[1]
Editor’s note–This article consists of the subdivision ordinance, Ordinance 258-09 adopted July 21, 2009, as amended. Section and subsection 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. The words “City of Clarksville City” have been changed to “the city.” 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 enacted and amended. Any other material added for purposes of clarification is enclosed in brackets.
Definitions not expressly prescribed in this article are to be construed in accordance with customary usage in municipal planning and engineering practice. References to city officers or employees are to be construed as being officers or employees of the City of Clarksville City. As used in this article, the following definitions shall apply:
City.
The term “city” shall mean the City of Clarksville City, Texas.
City council.
The term “city council” shall mean the city council of the city.
Fire code.
The term “fire code” shall mean the official fire code adopted by the city council. For purposes of this article, the term includes only those portions of said fire code that regulate placement, size, materials, construction methods, signs/markings and water flow for any of the following:
(1) 
Public improvements;
(2) 
Streets (including without limitation bridges, cul-de-sacs, private streets and public streets);
(3) 
Fire hydrants; and
(4) 
Utilities.
Improvement.
The term “improvement” shall mean any human-made structure, human-made modification of real property, or public dedication of real or personal property. The term includes, without limitation, any drainage way or structure, street, public park, sidewalk, utility, pedestrian way, off-street parking area, lot improvement, man-made or publicly dedicated open space, public improvement, building, fence, swimming pool, or sports field or court.
Posting deadline.
The term “posting deadline” shall mean the deadline by which the agenda for the next regularly scheduled commission meeting must be posted in order to comply with the requirements of the Texas Open Meetings Act (Texas Government Code chapter 551).
Private street.
The term “private street” shall mean a street that is owned and maintained by any entity other than a governmental entity. Such streets shall be constructed to the minimum standards set forth in this article.
Public improvement.
The term “public improvement” means any improvement, real property or personal property for which the city or other governmental entity has assumed or will ultimately assume responsibility for maintenance and operation.
Public street.
The term “public street” shall mean a street that is owned and maintained by a governmental entity. Where the context so indicates, the term shall also include a street that is intended to be dedicated or conveyed to the public or to a governmental entity.
Regulated improvement.
The term “regulated improvement” shall mean any improvement or public improvement required by or regulated by this article. The term shall not include any residential or nonresidential building intended for human habitation or occupancy that is not a public improvement.
Street.
The term “street” means a way for motorized vehicular traffic whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place or however otherwise designated.
(1) 
Principal arterials
are principal traffic arteries more or less continuous across the city which are intended to connect remote parts of the city and which are used primarily for fast or heavy volume traffic and shall include but not be limited to each street designated as a major street.
(2) 
Minor arterial streets
are those which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development.
(3) 
Collectors
are those streets used primarily to provide access to residential streets and to conduct traffic to an activity center or a higher classification street.
(4) 
Local streets
are short streets, cul-de-sacs, or courts, whose primary purpose is to conduct traffic to and from dwelling units.
(5) 
Alleys
are minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
Subdivider.
The term “subdivider” shall include any person, partnership, firm, association, corporation and/or any officer, agent, employee, servant, and trustee thereof, who does, or participates in the doing of, any act toward the subdivision of land within the intent, scope and purview of this article. The singular shall include the plural, and the plural shall include the singular.
Subdivision.
A “subdivision” is the division of any lot, tract or parcel of land into two or more parts, lots, or sites, or combination of the same, for the purpose, whether immediate or future, of sale or division of ownership. For purposes of this definition, division of ownership includes, but is not limited to, the division of a single tract into two or more portions for the purpose of subjecting one or more of those portions to a leasehold interest that is not applicable to the tract as a whole. This definition also includes the resubdivision of land or lots which are a part of a previously recorded subdivision. This definition shall exclude divisions of land that result in parcels that each contain an area greater than five acres, provided that each resulting parcel has access and no public improvement is being dedicated. An addition is a subdivision as is defined herein.
(Ordinance 258-09, art. II, sec. 6.120, adopted 7/21/09)
Except as otherwise expressly provided in this article, the written consent of the owner of any tract of land to be subdivided in accordance with the terms of this article shall be required for any application relating to or for an infrastructure permit, plat, replat, or plat amendment.
(Ordinance 258-09, art. II, sec. 6.121, adopted 7/21/09)
Neither the acceptance or approval of a plat, replat, plat amendment, pre-submission proposal, plan, specification or any other document nor the grant of any permit or other authorization under the authority of this article shall constitute a representation, guarantee, or warranty of any kind by the city or by any official or employee of the city that the proposed use is either practicable or safe. No such approval or grant shall create any liability upon the city, its officials or employees.
(Ordinance 258-09, art. II, sec. 6.122, adopted 7/21/09)
The types and amounts of any and all fees imposed in connection with the administration of this article shall be as set by resolution of the city council. Such fees may include, without limitation, fees for application for a subdivision plat, replat or amendment; fees for application for an infrastructure permit; fees for the review of plans and specifications by city staff; and any other fee imposed by resolution of the city council.
(Ordinance 258-09, art. II, sec. 6.123, adopted 7/21/09)
Prior to providing the pre-submission proposal required by this section the subdivider shall confer with the manager to discuss the proposed subdivision and its conformity to the comprehensive plan and other related ordinances and its relationship to surrounding property and streets. After said conference and before submitting the proposed plat, the subdivider shall provide to the city manager copies of a pre-submission proposal showing the general features of the proposed development. The pre-submission proposal shall be provided to the city manager by the pre-submission review deadline. The number of copies of said proposal that must be submitted shall be as determined by the city manager. The pre-submission proposal shall be on such a scale as determined by the city manager, shall be drawn by a professional land surveyor, and shall contain the following information:
(1) 
Title block, including subdivision name, block(s), lot(s), acreage, name of city, county and state, and the location and description of the property referenced to the original legal description. The subdivision name shall not duplicate any existing subdivision name. If the property is part of an existing subdivision, the existing subdivision name shall be used. If no subdivision name has been chosen, the name of the property as it is commonly or locally known shall be indicated.
(2) 
Name, address and signature of the legal owner(s) of the property included in the proposed subdivision. If the applicant is not the legal owner, a statement of the agent’s authority and interest shall be submitted with the application.
(3) 
A location map at a scale of not more than 800 feet to the inch, showing existing streets, subdivisions, and general land uses in the area surrounding the site.
(4) 
The scale, north arrow, and date.
(5) 
The outline of the tract to be subdivided, with principal dimensions.
(6) 
The location, dimensions, right-of-way width, paving width, and name of all existing or proposed streets, alleys, railroads, and other public ways within or immediately adjacent to the tract.
(7) 
The proposed plan of the subdivision, showing streets, blocks, lots, alleys, easements, building lines, parks, etc., with principal dimensions. The pre-submission proposal shall cover all of the tract intended to be developed, at any time, even though it is intended by the subdividers or subdivider to file plats and install improvements for parts of said tract by phases, sections or units. If it is the intent to develop the area by phases, sections or units, the first unit to be developed shall be definitely identified. The approval of each phase, section or unit shown within the application shall not be construed as an approval for the remainder of the future phases, sections or units (or future development) depicted. The inclusion of such information in any document provided to or submitted to the city does not constitute an application for a permit or for approval of any nature with regard to such future phases, sections or units and does not create any vested right under any law of this state, of the United States or of any local government, including without limitation the city.
(8) 
The location and dimensions of any existing structures, fences, paved areas, cemeteries or burial grounds, and other existing features within the proposed subdivision.
(9) 
Typical cross-section of proposed street improvements.
(10) 
The location of any watercourses, water bodies, flood hazard areas, slopes, or other natural features within the area to be subdivided.
(11) 
Topographic information, using a contour interval of at least two feet, in the area to be subdivided unless a greater contour interval adequately describes the area to be subdivided.
(12) 
The outline of the tract to be subdivided, with principal dimensions; and the existing and proposed blocks, lots, setback lines, and easements, including the square footage of the lots. In lieu of providing the square footage of each lot, a statement may be placed on the pre-submission proposal, which certifies that all lots meet the appropriate lot size requirements.
(13) 
The locations, sizes and other appropriate descriptions of the existing and proposed utility facilities.
(14) 
The location of all existing or abandoned oil or gas wells, oil or gas pipelines and other appurtenances associated with the extraction, production and distribution of petroleum products, and all related easements on the site or on immediately adjacent property.
(15) 
The names of the proposed streets shall conform to the names of the existing streets and shall not duplicate or conflict with the designated name of any other street within the area subject to these regulations.
(Ordinance 258-09, art. II, sec. 6.124, adopted 7/21/09)
The pre-submission proposal required by this article is not a plat. The submission of a pre-submission proposal does not constitute and shall not be construed as the submission of or filing of a plat within the meaning of this article or within the meaning of the laws of the state or of the United States, including without limitation chapter 212 of the Texas Local Government Code.
(Ordinance 258-09, art. II, sec. 6.125, adopted 7/21/09)
Each and every plat submitted to the city shall be a plat of the subdivision or section to be immediately developed. The number of copies of the plat that must be submitted shall be as determined by the city manager; however, the number of copies of any required submission under this article shall be eight (8) or fewer. At least one copy of the plat shall be drawn to a scale of one inch equals one hundred feet or larger with all figures and letters legible and the whole proper for filing for record in the office of the county clerk. Other copies shall be drawn to the scale required by the city manager. The plat shall not show construction features such as curb lines or public utility lines or other structures not involved in the title covenant unless specifically authorized by the city manager. The plat shall contain the following information:
(1) 
The title or name by which the subdivision is to be identified, north point, the scale of the map and the name of the professional land surveyor responsible.
(2) 
A definite legal description and identification of the tract being subdivided. This description shall be sufficient for the requirements of title examination. The plat shall be a descriptive diagram shown to scale.
(3) 
The boundaries of the subdivided property, [and] the location or designation of all streets, alleys, parks, easements and other areas intended to be dedicated or deeded to the public use, with proper dimensions. The boundaries of the subdivision shall be indicated by a heavy line and shall be tied by dimension to the established centerline of any existing boundary streets.
(4) 
The location of all adjacent streets and alleys, with their names, and the names of adjoining subdivisions with exact location and designated by number of lots and blocks.
(5) 
All headright survey boundary lines, city limit boundary lines, county boundary lines, school district boundary lines, and boundary lines of other developed subdivisions, including but not limited to water districts and any other public entities, adjacent to or within the subdivision.
(6) 
All lot, block and street boundary lines, with block numbers as designated by the city manager and lots numbered consecutively. Building lines and easements shall be shown and shall be defined by dimension. The actual width of the right-of-way of proposed streets shall be shown, measured at right angles or radially, where curved. All principal lines shall have the bearing given and any deviations from the norm shall be indicated. There shall be sufficient annotation shown on the plat that every street, lot, easement, boundary line or any other matter of a surveying nature shown thereon is capable of being laid out on the ground, based solely upon the data shown on the plat.
(7) 
Accurate dimensions, both linear and angular, of all items on the plat; the boundary survey of the site must conform to the current procedures and practices established by the state board of professional land surveying, as authorized by the Professional Land Surveying Practices Act, as amended. Linear dimensions may be expressed in feet and decimals of a foot; angular dimensions may be shown by bearings. Curved boundaries shall be fully described and all essential information given; circular curves shall be defined by actual length of radius and not by degree of curvature. Complete reference monuments with a descriptive legend are required.
(8) 
The location of all lot and block corners and permanent survey reference monuments with a descriptive legend.
(9) 
A certificate that the plat is true and correct and in accordance with the determination of surveys actually made on the ground, placed on the face of the plat. The certificate shall also state that the plat was made in accordance with the current procedures and practices established by the state board of professional land surveying, as authorized by the Professional Land Surveying Practices Act. The certificate shall be sworn before a notary public by the professional land surveyor who surveyed, mapped, and monumented the land to be subdivided. The certificate shall show whether or not the tract is within the city’s extraterritorial jurisdiction. The city attorney shall prepare forms for the certificates to be affixed to the plat.
(Ordinance 258-09, art. II, sec. 6.126, adopted 7/21/09)
(a) 
The subdivider requesting an amending plat shall prepare a plat, and submit said plat to the city manager for approval as required by this article. An amending plat may be approved for the purposes listed in Texas Loc. Gov’t. Code Ann. section 212.016.
(b) 
The city manager may approve an amending plat that complies with this section and that does not require a variance, but may not disapprove an amending plat. If an amending plat is not approved by the city manager before the posting deadline or if the amending plat requires a variance, the amending plat (and variance request, if any) shall be scheduled for consideration at the next available city council meeting. Additionally, the city manager or the subdivider may, for any reason, elect to present the amending plat to the city council for approval/disapproval/ conditional approval; provided, however, that the amending plat must be placed on the city council’s agenda before the posting deadline. Action will be taken on the amending plat in the same manner as for a plat, as set forth in this article.
(c) 
Notice, a public hearing, and the approval of other lot owners (other than any lot owners that are required to join in the application under this section) are not required for the approval and issuance of an amending plat in accordance with this section.
(d) 
Upon the approval of an amending plat in accordance with this section by the city council or by the city manager, the amended plat may be filed with the county clerk.
(Ordinance 258-09, art. II, sec. 6.127, adopted 7/21/09)
(a) 
Except as otherwise expressly provided by this article, any replat that does not meet the requirements of this section shall be treated as a new plat and shall meet all applicable requirements therefor.
(b) 
Except to the extent provided otherwise by this section, a replat may only be approved after the preceding plat has been vacated.
(c) 
A replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding plat (without vacation of the preceding plat) as provided in sections 212.014 and 212.015, or 212.0145 of the Texas Local Government Code, as amended.
(Ordinance 258-09, art. II, sec. 6.128, adopted 7/21/09)
The owners of a 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. 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. On the execution and recording of the vacating instrument, the vacated plat has no effect.
(Ordinance 258-09, art. II, sec. 6.129, adopted 7/21/09)
(a) 
Before beginning any construction of the regulated improvements, the subdivider shall submit to the city engineer the number of complete sets of plans and specifications of such construction as the city engineer shall require. These shall show such features as streets, cross-sections and longitudinal slope for drainage, full description of proposed pavement or street improvement, its grade and slopes, dimensions and specifications concerning public utilities to be installed showing proposed position on the ground[,] specifications of materials and construction, and plan-profile maps of all water lines, sanitary sewers and storm sewers showing both ground surface and flow line, and any other pertinent information required by the city engineer. These plans and specifications must be prepared by a professional engineer and shall be prepared in accordance with generally accepted engineering standards and practices.
(b) 
The city engineer shall accept the plans and specifications submitted by the subdivider under this section if they conform to the requirements of this article and have been prepared in accordance with generally accepted engineering practices. If the plans and specifications do not conform to the requirements of this article, the city engineer shall reject same, giving the reasons for rejection in writing to the subdivider. When the subdivider has met the objections of the city engineer, if any, the city engineer shall accept the plans and specifications as meeting minimum standards and forthwith deliver same to the subdivider, the subdivider’s agent or the subdivider’s engineer.
(c) 
Construction of any of the regulated improvements shall be prohibited unless the plans and specifications for said construction have been accepted in accordance with the requirements of this section. Construction of any of the regulated improvements shall be prohibited unless said construction complies with the plans and specifications accepted by the city engineer.
(Ordinance 258-09, art. II, sec. 6.130, adopted 7/21/09)
(a) 
The city manager may inspect any of the regulated improvements at any time during the construction or after the completion of the regulated improvement in order to determine whether or not the regulated improvement is constructed in accordance with the requirements of this article. After the completion of all regulated improvements within a subdivision, if said regulated improvements are constructed in accordance with the requirements of this article and with the plans and specifications previously accepted by the city engineer:
(1) 
The city manager shall issue a letter to the subdivider or the subdivider’s representative stating that said regulated improvements are in compliance with the accepted plans and specifications; and
(2) 
The city manager may require a signed compliance letter from the subdivider’s contractor, engineer, or both.
(b) 
The subdivider and subdivider’s contractor shall be responsible for and warranty all regulated improvements until the expiration of one year from the date of the letter issued by the city manager under this section. For subdivisions within the corporate limits of the city, regulated improvements shall be considered accepted by the city upon the expiration of one year from the date of the letter issued by the city manager under this section.
(Ordinance 258-09, art. II, sec. 6.131, adopted 7/21/09)
(a) 
If a pre-submission proposal or plat does not comply with the requirements of this article, the subdivider shall submit a letter requesting a variance. A variance request letter relating to a pre-submission proposal shall be submitted during the submission period. A variance request letter relating to a plat shall be submitted during the submission period. A letter requesting a variance must detail each specific requirement with which the pre-submission proposal or plat does not comply and detail the rationale for a variance from the requirement. A variance shall not be granted from any requirement for which a variance request letter has not been submitted or for which a variance request letter has not been submitted in accordance with the applicable deadline or submission period. Along with a noncompliant plat or pre-submission proposal, the applicant may also submit a plat or pre-submission proposal that complies with the requirements of this article in the event that the variance request is disapproved.
(b) 
Where the city council finds that extraordinary hardships may result from requiring strict compliance with this article, the city council may vary the requirements of this article so that substantial justice may be done and the public interest secured; provided that such variation shall not have the effect of nullifying the intent and purpose of these regulations. Such variances as may be granted shall require approval by simple majority of the city council present, and the city council may place such conditions on such variances as the city council shall deem appropriate.
(Ordinance 258-09, art. II, sec. 6.132, adopted 7/21/09)
(a) 
For the purposes of this article and other law, including without limitation chapter 212 of the Texas Local Government Code, a plat, replat, amended plat, pre-submission proposal, infrastructure permit application or other document required under this article is not considered to be submitted to or filed with the city until it is received by the city manager in the form required by this article, and in accordance with the procedures for submission set forth in this article, along with written notice that the document is in the final form intended by the subdividers to be officially filed with or submitted to the city.
(b) 
For purposes of this article and of any other law, the term “plat” does not include the pre-submission proposal required by this article; the term “replat” does not include the pre-submission proposal required by this article; and the term “plat amendment” or “amended plat” does not include the pre-submission proposal required by this article. The submission or provision of a pre-submission proposal required by this article [sic]. The submission or provision of a pre-submission proposal does not constitute the submission of or filing of a plat, replat, or amended plat.
(Ordinance 258-09, art. II, sec. 6.133, adopted 7/21/09)
(a) 
At any time before the approval of a plat by the city council, the person or persons applying for approval of the plat may withdraw the plat and/or any associated permits and applications by filing with the city manager a written statement requesting to withdraw the plat.
(b) 
If a plat or the permits and applications associated with a plat are withdrawn in accordance with this section, the plat and all associated permits and applications shall be considered null and void immediately upon the effective date of withdrawal.
(Ordinance 258-09, art. II, sec. 6.134, adopted 7/21/09)
(a) 
Except as expressly authorized by this section, the city shall not issue any permit, certificate or license for the construction or building of any structure or portion of a structure within a subdivision unless all of the following are true:
(1) 
Any plat required by law for the subdivision has been approved; and
(2) 
All regulated improvements within the subdivision have been completed in accordance with the requirements of this article and the city manager has confirmed said completion in writing.
(b) 
Except as expressly authorized by this section, the city shall not issue any approval, permit, certificate or license authorizing the occupancy of any structure or portion of a structure within a subdivision unless all of the following are true:
(1) 
Any plat required by law for the subdivision has been approved; and
(2) 
All regulated improvements within the subdivision have been completed in accordance with the requirements of this article and the city engineer has confirmed such completion in writing.
(Ordinance 258-09, art. II, sec. 6.135, adopted 7/21/09)
After completion of all regulated improvements within the subdivision in accordance with the provisions of this article, a subdivider shall prepare and submit to the city council a plat that complies with the requirements of section 10.02.007 and the other applicable provisions of this article. The subdivider shall submit to the city council the plat and an accompanying application in a form approved by the city manager. The number of copies of the plat that must be submitted shall be as determined by the city manager. If the application, plat or any of the required materials are not submitted during the submission period, the plat may be disapproved by the city council. No lots within a subdivision may be sold until a plat is approved by the city council.
(Ordinance 258-09, art. II, sec. 6.136, adopted 7/21/09)
(a) 
The city council shall take one of the following actions within 30 days from the date on which the plat was officially submitted to the city in accordance with section 10.02.017 of this article:
(1) 
Approval of the plat;
(2) 
Disapproval of the plat; or
(3) 
Conditional approval of the plat.
(b) 
Conditional approval of a plat shall be disapproval of the plat until compliance with the prescribed conditions, but shall be deemed to be approval of such plat upon compliance with such conditions. All objections made to the plat, and any conditions imposed on the plat, shall be furnished by the city manager to the subdividers in writing. If a plat is neither disapproved nor conditionally approved by the city council within 30 days from the date on which the plat application was officially submitted to the city in accordance with this article, it shall be deemed to have been approved by the city council. Disapproval of a plat by the city council shall be final. The city council shall disapprove the plat if the subdivider has failed to comply with any of the requirements of this article and no variance is granted for the noncompliance.
(Ordinance 258-09, art. II, sec. 6.137, adopted 7/21/09)
Before any plan, plat, amended plat or replat of a subdivision or addition of land inside the city or within the city’s extraterritorial jurisdiction shall be recorded with the county clerk, it shall first be approved by the city council in conformity with the provisions of this article. No transfer of land in the nature of a subdivision as defined herein shall be exempt from the provisions of this article even though the instrument or document of transfer may describe land so subdivided by metes and bounds. The filing of any plan, plat, amended plat or replat without complying with the requirements of this article shall be deemed a violation of the provisions of this article and is hereby prohibited. The transfer of any land by the delivery of or by the filing of any instrument in the nature of a conveyance without having first complied with the requirements of this article shall be deemed a violation of the provisions of this article and is hereby prohibited.
(Ordinance 258-09, art. II, sec. 6.138, adopted 7/21/09)
(a) 
Improvements required.
The subdivider shall construct each and every improvement required by this article, including without limitation, each and every improvement required by the subdivision design standards.
(b) 
Conformity with regulations required.
The regulated improvements required by this article shall be installed within all of the area of any subdivision for which the city council has accepted the plans and specifications. All regulated improvements shall be designed and constructed in conformity with the provisions of this article. None of the regulated improvements and no construction of any nature on the subdivided tract shall commence until the city council has accepted the plans and specifications for the subdivision.
(c) 
Required information and markers.
(1) 
It shall be the responsibility of the subdivider to provide construction staking, cut sheets, shop drawings and construction change orders, as-built plans, construction costs (unit price breakdown) for all public improvements, and other information required to complete the construction.
(2) 
It shall be the responsibility of the subdivider to emplace permanent survey reference monuments and lot and block corner markers. Such corners and monuments shall be of 3/4-inch iron pipe or 5/8-inch rod and shall meet the following standards:
(A) 
Lot corners shall be located with a half-inch iron rod 24 inches long with the top flush with the ground.
(B) 
Block corners shall be located with a 5/8-inch iron rod 36 inches long top set flush with the ground and shall include the beginning and end of all curves within each block.
(C) 
Reference points shall be 24-30 inches long placed one foot below the surface of the finished ground elevation at suitable locations throughout the subdivision. There shall be at least as many reference points as there are blocks in the subdivision but not less than two, and the distance between the successive monuments along any street or reference line shall not be greater than 1,000 feet. Reference points shall be other than and in addition to markers for block or lot corners.
(Ordinance 258-09, art. II, sec. 6.139, adopted 7/21/09)
The following minimum standards for regulated improvements shall apply and shall be agreed to and complied with in each subdivision:
(1) 
Pavement.
All streets shall be paved in accordance with the plans and specifications accepted by the city council. Width of paving for the various types of streets shall be determined by the city engineer according to this [the] determination of the street classification appropriate to each street, and shall not be less than 25 feet for a local street; provided, however, the city engineer may recommend a greater width depending upon design criteria for the street’s classification.
(2) 
Curb and gutters, water lines, sanitary sewer and drainage structures.
Combined curb and gutters on each side of all public streets in the subdivision, water lines providing access to water to each lot in the subdivision, sanitary sewer system lines providing access to sanitary sewer to each lot in the subdivision, and drainage pipes, channels, inlets, junction boxes and other appurtenances necessary to convey and transport surface drainage, shall be constructed or installed in accordance with the plans and specifications accepted by the city. Each lot in the subdivision must still have access to water. Outside of the corporate limits of the city, the subdivider may install on-site sewage facilities in place of the required sanitary sewer system lines where a public sanitary sewer system is not reasonably accessible or procurable. Each lot in the subdivision must still have access to a means of disposing of sewage that complies with all applicable law. Any water well or on-site sewage facility so installed must comply with the plans and specifications accepted by the county health officer.
(3) 
On-site sewage facilities.
For any subdivision where an on-site sewage facility is installed, any and all on-site sewage facilities (commonly called “septic tanks” or “septic systems”) must meet all applicable requirements of Texas law, including without limitation any applicable requirements of the state commission on environmental quality or its successor agency or agencies. The subdivider must show proof that the county in which said subdivision is located has found that any necessary on-site sewage facilities will not violate the state regulations that the county is required to enforce. The county health officer may require such inspections and proof of compliance with this subsection as the city health officer deems appropriate.
(4) 
On-site water supply systems.
For any subdivision where water wells are installed, any water wells or other water supply systems must meet all applicable requirements of Texas law, including without limitation any applicable requirements of the state commission on environmental quality or its successor agency or agencies.
(5) 
Fire hydrants.
Fire hydrants shall be installed in the proposed subdivision in a manner that complies with the requirements of the fire code.
(6) 
Streetlights.
Streetlights shall be installed by the subdivider at the intervals recommended by the city’s franchised electric utility supplier or at other intervals as determined by the city.
(7) 
Applicable design standards.
Each and every regulated improvement and public improvement shall meet the applicable design standards of the subdivision design standards.
(Ordinance 258-09, art. II, sec. 6.140, adopted 7/21/09)
(a) 
Conformity to general plan and other considerations.
The arrangement, character, extent, width, grade and location of all streets shall conform to the general plan for the city and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.
(b) 
Local street alignment.
The alignment of local streets shall be such that their use by through traffic will be discouraged.
(c) 
Arterial streets.
Where a subdivision abuts or contains an existing or proposed minor arterial street or principal arterial, the city council may require marginal access streets, reverse frontage with screen planting contained in a on-access reservation along the rear property line, deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.
(d) 
Certain rights-of-way.
Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, the city council may require a street approximately parallel to an [and] on each side of the such right-of-way, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.
(e) 
Reserve strips.
Reserve strips controlling access to public streets shall be prohibited except where approved by the city council.
(f) 
Street jogs.
Streets shall not be designed with jogs with centerline offsets of less than 150 feet.
(g) 
Reverse curve on certain streets.
A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.
(h) 
Intersections.
Streets shall intersect as nearly as possible at right angles. Property lines at street intersections shall be rounded with a radius of 20 feet or a greater radius where the city council may deem it necessary.
(i) 
Right-of-way widths for public streets.
Right-of-way widths for public streets shall be as shown in the general plan for the city and where not shown therein shall be not less than as follows, except where excessive cuts or fills will require additional right-of-way:
Street
Right-of-Way Width
Principal arterial
100'
Minor arterial
80'
Collector
60'
Local
50'
(j) 
Cul-de-sacs and residential subdivisions.
Cul-de-sacs and residential subdivisions shall be designed in accordance with the following requirements:
(1) 
Streets in subdivisions designated for single-family use shall not be designed to serve more than 60 dwelling units. In certain circumstances, a single-family residential subdivision containing more than 60 lots that would utilize a single means of access may be approved, upon determination by the city council that the subdivision is designed in a manner that will incorporate accepted urban design principles relative to the design and arrangements of street and lots in order to minimize negative traffic and safety impacts.
(2) 
The length of a cul-de-sac (dead-end) street in a single-family subdivision is limited to 1,600 linear feet. In all other subdivisions, the cul-de-sac shall not exceed 500 feet in length. Cul-de-sac street length shall be measured from a point beginning at the intersection of the cul-de-sac street with the centerline of the street from which it extends and continuing thereafter along the centerline of the cul-de-sac street to the center point of the turn-around at the end of the cul-de-sac street.
(3) 
Cul-de-sac streets that are 150 feet in length or longer shall be designed at the closed end with a turn-around (cul-de-sac) having an outside pavement diameter of a minimum of 95 feet and a street property line diameter of a minimum of 95 feet [sic] and a street property line diameter of a minimum of 117 feet. Cul-de-sac streets that are less than 150 feet in length shall be designed at the closed end with a turn-around having an outside pavement diameter that is a minimum of 77 feet and a street property line diameter that is a minimum of 100 feet. If an existing dead-end street with no cul-de-sac meeting current standards stops at the proposed subdivision’s boundary, and the proposed subdivision is not going to extend the street, then the subdivider shall construct a cul-de-sac meeting current standards.
(k) 
Street grades.
Street grades shall be established with due regard to topography, contemplated land use and adjacent facilities surrounding the land to be subdivided. The minimum street grade shall be 0.70%.
(Ordinance 258-09, art. II, sec. 6.141, adopted 7/21/09)
Easements across lots or centered on rear and/or side lot lines shall be provided for utilities where necessary and shall be at least 15 feet wide. The city council may require a wider easement width if more than one utility line is located in an easement, if a utility line will have six feet or more of cover, or if deemed necessary by the city council.
(Ordinance 258-09, art. II, sec. 6.142, adopted 7/21/09)
(a) 
The lengths, widths and shapes of blocks shall be determined with due regard to all of the following considerations:
(1) 
Provision of adequate building sites suitable to the special needs of the type of use contemplated;
(2) 
Needs for convenient access, circulation, control and safety of street traffic; and
(3) 
Limitations and opportunities of topography.
(b) 
Blocks lengths shall not exceed 1,600 feet.
(Ordinance 258-09, art. II, sec. 6.143, adopted 7/21/09)
(a) 
The lot size, width, depth, shape and orientation and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use for the property in the subdivision.
(b) 
Corner lots for residential use shall have extra width to permit appropriate building setback from and orientation to both streets; provided, however, that the city council may authorize such a corner lot to be of the same standard width and length as other lots in the same subdivision if access to the lot (driveway, etc.) is restricted to the smaller of the two streets (the street with the lower classification under the street classification system used in this article) or to the street that is less traveled, as the city council deems appropriate.
(c) 
The subdivision of the land shall be such as to provide each lot with satisfactory access to an existing public street.
(d) 
Double frontage and reverse frontage lots should be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation.
(e) 
Side lot lines shall be substantially at right angles or radial to street lines.
(Ordinance 258-09, art. II, sec. 6.144, adopted 7/21/09)
(a) 
Utility service connection, general rule.
Neither the city nor any other person, firm or corporation that provides water, sewer service, electricity, natural gas or other fuel service, telecommunication service, cable television service or any other utility service shall make any connections of any utility service to any residence, business, building or other structure upon any subdivided area, the subdivision of which has not been accomplished in accordance with the terms and provisions of this article.
(b) 
Exception, temporary service.
In a subdivided area that has not been subdivided in accordance with the terms and provisions of this article, the city manager may authorize the provision of such temporary water service, electric service and other utility services as are necessary or appropriate for the completion of the subdivision in a manner that complies with the requirements of this article. The city manager may order the suspension or termination of such temporary service for any violation of this article.
(Ordinance 258-09, art. II, sec. 6.146, adopted 7/21/09)
The city attorney is hereby authorized and it shall be the duty of the city attorney without further authorization of the city council to undertake, by all legal means appropriate or necessary, the enforcement of this article, including, but not limited to, enforcement in municipal court, filing of appropriate civil actions in courts of appropriate jurisdiction, defending the city from suit if suit is taken to appeal any action of the city, and any other action authorized by law. In addition to any other authorization provided herein, the city attorney is hereby expressly authorized and requested to sue to recover civil penalties in accordance with section 54.017 of the Texas Local Government Code and take any and all actions authorized by section 212.018 of the Texas Local Government Code in order to prevent, stop, remedy, and/or recover damages for any violation of this article.
(Ordinance 258-09, art. II, sec. 6.147, adopted 7/21/09)
Violations of any provision or provisions of this article shall constitute a misdemeanor and shall be punishable by fine not to exceed $2,000.00. Each day or portion of a day during which such a violation continues shall be considered a separate offense. The city council hereby dispenses with the requirement of establishing a culpable mental state in order to prove a violation of this article.
(Ordinance 258-09, art. II, sec. 6.148, adopted 7/21/09)
(a) 
Remedies not exclusive.
The remedies and penalties set out in this article are intended to be non-exclusive; that is, they shall be construed to not exclude the city from seeking any and all remedies at law or equity to which the city may be entitled under state law or otherwise, and the remedies as set out herein shall be considered in addition to and cumulative of such remedies as set out under state and/or federal law.
(b) 
Conviction not a bar.
No conviction or convictions under any penal provisions of this article or any of the statutes of the state shall ever be considered as any bar to any injunctive or other legal relief, remedy, right or power existing in the city to enforce the application and provisions of this article by virtue of the constitution and laws of the state.
(c) 
Municipal court remedies preserved.
Remedies set out in this article shall not affect or be construed to affect the ability of the city to proceed under the criminal jurisdiction of the city municipal court.
(Ordinance 258-09, art. II, sec. 6.149, adopted 7/21/09; Ordinance adopting 2017 Code)