A. In the interpretation
and application of the provisions of this Chapter, it is the intention
of the City Council that the principles, standards, and requirements
provided for herein shall be minimum requirements for the platting
and developing of subdivisions in the City and in its extraterritorial
jurisdiction; and, where other provisions of this Code of [or] other
Ordinances of the City are more restrictive in their requirements,
such other provisions or Ordinances shall control.
B. The procedure
and standards for the development, layout, and design of subdivisions
of land within the corporate limits and within the extraterritorial
jurisdiction of the City are authorized by Article 970a and 974a of
REVISED CIVIL STATUTES OF TEXAS. The extraterritorial jurisdiction
of the City is now one-half (1/2) mile from the corporate limits.
The requirements of this Chapter [Ordinance] shall be extended into
any and all areas of extraterritorial jurisdiction.
C. The term, “subdivision,”
shall be interpreted to mean the division of a parcel of land into
three (3) or more lots or tracts for the purpose of transfer of ownership;
the dedication of streets, alleys, or easements; or for use for building
development–provided that a division of land for agricultural
purposes into lots or tracts of five (5) acres or more, and not involving
a new street or alley, shall not be deemed to be a subdivision. The
term includes resubdivision and, when appropriate to the context,
shall relate either to the process of subdividing or to the land subdivided.
The terms, “subdivider” and “developer,” are
synonymous and are used interchangeably and shall include any person,
partnership, firm, association, corporation, and/or any officer, agent,
employee, servant, and trustee thereof who does, or participates in
the doing of, any act towards the subdivision of land within the intent,
scope, and purview, of this chapter [ordinance].
D. All property
not subdivided into lots, blocks, and streets within the City shall
hereafter be laid out under the direction of the City Council, and
no other subdivision will be recognized by the City. Prior to the
consideration of the plat by the City Council, the City Secretary
will check the plat for compliance with these regulations and in consultation
with the City Engineer, make recommendations to the City Council.
E. It shall be
unlawful for any owner, or agent of any owner, to lay out, subdivide,
or plat any land into lots, blocks, and streets within the City which
has not been laid off, subdivided, and platted according to these
regulations.
F. No officer
or employee of the City shall perform or cause to perform, any work
upon any street or in any addition or subdivision of the City, unless
all requirements of these regulations have been complied with by the
owner of said addition or subdivision.
G. The City hereby
defines its policy to be that the City will withhold improvements
of any nature whatsoever including the maintenance of streets until
the final subdivision plat has been approved by the City Council.
No improvements shall be begun within the subdivision nor any contracts
made until this approval has been given.
H. No building,
plumbing, mechanical, gas or electrical permit shall be issued by
the City for any structure on a lot in a subdivision for which a final
plat has not been approved and filed for record, nor for any structure
on a lot within a subdivision in which the standards contained herein
have not been complied with in full.
I. The provisions
of this Chapter [Ordinance] shall not be construed to prohibit the
issuance of permits for any lots upon which a residence building exists
and was in existence prior to adoption of these regulations, nor to
prohibit the repair, maintenance, or installation of any street or
public utility services for, to, or abutting, any lot, the last recorded
conveyance of which prior to adoption of these regulations was by
metes and bounds, and/or any subdivision, or lot therein, recorded
or unrecorded, which subdivision was in existence prior to the adoption
of these regulations.
J. Plats or subdivisions
which have received preliminary approval by the City Council within
one year prior to the effective date of these regulations shall be
excepted from the requirements of this Chapter [Ordinance]; provided
that the final plat of such subdivision is approved and filed for
record within one hundred eighty (180) days after the effective date
of these regulations, or within one year after the approval date of
the preliminary plat, whichever is greater.
(1980 Code, ch. 8, sec. 1)
The City Council may authorize a variance from these regulations
when, in its opinion, undue hardship will result from requiring strict
compliance. In granting a variance, the Council shall prescribe only
conditions that it deems necessary to or desirable in the public interest.
In making the findings hereinbelow required, the Council shall take
into account the nature of the proposed use of the land involved,
existing uses of land in the vicinity, the number of persons who will
reside or work in the proposed subdivisions, and the probable effect
of such variance upon traffic conditions and upon the public health,
safety, convenience and welfare in the vicinity. No variance shall
be granted unless Council finds:
A. That there
are special circumstances or conditions affecting the land involved
such that the strict application of the provisions of this Chapter
[Ordinance] would deprive the applicant of the reasonable use of his
land; and
B. That the variance
is necessary for the preservation and enjoyment of a substantial property
right of the applicant; and
C. That the granting
of the variance will not be detrimental to the public health, safety
or welfare, or injurious to other property in the area; and
D. That the granting
of the variance will not have the effect of preventing the orderly
subdivision of other land in the area in accordance with the provisions
of this Chapter [Ordinance].
Such finding of the City Council, together with the specific
facts upon which such findings are based, shall be incorporated into
the official minutes of the City Council meeting at which such variance
is granted. Variances may be granted only when in harmony with the
general purpose and intent of this Chapter [Ordinance] so that the
public health, safety and welfare may be secured and substantial justice
done. Pecuniary hardship to the subdivider, standing alone, shall
not be deemed to constitute undue hardship.
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(1980 Code, ch. 8, sec. 2)
Prior to the filing of a preliminary plat, the subdivider shall
meet with the City Secretary or other official designated by the City
Council to familiarize himself with the City’s development regulations
and the relationship of the proposed subdivision to the City Comprehensive
Plan. At the preliminary conference the subdivider may be represented
by his land planner, engineer, or surveyor. Representatives of the
Ralls Water and Sewer Department and the Ralls Planning and Zoning
Commission shall attend the Preliminary conference.
(Ordinance 1906, ex. A, adopted 6/18/19)
A. The subdivider
shall cause to be prepared a preliminary plat by a surveyor or engineer
in accordance with this Section.
B. The subdivider
shall file 4 copies of the plat with the City Secretary at least 14
days prior to the date at which formal application for the preliminary
plat approval is made to the City Council.
C. Such plat shall
be accompanied by a filing fee of $25.00 per plat, plus $1.00 per
lot, or $2.00 per acre for commercial or industrial areas not subdivided
into lots. No action by the City Council shall be valid until the
filing fee has been paid. This fee shall not be refunded should the
subdivider fail to make formal application for preliminary plat approval
or should the plat be disapproved.
D. Formal application
for preliminary plat approval shall be made by the subdivider in writing
to the City Council at an official meeting, not less than 14 days
after filing the preliminary plat with the City Secretary.
E. Approval of
the preliminary plat, if granted, shall be binding for not longer
that [than] 6 months after the date of approval of the preliminary
plat unless the final plat has been approved and recorded within the
6 month period.
F. The plat shall
be drawn to a scale of 100 feet to 1 inch, and shall show on it or
on accompanying document the following:
(1) The proposed
name of the subdivision.
(2) North
point, scale and date.
(3) The names
and addresses of the subdivider and of the engineer or surveyor.
(4) The tract
designation, approximate acreage, and other description according
to the real estate records of Crosby County and designation of the
proposed uses of land within the subdivision.
(5) The boundary
line (accurate in scale) of the tract to be subdivided.
(6) Contours
with intervals of five (5) feet or less, referred to sea-level datum.
(7) The names
of adjacent subdivisions or the names of record owners of the adjoining
parcels of unsubdivided land.
(8) The location,
widths, and names of all existing or platted streets or other public
ways within or adjacent to the tract, existing permanent buildings,
and other important features, such as section lines, political subdivisions
or corporate lines.
(9) All parcels
of land intended to be dedicated for public use or reserved in the
deeds for the use of all property owners in the proposed subdivision.
Building setback lines shall also be shown.
(10) A topography
and drainage map of plat. Also incoming drainage rational formula
showing frequency concentration time and runoff factor and quantity.
(11) The
layout and widths of proposed streets, alleys, and easements, including
lot and block identification and street names.
(12) The
location, size, and approximate depth of all existing utilities shall
be shown.
(13) The
proposed plan for location and size of utility lines to be constructed
in the subdivision.
(14) The
following certificate should be placed on the Preliminary Plat:
APPROVED FOR PREPARATION OF FINAL PLAT
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_______________________
Mayor
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Date
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G. The conditional
approval of the Preliminary Plat by the City Council does not constitute
in any manner the acceptance of the subdivision nor the improvements
placed therein, but is merely an authorization to proceed with the
preparation of the Final Plat. The action of the City Council shall
be noted on two (2) copies of the Preliminary Plat, referenced and
attached to any conditions determined. One (1) copy shall be returned
to the developer and the other copy retained as a permanent record
of the City.
H. No construction
work shall begin on the proposed improvements in the proposed subdivision
prior to approval of the Final Plat by the City Council.
I. Within thirty
(30) days after the preliminary plat is formally filed, the Council
shall conditionally approve or disapprove such plat or conditionally
approve it with modifications.
J. A copy of the
preliminary plat shall be submitted to the Ralls Water and Sewer Department
and an additional copy shall be submitted to the Ralls Planning and
Zoning Commission for review and comment by both prior to approval
by the City Council.
(1980 Code, ch. 8, sec. 4; Ordinance 1906, ex. A, adopted 6/18/19)
A. Four (4) copies,
and one (1) reproducible copy of the final plat shall be submitted
by the subdivider only after all changes and alterations shown on
the preliminary plat have been made. Final plats shall be filed with
the City Secretary at least 14 days prior to the City Council meeting
at which approval is requested.
B. Such plat shall
be accompanied by a filing fee of $25.00 per plat, plus $1.00 per
lot, or $2.00 per acre for commercial or industrial areas not subdivided
into lots. No action by the City Council shall be valid until the
filing fee has been. paid. This fee shall not be refunded should the
subdivider fail to make formal application for final plat approval
or should the plat be disapproved.
C. Formal application
for final plat approval shall be made by the subdivider in writing
to the City Council at an official meeting, not less that [than] 14
days after filing the final plat with the City Secretary.
D. The final plat
shall be drawn to a scale of 100 feet to the inch, and shall, in addition
to all requirements for the preliminary plat, show on it, or be accompanied
by, the following:
(1) The exact
location, dimensions, name and description of all existing or recorded
streets, alleys, reservations, easements, or other public rights-of-way
within the subdivision, intersecting or contiguous with its boundary
or forming such boundary, with accurate dimensions, bearing or deflecting
angles and radii, area, and central angle, degree of curvature, tangent
distance and length of all curves where appropriate.
(2) The exact
location, dimensions, description and name of all proposed streets,
alleys, drainage structures, parks, other public areas, reservations,
easements or other rights-of-way, blocks, lots, and other sites within
the subdivision with accurate dimensions, bearing or deflecting angles
with radii, area, and central angles, degree of curvature, tangent
distance and length of all curves where appropriate.
(3) The accurate
location, material, and approximate size of all monuments.
(4) Written
approval from the City on plans and specifications for water, sewer,
paving and drainage.
(5) All deed
restrictions that are to be filed with the plat shall be shown on
or filed separately with the plat.
(6) Statement
that all taxes have been paid up to current date and for all previous
years.
(7) Two copies
of final plat showing a plan and profile of proposed sanitary and
storm sewers, with grades and pipe sizes indicated. Plan shall bear
the seal and signature of an engineer.
(8) Two copies
of final plat showing a plan of the proposed water-distribution system
showing pipe sizes and the location of valves and fire hydrants. Plan
shall bear the seal and signature of an engineer.
(9) Two (2)
sets of plans and specifications for paving and drainage, which have
been prepared by an engineer.
(10) Owner’s
acknowledgement of the dedication to public use of all streets, alleys,
and other public places shown on such final plat.
(11) A statement
from the City Council that the preliminary plat has been approved
by such Council.
(12) A certification
by the surveyor or engineer, responsible for the preparation of the
final plat and supporting data, attesting to its accuracy.
(13) A waiver
of claim for damages against the City occasioned by the establishment
of grades or the alteration of the surface of any portion of existing
streets and alleys to conform to the grades established in the subdivision.
E. If desired
by the subdivider and approved by the Council, the final plat may
constitute only that portion of the approved preliminary plat which
he proposes to record and develop. However, such portion shall conform
to all the requirements of this Chapter [Ordinance].
F. Within thirty
(30) days after the final plat is formally filed, the Council shall
approve or disapprove such plat. If the final plat is disapproved,
the Council shall inform the subdivider in writing of the reasons
at the time such action is taken.
G. After the final
plat has been finally approved and the subdivider has constructed
all the required improvements and such improvements have been approved,
and a maintenance bond filed as hereinafter provided; or after the
plat has been finally approved and the subdivider has filed an escrow
deposit sufficient to pay for the costs of all improvements as determined
by the City in lieu of completing construction, the Council shall
upon written consent of the subdivider cause the final plat to be
recorded with the County Clerk of Crosby County.
(1980 Code, ch. 8, sec. 5)
A. Property shall
not be resubdivided which has been previously platted by a common
dedication except with the consent of all directly affected property
owners.
B. The replat
of the subdivision shall meet all the requirements for a new subdivision
that may be pertinent, as provided herein. It shall show the existing
property being resubdivided. No preliminary plat will be required
on replats.
C. The consent
of all utility companies that provide service to the area being resubdivided
must be obtained.
(1980 Code, ch. 8, sec. 6)
Upon completion of all improvements in accordance with City
specifications and standards, and their acceptance by the City, the
developer or his contractor shall furnish the City with a maintenance
bond executed by a corporate surety holding a permit from the State
of Texas to act as surety or other surety acceptable to the City.
The amount shall equal ten (10) percent of the contract cost of all
improvements and shall be in effect one (1) year from date of completion
and acceptance by the City.
(1980 Code, ch. 8, sec. 7)
If a proposed subdivision is located beyond the drainage area
of the sewage collection system or beyond the area of the water distribution
system the subdivider shall be required to furnish, with his final
plat, satisfactory evidence, including (but without limitation) the
results of soil tests and borings, and statements from local state
health authorities, water engineers and other proper officials, that
water satisfactory for human consumption may be obtained from surface
or subsurface water sources on the land and that soil conditions are
such that satisfactory sewage disposal can be provided by the use
of approved septic tanks or similar devices.
(1980 Code, ch. 8, sec. 8)
A. General
(1) The subdivision
shall conform to the Comprehensive Plan of the City.
(2) Each lot
shall front upon a public street.
(3) Survey
monuments shall be placed at all corners of boundary lines of a subdivision.
(4) The City
shall specify any areas required for the allocation of parks and other
public spaces that are essential to the proper development of the
area.
(5) All services
for utilities shall be made available for each lot in such a manner
that it will not be necessary to disturb the curb, gutter, street
pavement, or drainage structures when connections are made.
(6) The developer
shall furnish the City with one set of “as-built” plans
for all paving, drainage structures, water mains, and sewer mains
within sixty days after completion of construction.
(7) Block
lengths and widths shall be provided at such intervals as to best
serve traffic adequately and to meet existing streets, or to comply
with customary subdivision practices.
(8) Lots shall
be at least 140 feet deep and shall be at least 75 feet wide. In case
of irregularly shaped lots, the minimum width shall be measured at
the front building line.
(9) All utility
lines that pass under a street or alley shall be installed before
the street or alley is paved.
B. STREETS
(1) Collector
streets shall have a right-of-way width of sixty (60) feet and a paving
width of thirty-seven (37) feet. Minor streets shall have a right-of-way
width of fifty (50) feet and a paving width of twenty-seven (27) feet.
Paving width is determined from back of curb to back of curb.
(2) Existing
streets in adjoining areas shall be continued, and shall be at least
as wide as such existing streets and in alignment therewith.
(3) Where
adjoining areas are not subdivided, the arrangement of streets in
the subdivision shall make provision for the proper projection of
streets into such unsubdivided areas.
(4) Street
jogs with centerline offsets of less than one hundred twenty-five
(125) feet shall be avoided.
(5) Half streets
shall be prohibited.
(6) Street
intersections shall be as nearly at right angles as practicable.
(7) Dead-end
streets shall be prohibited except as short stubs to permit future
expansion.
(8) Cul-de-sacs
shall not exceed four hundred (400) feet in length, and shall have
a minimum right-of-way radius of fifty (50) feet.
(9) Curbs
shall be installed by the subdivider on both sides of all interior
streets, and on the subdivision side of all streets forming part of
the boundary of the subdivision.
(10) Names
of new streets shall not duplicate or cause confusion with the names
of existing streets, unless the new streets are a continuation of
or in alignment with existing streets, in which case names of existing
streets shall be used.
(11) Street
lights shall be installed by the subdivider at all street intersections
and at all adjacent intersections.
(12) Street
name signs shall be installed by the City at the developer’s
expense at all intersections within or abutting the subdivision.
(13) All
street improvements shall be in accordance with the standard specifications
and construction details of the City.
(14) All
street improvements will be accomplished at the expense of and by
the developer.
C. ALLEYS
Alleys shall have a minimum width of fifteen (15) feet. The
whole alley shall be paved. Alleys shall be constructed in accordance
with standard street specifications and construction details of the
City.
D. UTILITY EASEMENTS
Easements at least ten (10) feet wide, five (5) feet on each
side of the rear lot lines or side lines, shall be provided wherever
necessary for utilities.
E. SIDEWALKS
Sidewalks when required shall be concrete and have a width of
not less than four (4) feet and thickness of not less that four (4)
inches. Sidewalks shall be constructed one (1) foot from the property
line within the street right-of-way.
F. PARKING AREA
Adequate off-street paved parking areas shall be provided for
lots set aside or planned for business uses.
G. LOT MARKERS
Lot markers shall be one-half (1/2) inch reinforcing bar, eighteen
(18) inches long, or approved equal, and shall be placed at all corners
flush with the ground, or countersunk if necessary, in order to avoid
being disturbed.
H. DRAINAGE INSTALLATIONS
(1) An adequate
storm sewer system consisting of inlets, pipes and other underground
and aboveground drainage structures with approved outlets shall be
constructed where the runoff of stormwater and the prevention of erosion
cannot be accomplished satisfactorily by surface drainage facilities.
The subdivider shall submit data and plans for drainage facilities
as directed by the City and under policies for storm drainage installation
for the City.
(2) Underground
storm drains shall be designed to accommodate a five-year frequency
storm with adequate overload relief for a 25-year storm. Design of
all bridges, culverts, and open channels are to be based on a 25-year
frequency.
I. WATER SYSTEM
(1) Water
system extensions shall be designed to provide for a domestic supply
of at least 250 gallons per capita per day, delivered at a minimum
pressure of 42 pounds per square inch.
(2) All mains
installed within a subdivision must extend to the borders of the subdivision,
as required for future extensions of the system, regardless of whether
or not such extensions are required for service within the subdivisions.
(3) Fire hydrants
shall be provided at locations such that all areas of development
are located within a 500-foot radius from a fire hydrant and served
by a six-inch or larger main.
(4) No more
than 30 3/4" service connections shall be served from any 4-inch main.
(5) Two (2)
inch mains shall only be permitted in dead-end locations not subject
to future extensions and shall serve no more that six (6) 3/4" service
connections.
(6) All water
system extensions shall be financed in accordance with the policies
of the Rails Water and Sewer Department, but shall be constructed
in accordance with the regulations and standards contained in this
Chapter [Ordinance].
(7) All water
system installations shall be constructed to city design standards.
J. SEWER SYSTEM
(1) No sewer
lateral shall be smaller than six (6) inches in diameter. All sewers
shall be designed with hydraulic slopes sufficient to give mean velocities
when flowing full or half full of not less than two (2) feet per second,
nor more than five (5) feet per second. Manholes shall be constructed
at all changes in grade, alignment or size of sewer and at all intersections
of other sewers, except service sewers.
(2) All sewer
mains installed within a subdivision must extend to the borders of
the subdivision, as required for future extensions of the collection
system, regardless of whether or not such extensions are required
for service within the subdivision.
(3) All sewer
system extensions shall be financed in accordance with the policies
of the Ralls Water and Sewer Department, but shall be constructed
in accordance with the regulations and standards contained in this
Chapter [Ordinance].
(4) All sewer
system installations shall be constructed to city design standards.
(1980 Code, ch. 8, sec. 9)