CHAPTER 11 OF THE LAND DEVELOPMENT CODE
ORDINANCE NO. 134
THE CITY OF NEW DEAL TEXAS
This Ordinance, shall govern every person, firm, partnership,
association, corporation or other legal entity owning any tract of
land within the corporate limits of the City of New Deal Lubbock County,
Texas and within the extraterritorial jurisdiction of this City as
prescribed by the Texas Local Government Code in Chapters 211 and
212, Vernon’s Texas Civil Statutes (V.T.C.S.), as from time
to time amended, who may hereafter divide any tract into two (2) or
more parts for the purpose of laying out any subdivision of any tract
of land or any addition to said City, or for laying out suburban lots
or building lots, or any lots, and streets, alleys or parks or other
portions indicated for public use or the use of purchasers or owners
of lots fronting thereon or adjacent thereto.
(Ordinance 134 adopted 2/28/00; Ordinance adopting Code)
For the purpose of this ordinance, certain terms and words are
hereby defined: terms not defined herein shall be construed in accordance
with other City Ordinances, or adopted ordinances. Other Codes, Building
Codes, or Texas Civil Statutes, or Regulations, or their customary
usage and meaning.
A.
CITY
The City of New Deal, Lubbock County, Texas
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Mailing address -
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City of New Deal
P.O. Box 126
New Deal, Texas 79350
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B.
SUBDIVISION
A subdivision is any of land division regulated as authorized
by the Texas Local Government Code and further described herein. The
provisions contained herein shall apply to any of the following forms
or types of land subdivision and development activity within the City
limits or extraterritorial jurisdiction.
(1)
The following
conditions constitute a subdivision and require subdivision approval
(a)
The
division of any lot, tract, or parcel of land into two (2) or more
lots or Sites for the purpose of sale or building development or transfer
of ownership, Whether immediate or future[.]
(b)
The
resubdivision of land or lots previously divided or platted whether
the approval was by Lubbock County, the City of New Deal, or was legally
recorded in Lubbock County with no documented approval.
(c)
The
combining of two or more contiguous tracts, lots, sites, or parcels
for the purpose of creating one legal lot for the development or sale
for the purposes of the construction of a structure or structures.
(d)
Division
of land into parcels of any size which requires the creation of streets
or public access on right-of-ways.
(2)
The following
conditions shall be exempt from subdivision approval:
(a)
Land
legally platted and filed for record and provided with public streets,
right-of-ways and utility service prior to the date of this ordinance[.]
(b)
Inheritance,
or testamentary division of property for wills, trusts, estates, or
gifts of land by metes and bounds of tracts on which no improvements
or alterations are occurring.
(c)
Divisions
of land created by court orders of competent jurisdiction, of lands
on which no improvements are made, no change in utility service is
required and no access by additional public street or right-of-way
is created,[.]
C.
[Reserved]
D.
SHALL OR MAY
The word “shall” shall be deemed mandatory; the
word “may” shall be deemed permissive.
E.
PLAT
A map or chart of the subdivision. It shall include the plan,
plat or replat, both singular and plural.
F.
MAJOR STREET
A principal traffic thoroughfare, which continues, or is intended
to continue, across the City and which serves to connect remote parts
of the City. It may also be a principal connecting street with State
or Federal highways[.]
G.
SECONDARY
OR COLLECTOR STREET
A continuous street through several residential districts intended
as a connecting street between residence districts and major streets
or business districts.
H.
MINOR OR RESIDENTIAL
STREETS
All streets not otherwise indicated.
I.
CITY SECRETARY
The City Secretary of the City of New Deal also referred to,
as Secretary is a staff position duly appointed by the City Council,
or outer [other] authorized representative of the City Council.
J.
EXTRATERRITORIAL
JURISDICTION
That area adjacent to the corporate limits of the City over
which the City is authorized to control, among other things, subdivisions,
building codes, public utilities, or as prescribed or defined by Texas
State Law.
K.
GENERAL PLAN
A map or plat designed to illustrate the overall general design
features and street layout of a proposed subdivision which is proposed
to be developed and platted in sections.
L.
REVISED PLAT
A plat which has been previously submitted and is being resubmitted
with changes[.]
M.
UTILITY COMMITMENT
A letter from the City documenting that a proposed plat can
be adequately served with water and sewer according to historical
events on record, regulations of the Texas Natural Resources Conservation
Commission (TNRCC) or enforcement actions thereof, and any utility
planning documents approved by the City Council.
N.
CITY ENGINEER
A duty qualified and licensed engineer(s) retained by the City.
In the event the City does not have an engineer or retain an engineer,
his duties herein shall be performed by a person designated by the
City Council[.]
O.
PLANNING DOCUMENTS
Written report, map, or other document developed by the City,
the City’s consultants or staff, or other entities and has been
adopted and amended by the City Council.
P.
CITY PLANNING
AND ZONING COMMISSION
The City Council may appoint a Planning and Zoning Commission
to act in the capacity of reviewing subdivision submittals all planning
and zoning matters, and recommending action to be taken by the Council.
The Council shall approve all such matters and may as governing body,
in the event that it does not appoint a Planning and Zoning Commission;
may also serve or act as the Planning and Zoning Commission. Herein
after the terms, “Planning and Zoning Commission” may
be used to mean the Planning and Zoning Commission as duly appointed
by the City Council, or the City Council serving or acting as the
Planning and Zoning Commission.
Q.
LEGAL LOT
A legal lot is any singular lot, platted, surveyed, legally
divided by metes and bounds, and recorded for legal title with the
Lubbock County Clerk’s office, before the date of this ordinance.
R.
PLANNING AND
ZONING COMMISSION MEETING SCHEDULE
The Planning and Zoning Commission will establish a regular
meeting date each month, and special called meeting dates as deemed
necessary. The regular meeting schedule will be posted at City hall
at all times. The Planning and Zoning Commission Chairman or the Planning
and Zoning Commission may at any time, suspend, or reschedule any
meeting date and time as necessary due to a lack of business, a quorum,
a conflict in schedule, or other matters. Any changes will be posted
as Public Notices at City Hall. Persons having business before the
Planning and Zoning Commission are advised to check at City Hall to
verify the meeting schedule, indicate the character of their business
and request placement on the next available meeting agenda.
S.
BUILDING CODE
The term “Building Code” means the latest revision
of the building code identified in other City of New Deal Ordinances
as “being adopted.” Information is available at City Hall
when requesting Building Permits.
(Ordinance 134 adopted 2/28/00; Ordinance adopting Code)
A.
REGULATIONS
TO CONTROL SUBDIVISION OF LAND
The City Council of the City of New Deal does hereby adopt the
following regulations to hereafter control the subdivision of land
within the corporate limits of the City of New Deal and within the
extraterritorial jurisdiction thereof, in order to provide for the
safe, orderly and healthful development of the community and to secure
adequate provisions for traffic, light, air, recreation, transportation,
water, drainage, sewage, public safety, and other public facilities.
B.
TERRITORIAL
LIMITS OF REGULATIONS
The territorial jurisdiction under this Chapter shall include
all land located within the corporate limits of the City and all land
lying within the City’s extraterritorial jurisdiction which
is currently one-half (1/2) mile or as otherwise described by amendments
of Texas State Law, of the corporate limits of the City, as from time
to time extended.
(Ordinance 134 adopted 2/28/00; Ordinance adopting Code)
A.
CITY PLANNING
AND ZONING COMMISSION APPROVAL REQUIRED
It shall be unlawful for any landowner, or the agent of any
landowner, to lay out, identify and divide by metes and bounds, subdivide,
plat, or replat any land into lots, blocks, and streets within the
jurisdictional limits of the City without the approval of a City Planning
and Zoning Commission and the City Council. It shall also be unlawful
for any such owner or agent to offer for sale or to sell, or to otherwise
transfer ownership of any such property therein or thereby which has
not been laid out, subdivided, platted, or replatted in accordance
with this Chapter.
B.
CITY IMPROVEMENTS
TO BE WITHHELD
The City will make no improvements nor will the City maintain
any streets or furnish any public utility service in any addition
or subdivision for which approved final plat is not on file with the
City Secretary and legally recorded at the County Clerk’s Office.
C.
BUILDING PERMITS
WITHHELD UNLESS ORDINANCE COMPLIED WITH
No street number and no building permit shall be issued for
the construction of any building on any piece of property subdivided
after the date hereof; unless said property has been subdivided or
resubdivided in accordance with this Ordinance.
D.
PENALTIES
TO BE ASSESSED
Any owner, person, or entity of any type may be assessed penalties
for the sale or otherwise transfer of ownership of land in violation
of this ordinance, or other violations, up to the amount provided
for in the Penalties section until the violation is remedied or otherwise
ceases.
(Ordinance 134 adopted 2/28/00; Ordinance adopting Code)
A.
CONCEPT PLAN
(OPTIONAL)
The Concept Plan is not required as part of the subdivision
approval process and is provided to allow a subdivider the opportunity
to discuss with the Planning and Zoning Commission conceptual ideas
regarding potential tracts of land considered for development and
to receive information that may be useful in the subdivider’s
planning. The following criteria allows the Planning and Zoning Commission
to have certain information available when related items are placed
on the agenda and discussed.
(1)
Required
Copies: Filing Deadline
The subdivider may submit a concept plan of the entire area
being subdivided. Ten (10) legible copies shall be submitted to the
City Secretary for presentation to the Planning and Zoning Commission
prior to the designated deadline for preparing agendas preceding the
meeting at which consideration is requested. This date may be obtained
by contacting the City Secretary.
(2)
Minimum
Information Required
(a)
Map
including current property owner, and owners of adjacent tracts, outboundary,
topographical information (from USGS or other source), name of major
streams if any, desired lot and street layout, desired zoning or end
use, location, general sizes on [of] lots and structures, and conceptual
drainage and utilities features.
(b)
Letter
listing approximate number of utility connections, total acreage,
estimated number of lots, special items, any variances that are expected
to be requested, and questions that the subdivider desires to have
responses to.
(3)
Scale
The concept plan shall be drawn to a scale sufficient to adequately
show the detail required or a minimum of one inch equals one hundred
feet (1" = 100') and shall show or be accompanied by the information
outlined herein.
(4)
Planning
and Zoning Commission to Review within Forty-five (45) Days
The Planning and Zoning Commission shall review the concept
plan and within forty-five (45) days, act upon said plan as submitted
or as modified, and shall express its general concurrence as “taking
no exception,” state the conditions of such concurrence, if
any, or if not in concurrence, shall express its disapproval as “exceptions
taken,” and the exceptions and reasons therefor. At the meeting
during which the concept plan comes up for review, the party submitting
such plan shall appear in person or by agent and shall be prepared
to make a presentation to the Planning and Zoning Commission.
(5)
Planning
and Zoning Commission to Note its Action
The Planning and Zoning Commission shall note its action and
conditions or exceptions, if any, on three (3) copies of the concept
plan.
(6)
Distribution
of Concept Plan
Of the three (3) copies, one (1) shall be returned to the subdivider,
one (1) shall be filed with the City Secretary, and one (1) shall
be retained by the Planning and Zoning Commission.
(7)
Authority
to Proceed
Taking no exceptions to the concept plan does not constitute
acceptance of the subdivision, nor do the exceptions taken, or conditions
represent all such current or future items. The concept plan is a
mechanism for the early discovery of historical or obvious problems
without the expenditure of large amounts of money on professional
services. Any work done on the subdivision before the final plat is
accepted and recorded is done at the risk of the subdivider; If any
major exceptions resulting in significant changes are required by
the Planning and Zoning Commission, the commission will review the
submission of a revised concept plan. The subdivider is not required
to submit a revised concept plan and may proceed directly to submittal
of the preliminary plat.
B.
PRELIMINARY
PLAT
(1)
Required
Copies: Filing Deadline
The subdivider shall submit a preliminary plan of the entire
area being subdivided; Ten legible copies shall be submitted to the
City Secretary for review by the Planning and Zoning Commission fifteen
calendar days prior to the next regularly scheduled meeting. When
the Preliminary Plat is approved, a permanent reproducible copy with
any revisions is to be submitted prior to submittal of Final Plat.
(2)
Plat
Requirements
The Plat shall be drawn to a scale of one inch to one hundred
feet (1" = 100') and shall show and be accompanied by the following
information:
(a)
Name
of Subdivision;
(b)
Complete
legal description by metes and bounds;
(c)
Total
acreage and numbers of lots and blocks;
(d)
Name
and address of the owner and the owner’s agent;
(e)
Name
and seal number of registered engineers or surveyors responsible for
the project;
(f)
Scale
1' = 100' [1" = 100'] unless otherwise approved in writing;
(g)
North
point;
(h)
Date,
and date of each revision;
(i)
Boundary
dimensions and bearings;
(j)
A survey
tie to the original survey of which said land is a part;
(k)
Name
and location of adjacent subdivisions, streets, easements, pipelines,
watercourses, etc., and the property lines and name of adjoining property
owners in unsubdivided tracts;
(l)
Existing
and proposed topographic and planimetric features within the subdivision,
including watercourses and ravines, high banks, width of existing
or proposed easements, contour lines at two (2) foot intervals, and
any other physical features pertinent to the subdivision;
(m)
Existing
transportation features within the subdivision including the location
and width of rights-of-way, streets, alleys and easements;
(n)
Proposed
features including location, width, surfacing, and name of streets;
approximate width and depth of all lots, location of building lines,
alleys and easements; and schematic plans and outline specifications
for drainage, sanitary facilities and. utilities.
(o)
Designation
of any sites for special uses including churches, sewage disposal
plants, water plants, business, industry, or other special land uses.
If proposed use is unknown, show as undesignated. Where a proposed
site in the area taken in by a proposed addition or subdivision is
planned for a school, park or public building such site shall be reserved
on the preliminary plat for the proposed facility.
(p)
Limits
of the 25-year and 100-year floodplain for all drainageways draining
into or away from a ten (10.0) acres or more subdivision before and
after the development. If the subject subdivision is proposed to be
located on a tract contributing to downstream drainageways where damage
to structures is known to occur, the aforementioned requirement shall
pertain to subdivision tracts of one (1.0) acre or more.
(q)
[Reserved]
(r)
Statement
that the preliminary plan conforms to the adopted concept plan if
any and including a written request for all variances, stating the
justifications, and;
(s)
Statement
outlining the estimated average single-family lot size; and the estimated
range of lot sizes by groupings of
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less than 7,000 square feet,
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7001 - 8,000 square feet,
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8,001 - 10,000 square feet,
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10,001 - 20,000 square feet,
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20,000+ square feet.
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(3)
Utility,
Commitment Letters
The subdivider shall submit copies of utility commitment letters
from all the utilities including the City of New Deal, that will provide
utilities for the subdivision.
(4)
City
Secretary to Check for Complete Information
The City Secretary or other staff so designated is to check
that the above information has been included in the submittal. If
the submittal, is not complete, it will be returned prior to further
review.
(5)
Planning
and Zoning Commission to Review within Forty-five (45) Days
The Planning and Zoning Commission shall review the preliminary
plat, and within Forty-five (45) days, act upon said plat as submitted
or as modified and, if approved, shall express its approval as “conditional
approval” and state the conditions of such approval, if any,
or if disapproved, shall express its disapproval and the reasons therefor.
At the meeting during which the preliminary plat comes up for review,
the party submitting such plat shall appear in person or by agent
or by attorney.
(6)
Planning
and Zoning Commission to Note its Action
The Planning and Zoning Commission shall note its action and
conditions, if any, on four (4) copies of the preliminary plat[.]
(7)
Distribution
of Plat Copies
Of the four (4) copies, one (1) shall be returned to the subdivider,
one (1) shall be filed with the City Secretary, one (1) shall be furnished
to the building official, and one (1) shall be retained by the Planning
and Zoning Commission[.]
(8)
Authority
to proceed
Approval of the preliminary plat does not constitute acceptance
of the subdivision, but is authority to proceed with the preparation
of the final plat. Any work done on the subdivision before a final
plat is accepted and recorded is done at the subdivider’s risk
and is discouraged.
All [An] approved preliminary plat expires at the end of one
(1) year. The Planning and Zoning Commission may, if written request
from the subdivider is received prior to the end of the one-year period,
grant an extension for up to one (1) additional year.
If any major changes are required by the Planning and Zoning
Commission, the commission may require submission of a revised preliminary
plat for approval.
C.
FINAL PLAT
(1)
Required
Copies: Filing Deadline
Subdivider shall provide one (1) reproducible copy and ten (10)
legible white print copies of the final plat to the Planning and Zoning
Commission after the preliminary plat has been approved and all required
changes and alterations thereto have been made[.]
(a)
No
final plat will be considered unless a preliminary plat has first
been submitted and approved, except:
(I)
that the requirement for a preliminary plat may be waived, in writing,
by the Planning and Zoning Commission if in the commission’s
opinion, the proposed subdivision requires no new streets or utilities
and has an established land use by either existing zoning or existing
development, and
(II)
when the requirement for a preliminary plat is waived in accordance
with (i) above, the applicant shall provide a list of adjacent property
owners outlined in other parts of this section and a public hearing
shall be held by the Planning and Zoning Commission in conjunction
with consideration of the final plat.
(b)
The
final plat shall be filed with the City Secretary at least fifteen
(15) days prior to the meeting at which approval is requested.
(c)
Annexation
Where land to be subdivided lies wholly or partially outside
the existing city limits a final plat shall be accompanied by a petition
for annexation; except where the Planning and Zoning commission determines,
in writing, that the city does not wish to annex or is not capable
of annexing the subject land at the time the application for final
plat approval is requested[.]
(d)
Plat
to be Accompanied by Application for Zoning
Where land to be subdivided lies outside the existing City Limits
and is to be annexed and requires original zoning; or where land to
be subdivided lies within the existing City Limits and requires rezoning
for the uses proposed in the Concept plan, a final plat shall be accompanied
by a zoning request which shall be in conformance with any planning
documents approved by the Planning and Zoning Commission,[.]
(e)
Plat
Requirements
The final plat shall be drawn on substrate of the type, size
and configuration as currently required for filing at the County Clerk’s
Office of Lubbock County and to a scale of one inch to one hundred
feet (1" = 100'). Where more than one (1) sheet is required, an index
sheet of similar size shall be filed showing the entire subdivision.
All restrictive covenants approved or required by the Planning and
Zoning Commission are to be shown on the Index sheet or separate sheet.
The currently accepted size is 18 inches by 24 inches and the material
is mylar. The following information will be shown on or will accompany
the plat:
(I)
A title including the name of the subdivision - the name of the landowner
or owners; the name of the registered public land surveyor responsible
for the preparation of the plat; the scale and location of the subdivision
with reference to an original corner of the original survey of which
said land is a part; the date, north point, and total acres in the
subdivision.
(II)
The certificate of the registered public land surveyor who surveyed,
mapped and monumented the land shall be placed on the face of the
plat as follows:
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THE STATE OF TEXAS
COUNTY OF LUBBOCK
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KNOW ALL BY THESE PRESENTS
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That I, _____ R.P.L.S. do hereby certify the [that] I prepared
this plat from an actual and accurate on-the-ground survey of the
land and that the corner monuments shown thereon were properly placed
by current “Minimum Standards for Professional Land Surveyors”
as adopted by the Texas Board Of Professional Land Surveying, under
my personal supervision, in accordance with the Subdivision Ordinance
of the City of NEW DEAL, TEXAS
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Original Signature and Seal of Registered Professional Land
Surveyor Registration Number
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(III)
A certificate of ownership and dedication to the public of all streets,
easements, alleys, parks, playgrounds, or other dedicated public uses,
signed and acknowledged before a notary public by the owners and any
Holders of liens against the land.
(IV)
An accurate on-the-ground boundary survey of the property with bearings
and distances and showing the lines of all adjacent land, streets,
easements, and alleys with their names and width. (Street, alleys,
and lot lines in adjacent subdivisions shall be shown dashed.) All
necessary data to reproduce the plat on the ground must be shown on
the plat.
(V)
A certificate of approval to be signed by the Chairman of the Planning
and Zoning Commission and the City Secretary shall be placed on the
face of the plat. The plat shall show all existing features within
the area being subdivided, such as existing watercourses, railroads,
width of streets, alleys and easements to be retained and other physical
features deemed pertinent to the subdivision.
(VI)
Streets, alleys and easements that are to be dedicated shall be shown
with the following engineering data:
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For streets: Complete curve data (Delta, Length of Curve, Radius,
Point of Curvature, Point of Reverse Curvature, Point of Tangency)
shown on the centerline of on each side of the street; length and
bearing of all tangents; dimensions from all angle points of curve
to an adjacent side lot line shall be provided. The number of feet
of roadway shall also be shown on the plat.
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For watercourses and easements: Distances to be provided along
the side lot lines from the front lot line or the high bank of a stream.
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Traverse line distances are to be provided along the side lot
lines from the front lot line along the edge of all large watercourses
in a convenient location, preferably along a utility easement if paralleling
the drainage easement or stream.
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(VII)
Lot and block lines and numbers of all proposed lots and blocks with
complete dimensions for front, rear and side lot lines.
(VIII)
Building setback lines shall be shown on all lots.
(IX)
Two (2) sets of plans and specifications prepared by a registered
engineer shall be provided for the installation of water, sewer, paving
and drainage, and said plans and specifications must be approved by
the city engineer or designated city official prior to the beginning
of any construction of the subdivision.
(X)
A receipt showing that all taxes have been paid shall be submitted
with the final plat.
(XI)
The Planning and Zoning Commission shall be satisfied that the subdivider
will be in a financial position to install or cause to be installed
at his own cost, risk, and expense all of the improvements herein
required. The Planning and Zoning Commission may require such security
as it in its sole and absolute discretion may deem best in order to
insure the orderly development within any subdivision.
(XII)
It is expressly understood that as a condition to the approval of
said subdivision, no sales will be completed until all utilities are
installed and all other improvements required by this Ordinance are
made and signed off on within the block in which said lot is contained.
(XIII)
Drainage easements to cover the limits of the 25-year floodplain
(XIV)
Limits of the 100-year floodplain and a citation of the source of
floodplain data.
(XV)
Minimum finished floor slab elevations, at a minimum of two (2) feet
above the 100-year floodplain level, for all lots adjacent to or affected
by the floodplain.
(XVI)
Slab elevations on all structures are to be a minimum of one and
one-half (1-1/2) feet above the top of the curb along any point along
the front lot line.
(XVII)
A certificate of a Registered Professional Engineer shall be placed
on the face of the plat as follows:
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STATE OF TEXAS
COUNTY OF LUBBOCK
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I, _____, do hereby certify that the information contained on
this plat complies with the Subdivision Ordinances and any stormwater
drainage policy adopted by the City of NEW DEAL, Texas.
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Original Signature and Seal of Registered Professional Engineer
Registration Number
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(2)
Planning
and Zoning Commission to Review Final Plat
The Planning and Zoning Commission shall review the final plat,
and when satisfied that all conditions and requirements have been
met, the Planning and Zoning Commission shall approve said plat, using
the following format:
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Approved this _____ day of _____ 2000 by the Planning and Zoning
Commission of the City of NEW DEAL, Texas,
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Chairman
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City Secretary
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(3)
Disapproval
of the Final Plat
Should the final plat, as submitted, fail to meet the conditions
and requirements of this Ordinance, the Planning and Zoning Commission
shall disapprove said plat and note its disapproval thereon, and attach
thereto a statement of the reasons for disapproval. In the event of
disapproval, the City may 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, permits may not be issued by the Building Inspector
or designated public official of the City on any piece of property
other than an original of a resubdivided lot in a duly approved and
recorded subdivision.
(4)
Time
of Approval
Approval or disapproval of the final plat shall be voted by
the City Planning and Zoning Commission within forty-five (45) days
after submission of said final plat. Failure to act within forty-five
(45) days of the regularly scheduled meeting at which the plat would
have been presented, shall constitute approval by the Planning and
Zoning Commission unless additional time is requested by the developer.
D.
ONLY ONE (1)
PLAT REQUIRED
If the Preliminary Plat of a subdivision meets with the hereinbefore
set forth requirements for a Final Plat, the Planning and Zoning Commission
may, on request of the subdivider, consider such plat as a Final Plat
and approve or disapprove the same as such. If the Preliminary plat
is approved only as such, a Final Plat shall be filed in accordance
with the other provisions of this Subdivision Ordinance.
If the subdivider elects to use this alternative, then he shall
provide one (1) reproducible tracing and ten (10) white-print copies
of the plat to the Planning and Zoning Commission.
E.
UTILITIES
If a subdivider or developer wishes to obtain City water, sewerage,
or other services for his proposed or revised subdivision, he shall
be required to obtain approval in writing for the number of proposed
or revised lots prior to submitting a final plat or revised plat to
the Planning and Zoning Commission for its approval pursuant to the
terms and provisions of this Subdivision Ordinance.
(1)
After
a proposed final or revised plat has been issued, approved for utilities
and has received final approval by the Planning and Zoning Commission,
no additional approval shall be required for the issuance of building
permits for lots located within the approved subdivision.
(2)
Application
for Utilities
(a)
With
respect to an application for utilities, the City Engineer will be
primarily guided by the most current planning documents approved by
the City Council.
(b)
The
City Engineer shall issue an opinion to the Planning and Zoning Commission
and City Council based [on] his interpretations of regulations by
the TNRCC, historical performance of the utility, and sound engineering
practice. The Planning and Zoning Commission shall issue a Utility
Commitment Letter in accordance with action taken by the Board.
(c)
Any
participation in off-site utilities by the City of New Deal shall
be approved by the City Council,
F.
NOTIFICATION
REQUIREMENT FOR CERTAIN REPLATS
Where any of the area to be resubdivided or replatted was, within
the immediate preceding five (5) years, limited by an interim or permanent
zoning classification to residential use for not more than two dwelling
units per lot, or if any lot in the preceding plat was limited by
deed restrictions to residential use for not more than two residential
units per lot, then the following additional procedures shall apply:
(1)
Notice
of the public hearing shall be published at least fifteen (15) days
prior to the hearing, in a newspaper of general circulation in the
county.
(2)
Written
notice of the public hearing shall be mailed to the owners (according
to the most recently approved ad valorem tax roll) of all lots that
are within the original subdivision and that are within 200 feet of
the lots to be replatted, together with a copy of Section 212.015(c)
in the Local Government Code for the State of Texas.
(3)
If the
proposed replat is protested in accordance with this subsection, the
proposed replat must receive, in order to be approved, the affirmative
vote of at least three-fourths of the members present of the planning
commission and/or city council, as applicable. For a legal protest,
written instruments signed by the owners of at least 20 percent of
the area of the lots or land immediately adjoining the area covered
by the proposed replat and extending 200 feet from that area, but
within the original subdivision, must be filed with the municipal
authority responsible for approving the replat, prior to the close
of the public hearing. In computing this percentage of land area,
the area of streets and alleys shall be included within the adjacent
lots.
(4)
Compliance with subsection (3) above is not required for approval of a replat of part of a preceding plat, if the area to be replatted was designated or reserved for other than single or two-family residential use, by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat.
(Ordinance 134 adopted 2/28/00; Ordinance adopting Code)
A.
SUBDIVIDER
TO RETAIN AN ENGINEER.
(1)
(2)
The engineer’s
utility plans shall meet the minimum requirements for submittal to
TNRCC and shall be on 24" by 36" paper. They are to be signed and
sealed by the engineer and to include all information for the construction
of the project. Specifications are to be in bound sets or on the face
of the plans to assure that all City requirements are followed.
(3)
The registered
engineer responsible for the project is to perform periodic inspections
to determine if the work is performed in substantial conformance with
the approved plans and specifications.
(4)
When the
project is complete, and tested, the engineer is to certify to the
City of New Deal that the work both on and off site, if any, has been
performed in substantial conformance with the approved plans, specifications,
and change orders. Engineer is to deliver to the City a reproducible
copy of as-built plans for the project and three sets of blue-lines.
The plans are to be clearly marked as “as-built” drawings
with all as-built changes signed by the responsible engineer,[.]
B.
WARRANTY
The subdivider shall provide a one-year warranty on all work
located in dedicated City right-of-ways or easements including all
utilities, streets, drainage, streetlights, or other improvements.
The warranty is to begin at final acceptance by the City.
C.
STREETS -
GENERAL
The subdivider shall be responsible for constructing paved streets
and curbs and gutters within the subdivision, subject to the conditions
contained herein.
(1)
Arrangement
Unless otherwise approved by the Planning and Zoning Commission,
provision shall be made for the extension of major streets through
any new subdivision. Collector streets shall be provided as required
by the Planning and Zoning Commission for the circulation of traffic
through the subdivision and the connection thereof to the major streets.
Adequate minor streets shall be provided to accommodate the subdivision.
Off-center street intersections with streets in adjacent subdivisions
should be avoided. All major and collector streets shall be continuous
or in alignment with existing streets unless variations are deemed
advisable by the Commission due to topography and requirements of
traffic circulation. A minimum of one future access, by street, to
all adjacent tracts is to be maintained through stub-out streets as
approved by the Planning and Zoning Commission.
Residential developments which introduce new street systems
shall be encouraged, within the framework of applicable ordinances,
to plan street systems that offer curvilinear design while facilitating
safe and adequate traffic circulation and drainage compatible with
existing patterns.
(2)
Street
Design Criteria
(a)
Soils
Investigation
The subdivider shall, at his own expense, cause to be made a
soils investigation by a qualified and independent geotechnical engineer
licensed to practice in the State of Texas. The field investigation
shall include test borings or profile holes within the rights-of-way
of all proposed streets. The number of locations of such borings or
holes shall be subject to the approval of the City Engineer. A minimum
depth of holes is to be eight (8) feet or until one (1) foot of solid,
continuous rock is encountered. Atterberg limits, Plasticity Index,
moisture contents, and other required data and information to quantify
the bearing capacity, shrink-swell potential, and other characteristics
necessary for a pavement design shall be determined for all significant
boring samples. The method used for these determinations shall be
the same as those used by the State Department of Highways and Public
Transportation using their latest Manual of Testing; Procedures, 100-E
Series test methods. The results of the soils investigation shall
be presented to the subdivider and to the City Engineer in written
report form. Minimum depth of soil profile boring holes shall be eight
feet (8) unless solid rock formations of 12" or more are encountered
sooner.
(b)
Pavement
Design
Pavement design shall be based on the State Department of Highways
and, Public Transportation triaxial design criteria as follows:
|
Type of Street
|
Total Equivalent 18 Kip Single Axle
|
Load Frequency Design Factor Load Applications
|
Wheel Design Load Kips ATDH
|
|---|---|---|---|
|
Residential
|
38,000
|
0.75
|
8
|
|
Collector
|
150,000
|
0.90
|
8
|
|
Major Thoroughfare
|
1,500,000
|
1.15
|
12
|
A written report containing pavement design data and
recommendations based on the soils investigation shall be prepared
at the subdivider’s expense by a qualified engineer licensed
to practice in the State of Texas and shall be presented to the subdivider
and to the City Engineer. The report shall state the load criteria
and the soil classifications used.
(c)
Curb
and Gutter
All streets shall have reinforced concrete curbs described as
follows:
|
Height above pavement
|
6"
|
|
Thickness
|
6"
|
|
Concrete Gutter width
|
18"
|
|
Overall width
|
24"
|
|
Overall height above subgrade
|
12"
|
|
Valley gutters
|
|
|
Thickness
|
6" min.
|
|
Width
|
6'-0" min.
|
|
Reinforcement
|
#4 rebar @ 8" on-center each way
|
|
Minimum Radii
|
|
|
Street intersections
|
20'
|
|
Alleys
|
10'
|
|
Commercial Driveways
|
20'
|
|
Residential Driveways
|
10'
|
(3)
Street
Widths
|
(a)
|
Major Streets
|
R.O.W. 80'
|
Pavement
|
50'
|
|
(b)
|
Collector streets
|
R.O.W. 60'
|
Pavement
|
38'
|
|
(c)
|
Minor or residential Streets
|
R.O.W. 50'
|
Pavement
|
30'
|
|
(d)
|
150' either side of major intersections
|
Widened Per Commission Approval
| ||
(4)
Curve
Centerline Radii
|
(a)
|
Major Streets
|
Radius 2,000' or less based on design speed and good engineering
practice as approved by the Commission
|
|
(b)
|
Collector Streets
|
Radius 400'
|
|
(c)
|
Minor Streets
|
Max. 150'
|
|
|
|
Min. 60'
|
|
(d)
|
Reverse Curves
|
Min. connecting tangent 100'
|
(5)
Intersection
Separation
|
Minimum
|
150' centerline to centerline
|
(6)
Intersections
|
(a)
|
Intersecting angle
|
80 degrees without variance
|
|
(b)
|
Acute angles
|
Curb radii min., 25'
|
(7)
Cul-De-Sacs
(a)
Maximum
length dead-end street 600'
(b)
Dead-end
streets at boundaries to adjacent tracts that are developable with
[will] be allowed with proper signage
(c)
Minimum
diameter 70' pavement
(d)
Minimum
diameter 90' R.O.W.
(e)
Temporary
turn-around required on stubbed-out future streets in excess of 400'
long
(8)
Street
Names
Similar street names are to be avoided - List to be submitted
to City and U.S. Post Office prior to putting on plat.
D.
Sidewalks
Sidewalks are to be included in deed restrictions for residential
subdivisions. All sidewalks are to be solely within the R.O.W., and
36" wide with minimum Building Code reinforcement. Sidewalks are required
in deed restrictions for commercial/retail subdivisions, unless concrete
paving is used in appropriate areas.
E.
Lots
|
(1)
|
Area
|
7,000 square feet minimum
|
|
(2)
|
Sizes
|
Further described in Zoning Ordinances
|
|
(3)
|
Width
|
60 feet minimum
|
|
(4)
|
Facing
|
Minimum frontage 50' unless in Cul-De-Sacs
|
F.
Blocks
|
(1)
|
Block length
|
|
|
|
Through Streets
|
Minimum 1,350 feet
|
|
|
Major Streets
|
Minimum 1,500 feet
|
G.
Building Lines
|
(1)
|
Residential
|
|
|
|
Front lot
|
Min. 25'
|
|
|
Side lot
|
Min. 10'
|
|
|
Rear lot
|
Min. 25'
|
|
(2)
|
Commercial
|
|
|
|
Front lot
|
Min. 25'
|
|
|
Side lot
|
Min. 10' off of commercial property
Min. 25' off of single-family residential property
|
|
|
Rear lot
|
Min. 25'
|
|
(3)
|
Other (Requires approval of planning and Zoning Commission)
| |
I.
Drainage and
Storm Sewers
(1)
Storm
sewers and drainageways are to contain 25-year storms.
(2)
Storm
flows into and out of a tract are to be controlled to prevent flooding
of existing structures and facilities, and increasing 100-year storm
elevations up or down grade of the tract resulting in damage.
(3)
100-year
floodplains are to be shown on all site plans and plats
J.
Existing or
Major Streams
Major streams shall not be modified without consent of applicable
state and federal agencies.
K.
Sedimentation
Controls
Brush berms, hay bales, sedimentation basins and similar recognized
techniques and materials shall be employed during construction to
prevent point source sedimentation loading of downstream facilities.
L.
Water System
The subdivider shall provide all water lines necessary to properly
serve each lot of the subdivision and insure that existing and/or
new water facilities can supply the required demand for domestic use
and for fire protection at the desired pressure. The subdivider shall
install all mains and shall extend the service to all lots terminating
thereon with a curb stop and meter box. The subdivider shall submit
a certificate to the City Council certifying that the system has been
designed in accordance with the requirements of the TNRCC, and rules
of the Texas Insurance Commission.
(3)
Intersection
Valves and line Valves
(a)
All
water system valves are to be AWWA gate valves with operator boxes
as designed for buried service. A list of approved manufacturers are
available at City Hall.
(b)
Three
valves are required at four-way intersections unless four-direction
feed is possible. A minimum of two valves are required at tees.
M.
SANITARY SEWER
SYSTEM
All subdivisions shall be provided with a sewage disposal system
approved by the Texas Natural Resources Conservation Commission.
(1)
Connection
With Sanitary Sewer System Required[;] Exception
Connection with the sanitary sewer system shall be required
except where the Planning and Zoning Commission determines that such
connection would require unreasonable expenditure of funds when compared
with other methods of sewage disposal. Where septic tanks are installed,
the subdivider shall conduct percolation tests on each lot under the
supervision of a registered engineer or sanitarian and determine the
adequacy of the lots sizes proposed in accordance with septic tank
regulations for Lubbock County and the TNRCC.
(2)
Materials
of Construction
(a)
Gravity
sewer, minimum 6" SDR 35 PVC, for buried service. For elevated crossing,
bores, road crossings, and conflicts with water lines, pipe may be
ductile iron or other type pipe as required by other agencies, such
as the Texas Department of Highways and Public Transportation, or
as approved in writing by the Building Official.
Sewers shall be constructed according to the TNRCC Regulation
and will be bedded in a 6" envelope of washed sand or free flowing;
pea gravel bedding, with compacted backfill.
(3)
Piping
Size
Six (6") inch diameter pipe shall be the minimum acceptable
for sewer mains and lines.
(4)
Manholes
Manholes shall be spaced not more than four hundred (400') feet
apart and shall be; constructed of precast concrete sections with
poured floors, or concrete precast complete manholes. Neoprene gaskets
are required in all penetrations.
(5)
Force
Mains
Force mains shall be ductile iron or pressure class 200 PVC
pipe and fittings, Pressure Class Pipe shall have either mechanical
joints or rubber gasket joints, approved by the Building Official.
N.
STREET LIGHTING
Street lighting shall be provided by the developer and shall
conform to the current Edition of the Illuminating Engineering Society
Handbook. Lighting levels shall be as recommended for very light traffic
lit [in] residential areas; medium traffic on feeder streets; and
heavy traffic on thoroughfares.
O.
TRAFFIC-CONTROL
SIGNS, STREET SIGNS AND WATER METER BOXES
[2] All traffic-control signs shall be provided and installed
by the developer and shall conform with the Texas Manual on Uniform
Traffic Control Devices for Streets and Highways, Vols. 1 and 2. All
street signs and water meter boxes shall be provided and installed
by the developer, and said street signs and water meter boxes must
meet the specifications set forth by the City of New Deal[.]
[2]
Original has this as Subsection M.
P.
FLOOD REGULATION
[3] All floodplain calculations, and the design of changes
to the floodplain shall be in accordance with the Emergency Phase
of the National Flood Insurance Program, Article 8280-13, V.A.C.S.
The City shall review each proposed subdivision to assure the following:
(1)
Proposals
to Minimize Flood Damage
All such proposals shall be consistent with the need to minimize
flood damage.
(2)
Public
Facilities to Minimize Flood Damage
All public utilities and facilities, such as sewage, gas, electrical,
and water systems shall be located, elevated, and constructed to minimize
or eliminate flood damage.
(3)
Adequate
Drainage to be Provided
Adequate drainage shall be provided so as to reduce exposure
to flood hazards[.]
[3]
Original has this as Subsection N
(Ordinance 134 adopted 2/28/00)
A.
VIOLATION
OF ANY PROVISION OF CHAPTER
Violation of any provision or provisions of this Chapter by
any subdivider shall constitute a misdemeanor and upon conviction
of such violation in Municipal Court of the City of New Deal shall
be punishable as per existing City of New Deal Code of Ordinances.
Furthermore each violation shall constitute a separate offense and
each day a violation continues shall constitute a separate offense.
The fine of any violation shall be up to $500.00 per offense per day.
B.
OTHER LEGAL
REMEDIES
No conviction or convictions under the penal provision of this
Ordinance, [or] under the Texas Penal Code, shall ever be considered
as any bar to any injunctive or other legal remedy, relief, right
or power existing in the City of New Deal, Texas, to enforce the application
and provisions of this Ordinance by virtue of the Constitution and
laws of the State of Texas.
C.
COMPLIANCE
WITH OTHER LAWS, RULES, REGULATIONS, OR ORDINANCES
Nothing in this ordinance shall be deemed to relieve the obligation
of the subdivider to comply with ordinances, rules and regulations,
and laws of any other jurisdiction including Lubbock County, the State
of Texas, or the Federal Government.
(Ordinance 134 adopted 2/28/00)
When a subdivider can show that a provision of these regulations
would cause unnecessary hardship if strictly adhered to and where,
because of some condition peculiar to the site, in the opinion of
the Planning and Zoning Commission, a departure may be made without
destroying the intent of such provisions and does not establish undesirable
precedences, the City Council may authorize a variance. Variances
shall not be detrimental to the public health, safety, or welfare,
and shall not be injurious to other property. All requested variances
must be fully described in writing along with the full justification
including citations from laws, policies, design manuals, regulations,
and other documentation, and submitted along with the plat submittals.
Exhibits of data and documentation may be required. The Planning and
Zoning Commission shall have the authority to hold a public hearing
if deemed necessary and formally notify adjacent or otherwise directly
affected property owners and take the resulting testimony, and any
other data into consideration in their recommendation to the City
Council. A variance may be granted conditionally based on agreed-to
conditions that may be affected by future actions. Conditional variances
granted during or before the Preliminary Plat may be denied during
the Final Plat approval, if the conditions or future actions do not
occur.
(Ordinance 134 adopted 2/28/00)
The engineer representing the subdivider shall present to the
Planning and Zoning Commission, reproducible complete “as-built
plans” for all paving, drainage structures, water lines, and
sewer lines within thirty (30) days after completion of each contract.
All drawings shall to be obviously marked as-built or record drawings,
and signed and dated by the engineer.
(Ordinance 134 adopted 2/28/00)
A.
The following
schedule of fees and charges shall be paid into the general fund of
the City of New Deal when any map or plat is tendered to the planning
department, and each of the fees and charges provided herein shall
be paid in advance, and no action of the city planning and zoning
commission or any other board or any other agency shall be valid until
the fee shall have been paid.
|
Concept Plan
|
Twenty-five ($25.00) each for two per year
|
|
|
Thereafter fifty dollars ($50.00) each.
|
|
Preliminary Plat
|
First Submittal Fifty dollars ($50.00) plus three Dollars ($3.00)
per acre
|
|
Final Plat
|
First Submittal Fifty dollars ($50.00), plus three Dollars ($3.00)
per acre,
|
|
All resubmittals
|
No charge for the first resubmittal
Second resubmittal one-half the cost of the Original submittal.
Third and each resubmittal thereafter shall cost One-half the
cost of the second or the Subsequent resubmittal.
|
(Ordinance 134 adopted 2/28/00)
The Planning and Zoning Commission may at any time recommend
amendments to any section of this ordinance. The City Council shall
approve or disapprove any amendment at a public meeting. If an ordinance
is disapproved, tie City Council shall advise the Planning and Zoning
Commission the reasons for the disapproval. The City Council and the
Planning and Zoning [Commission] may hold one or more public hearings
to consider testimony regarding any amendments to this ordinance,[.]
(Ordinance 134 adopted 2/28/00)
Any person, firm or individual who shall violate any of the
provisions of this Ordinance or who shall fail to comply therewith
or with any of the requirements thereof shall be guilty of a misdemeanor,
and upon conviction shall be fined in a sum not exceeding Five hundred
dollars ($500.00). Each and every day the violation continues shall
constitute a separate and distinct offense.
(Ordinance 134 adopted 2/28/00)
All prior ordinances of the City Council of the City of New
Deal in conflict with this Ordinance are hereby repealed.
(Ordinance 134 adopted 2/28/00)
This ordinance shall take effect upon completion of publication
as provided by law.
(Ordinance 134 adopted 2/28/00)
