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)
