.
Subdivision.
The division of a tract of land within the corporate limits, or within the extraterritorial jurisdiction of the city, divided in two or more parts for the purpose of laying out any subdivision of any tract of land or any addition to the city, or for laying out suburban lots or building lots, or any lots, and streets, alleys or parks or other portions intended for public use, or used by the public with the implied or expressed consent of the subdivider or the use of purchasers or owners of lots fronting thereon or adjacent to the streets, alleys and parks. A division of land for agricultural purposes into lots, parcels, or tracts of five (5) acre or more not involving a new street or alley shall not be deemed a subdivision. The term resubdivision shall be included within this definition.
Terms, phrases, words, etc.
Terms, phrases, words and their derivatives which are not expressly defined herein shall be construed in accordance with customary uses, in municipal planning, law, and engineering practices.
Thoroughfare streets or highways.
The major streets of the city traffic system. The thoroughfare is used primarily for fast and/or heavy traffic moving in large volumes at moderate speed on intercity or intracity trips as designated on the plan.
Zoning ordinance.
The currently enacted zoning ordinance together with all supplements, current ordinances relating thereto, and all future amendments and supplements, if any.
(Ordinance 17-08 adopted 11/21/17)
(a) 
Plat required.
The owner of a tract of land located within the limits, or in the extraterritorial jurisdiction of the city who divides the tract in two or more parts to lay a subdivision of the tract, including in addition to the municipality, or to lay out suburban, building, or other lots, and to lay out streets, alleys, squares, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts must have a plat of the subdivision prepared (section 212.004, T.L.G.C.).
(b) 
Preplat conference.
Developers are encouraged to meet with city staff prior to submittal of a preliminary plat. The plats coordinator shall receive plats, communicate staff comments, and direct developers to specific departments when questions exist.
(1) 
Plats coordinator shall work with any subdivider to provide appropriate recommendations and advice for the preparation of subdivision plats.
(2) 
The subdivider shall bear responsibility for a timely submission of a plat meeting all requirements of this article. Review of plat materials well in advance of plat submittal deadline will allow for recommendations by staff to be considered by the subdivider.
(3) 
Because all plats within the city become a part of total development, the developer should consider not only the area within the plat, but also the conditions of the abutting property and the interest of adjacent property owners.
(4) 
Areas within the jurisdiction of the city council subject to flood conditions, as established by the city engineer, shall not be considered for subdivision until provision for drainage and/or cut and fill plans have been approved by the council.
(c) 
Preliminary plat; procedure for conditional approval.
(1) 
The preliminary plat prepared in accordance with this article shall be presented to the plats coordinator in compliance with stated schedules and filing deadlines, if any, issued by the council.
(2) 
Two (2) paper copies and one electronic copy in pdf format of the preliminary plat shall be submitted to the plats coordinator together with an application and processing fee of $15.00 in accordance with the zoning ordinance, section 23 or as set by the city council by resolution or ordinance.
For each proposed plat or reapproval, the council shall receive staff recommendation as to need for a corrected plat. The corrected plat, if required, shall consist of two (2) paper copies and one electronic copy in pdf format. When required by the council, the preliminary plat process shall not be completed until the corrected copies are filed with the plats coordinator.
(3) 
Preliminary plats, including portions of any preliminary plat not having been filed as a final plat, require annual renewal to continue as an approved preliminary plat. Upon notification by the proponent of the desire for reapproval and payment of fees, each plat or portion thereof subject to reapproval shall fall into subsection (A) or (B) following:
(A) 
Automatic renewal.
Review by the plats coordinator may determine that existing conditions and the preliminary plat are compatible, requiring no formal action by the council. With plats coordinator approval, the plat shall continue under the original stated conditions until the next annual review.
(B) 
Conditions having changed within or adjacent to the preliminary plat or automatic renewal having been denied.
The plat shall be placed upon the council’s agenda. Notification shall be sent to proponent/applicant/subdivider specifying the following:
(i) 
Recommendation of review by the council for the preliminary plat;
(ii) 
The filing deadline and meeting date of the council when the review shall occur;
(iii) 
The plats coordinator shall recommend corrected copies be submitted before reapproval is complete;
(iv) 
Recommended valid previous conditions and additional conditions.
(4) 
Such consideration for renewal under subsection (c)(3)(A) and (B) above shall require a fee of $15.00 in accordance with the fee schedule as adopted by the city council and periodically adjusted. If such fee is not received, staff shall not place the plat on the agenda of the council. Upon reapproval of a plat by the commission, the commission may require up to twenty-five (25) corrected copies (reflecting all approved conditions) which shall be submitted to the plats coordinator before the reapproval process is complete.
(5) 
The following notice shall be stamped on the face of each preliminary plat by the secretary of the planning commission: “Preliminary Plat–For inspection purposes only, and in no way official or approved for recording purposes.”
(6) 
Following review of the preliminary plat and other material submitted in accordance with these regulations, negotiations with the subdivider on changes together with the kind and extent of improvements to be made, council shall, within thirty (30) days, act thereon as submitted, or modified. The council shall express its approval as conditional approval and state the conditions, if any, or if disapproved, shall express its disapproval together with its reasons therefor.
(7) 
Interested persons shall be sent notice of conditions from the plats coordinator.
(d) 
Excavations and fills in areas other than lake areas; procedures for securing permission.
The approval of the council shall be secured before any excavation, removal of earth, reshaping or cut and fills are made which will affect drainage. Excepted from this requirement are those excavations and fills made in the course of construction such as foundations, basements, or subfloors, which are authorized by a building permit. Procedures include:
(1) 
On reaching conclusions, including advisement of city staff, regarding a general plan, the subdivider shall submit three (3) paper copies and one electronic copy in pdf format of a cut and fill plan with all appropriate information to the city plats coordinator or city manager.
(2) 
The cut and fill plan shall be accompanied by a fee in accordance with the fee schedule as adopted or to be adopted by the city council.
(3) 
The plan shall be titled, “Cut and Fill Plan _____ Subdivision (or plat),” providing the proper name and also the comment, “For inspection purposes only, not officially approved for recording purposes.”
(4) 
Following review of the cut and fill plan and other material submitted for conformity with these regulations, and negotiations with the subdivider on changes deemed advisable, the kind and extent of improvements to be made, the council shall, within thirty (30) days, act thereon as submitted, or modified. The city council shall express its approval as conditional approval and state the conditions of such approval, if any, or if disapproved, shall express its disapproval and its reasons.
(5) 
The action of the council shall be noted and attached with two (2) copies of the cut and fill plan. One (1) copy of the approved written conditions shall be mailed to the subdivider, the other filed by the plats coordinator.
(6) 
Should the council deem necessary, the subdivider shall resubmit a correct cut and fill plan, providing three (3) paper copies and one electronic copy in pdf format reflecting all required changes before the cut and fill plan process is complete.
(7) 
Upon completion of any cut and/or fill work, a certified “as-built” cut and fill plan shall be provided by a registered state professional engineer or registered land surveyor to the city engineer. All fill areas shall be subject to the following:
(A) 
Testing shall be performed in accordance with ASTM standards by a commercial testing laboratory. ASTM is the American Society for Testing Materials.
(B) 
All fill materials shall be compacted to ninety-five (95) percent standard proctor density in accordance with ASTM D-698.
(C) 
Field densities shall be determined in accordance with ASTM D-2167 (rubber balloon density method), ASTM D-1556 (sand cone density method), or ASTM D-2922 (nuclear density method).
(D) 
Four (4) field densities shall be taken per acre of fill material and densities shall be taken for each six-inch depth, or portion thereof, of succeeding depths of fill materials. Each area of fill material less than one-half acre shall have a minimum of two (2) field densities for each six-inch depth, and areas of fill material between one-half acre and one (1) acre shall have a minimum of three (3) field densities for each six-inch depth.
(E) 
Each lift shall have a maximum depth of six (6) inches.
(F) 
The field densities shall be taken in such a manner as to be a representative sampling of the six-inch depths. The location of the tests shall be proportionately spaced to represent approximate equal areas of each acre being tested. Testing shall not occur at the same location in succeeding depths, so a representative sampling of the total fill may be obtained.
(G) 
The location of the field density tests shall be indicated upon a map to become a part of the certified as-built cut and fill plan.
(H) 
Copies of all test results with location maps shall be furnished to the city engineer with the certified as-built cut and fill plan.
It shall be unlawful for any person, firm, corporation, or association, as owner, proprietor, lessee, or occupant of any lot or tract of land to engage in or authorize a cut and fill, excavation, removal of earth, or reshaping in or upon such property, without first securing the approval of the city in the manner set forth above.
(e) 
Final plat; procedure for approval.
(1) 
The final plat shall conform to the approved preliminary plat, and may constitute only a portion of the approved preliminary plat provided that such portions conform to all requirements of these regulations. The final plat shall contain full width right-of-way dedication for all streets and alleys within and abutting the portion proposed for final plat as shown on the approved preliminary plat.
(2) 
Two (2) paper copies and one electronic copy in pdf format of the final plat, together with one (1) reproducible sepias and supplementary materials required for approval, shall be prepared as specified in section 10.01.006 shall be submitted to the city council through the plats coordinator. All materials shall be submitted to the council within three hundred sixty-five (365) days after approval of the preliminary plat; otherwise, such approval shall automatically terminate, unless prior to termination, an extension of time is applied for and granted by the city council.
(3) 
Final plats submitted for approval must be accompanied by payment of charges in excess of deposit as set forth by the zoning ordinance.
(4) 
Upon notification of the city engineer by the plats coordinator, estimates of costs for public improvements within the proposed final plat shall be prepared.
(f) 
Plat in extraterritorial jurisdiction; requirement to plat in extraterritorial jurisdiction of the city.
Subdivision of property for development within the extraterritorial jurisdiction of the city shall be approved by the city council in accordance with these regulations.
(g) 
Procedure for securing closure of streets or alleys.
Prior to the final passage of any street or alley closure ordinance, if the proponent is not the city, there shall be required a plat of record approved by the council for such street or alley in its closed state.
(Ordinance 17-08 adopted 11/21/17)
(a) 
Streets.
Streets in the city serve two major functions, traffic movement and drainage. The subdivider shall consider the impact of any proposed development on each of these functions:
(1) 
The arrangement, character, extent, width, grade, and location of all streets shall conform to the master thoroughfare plan and other master plans of the city and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.
(2) 
Where such is not shown in the master thoroughfare plan, the arrangement of streets in a subdivision shall either:
(A) 
Provide for the continuation of appropriate projection of existing principal streets in surrounding areas; or
(B) 
Conform to a plan for a neighborhood approved or adopted by the city council to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impractical.
(3) 
The subdivider shall assume responsibility for providing a plan which continues all thoroughfare and collector streets in accordance with the current master thoroughfare plan, and shall consider all existing and potential development adjacent and abutting the proposed plat.
(4) 
Where a subdivision abuts or contains an existing or proposed thoroughfare or greater street, the subdivider shall provide for abutting lots to side on the street in question. When the council deems such situations unadvisable, the council may require marginal access streets, reverse frontage, deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic. When double or reverse frontage occurs, the plat shall indicate that the lesser designated street frontage involved will provide primary access to the lots in question.
(5) 
Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, the city council may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate uses of the intervening land. Such distances shall also be determined with due regard for the requirements of approach and future grade separations.
(6) 
Street design with centerline offsets of less than one hundred twenty-five (125) feet shall be avoided, and considered by the council only when specific circumstances dictate a need for less offset.
(7) 
Street intersections shall be as near to right angles as possible, and four-way intersections of residential streets shall be avoided unless recommended by the city engineer for drainage purposes.
(8) 
At each street intersection, the property line at each block corner shall be rounded with a curve or radius of not less than fifteen (15) feet.
(9) 
Street right-of-way width shall conform with tables set forth in exhibit A, which is made a part hereof, copies of which shall be kept in the office of the secretary of the planning and zoning commission and open to public inspection.
(10) 
Half streets shall be allowed only where essential to the reasonable development of the subdivision and with approval of the city engineer, and where the city council finds it will be practical to require the dedication of the other half when the adjoining property is subdivided. Wherever a half street is adjacent to an unsubdivided tract, the other half of the street shall be dedicated when the adjacent tract is platted.
(11) 
When half-width paving is approved, the subdivider shall obtain a working easement from the adjacent landowner for installation of the half-street paving improvements; approval by the city council shall be required for half-width paving where full dedication exists.
(12) 
Dead-end streets may be platted were the city council deems desirable and where the land adjoins property not subdivided, in which case the streets shall be carried to the boundaries thereof.
(13) 
Cul-de-sac streets shall not be longer than six hundred (600) feet and shall be provided at the closed end with a turnaround having an outside right-of-way diameter of at least one hundred (100) feet. Length of cul-de-sac streets is encouraged to be no greater than three hundred thirty (330) feet. Cul-de-sac streets shall be measured from the mid-point of the closest intersection to the center of the radius.
(14) 
In consideration of the drainage function of streets, when cul-de-sac or dead-end streets abut undeveloped property, the subdivider shall be responsible for obtaining drainage easements onto or through abutting property sufficient to insure drainage of the proposed development.
(15) 
Cul-de-sac streets, whether containing a drainage easement or not, shall be platted with pedestrian access easement (a minimum of four (4) feet in width) from the cul-de-sac to the abutting street. A fence shall not block such access.
(16) 
Sidewalks are required and shall be constructed and maintained. Minimum sidewalk width shall be four (4) feet or in accordance with state accessibility standards, which is greater. Sidewalk installation is not a requirement prior to final plat.
(17) 
Islands shall not be allowed in public streets unless approved by the city council.
(18) 
Minimum and maximum street grades shall be in accordance with the drainage design manual.
(19) 
Stormwater runoff hydraulic carrying capacities of street shall be analyzed in accordance the drainage design manual.
(20) 
R-1 and R-1A street widths shall not be used except by express written consent of the city council.
(21) 
Surface pavement, flexible base, asphalt stabilized base (as applicable), and subgrade shall be designed in accordance with accepted engineering practice for the conditions and expected traffic load. In no case, however, shall an asphaltic cement (hot-mix) surface course be less than two inches in thickness nor shall a flexible base course be less than six (6) inches in thickness even though engineering pavement design procedures would permit lesser thicknesses. Flexible base and asphalt stabilized base (as applicable) courses shall be carried at full thickness to one foot outside the back of the curb and gutter section.
(22) 
Minimum cross slope for street crowns shall be 0.02 feet per foot (two percent) unless otherwise specifically approved by the city council.
(23) 
Handicap ramps and such other handicap access as mandated by the state accessibility standards and/or the Americans with Disabilities Act shall be incorporated into the design of curbs and gutters and crosswalk areas. Designs shall meet the requirements of the state accessibility standards.
(b) 
Alleys.
(1) 
Alleys shall be provided in commercial and industrial districts, except that the city council may waive this requirement where other definite and assured provision is made for service access.
(2) 
In residential districts, alleys shall be provided parallel or approximately parallel to the frontage of all streets.
(3) 
The width of any alley shall be twenty (20) feet.
(4) 
Where two (2) alleys intersect, a cutoff of not less than (10) feet along each property line from the normal intersection of the property lines shall be provided.
(5) 
Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with turnaround facilities at the dead end as determined by city council.
(6) 
Alleys shall be arranged to assure proper drainage.
(7) 
Alley paving is required adjacent to property zoned as other than single-family residential if the site drainage for the property allows drainage to the alley. Such alleys shall be paved to the point of discharge at the nearest paved street, another alley or a drainage channel.
(8) 
Alley hydraulic capacity for carrying stormwater runoff and the water erosion potential of unpaved alleys carrying stormwater runoff shall be analyzed in accordance with the drainage design manual.
(9) 
All alleys in the city containing railroad tracks shall be paved from right-of-way to right-of-way line.
(c) 
Primary access alleys.
Certain development projects may use rear access. In these cases, consideration must be provided for the primary access and secondary access function being combined on the alley. The standard twenty-foot alley is not designed to facilitate both. Therefore, when rear access is proposed, the developer shall provide:
(1) 
A standard twenty-foot alley shall be dedicated with a three-foot utility, garbage collection and access easement on each side of the alley proposed for rear access. No portion of a primary access alley easement or alley shall be fenced.
(2) 
The primary access alley shall be paved to specifications of the city engineer. The paving shall consist of a ten-foot paved section in the center of the right-of-way. A wider paving cross section may be installed with approval of the city engineer.
(3) 
The developer shall insure the installation of all public utility services and utility service taps to the property line prior to preparation for and actual paving of the alley. Tap location shall be properly identified for future location. Every vehicular access to the alley paving shall be paved.
(4) 
Within each block face proposed for rear entry access, a paved vehicular ten-foot minimum access easement from the paved alley to the adjacent street shall be provided for each two hundred fifty (250) feet of development. Maintenance of such access easements shall remain a private responsibility. The building official shall not approve a final inspection of any structure within a 250-foot development until at least one (1) of the abutting access easements is paved and complete. The building official shall not approve a final inspection for the structure constructed on the final remaining development lot in each 250 feet of development until the second abutting paved access is complete.
(5) 
Each access easement shall have a concrete paved cutoff of not less than eight (8) feet along the paved alley line and the access easement line from the normal intersection of the access easement and the alley paving.
(6) 
Each development block approved for rear access, when the city council shall require paving as a plat condition, shall have the alley paved to city specifications or have submitted an approved paving contract and surety bond or letter of credit to the city engineer prior to filing of the final plat.
(7) 
Where a primary access alley intersects a public street, a dedicated right-of-way cutoff of not less than ten (10) feet along each property line from the normal intersection of the property lines shall be provided.
(8) 
Primary access alleys shall not intersect T-1 or T-2 thoroughfare streets.
(d) 
Blocks.
(1) 
The lengths, width and shapes of blocks shall be determined with due regard to:
(A) 
Provisions of adequate building sites suitable to the special needs of the type of use contemplated.
(B) 
Zoning requirements as to lot sizes and dimensions. Blocks proposed for townhouses, and zero lot line (patio homes) development shall be stated on the face of the plat.
(C) 
Needs for convenient access, circulation, control and safety of street traffic. In areas where residential streets intersect, four-way intersections shall be avoided, notwithstanding conditions stated in subsection (d)(1)(D).
(D) 
Limitations and opportunities of topography. Not only shall conditions within the proposed plat be considered, but also adjacent and abutting properties whether platted or unplatted.
(2) 
Block length and depth shall relate directly to conditions, opportunities, and constraints for creating the greatest benefit to traffic circulation, safety, drainage and zoning.
(3) 
Cul-de-sac streets shall not exceed six hundred (600) feet in length, and are encouraged to not be greater than three hundred thirty (330) feet in length, from the center of the radius to the centerline of the nearest intersection.
(4) 
In all subdivisions, sidewalks shall be required in the parkway. Construction of sidewalks is not a requirement prior to final plat.
(5) 
Layout of blocks shall take into account off-site drainage patterns that affect the subdivision, concentrations of flowing waters, the need for runoff water conveyance, the need for playa overflow conveyance, the predicted high-water levels of playa lakes, playa lake overflow patterns and other drainage-related criteria contained in these subdivision regulations, the mater drainage plan and the drainage design manual.
(e) 
Lots.
(1) 
The lot size, width, shape and orientation shall be appropriate for the location of the subdivision and for the type of development and use contemplated.
(2) 
Lot dimensions shall conform to the requirements of the zoning ordinance.
(3) 
Each lot shall front upon a public street or upon an access easement that has access to a public street when approved by the city.
(4) 
Double frontage and reverse frontage lots shall be avoided, except where essential to provide separation of residential development from traffic thoroughfares or to overcome specific disadvantages of topography and orientation. The frontage providing a primary access to any residential lot or tract shall be the lesser designation of the two streets involved, and the primary access frontage of the lot shall be clearly stated on the face of the plat.
(5) 
Side lot lines shall be substantially at right angles or radial to street lines.
(6) 
Where the area is divided into larger lots than for normal urban building sites and, in the opinion of the city council, any or all of the tracts are susceptible of being resubdivided, the original subdivision shall be such that the alignment of future street and utility dedication may conform to the general street layout in the surrounding area.
(f) 
Lakes area.
In the interest of the health, safety and welfare of the residents of the city, dedication of lake areas for stormwater drainage and impoundment areas necessary for flood control and preservation of natural drainage shall be required as follows:
(1) 
Procedure to obtain commission approval for a playa lake cut and fill plan is same as section 10.01.003(d)(1)–(7) hereof. Any approved plan shall remain in force until the plan is submitted for amendment by the subdivider;
(2) 
Upon completion of any cut and/or fill approved under this section, an “as-built” certified plan shall be provided by a registered state professional engineer or registered land surveyor and shall be filed with the city engineering department;
(3) 
All land within a lake area shall be dedicated as public land for stormwater drainage and impoundment in its natural state at the time of platting, after recommendation by the community facilities division; or
(4) 
Land within a lake area shall be dedicated as public land for stormwater drainage and impoundment subject to approval of the city in conjunction with a proper cut and fill plan, after approval of the city, under the following conditions:
(A) 
Land may be reclaimed for private use provided the total reclaimed shall not exceed 30% of the total land in the lake area which is owned by the developer. Land reclaimed for use as public right-of-way shall not be considered as part of the 30% private area.
(B) 
All areas remaining in the lake area below the high-water elevation shall be dedicated as public land for stormwater drainage and impoundment.
(5) 
Where variations of dedication requirements, as listed above, are approved by the city allowing land below high-water elevation to be retained as private recreational or open space land, covenants of ownership agreements providing for the perpetual ownership and maintenance of such area must be submitted to and approved by the city attorney and the city and filed of record with the final plat.
(6) 
Development of all lake areas shall conform to the following requirements:
(A) 
Improvements within or adjacent to such lake area shall be in accordance with final plat approval requirements hereof.
(B) 
Areas to be dedicated as public land for stormwater drainage and impoundment shall be designated on plats and referenced in the dedication deed as “stormwater drainage and impoundment” and shall be designated by a lot or tract number.
(C) 
No final plat for any lot or tract adjacent or within a lake area or on a bordering street may be recorded until such lake area has been dedicated as described herein, along with dedication of such stormwater storage and drainage easements as shall be required by the city engineer or as directed by the council.
(D) 
All borrow slopes shall conform to the requirements of the drainage design manual.
(E) 
All fill areas shall conform to the requirements of the drainage design manual.
(F) 
The lake area volumes shall conform to the requirements of the drainage design manual.
(7) 
The dedication of the lake areas for stormwater drainage and impoundment areas shall not prohibit the use of such area for public uses not inconsistent with stormwater drainage and impoundment.
(8) 
Areas within the jurisdiction of the city that are subject to flooding conditions as established by the master drainage plan or by federal government flood hazard boundary maps, and for which cut and fill plans are being proposed, shall not be considered for final plat until proposed cut and fill plans have been approved by the city.
(g) 
Energy considerations (reserved).
Energy considerations, particularly those related to solar, are relatively new to the American public. Since virtually every aspect of land development has an effect on energy use, it is the intent of this reserved subsection to simply remind and encourage the subdivider to do his or her part for energy-efficient development schemes. As solar and alternate energy technology advances, and “solar rights” become more established under the law, this subsection may be expanded to better provide for public and private rights. At present, the main objective for the subdivider shall consist of orientation of blocks and lots on an east/west axis such that southerly exposure for structures is maximized.
(Ordinance 17-08 adopted 11/21/17)
(a) 
Preliminary plat.
The subdivider applicant shall provide two (2) paper copies or prints and one electronic copy in pdf format of the proposed subdivision drawn to scale of one hundred (100) feet to one (1) inch; provided, however, that for subdivisions of one (1) acre or less, the plat may be drawn to a scale of fifty (50) feet to one (1) inch. Scale per inch may be varied for tracts of more than 1 acre with consent of the plats coordinator. Preliminary plats shall not be considered acceptable for filing and council review unless the plat is received by the plats coordinator before published deadline and containing the following information:
(1) 
All contiguous land under common ownership shall be included in the preliminary plat.
(2) 
Scale, north arrow, date, exact acreage and other pertinent data.
(3) 
Property owner’s name, address and telephone number.
(4) 
Accurate one-foot interval contours according to established United States Coastal and Geodetic Survey datum.
(5) 
Boundary lines, bearing and distances sufficient to locate the exact area proposed for subdivision.
(6) 
The name and location of all adjoining subdivisions shall be drawn to the same scale and shown in dotted lines adjacent to the tract proposed for subdivision in sufficient detail to show accurately the existing streets and alleys and other features that may influence the layout and development of the proposed subdivision. Adjacent unplatted land shall show property lines and owners of record.
(7) 
The location and width of all streets, alleys, easements and ways existing or proposed within the subdivision limits. All easements requiring that the easement shall not be fenced shall be stated on the face of the plat.
(8) 
The location of all existing property lines, buildings, sewer or water mains, gas mains, or other underground structures, other existing features within the area proposed for subdivision.
(9) 
Proposed arrangement of lots and proposed use of same. All lots, plats or building sites in any original subdivision shall be numbered consecutively from one to the total number of lots in the subdivision. The elimination of block numbers of letters is desired. All lots, plots, or building sites in any resubdivision shall be lettered A, B, C, etc.
(10) 
The title under which the proposed subdivision is to be recorded, the name of the owner with sufficient data to show ownership and the name of the person platting the tract. The proposed title shall not conflict with current records.
(11) 
Sites, if any, to be reserved or dedicated for stormwater impoundment areas, parks, playgrounds, or other public uses.
(12) 
Sites reserved or dedicated for stormwater impoundment areas, parks, or other public uses shall contain no blanket utility easement until approved by the director of community facilities division or authorized representative.
(13) 
Double frontage lots shall have the lesser designated of the two streets labeled as the primary access street.
(14) 
When blocks are proposed for townhouse or zero lot line lots (patio homes,) the proposed use shall be labeled clearly on the face of the plat.
(15) 
One copy of the preliminary drainage plan and map prepared in accordance with these subdivision regulations and the drainage design manual.
(b) 
Protective covenants.
Drafts of any protective covenants and deed restrictions shall be provided with preliminary plat whereby the subdivider proposed to regulate land use in the subdivision.
(Ordinance 17-08 adopted 11/21/17)
(a) 
Final plats data for final approval.
(1) 
Final plat.
The subdivider applicant shall provide one (1) reproducible sepia and two (2) paper copies which shall be drawn upon sheets either eighteen (18) inches by twenty-four (24) inches or twenty-four (24) inches by thirty-six (36) inches and shall be at a scale of one hundred (100) feet to one (1) inch, except as set forth in section 10.205(a) [sic]. The subdivider shall also provide one (1) electronic copy in pdf format. Where necessary, the plat may be on several sheets accompanied by an index sheet showing the entire subdivision. The survey for a final plat shall be prepared only by a registered professional land surveyor. The final plat shall incorporate all preliminary plat information and conditions approved by the city council and shall show the following:
(A) 
All plats shall clearly show the limits of the exact area and acreage to be subdivided.
(B) 
Primary control points, approved by the city’s engineer, or descriptions and “ties” to such control points, to which all dimensions, angles, bearings and similar data shall be referenced on the face of the plat.
(C) 
When the approved subdivision abuts or is adjacent to an existing recorded plat of the city, the final plat shall be tied by survey to such existing plat, or to an adjacent section corner.
(D) 
All street rights-of-way, alleys and easements shall be clearly shown with accurate dimensions, bearings, radii, central angles, chord distances and tangent lengths to readily establish their exact location. Location of points of intersection and points of tangency of street intersections other than right angle intersections. Also, property lines of all lots, tracts and parcels shall be clearly shown with accurate dimensions, bearings, radii, chord distances and central angles of all curve segments for all total curves.
(E) 
Any existing public dedication within the proposed subdivision subject to closure or abandonment shall be abandoned by the plat and shall receive approval by ordinance from the city council.
(F) 
Name and right-of-way width of each street or other right-of-way.
(G) 
Location, dimensions and purpose of all easements.
(H) 
Numbers and letters to identify each lot or tract; double frontage lots shall have primary access street clearly marked.
(I) 
Location and description of monuments.
(J) 
Reference by name to recorded plats of adjacent and abutting properties.
(K) 
Surveyor’s certificate to be placed on the plat:
KNOW ALL MEN BY THESE PRESENTS:
That I, _____, do hereby certify that I prepared this plat from an actual and accurate survey of the land that the corner monuments shown thereon were properly placed under my personal supervision, in accordance with the subdivision regulations of the city.
Certificate of approval by the city council: (To be placed on plat)
Approved this _____ day of _____ , 20_____ , by the city council of the City of Lakeside City, Texas.
_______________________
Mayor ATTEST:
_______________________
City Secretary
(L) 
Title, scale, north arrow and date.
(M) 
Notice shall be stated on plat: “All easements dedicated hereby shall entitle the city, or the utility company using such easements, to the right to remove, repair or replace any lines, pipes, conduits or poles within such easements, as may be determined by the city or utility company without the city or utility company being responsible or liable for the replacement or improvements, paving or surfacing of the easement necessitated by such repair, removal or replacement. Easements designated or intended for vehicular passage (utility and emergency) or pedestrian access easements shall not be fenced or otherwise obstructed.”
(N) 
No final plat shall contain a blanket utility easement for any stormwater impoundment, area or park dedicated for public use without prior written approval of the city council.
(O) 
Notice shall be stated on the plat: “No building permit shall be issued on any survey certificate not in accordance with this final plat.”
(P) 
When the approved subdivision or any portion lies within or adjacent to a lake or flood area that is identified on the Federal Insurance Administration’s flood hazard maps, notice shall be printed on the face of the final plat that, “A portion of the above surveyed property is within the boundary of a special flood hazard area as established by the Federal Insurance Administration.”
(2) 
Deed of dedication.
The dedication deed shall be acknowledged in the manner prescribed by the laws of the state for recordation of real property transfers. Two (2) true copies shall be furnished with the original. The spouse of any married person executing such dedication deed shall join with his or her spouses therein unless satisfactory proof be provided showing that the property to be subdivided does not constitute any portion of the person’s homestead and positively designates and identifies such person’s homestead, and shall state the address thereof. Lienholders shall execute a subordination agreement subordinating their liens, or enter into the dedication, if any, to all public streets, alleys, parks, public easements, school sites and any other public areas shown on the plat of such subdivision as being set aside for public uses and, purposes. The dedication deed shall, in addition to the above requirements, contain the following:
(A) 
An accurate description of the plat of land subdivided.
(B) 
A statement and express representation that the parties joining in such dedication deed are the sole owners of such tract of land.
(C) 
An express dedication, if any, to the public for public use forever the streets, alleys, rights-of-way, stormwater impoundment areas, parks, public easements, school sites and other public places shown on the attached plat.
(D) 
A positive reference and identification of the plat of such subdivision by the name of such subdivision, date of plat and surveyor.
(3) 
Certificate of ownership.
A statement prepared by an attorney licensed by the supreme court of the state or title insurance company licensed to do business in the state that the title to the property has been examined and shall name all owners and lienholders of the tract of land.
(4) 
Certificate of improvement.
The city’s engineer shall furnish the city council with certification that all improvements required by subsection (b) hereof which have been completed prior to final approval have been satisfactorily completed in accordance with all city plans and specifications for such improvements, and shall further certify that sufficient cash has been deposited, a surety bond, or approved letter of guaranteed performance (approved by the city attorney) has been furnished with the city to secure the completion of all the improvements so required which are incomplete. Any surety bond shall have attached thereto a copy of the contracts for such improvements and such other information and data necessary to determine the validity and enforceability of such bond.
(5) 
Protective covenants.
Protective covenants, where required by ordinance as a condition by the council, in form for recording.
(6) 
Tax certificate.
Tax certificate showing that all taxes have been paid on the tract to be subdivided, and that no delinquent taxes exist against the property. No letter or statement that taxes are paid in full shall be acceptable from other than the central appraisal district of the county.
(7) 
Other data.
Such other certificates, affidavits, endorsements or dedications as may be required by the council for the enforcement of these regulations.
(8) 
Final drainage plans and analyses.
Two copies of the final drainage plans and analyses.
(9) 
Proposed construction plans and specifications.
Two copies of the proposed construction plans and specifications, sealed in accordance with the state professional engineer’s board rules by the subdivider’s engineer who shall be licensed in the state, for review and approval by the city prior to beginning any construction of subdivision improvements.
(b) 
Improvements required prior to acceptance of the final plat.
(1) 
Monuments.
Monuments shall consist of pipes or rods of magnetic quality in lengths of 18" or longer and shall be placed at all block corner and control points. Control points are any property corner of any tract, parcel or lot which is not square or rectangular.
(2) 
Streets.
Grading, drainage and drainage structures necessary to the proper use and draining of streets, highways and ways, and to the public safety, all in accordance with plans and specifications of the city.
All streets within or abutting the proposed subdivision shall be paved and curb and gutter installed, according to city specifications. Provided, however, this shall not be required when the city council finds a street either within or bordering the proposed subdivision where paving or curb and gutter construction is not feasible due to existing right-of-way or drainage difficulties. All paving shall be to the width specified in exhibit A, and shall be constructed under the supervision of the city engineer. In the case of half width streets along the boundary of a proposed subdivision, the subdivider shall deposit the estimated cost of paving such half-width streets with the city secretary. Cost of all paving shall be borne by the subdivider except that the city may participate in the cost of paving with consent of the council given by resolution.
Preliminary grades shall be established for all streets and alleys prior to actual utility installation to prevent damage to buried utilities. All underground utility lines required in a street, alley or easement shall be installed prior to the installation of subbase, base or surface of the street.
The developer is responsible for the coordination of installation of utilities within streets, alleys and easements.
(3) 
Water and sewer installation.
Water and sewer lines shall be installed to serve all lots within the proposed subdivision under the provisions of section 43.056 Tex. Loc. Gov’t. Code, but 43.056 Tex. Loc. Gov’t. Code time limitations shall not be required when the city council finds that water and sewer is not available and cannot be made available in the immediate fixture. Utility pro-rata costs if established shall be based on the rates in effect at the time of utility line construction. Water and sewer line horizontal locations and vertical grades shall take priority over all other utility installations in new or redeveloping subdivisions. Other utilities shall not be placed directly above any water or sewer utility line, and shall be sufficiently offset horizontally to allow the city to access the water and sewer lines for repairs, inspections and the installation of service taps. The design analysis and construction plans for water and sewer lines shall take into account any master plans adopted by the city for water and sewer services.
(4) 
Street lighting.
The minimum requirement for street lighting facilities shall be one streetlight at each street intersection within or abutting the subdivision. Light standards shall be approved by the city.
(5) 
Street name signs.
Street name signs for streets shall be placed at all street intersections within or abutting the proposed plat. Street signs shall be of a style approved by the city and shall be placed in accordance with the current standards of the city. Costs for street signs shall be provided by the subdivider for the original sign and installation.
(6) 
Bond in lieu.
In lieu of the completion or installation of any or all of the above improvements, and before the final plat is approved and accepted, the city shall accept a cash deposit, surety bond, or letter of guarantied performance (approved by the city attorney) to secure to the city the actual cost of such improvements as estimated by various city departments.
(7) 
Record drawings.
The city shall be furnished one reproducible Mylar copy and one nonreproducible blueline, or one nonreproducible full-scale photocopy, of the post construction “as-built” or “record” drawings which shall reflect the changes made during construction from the previously approved proposed construction drawings in regard to final water and sewer profile grades and horizontal locations, final service connection locations where service connections are installed by the subdivider, fire hydrant and water valve locations, sanitary sewer manhole locations, significant changes in street and alley grades, alterations of previously approved drainage paths and drainage structures, and such other post construction information as the city may require. The “as-built “ or “record” drawings shall carry a state licensed engineer’s seal in accordance with rules and regulations of the state professional engineer’s board.
(c) 
Withholding improvements until approved.
The city shall withhold all city improvements of whatsoever nature including the furnishing of sewerage facilities and water service from all additions, which have not been approved as provided by law and further, no permits shall be issued by the building official on any piece of property other than an original or a resubdivided lot in a duly approved and recorded subdivision. Provided, however, that the improvements and permits shall not be withheld when the city council finds one of the following situations to exist:
(1) 
Where improvements are necessary to comply with other ordinances of the city which carry a penalty for failure to comply.
(2) 
Where leased property lies on railroad right-of-way, and such property is adequately served by streets and utility easements.
(Ordinance 17-08 adopted 11/21/17)
(a) 
Any person who wishes to revise a subdivision plat which has been previously filed for record must make an application of the proposed revised plat to the city council. The replat of the subdivision shall meet all the requirements for a subdivision that may be pertinent. However, if the subdivision as replatted does not require any appreciable alteration or improvement of utility installations, streets, alleys, building setback lines, etc., then no engineering plans or preliminary plat will be required
(b) 
Any person who wishes to revise a subdivision under this article must also submit a deed of dedication, certificate of ownership and tax certificate as required in section 10.01.006(a) of this chapter.
(c) 
In the event the proposed replat involves property which has been previously developed or zoned as single-family or duplex residential use then special requirements are triggered as follows:
(1) 
After an application is filed for a replat affecting single-family and duplex property, the city manager shall give notice of the application to be published in the official newspaper of the city at least fifteen (15) days before the date of the city council meeting at which it is to be considered. Such notice must include a statement of the time and place at which the city council will meet to consider the replat and to hear protests to the revision at a public hearing. Additionally, written notice must be sent to all owners of property located within two hundred feet (200') of the property upon which the replat is requested. Such notice may be served by depositing the notice, properly addressed and postage paid, at the local post office.
(2) 
If twenty percent (20%) or more of the property owners to whom notice has been required to be given file a written protest of the replatting before or at the public hearing, then the affirmative vote of at least three-fourths (3/4) of the city councilmembers is required to approve the replat.
(d) 
Each person who wishes to revise a subdivision plat under this article must submit to the city a fee of $200.00 for each replat application.
(Ordinance 17-08 adopted 11/21/17)
(a) 
General.
Where the city council finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured, provided that such variance shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the city council shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:
(1) 
The granting of the variance will not be detrimental to the public safety, health or welfare or injurious to other property;
(2) 
The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property;
(3) 
Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result as distinguished from a mere inconvenience or financial loss, if the strict compliance with these regulations is carried out; and
(4) 
That any variance does not violate any other city ordinance.
(b) 
Conditions.
In approving variances, the city council may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of these regulations.
(c) 
Procedures.
A petition for any such variance shall be submitted in writing by the subdivider at the time when the preliminary plat is filed with the plats coordinator prior to consideration by the city council. This procedure shall also apply to any request for variance related to an existing approved plat. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner, and include clear reference to the portion of these regulations creating the hardship.
(Ordinance 17-08 adopted 11/21/17)
(a) 
Administrative official.
The city secretary shall administer and enforce this article unless otherwise delegated at the discretion of the city council.
(b) 
Penalties for violations.
Any person, landowner, building owner or occupant, who shall violate any of the provisions of this article or who shall fail to comply with any of the provisions of this article or who shall build, alter or occupy any building, structure or land in violation of any statement or plan submitted and approved hereunder shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a maximum fine not to exceed the amount within the jurisdiction of the municipal court.
In addition to this remedy the administrative official may institute on behalf of the city any appropriate action or proceedings to prevent any violation of this article.
(Ordinance 17-08 adopted 11/21/17)
(a) 
Violation of any provisions of this article shall be deemed a misdemeanor punished by the maximum fine authorized to be imposed by the municipal court.
(b) 
At the request of the governing body of the municipality, the municipal attorney or any other attorney representing the municipality may file an action in a court of competent jurisdiction to:
(1) 
Enjoin the violation or threatened violation by the owner of a tract of land of a requirement regarding the tract and established by, or adopted by the governing body under, this article; or
(2) 
Recover damages from the owner of a tract of land in an amount adequate for the municipality to undertake any construction or other activity necessary to bring about compliance with a requirement regarding the tract and established by, or adopted by the governing body under this article.
(c) 
A reference in this section to an “owner of a tract of land” does not include the owner of an individual lot in a subdivided tract of land.
(Ordinance 17-08 adopted 11/21/17)