[1]
Editor’s note–This article consists of the subdivision
ordinance, Ordinance 376, adopted July 18, 1996, as amended, previously
published as chapter 21 in the 1990 Code of Ordinances, and as subsequently
amended. Section numbers, style, capitalization and formatting have
been changed to be consistent with the remainder of the Code of Ordinances,
and this will be maintained in future amendments to this article.
Changes in the names of state agencies have been incorporated without
notation. Obviously misspelled words have been corrected without notation.
Except for these changes, such ordinance is printed herein as published
in the 1990 Code. Any other material added for purposes of clarification
is enclosed in brackets.
(a)
The subdivision of land is a major factor in the process of sound
community growth and ultimately becomes a public responsibility in
that roads and streets must be maintained and various public services
customary to urban areas must be provided. The welfare of the entire
community is thereby affected in many important respects. It is, therefore,
to the interest of the public, the developer, and the future owners
that subdivisions be conceived, designed, and developed in accordance
with sound rules and proper minimum standards.
(b)
The purpose of this article is to establish procedures and standards
for the development, layout and design of subdivisions within the
corporate limits of the city and within the extraterritorial jurisdiction
of the city as prescribed by state law. This article is intended to:
(1)
Guide, assist, and expedite developers in correct procedures to be
followed, and to inform them of the general standards which shall
be required.
(2)
Protect the public interests by controlling the location, design,
class, and type of streets, sidewalks, utilities, and general services
required.
(3)
Provide for public welfare and the essential areas required for educational,
recreational, industrial, and commercial purposes.
(c)
The city council, before approving any plats submitted to it, may
refer such plats to the agencies, utilities and/or city’s contract
engineer for their suggestions and comments by written report.
(1990 Code, sec. 21-1)
From and after July 18, 1996, this article shall govern all
subdivisions of land within the corporate limits of the city and within
the extraterritorial jurisdiction of the city as prescribed by state
statute.
(1990 Code, sec. 21-2)
For the purpose of interpreting this article, certain terms,
phrases and words used herein shall have the meaning hereinafter ascribed
to them as follows:
A permanent public service way, dedicated for or in public
use, other than a street, place, road, crosswalk, or easement, designed
to provide a secondary means of access for special accommodation to
the back [or] side of abutting properties and not intended for general
traffic circulation.
Any street, highway, river, pond, canal, railroad, levee,
embankment, berm, stream, drainage ditch, or screening by fence or
hedge.
A definite point of known elevation and location and of more
or less permanent character.
A unit of property entirely surrounded by public highways,
streets, railroad rights-of-way, waterways, public parks, cemeteries,
corporate boundary lines, or other barriers (except alleys, crosswalks,
or exterior boundaries of a subdivision, unless such boundary is a
street or highway), or any combination thereof.
The line on a plat delineating the nearest point to which
buildings may be located to the property line.
Development of property by construction of a building in
one (1) of the following occupancy classifications:
That land set aside for open space or recreational use for
the owners of the residential lots in a subdivision, which land is
conveyed by the developer in fee simple absolute title by warranty
deed to trustees whose trust indenture will provide that such common
land be used for the sole benefit, use and enjoyment of the lot owners
present and future. No lot owner shall have the right to convey his
interest in the common land, except as incident to the ownership of
a regularly platted lot.
A short, local street having one end open to traffic and
the other end permanently terminated by a vehicular turnaround.
A street having one end open to traffic and the other end
closed.
The arrangement of land for easements, lots and rights-of-way,
including materials, improvements, alignment, grade and width of these
elements.
A natural watercourse or man-made indenture for the drainage
of surface water.
The land required for the installation and maintenance of
storm sewers or drainage ditches, or required areas along the natural
stream or watercourse for preserving the channel and providing for
the flow of water therein to safeguard the public against flood damage.
A grant by the property owner for the use (for specific purposes)
of a strip of land, over or under ground, by the general public, utility
companies, or private individuals.
A person who is duly licensed and registered by the Texas
state board of registration for professional engineers to engage in
the practice of engineering in the State of Texas.
Any land area susceptible to being inundated by water from
any source.
The slope of a road, street, or sewer specified in percent
and shown on road, street, or sewer profiles as required herein.
Multifamily dwellings, apartment complexes, cluster and patio
developments, hotels, motels, townhouses, townhouse groups, and condominium
types which allow variations from these regulations.
A building containing two (2) or more lodging units occupied
on a rental or lease basis for sleeping purposes by guests. The term “hotel”
shall be used interchangeably with the term “motel.”
The engineering plans, prepared by a registered professional
engineer, containing all profiles, specifications, construction details,
and types of materials for all improvements, excluding dwelling units,
to be installed for the development of a subdivision.
The totality of grading, crosswalks, culverts, bridges, sanitary
and storm sewers, drainage structures, water mains, street surfaces,
and/or pavements, streets and road signs, streetlights, curbs and
gutters, sewage treatment facilities, pedestrian ways, gas mains,
monuments, electric utilities, and all other improvements required
to render land suitable for the proposed use.
An undivided tract or parcel of land having frontage on a
public street and which is, or in the future may be, offered for sale,
conveyance, transfer or improvement as a building site; which is designated
as a distinct and separate tract.
The total horizontal area within the boundaries of a lot
exclusive of any land designated for right-of-way for street or roadway
purposes.
A lot abutting upon two (2) or more streets or road rights-of-way
at their intersection.
The horizontal distance between the front and rear lot lines,
measured along the median between the two (2) side lot lines.
A lot which runs through a block from street to street and
which has two (2) nonintersecting sides abutting on two (2) or more
streets.
The boundaries of a lot.
The horizontal distance between the side lot lines measured
at right angles to the lot depth at a point midway between the front
and rear lot lines.
Allowable.
An object set in the ground to mark the boundaries of real
estate or to mark a survey station.
Any dwelling on a single parcel of property that serves as
the residence for two (2) or more families. This shall include duplexes,
triplexes, fourplexes, apartment buildings, condominiums, hotels and
motels.
Either or both of a division or redivision of a tract into
more than one (1) lot, plat, or site for commercial or industrial
purposes, and the dedication or establishment of a street or improvement
in conjunction with or for use in a tract for commercial or industrial
purposes.
The date when a subdivision plan shall be considered submitted
to the city council, and is hereby defined to be the date of the meeting
of the city council at which all required surveys, plans, plats, and
data are submitted.
A parking area, situated entirely within the boundary lines
of a lot, which is accessible only by use of entrance/exit driveways.
Land which may be dedicated or reserved for acquisition for
general use by the public, including parks, recreational area, school
sites, community or public building sites, open or “green space”
areas, and other such areas that shall be deemed necessary by the
city council.
The plat laying out the streets, alleys, and lots for the
City of Goliad recorded in Vol. 65, Page 519 in the Deed Records for
Goliad County, Texas.
A dwelling unit that does not have party walls, but has one
(1) or more walls built on the side property line and does not have
windows, doors, or other openings in these walls.
An all-weather, dust-free asphaltic seal on appropriate base,
asphaltic concrete, or concrete surface.
An easement or right-of-way dedicated to public use to facilitate
pedestrian access to adjacent streets, roadways, and properties.
Any individual, corporation, firm, partnership, association,
estate, organization, or any group acting as a unit.
A plat of a subdivision which has been approved in accordance
with requirements of these regulations and which has been filed for
record with the county clerk.
The final plat, prepared by a registered professional land
surveyor, showing complete bearings and dimensions of all lines defining
lots and blocks, rights-of-way for all streets, alleys, roadways,
and easements, public areas, and other segments of land as may be
required for the development of a subdivision.
A map or plan, prepared by a registered professional land
surveyor, of a proposed land subdivision showing the character and
layout of the tract in sufficient detail to indicate clearly the proposed
use and suitability of the tract in accordance with the requirements
stated herein.
The subdivision of an existing six (6) or less adjacent lots
in a subdivision which has been duly approved and recorded in accordance
with this article into a new lot or lots.
The land opened, reserved, or dedicated for a street or roadway,
sidewalk, drainage area, railroad, or other public purpose.
Any proposed subdivision outside of the city limits, but
within the extraterritorial jurisdiction of the city as prescribed
by state law, but more than one-fourth (1/4) mile (one thousand three
hundred twenty (1,320) feet), as measured along existing rights-of-way,
from available and adequate city water and wastewater facilities,
as determined by the city’s contracted engineer.
Mandatory.
A right-of-way, other than an alley, dedicated or otherwise
legally established for public or private use, with a surface, usually
affording the principal means of access to abutting property. A street
is intended primarily as a means of vehicular travel. The street right-of-way
may provide space for public facilities, such as sanitary and storm
sewers, water, gas, and electric lines, sidewalks, and drainageways.
A street may be designated as a highway, thoroughfare, road, thruway,
pike, avenue, boulevard, place, lane, drive, court, or circle. For
the purposes of this article, streets shall be classified as follows:
Arterial.
This type of street serves the major traffic movement entering
or leaving an area. Its principal function is to move traffic and,
in cases of high traffic volumes, may require limited access or controlled
points of access. These streets are normally characterized by traffic
controls and parking restrictions.
Collector.
Streets which provide for the traffic movements between arterial
and local streets, and provide direct access to abutting property.
Local.
The sole function of a local street is to provide access
to immediately adjacent property. A cul-de-sac is classified as a
local street.
Marginal access street/service road.
A local street parallel and adjacent to arterial [streets],
railroad rights-of-way, and barriers, and which provides access to
abutting properties.
Any person, or agent thereof, dividing or proposing to divide
land so as to constitute a subdivision, as that term is defined herein.
The meaning shall be restricted to include only the owner, equitable
owner, or authorized agent of such owner or equitable owner, of the
land sought to be subdivided. “Subdivider” and/or “developer”
are synonymous and are used interchangeably.
The division of a tract of land, which cannot be defined
as a minor subdivision, into any number of lots, tracts, sites, parcels,
or areas of any size which includes any improvements as defined herein.
The term “subdivision” shall also include all re-divisions
of land or lots. A subdivision does not include a division of land
into parts greater than five (5) acres, where each part has access
and no public improvement is being dedicated.
The division of land into not more than four (4) lots, tracts,
sites, parcels, or areas on an existing city, state, or federal highway
or road dedicated or deeded to the public prior to the adoption of
this article, provided that the proposed subdivision of land:
A person who is duly licensed and registered by the State
of Texas as a state land surveyor or a registered professional land
surveyor to engage in the practice of surveying in the State of Texas.
A dwelling unit structure having a party wall with one (1)
or more adjoining dwelling unit structures, with each dwelling unit
structure being constructed on a separate lot and suitable for individual
ownership.
Two (2) or more contiguous townhouses connected by party
walls.
An area or parcel of land which the developer intends to
subdivide and improve, or to cause to be subdivided and improved,
pursuant to the requirements of this article.
(1990 Code, sec. 21-3)
This article shall not apply to any lot forming a part of a
subdivision created and recorded prior to July 18, 1996; however,
this article shall apply to any resubdivision of an existing subdivision
or lot, including thereunder all land within the corporate limits
of the city or within the extraterritorial jurisdiction of the city
as is prescribed by state statute. It is not intended by this article
in any way to impair or interfere with private restrictions placed
upon property by deeds, covenants or other private agreements, or
with restrictive covenants running with the land to which the city
is a party. Where this article imposes a greater restriction upon
land than is imposed or is required by such existing provision of
law, contract, or deed, the provisions of this article shall control.
(1990 Code, sec. 21-4)
(a)
It shall be unlawful for any owner or agent of any owner of land
to lay out, subdivide, plat or replat any land into lots, blocks,
and streets within the jurisdictional area of this article without
the proper approval of the city council. It shall be unlawful for
any such owner or agent to offer for sale or sell property for building
lots, building tracts, or urban use therein, which has not been laid
out, subdivided, platted, or replatted with the approval of the city
council in accordance with this article.
(b)
A street number shall not be issued for the erection of any new building
on any piece of property, within the jurisdictional area of this article,
that has not been established in a duly approved and recorded subdivision,
in accordance with this article, without the written approval of the
city council. Such city council approval may be given to a developer/builder
who wishes to start construction on the lots while construction of
the subdivision improvements is taking place.
(c)
The attention of each subdivider is directed to V.T.C.A., Local Government
Code chapters 232 and 242, as amended, which state in part: “That
in cases of a subdivision or resubdivision of real property, no map,
plat of any such subdivision or resubdivision shall be filed or recorded
unless and until the same has been authorized by the Commissioners
Court of the County in which the real estate is situated, except in
cases of the partition or other subdivision through a Court of Record;
provided that where the real estate is situated within the corporate
limits or within the specified extraterritorial jurisdiction of the
corporate limits of any incorporated city or town, the governing body
thereof, as the case may be, as provided in chapter 212 of the Texas
Local Government Code, as amended, shall perform the duties hereinabove
imposed upon the Commissioners Court.”
(d)
No building or repair of any structure shall take place on any lot
in a subdivision unless the plat or plan of such subdivision shall
have been finally approved as herein provided.
(e)
The city shall withhold all public improvements of every character,
including the maintenance of streets, the furnishing of water and
sewer service, and of electric service, from all subdivisions which
have not been finally approved as herein provided.
(f)
It is the desire of the city to keep the original town tract in its original layout, therefore any subdivision within the original town tract will not be named as required under section 10.02.007(g)(6)(B), but will retain its original legal description followed by “Revised.”
(1990 Code, sec. 21-5)
(a)
Preapplication conference.
Not less than twenty (20)
days prior to the official filing of a preliminary plat with the city
secretary, the subdivider, or his authorized representative, shall
meet with the city officials to:
(1)
Ascertain the location of proposed highways, primary or secondary
thoroughfares, collector streets, parkways, parks, playgrounds, school
sites and other community facilities or planned developments.
(2)
Acquaint themselves with the city’s requirements.
(3)
Determine the general features of the subdivision, its layout, facilities
and required improvements necessary for proper preparation of the
preliminary plat in accordance with this article. This requirement
shall not be mandatory for minor subdivisions.
|
The subdivider may, at his option, schedule a preapplication
conference with the city official also before proceeding with the
work necessary for the official filing of the preliminary plat for
approval.
|
(b)
Preliminary plat.
(1)
The subdivider will cause a preliminary plat to be prepared by a licensed engineer and/or surveyor in accordance with section 10.02.007 of this article. In the case of a minor subdivision, the city council may waive certain requirements as outlined herein for the submission of preliminary and final plats and plans. If the preliminary plat of a minor subdivision also satisfies the additional requirements for a final plat listed in section 10.02.009, then the city council will consider the plat as the final plat if approved, and only the preliminary plat filing fee will be charged.
(2)
A preliminary plat must be approved prior to the offering for sale
of any lot, tract, or building site; prior to any construction work;
and before any map of such subdivision is prepared in form for recording.
Any plat filed for the first time shall be considered as a preliminary
plat, except as otherwise stated herein.
(3)
The preliminary plat shall be checked by the city council as to the
plat’s compliance with the standards, requirements, and principles
hereinafter prescribed. Prior to giving approval, the city council
shall cause such preliminary plat to be checked by appropriate parties
to ascertain compliance with all applicable additional requirements
for municipal, county, state and federal departments and agencies
concerned with applicable regulations of public utility companies.
(4)
Approval of a preliminary plat shall be effective for one (1) year.
At the end of the one-year period, if the construction of the improvements
has not started, the plat will be considered to have been vacated.
Upon written application, the preliminary plat may be extended an
additional six (6) months by the city council, provided no adjacent
development has occurred or any additional information has been found
that would affect the proposed subdivision as originally approved.
(c)
Construction and improvement plans.
Following approval
of the preliminary plat by the city council, the subdivider shall
cause construction and improvement plans and specifications to be
prepared by a licensed engineer in accordance with the applicable
sections of this article. If such plans include water and sanitary
sewer, upon completion of the plans and specifications, the subdivider’s
engineer shall submit the required submittal application to the appropriate
review section of the Texas Commission on Environmental Quality (TCEQ)
for approval (or comments). Upon approval from TCEQ, the subdivider
shall submit the completed plans and specifications to the city’s
contracted engineer for review. Once the subdivider and city’s
contracted engineer have mutually agreed upon any problems discovered
during the engineer’s review, the final plans and specifications
shall be submitted to the city council for approval. Upon such approval
by the city council, the subdivider shall install the minimum improvements,
or provide for an assessment guaranteeing such installations, in accordance
with this article.
(d)
Final plat.
A final plat must be approved prior to the sale of any lot, tract, or building site. Upon approval of the installed improvements by the city’s contracted engineer and the city, the final plat shall be prepared and submitted to the city council in accordance with the provisions of section 10.02.009 herein.
(1990 Code, sec. 21-6)
(a)
Time limit for filing and copies required.
The subdivider
shall file ten (10) copies of the preliminary plat along with the
required filing fee, a title commitment from a licensed Texas title
company or title opinion, and county certification, if applicable,
with the city secretary at least fourteen (14) days (seven (7) days
for minor subdivisions) prior to the date on which the city council
will meet to consider the formal application for approval of the preliminary
plat.
(b)
Preliminary plat filing fee.
(1)
The then-current filing fee charged by the Goliad County clerk’s
office for filing of said plat. The filing fee shall be paid directly
to the Goliad County clerk’s office by the subdivider/developer.
(2)
A certificate of preliminary plat filing shall be made by the city
secretary in duplicate upon proof from the Goliad County clerk’s
office (in the form of a receipt) that the plat had been filed.
(c)
Title opinion.
The subdivider shall submit a title commitment
from a licensed Texas title company or title opinion prepared by an
attorney-at-law, licensed to practice in the state, who finds the
fee simple title to the surface estate of the property described on
the preliminary plat to be vested in the subdivider or his principals.
(d)
Formal application.
A formal application for preliminary
plat approval shall be made by the subdivider or his duly authorized
representative by appearing before the city council at an official
meeting.
(e)
Compliance with federal and state regulations.
(1)
All subdivisions shall conform to the Flood Disaster Protection Act
of 1973, Public Law 93-324, passed by the 93rd Congress, H.R. 8449,
December 31, 1973, and the latest revisions thereof.
(2)
The city is also required to comply with the applicable portions
of Department of Housing and Urban Development requirements of title
24, Housing and Housing Credit, delineating requirements for the review
of building permits and subdivisions.
(3)
Federal floodplains are delineated on the basis of one-hundred-year
frequency discharges, and to be applied to only those areas where
official HUD-FIA maps have been prepared, or where one-hundred-year
water surface profile studies are available within the city and its
extraterritorial jurisdiction. The official maps and floodplains reports
are on file at city hall.
(4)
A phase one and phase two environmental assessment and clearance
prepared by a licensed state professional engineer trained to perform
such service shall be submitted to the city council for their review
and consideration for any property within a subdivision being dedicated
to the city as a street, right-of-way, easement or park.
(f)
Compliance with city floodplain ordinance.
The regulations
adopted by City Ordinance No. 280, adopted November 12, 1986, are
hereby incorporated by reference into this section. All subdivisions
shall conform to the city’s floodplain ordinance and the latest
revisions thereto.
(g)
Form and content.
The city council shall determine whether
a preliminary plat is in suitable form for review and shall not receive
or consider such plat until and unless it is submitted in accordance
with or is accompanied by the following:
(1)
A preliminary outline of any deed restrictions and covenants that
will be placed upon the subdivision.
(2)
A field note description of the boundary survey of the subdivision
prepared and certified by a licensed surveyor.
(3)
A vicinity map at a scale no greater than four hundred (400) feet
to the inch for all subdivisions exceeding five (5) acres in size.
Such map shall show the location and dimension of all existing area
subdivisions, streets, utility mains, easements, rights-of-way, property
lines, and names of the owners of adjoining parcels of land. It shall
also depict the existing drainage scenario, be it by surface or by
storm sewers. This vicinity map requirement may be waived or altered
by the city council for a minor subdivision.
(4)
The subdivision plat and vicinity map shall be prepared on a minimum
of eighteen (18) inch width and twenty-four (24) inch length sheets
with appropriate margins on all sides.
(5)
The subdivision plat shall be drawn at a scale of one hundred (100)
feet to the inch. When more than one (1) sheet is necessary to accommodate
the entire area, an index sheet showing the entire subdivision at
a smaller scale shall be attached to the plat.
(6)
The plat shall show the following:
(A)
Name and address of the subdivider, project engineer, and surveyor;
(B)
Proposed name of subdivision, which shall not have the same spelling
as, or be pronounced similar to, the name of any other subdivision
located within the city or within five (5) miles of the city. Any
subdivision within the original town tract shall not name the new
subdivision but shall list the new subdivision as “Revised.”
For example purposes only, Block 1, Lot 3 is subdivided into two (2)
parcels. The original parcel will retain its legal [description] as
Block 1, Lot 3 and the new parcel will be designated as Block 1, Lot
3 Revised.
(C)
Subdivision boundary indicated by heavy lines and the computed acreage
of the subdivision;
(D)
Metes and bounds description of the subdivision indicating primary
control points and ties to such control points;
(E)
Date of preparation, scale, and north arrow;
(F)
The location, dimension, description, and name of all proposed, existing,
and recorded streets, alleys, watercourses, drainage structures, parks,
other areas, reservations, easements, rights-of-way, blocks, lots,
and other sites within the subdivision or contiguous with the subdivision;
(G)
General layout of all proposed utility mains, including water, sanitary
and storm sewers, electricity, gas, cable, and telephone;
(H)
Topographical contour lines at two-vertical-foot intervals (the city
council may waive this requirement in the case of a minor subdivision);
(I)
A number or letter to identify each lot, tract, parcel, and block;
(J)
Front building setback lines on each lot, including side yard building
setback lines at street intersections;
(K)
Designations showing the proposed uses of the land within the subdivision;
i.e., the type of residential use, location of commercial or industrial
sites, sites for churches, schools, parks, etc.;
(L)
Location of the city limits line or the city’s extraterritorial
jurisdiction line should either or both of these lines traverse, form
a part of the boundary to, or are contiguous to the subdivision;
(M)
Surveyor’s professional seal and signature certifying the accuracy
of the subdivision survey and plat.
(N)
If the developer intends to subdivide any portion of the parcel into
a multiple-dwelling-unit subdivision, then the preliminary plat shall,
in addition, include the following information:
(h)
Subdivision - a unit of a larger tract.
Where the proposed
subdivision constitutes a unit of a larger tract owned by the subdivider,
which is intended to be subsequently subdivided as additional units
of the same subdivision, the preliminary plat shall be accompanied
by a layout of the entire area, showing the tentative proposed layout
of streets, blocks, drainage, water, sewerage, and other improvements
for such areas. The overall layout, if approved by the city council,
shall be attached to and filed with a copy of the approved subdivision
plat in the permanent files of the city council. Thereafter, plats
of subsequent units of such subdivision shall conform to such approved
overall layout, unless changed by the city council where the subdivider
agrees to such change. The council may change such approved overall
layout only when the council finds that adherence to the previously
approved overall layout will:
(1990 Code, sec. 21-7)
One (1) set of construction plans and specifications, as approved
by TCEQ when necessary, shall be submitted to the city’s contracted
engineer for such engineer’s review. After no more than ten
(10) days of review, a meeting shall be scheduled within the next
ten (10) days by the city engineer with the developer’s engineer
to discuss and make corrections. The construction plans, drawn on
sheets twenty-four (24) inches by thirty-six (36) inches, shall contain
the following:
(1)
Urban subdivisions.
(A)
Street and drainage layout.
A plan at a scale of one
(1) inch plus one hundred (100) feet that depicts how drainage will
be handled. The plan shall include the following:
(i)
Topographical contour lines at one-half-vertical-foot intervals extending
one hundred (100) feet beyond the subdivision boundary line and based
on United States Geological Survey (USGS) vertical datum.
(ii)
Watershed boundaries within the subdivision along with watershed
areas, times of concentration, rainfall intensities and runoff coefficients.
(iii)
Flow arrows in streets and along channels or storm sewers indicating
drainage direction.
(iv)
Runoff values indicated on the outlet and inlet side of all
drainage ditches and storm sewers and at all points in the street
at changes in grade or where the street enters another street or storm
sewer or drainage ditch.
(v)
Drainage calculations showing the anticipated stormwater flow, including
watershed areas, runoff percentages and times of concentration, shall
be required.
(vi)
A USGS quadrangle map, showing the location of the subdivision
as well as the entire watershed area, shall also be required.
(B)
Water system layout.
A plan of the proposed water system,
at a scale of one (1) inch equals one hundred (100) feet, which shows
the estimated peak demand flows, the sizes and types of all lines,
fittings, and valve boxes and the burial depth of the lines. It shall
also show the location of all fire hydrants with an indicated elevation
of the top of the proposed curb at its location. A city-approved fire
hydrant shall be installed to provide a one-thousand-foot radius of
each lot within a subdivision.
(C)
Sanitary sewer system layout.
A plan of the proposed
sanitary sewer system, at a scale of one (1) inch equals one hundred
(100) feet, which shows the estimated peak flows and indicating the
sizes, types of all lines and their locations within the system. It
shall also show the location and sizes of the existing mains to which
the system will be connected and the location of all manholes and
cleanouts.
(D)
Utilities layout.
A plan for the proposed franchised
utilities and street lighting, showing the sizes and location of all
streetlights and proposed electric, gas, telephone, and cable lines,
as applicable. An easement cross-section shall be shown indicating
the exact position of each utility in any proposed easement (including
water, sewer, and storm sewer).
(E)
Detail plans.
The detail plan sheet shall be a composite
of all details which concern the above set of construction plans,
such as detail of the proposed catchbasins, manholes, cleanouts, sewer
and water house connections, street cross-sections, curb and gutter,
fire hydrant locations and footing construction, concrete junction
boxes, headwalls or any other details necessary to show intent of
construction.
(F)
Plan-profile sheets.
The plan-profile sheets shall be
drawn to a horizontal scale of one (1) inch equals fifty (50) feet,
and the vertical scale of one (1) inch equals five (5) feet (except
as otherwise approved by the city’s contracted engineer), and
shall show the finished plan of the proposed utilities and street
construction. Such finished plan shall include the following:
(i)
Alignment of each street, alley, crosswalk and drainage easement
showing a beginning and ending station; each deflection angle of the
centerline and the station of the point of intersection; the station
of the point of curvature and the point of tangency of each curve;
the station and angle of intersection of each intersection with another
street, alley or drainage easement; that station and radius of each
curb return; the location of adjacent right-of-way lines; the location
and limits of sidewalks and curb of each street; the location of each
drainage structure; the location and size of all storm sewers. The
length, width, and thickness of cement stabilized base.
(ii)
The top of curb grade at each curb end, each fifty-foot station
and each end of each curb return; the centerline grade at each end
and at each fifty-foot station of alleys and drainage ditches; the
gradient of each tangent grade and the location and length of each
vertical curve; the direction of storm drainage flow at each intersection;
the flow-line elevations of each drainage structure; the flow-line
elevation of each storm sewer at each point of change of grade and
each end and the intervening gradients. The profiles of streets, alleys
and drainage ditches shall show the natural ground at adjacent property
lines and the proposed centerline.
(iii)
Size, grade, and type of sewer, as well as line depths and lengths.
(iv)
Manholes with invert and top elevations indicated as well as
intermediate flow line elevations along length at fifty (50) foot
stations.
(v)
Service layouts for future sanitary sewer service.
(vi)
Plans and technical specifications for lift stations shall fully
describe all pumps, valves, pumping control mechanisms, safety and
ventilation equipment, access operator points, hatches and hoisting
equipment for installing and removing equipment.
(G)
All construction plans shall indicate a north arrow, scale or scales
and date, and shall bear the signature and seal of a licensed engineer
registered in the state.
(H)
Technical specifications. A set of specifications (where needed)
for special situations and/or equipment.
(I)
If access to subdivision is contiguous with a state-maintained facility,
a permit from the state department of transportation indicating approval
of the proposed access point and right-of-way.
(J)
The construction plan submission shall include an estimate and quantity
sheet indicating quantities for streets, drainage, and utility construction
along with structural appurtenances to be dedicated to the public
as part of the proposed subdivision.
(2)
Rural subdivisions.
The construction drawings for rural
subdivisions shall contain the same information as urban subdivisions,
except:
(3)
Certification of review by others.
The developer is
required to submit a copy of the construction drawings to each of
the entities listed below. The developer shall allow a two-week period
for these entities to review the plans and comment. A certification
signed by each entity stating that the construction drawings have
been reviewed by their staff and stating any comments shall be submitted
to the city council prior to approval of the construction drawings.
Should any entity not respond within the two-week period, a written
statement signed by the developer certifying that the plans were submitted
to (name of individual) with (name of organization) on (date of submittal)
shall suffice.
(4)
Certification of approval by others.
The developer of
a rural subdivision is required to submit a copy of the construction
drawings to the applicable entities listed below for approval. A certification
signed by each required entity stating that the construction drawings
have been reviewed and approved as applicable shall be submitted to
the city council prior to approval of the construction drawings.
(1990 Code, sec. 21-8)
(a)
Time limit for filing and required materials.
For final
plat approval, the subdivider shall file the following with the city
secretary at least seven (7) days prior to the date on which the city
council will meet to consider the final plat approval:
(1)
The final plat on two (2) reproducible positives, along with ten
(10) blue/blackline copies.
(3)
Three (3) certified copies of the “as-built” improvement
plans certified by a professional engineer registered in the state.
(4)
A certificate, signed by the subdivider’s registered engineer,
that all improvements constructed in the subdivision have been completed
in accordance with the approved construction plans and specifications,
in the following form:
|
I (we) _________, an individual or firm offering professional
engineering services to the public, have been designated by the owner(s)
to design and prepare plans and specifications for the physical improvements
to the subdivision known as _______, located in the City of Goliad,
Texas, or its extraterritorial jurisdiction.
| |
|
The undersigned certifies that such person has reviewed the
as-built drawings, reports of test results and inspections, the accompanying
engineering documents and certifications. Engineering computations
have been made to adjust and/or confirm the capabilities of the as-built
drainage system and the adequacy of the physical improvements to assure
that the minimum requirements of the applicable city ordinances have
been achieved. The undersigned further recommends that the subdivision
known as _____be approved and accepted by the City of Goliad, Texas.
| |
|
Signature of Engineer
| |
|
Texas Registration No.
|
Date
|
|
Firm Name
| |
|
Business Address
| |
|
City, State, Zip
| |
|
(SEAL)
| |
(5)
A maintenance bond executed by a surety company holding a license
to do business in the state and approved as to form and legality by
the city attorney, in an amount equal to one hundred ten (110) percent
of the cost of the improvements, conditioned that the subdivider will
maintain such improvements in good condition for a period of one (1)
year after approval of the final plat by the city council.
(b)
Final plat filing fee.
The then-current filing fee charged
by the Goliad County clerk’s office for filing said plat. The
filing fee shall be paid directly to the Goliad County clerk’s
office by the subdivider/developer. A certificate of final plat filing
shall be made by the city secretary in duplicate upon proof from the
county clerk’s office (in the form of a receipt) that the final
plat had been filed.
(c)
Approval.
Once the final plat has been approved by the
city council, the city secretary shall complete the city secretary’s
certification on the two (2) reproducible positives. These positives
shall be returned to the subdivider, who shall, within fifteen (15)
days, file the final plat with the county clerk. The county clerk
shall complete the county clerk’s certification on both positives,
retain one for county records and return one to the subdivider, who
shall return it to the city secretary for the city records. Should
the subdivider fail to comply with this section, the approval of such
final plat shall be null and void.
(d)
Form and content.
In addition to all of the standard requirements for a preliminary plat as indicated in section 10.02.007 of this article, the requirements contained below will also be included as a part of the final plat, unless specifically waived by the city council.
(1)
A certified copy of any deed restrictions and covenants that will
be placed upon the subdivision. Reference to such deed restrictions
shall be made on the plat.
(2)
The certifications typewritten on the plat and in the form shown
elsewhere herein.
(3)
In addition to the requirements cited in section 10.02.007(g)(6), the plat shall show:
(A)
Accurate dimensions, bearing angles, and curve data, including intersection
angle, radius, tangent, length of curve, and chord distance.
(B)
The proposed street address of each lot will be determined by the
city. The final street address will be determined by the city based
upon what street the front door faces and/or the footage from the
adjoining lot so that the address conforms to current city policy.
(C)
The location and description of all survey monuments. Concrete monuments
shall be required, at minimum, at each boundary corner of the subdivision
tract of land.
(e)
Minimum improvements required.
The following improvements
must be installed and accepted by city council prior to start of construction
of streets and dwelling units:
(f)
Certifications.
(1)
Owner’s certification.
|
STATE OF TEXAS
|
|
COUNTY OF _____
|
|
I (we), the undersigned, owner(s) of the land shown on this
plat, and designated herein as the _____Subdivision to the City of
Goliad, Texas, and whose name is subscribed hereto, hereby dedicate
to the use of the public forever all streets, alleys, parks, watercourses,
drains, easements, and public places thereon shown for the purpose
and consideration therein expressed.
|
|
Owner(s)
|
|
STATE OF TEXAS
|
|
COUNTY OF _____
|
|
Before me, the undersigned authority, on this day personally
appeared _____ known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that such person
executed the same for the purposes and considerations therein stated.
|
|
Given under my hand and seal of office this the _____day of
_____, ______.
|
|
Notary Public, _____County, Texas
|
(2)
Surveyor’s certification.
|
STATE OF TEXAS
|
|
COUNTY OF _____
|
|
I, _____, a Registered Texas Land Surveyor in the State of Texas,
do hereby certify that I prepared this plat from an actual and accurate
survey of the land and that the corner monuments shown thereon were
placed under my personal supervision, in accordance with the Subdivision
Regulations of the City of Goliad, Texas.
|
|
Surveyor’s Name
|
|
Registered Texas Land Surveyor No. _____
|
|
Date: /_____/_____
|
|
(SEAL)
|
(3)
Engineer’s certification.
|
STATE OF TEXAS
|
|
COUNTY OF _____
|
|
I, _____, a Registered Professional Engineer in the State of
Texas, do hereby certify that proper engineering consideration has
been given this plat.
|
|
Engineer’s Name
|
|
Texas Registration No. _____
|
|
Date: _____/ /_____
|
|
(SEAL)
|
(4)
City secretary’s certification.
|
STATE OF TEXAS
|
|
COUNTY OF GOLIAD
|
|
I, ________, City Secretary of the City of Goliad, an incorporated
City in Goliad County, Texas, do hereby certify that the foregoing
plat was approved by the City Council of said City as approved by
law, and that the resolution appears on record in Volume _____, Page
_____in the Minutes of the City Council of Goliad as kept in my office.
|
|
WITNESS MY HAND AND SEAL OF THE CITY OF GOLIAD, TEXAS, on this
_____day of _____, _____.
|
|
City Secretary
|
|
City of Goliad
|
|
Goliad County, State of Texas
|
|
(SEAL)
|
(5)
County clerk’s certification.
|
STATE OF TEXAS
|
|
COUNTY OF GOLIAD
|
|
I, _____Clerk of the County Court and County Clerk of Goliad
County, Texas, do hereby certify that the foregoing plat of _____in
the City of Goliad, Goliad County, Texas, duly authenticated by certification
of the City of Goliad, Texas, attached hereto, was filed for record
in my office on the _____day of _____, 20________, ________o’clock
________m., and was duly recorded on the _____ day of ________, 20_____in
Volume _____Page _____of the Deed Records of Goliad County, Texas.
|
|
County Clerk
|
|
County of Goliad
|
|
State of Texas
|
(1990 Code, sec. 21-9)
(a)
Vacating plat.
(1)
The proprietors of the tract covered by a plat may vacate the plat
at any time before any lot in the plat is sold. The plat is vacated
when a signed, acknowledged instrument declaring the plat vacated
is approved and recorded in the manner prescribed for the original
plat.
(2)
If lots in the plat have been sold, the plat, or any part of the
plat, may be vacated on the application of all the owners of lots
in the plat with approval obtained in the manner prescribed for the
original plat.
(3)
The county clerk shall write legibly on the vacated plat the word “Vacated”
and shall enter on the plat a reference to the volume and page at
which the vacating instrument is recorded.
(4)
On the execution and recording of the vacating instrument, the vacated
plat has no effect.
(b)
Amending plat.
(1)
The city council may approve and issue an amending plat, which may
be recorded and is controlling over the preceding plat without vacation
of that plat, if the amending plat is signed by the applicants only
and is solely for one (1) or more of the following purposes:
(A)
To correct an error in a course or distance shown on the preceding
plat;
(B)
To add a course or distance that was omitted on the preceding plat;
(C)
To correct an error in a real property description shown on the preceding
plat;
(D)
To indicate monuments set after the death, disability, or retirement
from practice of the engineer or surveyor responsible for setting
monuments;
(E)
To show the location or character of a monument that has been changed
in location or character that is shown incorrectly as to location
or character on the preceding plat;
(F)
To correct any other type of scrivener or clerical error or omission
previously approved by the city council, including lot numbers, acreage,
street names, and identification of adjacent recorded plats;
(G)
To correct an error in courses and distances of lot lines between
two (2) adjacent lots if:
(H)
To relocate a lot line to eliminate an inadvertent encroachment of
a building or other improvement on a lot line or easement;
(I)
To relocate one (1) or more lot lines between one (1) or more adjacent
lots if:
(J)
To make necessary changes to the preceding plat to create six (6)
or fewer lots in the subdivision or a part of the subdivision covered
by the preceding plat if:
(i)
The changes do not affect applicable zoning and other regulations
of the city;
(ii)
The changes do not attempt to amend or remove any covenants
or restrictions; and
(iii)
The area covered by the changes is located in an area that the
city council has approved, after a public hearing, as a residential
improvement area; or
(K)
To replat one (1) or more lots fronting on an existing street if:
(i)
The owners of all those lots join in the application for amending
the plat;
(ii)
The amendment does not attempt to remove recorded covenants
or restrictions;
(iii)
The amendment does not increase the number of lots; and
(iv)
The amendment does not create or require the creation of a new
street or make necessary the extension of city facilities.
(2)
Notice, a hearing, and the approval of other lot owners are not required
for the approval and issuance of an amending plat.
(1990 Code, sec. 21-10)
(a)
Replatting without vacating preceding plat.
A replat
of a subdivision or part of a subdivision may be recorded and is controlling
over the preceding plat without vacation of that plat if the replat:
(1)
Is signed and acknowledged by only the owners of the property being
replatted;
(2)
Is approved, after a public hearing on the matter at which parties
in interest and citizens have an opportunity to be heard, by the city
council; and
(3)
Does not attempt to amend or remove any covenants or restrictions.
(b)
Time limit for filing and copies required.
The subdivider
shall file ten (10) blue/black line copies of the required plats,
along with proof of ownership, with the city secretary at least seven
(7) days prior to the date on which the city council will meet to
consider the formal application for approval of the replat.
(c)
Replat filing fee.
The then-current filing fee charged
by the Goliad County clerk’s office for filing of said replat.
The filing fee shall be paid directly to the Goliad County clerk’s
office by the subdivider/developer. A certificate of replat filing
shall be made by the city secretary in duplicate upon proof from the
county clerk’s office (in the form of a receipt) that the replat
had been filed.
(d)
Proof of ownership.
The subdivider shall submit a certified
copy of the deed showing that he owns the property being proposed
for replat, and a copy of his latest property tax receipt showing
he is paying taxes on the property.
(e)
Water/sewer tap fees required.
When a portion of a subdivision
which is serviced by city water and/or sewer is replatted by either
taking larger lots and dividing them up into a greater number of smaller
lots and thereby producing one (1) or more lots without water and/or
sewer service or is replotted in such a way as to skew the water and/or
sewer taps, i.e., the tap(s) for any particular lot are located in
front of the adjoining property and not in front of the property in
question, then the subdivider must pay the applicable tap fees, as
specified in the city’s water and sewer ordinances, in order
to establish service to these lot(s) with a tap in front of each property.
(f)
Formal application.
A formal application for replat
approval shall be made by the subdivider or his duly authorized representative
by appearing before the city council at an official meeting.
(g)
Form and content.
The city council shall determine whether
a replat is in suitable form for review and shall not receive or consider
such plat until and unless it is submitted in accordance with or is
accompanied by the following:
(1)
A plat showing the entire block of the lot or lots proposed for replat
as it is currently recorded in the subdivision final plat.
(2)
A plat prepared by a licensed surveyor showing the lot or lots as
proposed for replat. This plat shall be prepared on, at minimum, a
eight and one-half-inch by fourteen-inch sheet to a scale of one (1)
inch equals fifty (50) feet.
(3)
Each plat shall show the following:
(h)
Subdivisions restricted to certain residential use.
If any lot in the existing subdivision plat proposed for replat was
limited by the deed restrictions to residential use for not more than
two (2) residential units per lot, then the following additional requirements
shall be met, as per state statute:
(1)
The time limit for filing the replat with the city secretary shall
be twenty (20) days prior to the date on which the city council will
meet to consider the formal application for approval of the replat.
(2)
The filing fee is the then-current filing fee charged by the Goliad
County clerk’s office for filing said replat.
(3)
Public notice of the meeting at which the city council will consider the application for replat shall be given before the fifteenth day before the date of the public meeting by publication in a local newspaper and by written notice, with a copy of subsection (4) attached. The notice shall be forwarded by the city to the owners of all lots in the subdivision plat requested for replat. If the existing subdivision plat contains more than one hundred (100) lots, the written notice shall be mailed only to the owners of lots located within two hundred (200) feet of the lots to be replatted.
(4)
If twenty (20) percent or more of the owners to whom written notice is required to be given under subsection (3) file with the city a written protest of the replatting before or at the city council meeting, the city shall require for the replatting the written approval of at least sixty-six and two-thirds (66-2/3) percent of the owners of all lots in the existing subdivision plat or of the owners of lots located within two hundred (200) feet of the lots to be replatted if the existing plat contains more than one hundred (100) lots. In computing percentages of ownership, each lot is considered equal to all other regardless of size or number of owners, and the owners of each lot are entitled to cast only one (1) vote per lot.
(i)
Approval.
Once the replat has been approved by the city
council, the city secretary shall, upon receipt of proof that any
required water and sewer tap fees have been paid, complete the city
secretary’s certification on two (2) reproducible positives
provided by the subdivider within five (5) days of the city council’s
acceptance. These positives shall be returned to the subdivider, who
shall, within fifteen (15) days, file the replat with the county clerk.
The county clerk shall complete the county clerk’s certification
on both positives, retain one for county records and return one to
the subdivider, who shall return it to the city secretary for the
city records. Should the subdivider fail to comply with this section,
the approval of such replat shall be null and void.
(j)
Certifications.
(1)
Owner’s certification.
|
STATE OF TEXAS
|
|
COUNTY OF _____
|
|
I (we), the undersigned owner(s) of the land shown on this plat,
and designated herein as a replat of Lot(s), Block of Subdivision
to the City of Goliad, Texas, originally filed for record at the office
of the County Clerk, Goliad County, Texas, the _____ day of _____as
same appears of record in Volume _____Page(s) ________ of the Goliad
County Deed Records, do hereby certify that this replat is an amendment
to said plat of record.
|
|
Owner(s)
|
|
STATE OF TEXAS
|
|
COUNTY OF _____
|
|
BEFORE ME, the undersigned authority, on this day personally
appeared _____, known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that such person
executed the same for the purposes and considerations therein stated.
|
|
Given under my hand and seal of office this the _____day of
_____, 20 ____.
|
|
Notary Public, Goliad County, Texas
|
(2)
Surveyor’s certification.
|
STATE OF TEXAS
|
|
COUNTY OF _____
|
|
I, _____, a Registered Professional Land Surveyor in the State
of Texas, do hereby certify that I prepared this plat from an actual
and accurate survey of the land and that the corner monuments shown
thereon were placed under my personal supervision.
|
|
Surveyor’s Name
|
|
Registered Texas Land Surveyor No. _____
|
|
(SEAL)
|
(3)
City secretary’s certification.
|
STATE OF TEXAS
|
|
COUNTY OF GOLIAD
|
|
I, _______, City Secretary of the City of Goliad, an incorporated
City in Goliad County, Texas, do hereby certify that the foregoing
replat was approved by the City Council of said City as approved by
law, and that the resolution appears of record in Volume _____Page
_____of the Minutes of the City Council of Goliad as kept in my office.
|
|
WITNESS MY HAND AND SEAL OF THE CITY OF GOLIAD, TEXAS, on this
_____day of _____, 20 ____.
|
|
City Secretary
|
|
City of Goliad
|
|
Goliad County, State of Texas
|
(4)
County clerk’s certification.
|
STATE OF TEXAS COUNTY OF GOLIAD
|
|
I, _____, Clerk of County Court and County Clerk of Goliad County,
Texas, do hereby certify that the foregoing replat of _____Subdivision
of the City of Goliad, Goliad County, Texas, duly authenticated by
certification of the City of Goliad, Texas, attached hereto, was filed
for record in my office on the _____day of _____20________, ________o’clock,
________M., and was duly recorded on the _____ day of ________, 20________in
Volume _____, Page _____of the Goliad County Deed Records.
|
|
County Clerk
|
|
County of Goliad
|
|
State of Texas
|
|
CHECKLIST
|
|
For Replatting Under the Subdivision Ordinance Section XI.
|
|
Requirement received
|
|
A.
|
10 copies of plat 7 days in advance of City Council meeting
|
________
| ||
|
B.
|
Filing fee
|
________
| ||
|
C.
|
Certified copy of deed to property
|
________
| ||
|
D.
|
Payment for water and/or sewer tap fees
|
________
| ||
|
E.
|
Presentation at meeting
|
________
| ||
|
F.
|
Form and Content of Plat:
|
________
| ||
|
|
1.
|
Shows entire block
|
________
| |
|
|
2.
|
Plat by registered surveyor
|
________
| |
|
|
3.
|
a.
|
Name/address of surveyor
|
________
|
|
|
|
b.
|
Date of preparation, scale & north arrow
|
________
|
|
|
|
c.
|
Number or letter to identify each block and lot shown (existing
and proposed replat)
|
________
|
|
|
|
d.
|
Setback and easement lines
|
________
|
|
|
|
e.
|
Sealed and signed
|
________
|
|
G.
|
For subdivisions restricted to two residential units per lot
|
________
| ||
|
|
1.
|
Plat filed 20 days prior to City Council meeting
|
________
| |
|
|
2.
|
Filing fee paid
|
________
| |
|
|
3.
|
Public notice published according to this section
|
________
| |
|
|
4.
|
Any protest - appropriate approval received
|
________
| |
|
H.
|
1.
|
Council approved
|
________
| |
|
|
2.
|
Proof of tap fees paid
|
________
| |
|
|
3.
|
City Secretary’s signed 2 reproducible copies within 5
days of City Council approval
|
________
| |
|
|
|
Certification checklist:
|
| |
|
|
|
Owner’s certificate _____
|
| |
|
|
|
Surveyor’s certificate ________
|
| |
|
|
|
City Secretary’s certificate _____
|
| |
|
|
|
County Clerk’s certificate _____
|
| |
|
|
4.
|
County Clerk’s certification
|
_________
| |
|
|
5.
|
One copy returned to City Secretary
|
_________
| |
|
|
Reproducible plat returned to City Secretary within 15 days
|
_________
| ||
|
|
Plat approved - Date:
|
_________
| ||
(1990 Code, sec. 21-11; Ordinance
adopting Code)
(a)
General.
All subdivisions, group housing and other developments shall conform to the minimum design and construction standards set forth below unless otherwise stated in section 10.02.013.
(b)
Lots.
(1)
Minimum dimensions.
(A)
Sewered lots.
Where connection to the city’s
sewage collection system is available, each lot shall have a minimum
area of five thousand (5,000) square feet with a minimum width of
fifty (50) feet measured at the front building line.
(B)
Unsewered lots.
In rural subdivisions where connection
to the city’s sewage collection system is not available, the
lot size shall be determined in accordance with the requirements of
the TCEQ for septic tank systems.
(C)
Corner lots.
Corner lots shall be at least seventy
(70) feet wide. Lots abutting on pedestrian easements shall be treated
as corner lots.
(D)
Side lot lines.
Where practicable, side lot lines
shall be substantially at right angles to the right-of-way line of
the street on which the lot faces.
(E)
Extra depth and/or width.
Where a residential
lot abuts up to a railroad right-of-way, a high-pressure gasoline,
oil, or gas line, an arterial street, an industrial area, or other
land use which has a depreciating effect on the residential use of
property, and where no marginal access street or other street is provided
along the property, additional depth and/or width as determined by
the city council shall be required.
(2)
Minimum building setbacks.
(A)
Front setback lines.
Minimum front building setback
lines shall be twenty-five (25) feet. Corner lots shall have a minimum
twenty-five-foot setback on both the front and side street.
(B)
Rear setback line.
Minimum rear setback lines
shall be fifteen (15) feet from the centerline of a utility easement
or no less than five (5) feet in cases where no easement exists.
(C)
Side setback line.
Minimum side setback lines
shall be five (5) feet, except for corner lots which require a twenty-five-foot
side setback.
(D)
Double frontage.
Where lots are double-fronted
on a front and back street, the plat shall designate the front lot
line and all buildings shall face that street.
(E)
Commercial lots.
Lots with commercial land use
may not require building setbacks. It shall be understood that any
construction on such lots shall be approved by the city council and
shall not be built over any utility easement.
(c)
Streets and alleys.
(1)
Street layout.
(A)
The street layout shall provide public access to all lots and parcels
of land within the subdivision, and adequately provide for the layout
of utilities, garbage and waste removal, fire and police protection,
and other services, and to protect and further the public health and
safety generally.
(C)
The street layout of the subdivision shall provide the most advantageous
and aesthetically pleasing development of the entire neighborhood
and adjoining streets. Where appropriate to the design of the neighborhood,
proposed streets shall be continuous and in alignment and ROW width
with existing, planned or platted streets with which they are to connect,
or their projections, where adjoining land is not subdivided.
(D)
The proposed location of an intersection of any new street with an
existing city street or state-maintained roadway shall be subject
to approval by the state department of transportation or the city
council, as applicable.
(E)
The angle of intersection between all streets shall not vary more
than ten (10) degrees from a right angle, except by variance in cases
of exceptional conditions.
(F)
Street layouts which cause an existing or proposed street to have
a centerline offset of less than one hundred twenty-five (125) feet
with any other proposed street shall not be allowed, except by variance
in cases with exceptional conditions.
(G)
The intersection of more than two (2) streets at one (1) point will
not be permitted.
(2)
Block layout.
(A)
Blocks shall be of sufficient width to provide for two (2) tiers
of lots of a depth as specified elsewhere herein. Where the city council
approves a single tier of lots in cases where lots would otherwise
front on a major street or where topographical conditions or the size
of the property prevents two (2) tiers, an adequate buffer area shall
be provided and access from any abutting major street prohibited.
(B)
Block lengths in urban residential subdivisions and rural subdivisions
with lots of one (1) acre in size or less shall not exceed one thousand
two hundred (1,200) feet or be less than five hundred (500) feet.
In all other subdivision types, the length of blocks shall be such
as may be appropriate, in the opinion of the city council, for the
locality and the type of development contemplated.
(C)
Dead-end alleys shall not be permitted.
(3)
Street names.
Names of new streets shall not duplicate
or cause confusion with the names of existing streets, unless the
new street is in alignment with an existing street, in which case
the name of the existing street shall be used.
(4)
Cul-de-sacs and temporary dead-ends.
(A)
Cul-de-sacs and temporary dead-ends shall not exceed four hundred
(400) feet in length. The turnaround shall have a right-of-way diameter
of not less than one hundred (100) feet and a pavement diameter of
not less than eighty (80) feet.
(B)
Except as otherwise provided herein, temporary dead-end streets may
be approved where necessitated by the layout of the subdivision or
staging of development, provided that temporary paved turnarounds
shall be constructed where lots are fronting on such temporary dead-end
streets. The additional width of the right-of-way required for such
temporary turnaround shall be the same as required for permanent turnarounds.
The extra right-of-way shall be vacated upon extension of the temporary
street and the reconditioning of such street, and front yards shall
be at the expense of the subdivider.
(5)
Private streets.
Private streets which serve more than
one (1) residential lot, or multifamily structure owned by more than
one (1) person or corporation, are expressly forbidden. All such streets
shall be dedicated to the public in accordance with these regulations.
(6)
Sidewalks (optional) and driveways (installed by subdivider).
(A)
Sidewalks may be installed on both sides of all streets, a distance
of one point zero (1.0) feet from the property line, and in all designated
pedestrian easements. Sidewalks, when installed, shall be a minimum
four point zero (4.0) feet wide. Where sidewalks intersect with new
or existing street curbs, a ramp shall be built into the curb so that
the sidewalk and street blend into a common level. Such ramps shall
conform to the requirements of ANSI A117.1.
(B)
Driveway approaches, as specified elsewhere herein, shall be installed
between the curbline and the property line at each driveway entrance.
An expansion joint is required at the property line.
(C)
The installation of sidewalks and driveway approaches may be postponed
until such time that each lot is developed or built upon.
(7)
Street cross-sections.
(A)
Arterial.
(i)
Min. right-of-way width: 80 ft.
(ii)
Min. pavement width (2 lane): 44 ft. (4 lane): 48 ft.
(iii)
Crown: 3% cross slope until 6" then 2%.
(iv)
Subgrade: 8" lime stabilized compacted to 90% mod. proctor or
equal; width of subgrade to include 12" min. behind curb.
(v)
Base: 10" flexible base or 8" p.c.c. Width of flexible base
to include 12" min. behind curb.
(vi)
Surface: 1-1/2" hot mix or two-course with primer.
(B)
Collector.
(i)
Min. right-of-way width: 60 ft.
(ii)
Min. pavement width: 40 ft.
(iii)
Crown: 3% cross slope until 6", then 2%.
(iv)
Subgrade: 8" lime stabilized compacted to 90% mod. proctor or
equal; width of subgrade to include 12" min. behind curb.
(v)
Base: 8" flexible base or 6" p.c.c. Width of flexible base to
include 12" min. behind curb.
(vi)
Surface: 1-1/2" hot mix or two-course with primer.
(C)
Local.
(i)
Min. right-of-way width: 55 ft.
(ii)
Min. pavement width: 36 ft.
(iii)
Crown: 9" parabolic.
(iv)
Subgrade: 6" lime stabilized compacted to 90% mod. proctor or
equal; width of subgrade to include 12" min. behind curb.
(v)
Base: 6" flexible base or 6" p.c.c.
(vi)
Surface: 1" hot mix or two-course with primer.
(D)
Marginal access.
(i)
Min. right-of-way width: 55 ft.
(ii)
Min. pavement width: 28 ft.
(iii)
Crown: 7" parabolic
(iv)
Subgrade: 6" lime stabilized compacted to 90% mod. proctor or
equal; width of subgrade to include 12" min. behind curb.
(v)
Base: 6" flexible base or 6" p.c.c.
(vi)
Surface: 1" hot mix or two-course with primer.
(E)
Alley.
(i)
Min. right-of-way width, commercial: 24 ft.
(ii)
Min. pavement width, commercial: 24 ft.
(iii)
Min. right-of-way width, residential: 22 ft.
(iv)
Min. pavement width, residential: 12 ft.
(v)
Reverse crown: 2.0% incline toward center.
(vi)
Subgrade: 6" compacted to 90% modified proctor.
(vii)
Surface: 6", 3000 psi P.C. concrete w/#3’s @ 12" o.c.
both ways.
(8)
Street grades.
No street or gutter grade shall be less
than two-tenths (0.2) of one (1) percent.
(9)
Specifications.
(A)
The preparation and construction of the earthwork, sub-base, base
and surface courses of the streets; the concrete curbs, gutters, sidewalks,
and driveway approaches; and any other incidental construction shall
be in accordance with the latest edition of the “Standard Specifications
for Construction of Highways, Streets and Bridges” by the state
department of transportation and any other minimum standards specified
elsewhere herein.
(B)
Curb and gutters.
Curbs and gutters shall be installed
in all streets within a subdivision. The city council may approve
the installation of curbs and gutters according to a specified development
plan within the subdivision. The soil in an area twelve inches behind
the curb shall be compacted in six-inch lifts to ninety (90) percent
modified proctor to the depth of the flexible base or subgrade.
(D)
Driveway approaches.
(i)
Subgrade: 90% modified proctor.
(ii)
Base: 4" sand.
(iii)
Concrete: 2500 psi @ 28 days, 5 sack mix.
(iv)
Reinforcing, residential: 6x6x6 ww or #3 @ 12" o.c. b/w.
(v)
Reinforcing, commercial: #4 @ 12" o.c.
(vi)
Expansion joints: 3 ea. #5 smooth dowels w/sleeves; filler shall
be 3/4" thick meeting ASTM D-1752.
(E)
Reinforcing alternative.
A synthetic fiber product
may be added to the concrete at a rate of one and one-half (1.5) pounds
per cubic yard, in lieu of using welded wire, in cases where welded
wire is permitted and in curb and gutter construction.
(10)
Miscellaneous.
(A)
Subdivisions intended for commercial and industrial occupancy
shall have access to a collector street under all circumstances, except
in the case of appropriately separated planned retail centers.
(B)
Streetlights, according to current city specifications, shall
be installed by the subdivider at all intersections within the subdivision,
at adjacent intersections on the north and east boundaries of the
subdivision, and at intervals of five hundred (500) feet maximum along
a street where a block is over five hundred (500) feet long.
(C)
Street signs shall be installed by the subdivider at all intersections
within or abutting the subdivision. Such signs shall be of a type
approved by the city, and shall be installed in accordance with standards
of the city.
(d)
Utility easements (provided by subdivider).
(1)
Each block that does not contain an alley shall have a utility easement
at the rear of all lots reserved for use by all public utilities for
service and main lines, conduits, manholes, meters, equipment, and
maintenance procedures. These easements shall be a minimum fifteen
(15) feet in width, taking footage from each lot where the rear of
two (2) lots abut each other, and shall be continuous for the entire
length of the block. These easements shall parallel, as closely as
possible, the street line frontage of the block.
(2)
Where a subdivision is traversed by a watercourse, drainageway, natural
channel or stream, there shall be provided an easement or right-of-way
conforming substantially to the limit of such watercourse, plus additional
width to accommodate future needs. Such easement or right-of-way requirements
shall be as follows:
(A)
All open channels, which serve more than one (1) lot or tract of
land, shall be placed within properly dedicated drainage easements.
These easements shall be of sufficient width to contain the channel
under the design flow, back slope drainage system, and provide unobstructed
maintenance access to the channel. Where the back slope drainage system
is of sufficient width, it may serve as a means of maintenance access;
however, where a back slope drainage system is not required or is
of insufficient width, a minimum of ten (10) feet shall be dedicated
continuously along both sides of the channel for use as maintenance
access.
(B)
Any storm sewer line, inlet, manhole, junction box, outfall, or other
drainage appurtenance intended to serve more than one (1) lot or tract
of land shall be contained within a properly dedicated drainage easement.
The minimum width for such a drainage easement shall vary with the
inside pipe diameter as follows:
|
Pipe or Box Width (D)
(inches)
|
Easement Width
(feet)
|
|---|---|
|
15-48
|
15
|
|
49-72
|
20
|
|
Greater than 72
|
10 + 2 XD
|
(3)
Where overhead electric power is to be provided, overhang easements
of at least eight (8) feet on each side of the fifteen-foot easement
strip or alley, at a height of eighteen (18) feet, shall be provided
in all utility easements. Where utility easements are not straight
within each block, or if they do not connect on a straight course
with the utility easement of adjoining blocks, then an additional
easement shall be provided for the placing of guy wires on lot division
lines in order to support poles set on curving or deviating rights-of-way
or alleys.
(4)
Wherever possible, utility easements shall be used exclusively by
the franchised utilities, and the water and sewer lines shall be located
in the street rights-of-way.
(5)
Pedestrian easements not less than ten (10) feet wide, with not less
than a forty-eight-inch wide sidewalk, shall be dedicated where deemed
necessary by the city council to provide access to schools, playgrounds,
shopping centers, other neighborhood facilities, and to promote general
pedestrian circulation where blocks exceed eight hundred (800) feet
in length.
(e)
Water system.
(1)
The design, construction, and installation of the water distribution
system shall be in accordance with current American Water Works Association
(AWWA) Standards, the most current “Rules and Regulations for
Public Water Systems” by the utilities division of TCEQ, and
any other minimum standards specified elsewhere herein.
(2)
Water mains shall assure two-way flow at all points in the system,
with the exception of short dead-end runs that may be approved by
the city council. All such approved dead-end lines shall have a city-approved
fire hydrant installed as per city specifications.
(3)
The minimum pipe size for all water mains shall be six (6) inches
diameter.
(4)
All valve boxes located in areas other than the street pavement will
be set in a six-inch-thick concrete pad, thirty-six (36) inches in
diameter, reinforced with synthetic fibers, and set flush with the
top of the valve box cover.
(5)
Every residential lot shall be within five hundred (500) linear feet
and each commercial lot shall be within three hundred (300) linear
feet of a fire hydrant as measured along the streets. All fire hydrants
shall be approved by the American Water Works Association (AWWA) and
acceptable to the city superintendent and fire chief and/or city’s
contracted engineer.
(6)
The water system installation shall be tested to withstand one hundred
fifty (150) psi of water pressure for twenty-four (24) hours to the
satisfaction of the city superintendent. This test shall commence
and end in the presence of a designated city representative.
(7)
Prior to acceptance of the water system by the city, the contractor
must chlorinate the lines, sample the water, and have the samples
tested for coliform organisms by the department of state health services.
The chlorination and sampling procedures shall be performed in the
presence of a designated city representative.
(f)
Sanitary sewer system.
(1)
The design, construction, and installation of the sanitary sewer
system shall be in accordance with the rules of the TCEQ, and the
Texas Administrative Code chapter 317 entitled “Design Criteria
for Sewerage Systems” and any other minimum standards specified
elsewhere herein.
(2)
Manholes shall be spaced no more than five hundred (500) feet apart.
(3)
All manholes located in areas other than the street pavement will
be set in a six-inch-thick concrete pad, five (5) feet in diameter,
reinforced with synthetic fibers, and set flush with the top of the
manhole cover.
(g)
Storm sewer system.
(1)
The design and construction of the storm sewer system and drainage
structures shall be in strict accordance with the requirements of
the city and the applicable sections of the latest edition of the “Standard
Specifications for Construction of Highways, Streets, and Bridges”
by the state department of transportation and any other minimum standards
specified elsewhere herein.
(2)
All concrete in drainage structures shall develop a compressive strength
of not less than three thousand (3,000) psi in twenty-eight (28) days.
(3)
All manholes located in areas other than the street pavement will
be set in a six-inch-thick concrete pad, five (5) feet in diameter,
reinforced with synthetic fibers, and set flush with the top of the
manhole cover. Manhole covers shall bear the words “STORM SEWER.”
(h)
Franchised utilities.
The design, construction, and installation of all franchised utilities shall be closely coordinated with each and all applicable utility companies. Section 10.02.008(3) of this article requires that, before acceptance of the construction drawings by the city council, each applicable utility must sign a certification that they have reviewed the construction plans.
(i)
Site grading.
Site grading shall be in accordance with
current bulletins, recommendations, and design standards by the Federal
Housing Administration on lot improvement and land planning or with
specifications of the city superintendent or city’s contract
engineer.
(1990 Code, sec. 21-12)
(a)
General.
No person shall construct a subdivision or
multifamily dwelling, townhouse, patio home or other commercial development
project without approval of such construction project by the city
council. The city secretary shall, however, have the authority to
approve the construction of multifamily dwellings of four (4) units
or less, provided such construction is proposed on platted property
approved by the city council and filed in the county clerk’s
office.
(b)
Minimum design standards.
All group housing and commercial development shall conform to the design and construction standards set forth in section 10.02.012 or as otherwise stated below.
(1)
Multifamily dwellings.
(A)
Density.
Ratio of dwelling units per gross acre
shall not exceed the greater of the following:
|
Units per Gross Acre
|
Bedrooms per Gross Acre
|
Multifamily Units
|
|---|---|---|
|
21
|
35
|
2-50
|
|
25
|
42
|
51-80
|
|
27
|
45
|
81 or more
|
|
Note: Hotels/motels three (3) stories or less in height shall
not exceed sixty (60) units per acre.
|
(B)
Floor space per acre.
Maximum square feet of livable
floor space per acre shall not exceed fifty (50) percent of the lot
size.
(C)
Minimum space between buildings.
All multifamily
dwellings shall maintain the following distance between outside finished
walls. If wood shingles are used in roof construction, the distances
between buildings shall conform to the currently adopted building
code.
(D)
Sidewalks.
Sidewalks must be constructed the entire
length of all public streets which abut the proposed multifamily development.
(E)
Interior streets.
Interior streets shall be a
minimum twenty-eight (28) feet in width.
(F)
Driveway entrance/exits.
The entrance/exit driveways
to all multifamily developments shall have a centerline offset, when
present, of a minimum one hundred twenty-five (125) feet with any
public street or other similar group housing or commercial development
driveway[;] variances may be approved in cases with exceptional conditions.
(G)
Subdivision plat.
Lots intended for multifamily
use shall be so designated on the subdivision plat.
(2)
[Townhouses.]
(A)
Area requirements.
(i)
There shall be at least four (4) connected units in each project.
(ii)
There shall be no more than eighteen (18) dwelling units per
acre.
(iii)
The townhouse project lot size shall average at least two thousand
five hundred (2,500) square feet per unit, including common area,
if any. Individual lot sizes shall be governed by subsection (v) below.
(iv)
Not less than eighty (80) percent of the townhouse lots in a
project shall be a minimum twenty feet wide, provided that the remaining
lots in a project shall be at least sixteen (16) feet in width.
(v)
Each lot twenty (20) feet or more in width shall contain not
less than one thousand six hundred (1,600) square feet and each lot
less than twenty (20) feet shall contain not less than one thousand
two hundred eighty (1,280) square feet.
(vi)
Each townhouse shall be located on an individual lot.
(B)
Coverage requirements.
(i)
Coverage of a project shall not exceed fifty-five (55) percent
of the total site area; those structures constituting “coverage”
include all buildings, structures and required parking spaces. The
remaining forty-five (45) percent can include driveways, sidewalks,
patios, and grass/landscaped areas.
(ii)
Coverage of the common area(s), if any, shall not exceed forty
(40) percent of such common area.
(C)
Yard requirements.
(i)
Each lot shall contain a private yard with not less than three
hundred (300) square feet of area. Not more than one-half (1/2) of
the private yard may be occupied by a driveway, but parking areas
shall not be included in the computation of the required private yard
area.
(ii)
A private yard may have a patio cover or roof which does not
cover more than twenty-five (25) percent of the private yard.
(iii)
A wall or solid fence not less than five (5) feet in height
shall be required on side lot lines where the required private yard
adjoins such lot lines, and on rear lot lines where the townhouse
lots are backing a public street.
(iv)
At least seven and five-tenths (7.5) feet of side yard shall
be provided at the side property line of any townhouse project.
(v)
No side yard shall be required between connected townhouses
or units.
(D)
Minimum space between townhouse groups.
Within
a townhouse project, there shall be at least fifteen (15) feet of
separation between each townhouse group.
(E)
Setback requirements.
The city council may approve a lesser front setback than what is specified in section 10.02.011 [10.02.012] when rear access is provided and when reduced setbacks will not, in the opinion of the city council, detrimentally affect existing or proposed development adjacent to and across the street and within two hundred (200) feet on each side of the area proposed for reduction of setback within the project. A pictorial representation or drawing of the proposed project, including location of buildings, off-street parking, rear access and any other proposed improvements, shall be provided to the city council before the council may act upon a request for a reduced building setback line.
(F)
Length requirement.
No townhouse group shall exceed
two hundred (200) feet in length.
(G)
Utility meters.
There shall be separate utility
meters for each townhouse building.
(H)
Parking and driveway requirements.
(i)
A minimum of two (2) off-street parking spaces shall be provided
for each unit within two hundred (200) feet of the unit.
(ii)
No driveway located in the front yard of a townhouse lot shall
exceed a twenty-foot width.
(iii)
Individual driveways may not open onto a collector street or
larger. When townhouse units are located on a collector street, the
driveway entrances/exits will be limited to providing access to a
common interior driveway located at the rear of the property, and
shall have a centerline offset, when present, of a minimum one hundred
twenty-five (125) feet with any public street or other similar group
housing or commercial development driveway, unless a variance is issued
in an exceptional case.
(I)
Sidewalks may be constructed the entire length of all public streets
which abut the proposed townhouse development.
(J)
Subdivision plat.
All townhouse subdivision plats
must contain the following statement: “This (development, section,
lot, etc.) shall be restricted to townhouses only.”
(3)
Patio homes.
(A)
Area requirements.
The area requirements for patio
homes shall be the same as for townhouses.
(B)
Coverage requirements.
The coverage requirements
for patio homes shall be the same as for townhouses.
(C)
Yard requirements.
(i)
Each lot shall contain a private yard with not less than three
hundred (300) square feet of area. Not more than one-half (1/2) of
the private yard may be occupied by a driveway, but parking areas
shall not be included in the computation of the required private yard
area.
(ii)
A private yard may have a patio cover or roof which does not
cover more than twenty-five (25) percent of the private yard.
(iii)
A wall or solid fence not less than five (5) feet in height
shall be required on side lot lines where the required private yard
adjoins such lot lines, and on rear lot lines where the patio home
lots are backing a public street.
(D)
Setback requirements.
(i)
The city council may approve a lesser front setback than what is specified in section 10.02.011 [10.02.012] when rear access is provided and when reduced setbacks will not, in the opinion of the city council, detrimentally affect existing or proposed development adjacent to and across the street and within two hundred (200) feet on each side of the area proposed for reduction of setback within the project. A pictorial representation or drawing of the proposed project, including location of buildings, off-street parking, rear access and any other proposed improvements, shall be provided to the city council before the council may act upon a request for a reduced building setback line.
(ii)
All zero side lot lines shall be designated on the subdivision
plat, and each lot shall have only one (1) zero lot line. No windows,
doors, or other dwelling openings shall be allowed on the zero lot
line.
(iii)
A minimum of six (6) feet shall be maintained between each patio
home, and the six-foot building line shall be indicated on the patio
home subdivision plat.
(E)
Utility meters.
There shall be separate utility
meters for each patio home.
(F)
Parking and driveway requirements.
These requirements
shall be the same as for townhouses.
(G)
Subdivision plat.
All patio home subdivision plats
must contain the following statement: “This (development, section,
lot, etc.) shall be restricted to patio homes only.”
(4)
Manufactured homes.
(A)
Minimum size of project.
Each manufactured home
subdivision shall not be less than three (3) acres in size, with a
minimum frontage of one hundred (100) feet located on a public street
or highway.
(D)
The minimum front yard setback [for manufactured homes shall be]
twenty (20) feet.
(E)
The minimum interior side yard setback [for manufactured homes shall
be] five (5) feet.
(F)
The minimum exterior side yard setback [for manufactured homes shall
be] fifteen (15) feet, except that garages opening into the exterior
side yard shall be set back at least twenty (20) feet.
(G)
The minimum rear yard setback [for manufactured homes shall be] ten
(10) feet, except where abutting an arterial street or expressway,
in which event the minimum setback for the principal structure shall
be thirty (30) feet.
(H)
Subdivision plat.
Lots intended for manufactured
homes shall be so designated on the subdivision plat.
(I)
Utility meters.
There shall be separate utility
meters for each manufactured home.
(J)
Skirting required.
All manufactured homes installed
within the city limits after March 21, 1996, shall have skirting constructed
of solid prefabricated metal, artificial wood, or wood siding which
conceals and encloses the undercarriage of the manufactured home.
Properly framed treated wooden lattice is permitted as skirting only
under the condition that the back side of the treated lattice has
wire mesh with one-inch or smaller openings attached to prevent entry
to the undercarriage by animals or children.
(K)
Mobile homes prohibited.
Mobile homes, as defined
by the state Manufactured Housing Standards Act, as amended, shall
not be installed within the city limits or extraterritorial jurisdiction,
if city water and/or sewer service is to be provided, after March
21, 1996. Mobile homes [that] are already installed within the city
limits on March 21, 1996, shall not be moved and installed in a new
location within the city after such date. The owner of a manufactured
home seeking to have it installed within the city limits or extraterritorial
jurisdiction, and connected to city water and/or sewer service, shall
submit adequate proof to the city that it is a HUD-code manufactured
home and not a mobile home.
(5)
Commercial development.
(A)
Sidewalks.
Sidewalks shall be constructed the
entire length of all public streets which abut the proposed commercial
development.
(B)
Driveway entrance/exits.
The entrance/exit driveways
to all commercial developments shall have a centerline offset, when
present, of a minimum one hundred twenty-five (125) feet with any
public street or other similar group housing or commercial development
driveway. Variances may be approved in cases with exceptional conditions.
(C)
Subdivision plat.
Lots intended for commercial
use shall be so designated on the subdivision plat.
(D)
Setback requirements.
There are no building setbacks
stipulated for commercial development, but a building cannot be located
in a designated utility easement and must be constructed in accordance
with the latest edition of the Standard Building Code adopted by the
city.
(1990 Code, sec. 21-13; Ordinance
adopting Code)
(a)
The fees and charges in the amount established by city council shall
be paid in advance by the applicant at the time any preliminary plat,
replat or final plat is submitted.
(b)
When a preliminary and final plat is considered at the same time,
the fee shall be the total of the preliminary and final plat fees
shown above.
(1990 Code, sec. 21-15; Ordinance
adopting Code)
