A.
All future subdivisions of land within
the City limits and ETJ shall be laid out subject to the approval
of the City as outlined within this UDC, and no other subdivision
will be recognized by the City.
B.
These regulations are intended to
promote the health, safety, morals, or general welfare of the municipality
and the safe, orderly, and healthful development of the municipality
(see TLGC Sec. 212.002).
(Ordinance
2017-13 adopted 10/2/2017)
A.
General Policy. It is hereby declared
to be the policy of the City to consider the subdivision and development
of land, as subject to the control of the City, in order to carry
out the purpose of the Comprehensive Plan, and to promote the orderly,
planned, efficient, and economical development of the City and its
ETJ.
B.
Subdivision and Development of Land
Policies.
1.
Land shall not be subdivided or developed
until proper provision has been made for drainage, water, wastewater,
transportation and other facilities required by these regulations.
2.
All public and private facilities
and improvements shall be of at least a minimum capacity necessary
to adequately serve the development and shall conform to and be properly
related to the Comprehensive Plan and the Engineering Criteria Manual.
3.
These regulations shall supplement,
and facilitate the enforcement of, provisions and standards contained
in the Zoning Regulations and building codes adopted by the City.
C.
Requirement to Plat. Platting is
required for the following purposes:
D.
Exemptions to the Requirement to
Plat. The following are exemptions to the platting requirements in
C above:
(Ordinance
2017-13 adopted 10/2/2017)
A.
Provisions.
1.
Plat Filing Requirement.
a.
A Subdivision Plat shall not be filed
of record until it has been approved by the City and all Public Improvements
have been accepted by the City, and any such actual recording shall
be void unless such approval shall be endorsed on the face of the
Plat as hereinafter provided.
b.
The paragraph a above shall not apply
to a Minor Plat or an Amending Plat.
2.
Final Plat Required for Building
Permits. No building 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
which the standards contained herein or referred to herein have not
been complied with in full.
3.
Compliance with Standards Required.
a.
The City shall not authorize any
other person nor shall the City itself repair, maintain, install or
provide any streets or public utility services in any Subdivision
for which the standards contained herein or referred to herein have
not been complied with in full.
b.
See 3.05.02. Adequate Public Facilities.
4.
Dedications.
a.
Refusal or denial of a Plat by the
City Council shall be deemed a refusal by the City to accept the offered
dedications shown thereon.
b.
Approval of a Plat shall not impose
any duty upon the City concerning the maintenance or improvement of
any such dedicated parts until the proper authorities of the City
have actually appropriated the same by final acceptance.
c.
Any such dedication, before or after
actual appropriation may be vacated by the Council in any manner provided
by law.
5.
Services Prohibited. The City shall
not authorize any other person nor shall the City itself sell or supply
any utility service such as water, gas, electricity, telephone, cable,
communication or wastewater service within a Subdivision for which
a Final Plat has not been approved or filed for record, nor in which
the standards contained herein or referred to herein have not been
complied with in full.
6.
Action in a Court. On behalf of the
City, the City Attorney shall, when directed by the City Council,
institute appropriate action in a court of competent jurisdiction
to enforce the provisions of this UDC or the standards referred to
herein with respect to any violation thereof which occurs within any
area subject to all or a part of the provisions of this UDC.
(Ordinance
2017-13 adopted 10/2/2017)
A.
Subdivider’s Responsibility.
1.
The subdivider shall furnish, install
and construct the Public Improvements (water and wastewater systems
and the street and drainage facilities) necessary for the proper development
of the Subdivision.
2.
All such facilities shall be designed
and constructed in accordance with the City’s Engineering Criteria
Manual, and any other standards, specifications, and drawings as may
be hereafter adopted, approved by the City Council and placed on file
in the office of the City Secretary.
B.
Facilities Sizing.
1.
Where considered necessary by the
City Engineer, the facilities shall be sized in excess of that required
by this UDC or the Engineering Criteria Manual to provide for future
growth and expansion.
2.
The City Council shall have the authority
to participate in the cost difference between the cost of the facility
as sized by the City Engineer and the cost of the facility as sized
per the requirements of this UDC or the Engineering Criteria Manual.
3.
See 3.05.02. C. Rough Proportionality
and Fair Share Policy Statement for more details.
C.
Improvement Agreement.
1.
An Improvement Agreement is required
when the City participates in the cost of any Public Improvements.
2.
Improvement Agreements shall be based
upon the requirements of this UDC, and shall provide the City with
specific authority to complete the Public Improvements required in
the Improvement Agreement in the event of failure by the developer,
and to recover the full costs of such measures.
3.
The Improvement Agreement shall be
a legally binding agreement between the City and the Subdivider and
shall specify the individual and joint responsibilities of both the
City and the Subdivider.
D.
The Improvement Agreement shall contain:
1.
As appropriate, provisions for pro
rata payments, City participation in community facilities, escrow
deposits or other payments for future facilities, variances granted
to this chapter, and other particular aspects of the proposed Subdivision;
2.
Authority for the City to withhold
building permits, put a hold on construction and inspections in the
event of breach by the Subdivider;
3.
Provisions for financial security;
4.
Insurance requirements in accordance
with the City’s requirements for public works projects; and
5.
An indemnification clause by which
the Subdivider shall agree to hold the City harmless against any claim
arising out of the proposed Subdivision or any actions taken therein.
E.
The City Council may approve one
or more forms for Improvement Agreements, which the City Manager may
execute on behalf of the City. In the event of a disagreement between
the City staff and the Subdivider concerning stipulations of the Improvement
Agreement, the Subdivider may request City Council approval of alternative
provisions.
(Ordinance
2017-13 adopted 10/2/2017)
A.
Development Application. All submittals
shall conform to the appropriate Development Application.
B.
Application Fees. All Application
fees shall be paid according to the Fee Schedule.
C.
Zoning Regulations Requirements.
All requirements pertaining to lot size, yard size, dwelling size,
lot coverage, height, parking, loading and screening contained in
the current Zoning Regulations of the City shall be adhered to for
development under this UDC.
D.
Phased Development.
1.
All phased developments shall be
in accordance with the Comprehensive Plan.
2.
The City may establish size limits
and requirements for phased development.
3.
A concept development plan for the
entire site shall be prepared and shall accompany all submittals for
a Preliminary Plat and Final Plat.
4.
Phased Developments shall coordinate
with the surrounding land use plan and existing developments.
5.
Each phase shall submit a Preliminary
Plat and Final Plat.
E.
Park Dedication.
1.
Park dedication (including temporary
access if necessary) shall be dedicated to the City with each phase
at least in proportion to the size of the phase being platted.
2.
If the City has determined that money
shall be paid in lieu of land dedication, then the payments shall
be made with each phase in proportion to the size of the phase being
platted.
F.
Drainage. If provisions are necessary
for drainage facilities on the unplatted future phases of the development,
then the Plat shall include separate instruments for (easements) off-site
drainage needs and shall include appropriate notes and descriptions
providing the City the appropriate permissions and approvals needed
for access and for maintaining and improving the drainage system.
(Ordinance
2017-13 adopted 10/2/2017)
A.
Subdivision Regulations and Development
Standards in the ETJ. Subdivision Regulations and Development Standards
as they now exist or may hereafter be amended, are hereby extended
to all of the area lying within the extraterritorial jurisdiction
of the City and the rules and regulations within said Subdivision
Regulations and Development Standards governing Plats and Subdivision
of land shall be applicable to such area within said extraterritorial
jurisdiction from and after the date of final passage of this UDC.
B.
Subdividing. No person shall subdivide
or plat any tract of land within the extraterritorial jurisdiction
of the City except in conformity with the provisions of these Subdivision
Regulations and Development Standards.
C.
Utility Extensions in the ETJ.
1.
Purpose and Applicability. A petition
for approval to extend City water or wastewater utility facilities
under this Section applies only to land located within the City’s
extraterritorial jurisdiction.
2.
Procedure.
a.
A petition for approval to extend
City water or wastewater utility facilities shall be submitted to
the Director of Planning on a form furnished by the City. A petition
shall include or be accompanied by a written request for annexation
of the applicant’s property. If the applicant’s property
is not contiguous to the City limits, the petition must be accompanied
by a written request for annexation of an area at least 15 feet in
width from each property owner, or, for public right-of-way, the entity
having jurisdiction over the right-of-way, along the intended route
of the utility extension.
b.
A petition for approval to extend
City water or wastewater utility facilities will be reviewed by the
City staff, and the Director of Planning will make a written report
to the City Council on the petition.
c.
The City Council will evaluate the
petition on the basis of the staff report and the criteria listed
in 3 below. The City Council may either grant, grant subject to conditions,
or deny the petition.
3.
Policies Applicable to Petitions
for Utility Extensions in ETJ. The following policies shall be taken
into consideration in deciding a petition for a utility extension:
a.
Whether the proposed development
to be served by the extension is consistent with the Comprehensive
Plan;
b.
Whether the extension is proposed
to be constructed in accordance with the Engineering Criteria Manual,
the provisions of this UDC, and all other applicable City regulations
and standards;
c.
Whether it is feasible to annex the
property, and any intervening property which is needed for utility
rights-of-way, to the City in a timely manner;
d.
Whether the utility extension would
compromise the City’s ability to timely provide adequate water
or wastewater facilities to property inside the City;
e.
Whether the utility extension will
lead to premature development that cannot be served efficiently and
timely by roadway, drainage or park facilities;
f.
Whether the utility extension is
financially feasible given the proposed means of financing the extension;
g.
Whether the utility extension will
lead to significant degradation of water quality or other environmental
resources, either from construction of the water or wastewater improvements,
development of petitioner’s land, or development of other land
that may be served through the extended facilities; and
h.
Whether the petitioner proposes to
extend wastewater facilities without utilizing City water facilities.
(Ordinance
2017-13 adopted 10/2/2017)
