(a)
The City
of Slaton, Texas, hereby defines its policy to be that the city will
withhold all city improvements in whatsoever nature including the
maintenance of streets, furnishing of sewerage facilities and water
service from all additions, hereafter established, the platting of
which has not been approved by the city commission as provided herein.
These regulations are adopted by the city commission of the City of
Slaton, Texas, as a proper way for persons or corporations so intending,
to subdivide land within the city limits or within five (5) miles
thereof; and all property not subdivided in lots, blocks or streets
within the city shall hereafter be laid out under the directions of
the city commission of the City of Slaton, Texas, herein provided.
It shall be unlawful for any owner or agent of any owner to lay out,
subdivide or plat any land into lots, blocks, and/or streets within
the city, or to sell property therein and thereby, which has not been
laid off, subdivided and platted according to these rules. No officer
or employee of the city shall do, or cause to be done any work upon
any street or in any addition or subdivision of the city, unless all
requirements of this ordinance have been complied with by the owner
of said addition or subdivision.
(b)
The procedure
and standards for the development, layout and design of subdivisions
of real estate within the corporate limits of the City of Slaton,
Texas, and for a distance of five (5) miles surrounding such corporate
limits, as prescribed in this ordinance, are intended to:
(1)
Guide
and assist and expedite the developers in correct procedures to be
followed and to inform them of the general standards which shall be
required. Protect the public interests by controlling the location,
design, class and type of streets, utilities and essential services
required.
(2)
Provide
for the public welfare, the essential areas required for educational,
recreational, industrial and commercial purposes.
(c)
The city
commission shall before approving any plats submitted to it, refer
such plats to the city water superintendent, the city street superintendent,
the city attorney and the city engineer for their suggestions and
comment by written report.
(d)
The city
planning commission before approving any plats submitted to it shall
refer such plats to the departments named above for their suggestions
and comment by written report.
(e)
Plans and
specifications for the above improvements shall meet the approval
of the city engineer. If it is determined that additional drainage
facilities in the form of storm sewers within the subdivision are
necessary, the developer shall prepare, with the approval of the city
engineer, plans and specifications to be used by him in correcting
the drainage. All such work necessary to be done under such plans
and specifications shall be done at the sole expense of the developer.
Storm sewers required to provide drainage from the point where storm
water emanates from the subdivision to an adequate drainage point
along existing streets, may, at its discretion, be provided by the
City of Slaton. In the event that the storm drain construction is
so great as to be prohibitive for either the subdivider or the city,
all areas affected by such drainage shall be omitted from the development;
or, the developer may, if the city commission so agrees, provide same
upon a basis of refund over a period of time agreeable to the city
commission. The details of such refund plan to be worked out by the
subdivider and the city engineer and submitted to the city commission
for approval or rejection.
(Ordinance 232, sec. 1, adopted 2/10/64)
The following regulations be and the same are hereby adopted
and approved and, for the purpose of these regulations, which shall
be known as and may be cited as “City of Slaton Subdivision
Regulations”:
means an undivided tract or parcel of land under one ownership
having access to a street, either occupied or to be occupied by a
building or building group together with accessory buildings, which
parcel of land is designated as a separate and distinct tract and
is identified by a tract or lot number or symbol in a duly approved
subdivision plat filed of record.
means the division of an existing subdivision, together with
any change of lot size therein, or with the relocation of any street
lines.
The term “street” means a way for vehicular traffic,
whether designated a street, highway, thoroughfare, parkway, thoroughway,
road, avenue, boulevard, land, place or however otherwise designated.
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.
The term “subdivision” means the division of
a parcel of land into two (2) or more lots or parcels for the purpose,
whether immediate or future, of sale or transfer of ownership or building
development, provided that a division of land for agricultural purposes
into lots or parcels of five (5) acres or more and not involving a
new street or alley shall not be deemed a subdivision. The term includes
resubdivision and, when appropriate to the context, shall relate to
the process of subdividing or to the land subdivided.
(Ordinance 232, sec. 2, adopted 2/10/64)
(a)
Six (6)
copies of the preliminary plat and field notes shall be submitted
to the city secretary of the City of Slaton, Texas, for presentation
to the city planning commission ten (10) days prior to the meeting
at which approval is asked. The plat shall be drawn to a scale of
two hundred (200) feet to one (1) inch or larger and shall show the
following:
(1)
Name
of subdivision.
(2)
Names
of the owner and engineer or surveyor responsible for the survey and
designs.
(3)
Boundary
lines, existing boundary lines, and width and location of platted
streets and alleys within and adjacent to the property.
(4)
Width
and depth of proposed lots.
(5)
Contours
sufficient to accurately show the topography. Contours and all grades
in the addition must refer to the City of Slaton datum. (Contours
at one (1) foot intervals preferred)
(6)
Physical
features of the property, including locations of watercourses, culverts,
bridges, railroads and present structures.
(7)
A designation
of the proposed uses of land within the subdivision.
(8)
Adequate
off-street parking must be provided for lots set aside or planned
for business use and shall comply with any zoning ordinances then
in effect in the City of Slaton.
(9)
If a
preliminary plat does not itself show it, then a map on a smaller
scale must be presented to show the nearest subdivision, how streets
and alleys or highways in the subdivision submitted may connect with
those in the nearest subdivision.
(b)
The six
(6) copies of the preliminary plat shall be distributed by the city
secretary, one to the mayor, one to the city planning commission,
one to the city attorney, one to the city engineer, one to the water
superintendent, and one to the street superintendent. Each preliminary
plat shall be accompanied by certificates of the city water department,
the Southwestern Public Service Company and the Pioneer Natural Gas
Company and/or their successors and assigns regarding the availability
of their respective utility to the subdivision; and further as to
the layout of their respective utility system which concerns such
subdivision, in short, whether or not they can give the resident of
such subdivision a complete utility service; and whether their respective
utility system layout is congenial to such proposed subdivision layout.
The preliminary plat should be marked: “Preliminary plat for
inspection purposes only and in no way official or approved for record
purposes.” The preliminary plat should be accompanied by a certificate
by a licensed public surveyor or a registered public surveyor or a
registered professional engineer that said subdivision is not subject
to flood conditions or that such portion that is subject to flood
conditions has been provided with sufficient drainage.
(c)
Before the
filing of the preliminary plat payment of the fee as herein and hereafter
set forth by the subdivider, shall be made to the city secretary,
and the subdivider shall certify to the city secretary that he has
received a copy of this ordinance and that he will comply with same.
(Ordinance 232, sec. 3, adopted 2/10/64)
The preliminary plat shall include the following items:
(1)
Boundary,
street, alley and building lines.
(2)
Width and
names of streets and locations with reference to all streets adjacent
to and leading to the subdivision.
(3)
Width and
depth of all lots.
(4)
Watercourses
and drainageways.
(5)
Contour
lines on not more than one (1) foot intervals with elevations based
on City of Slaton datum.
(6)
Layout,
in dotted lines, of all lots adjacent to the subdivision showing lot
size, lot and block numbers, and the name of the existing subdivision
or the name of the property owner if undeveloped land, all shown in
dotted lines and figures.
(7)
Scale and
north point.
(8)
Name and
address of subdivider.
(9)
Name and
address of engineer and surveyor.
(Ordinance 232, sec. 4, adopted 2/10/64)
(a)
Streets:
(1)
No street
dedication shall be less than sixty (60) feet wide.
(2)
All new
streets shall be continuations of existing streets, at the same or
greater width and having the same names (if possible), and street
jogs with center offsets of less than one hundred (100) feet shall
be prohibited.
(3)
Dead-end
streets may be platted where the land adjoining property is not subdivided,
in which case the streets shall be carried to the boundaries thereof.
(In the few instances where dead-end streets are otherwise necessary,
a cul-de-sac with a minimum radius of fifty (50) feet shall be provided.)
(4)
No intersecting
street shall be platted with the angle included between adjoining
street lines less than thirty (30) degrees nor more than one hundred
fifty (150) degrees.
(5)
Streets
shall be platted to allow two (2) tiers of lots with an alley between.
Intersecting cross streets may not be more than seven hundred (700)
feet apart.
(6)
Streets
shall be platted with appropriate regard to topographical features
lending themselves to attractive treatment.
(7)
Where
plats are presented for approval which adjoin unplatted property,
the owner of the proposed subdivision shall provide his pro rata part
of boundary streets.
(b)
Alleys,
reserve strips:
Alleys shall be laid in the rear of lots
fronting on adjoining streets. The minimum width of an alley shall
not be less than twenty (20) feet and shall be graded and leveled.
(c)
Lots and
blocks:
(1)
In general,
lots shall conform in width, depth and area to the pattern already
established in the adjacent areas, having due regard to the character
of the neighborhood, its particular suitability for development for
residential purposes and also taking into consideration the natural
topography of the ground, drainage, sanitary sewage facilities and
the proposed layout of the streets.
(2)
In locations
where sanitary sewers are not already available, and where there is
no immediate prospect for installation of sanitary sewers, septic
tanks of approved type may be installed in conformity with the rules,
regulations and ordinances of the City of Slaton pertaining to public
health; provided, however, that in no case shall septic tanks be installed
on lots having a frontage of less than sixty (60) feet, and a depth
of less than one hundred fifty (150) feet. In this connection, if
the soil texture in the area is such as will not lend itself to the
utilization of a septic tank, then the proposed size of the lots must
be increased to provide for a safe absorption of the effluent, as
determined by the health department of the City of Slaton.
(3)
Lots
should have a minimum of fifty (50) foot width and one hundred (100)
foot depth and, in no case, shall the lot contain less than five thousand
(5,000) square feet, and then only when approved by the City Commission.
(4)
The area
of the lot shall be computed by taking the average width of the lot
times the average depth of the lot measured from the street line to
the rear lot line.
(5)
All sidelines
of lots shall be at right angles to straight street lines or radial
to curved street lines, unless a variation from this rule, would,
in the opinion of the city planning commission give a better lot plan.
(6)
For private
housing projects and shopping villages, it will not be necessary to
subdivide tracts of land. Site plans, however, must be filed showing
the arrangement of the project in detail, together with essential
requirements such as parking facilities, locations of buildings and
the other uses to be permitted, and shall be subject to approval as
herein set forth for plats.
(7)
The city
planning commission shall without delay approve or disapprove or approve
conditionally the preliminary plat and send it to the city commission
for final action; in as much, as the preliminary plat must be approved
or disapproved within sixty (60) days of its being filed, by the city
commission.
(Ordinance 232, sec. 5, adopted 2/10/64; Ordinance 593, sec. 2, adopted 6/12/01)
(a)
General.
Original and six (6) copies of the final plat or record plat
with reproducible sepia shall be submitted to the city secretary after
the preliminary plat has been approved and all changes and all alterations
made. No final plat will be considered unless preliminary plat has
first been submitted. Such plat shall be filed in the office of the
city secretary at least ten (10) days prior to the meeting in which
approval is requested. Final plat should be accompanied by the following
data:
(1)
Plats
shall be drawn upon sheets 8-1/2" x 11" (or 11" x 17"; 17" x 22" and
22" x 36") inches and to the scale of one hundred (100) feet to the
inch or larger.
(2)
A title
including name of subdivision owner or owners, and licensed land surveyor
or registered civil engineer responsible for the plat, and the scale
and location of the subdivision with reference to original land grants
or surveys, the data and north point.
(3)
The certificate
of the registered civil engineer or licensed land surveyor who surveyed,
mapped and monumented the land should be placed on the face of the
map, showing that he has done so as required by this ordinance.
(4)
A deed
of dedication of all streets, alleys, parks and playgrounds to public
use forever, signed and acknowledged before a notary public by the
owner of such land. The wife of all married men executing such dedication
deed or certificate of dedication shall join with her husband therein
unless satisfactory proof be provided showing that the property to
be subdivided does not constitute any portion of anybody’s homestead,
in which case the instrument of dedication shall state the fact that
the property subdivided and platted does not constitute a part of
such parties’ homestead and positively designates and identifies
such parties’ homestead. In the case there are any lienholders,
they shall execute a subordination agreement subordinating their liens
to all public streets, alleys, parks, school sites and any other public
areas shown on the plat of such subdivision as being set aside for
public uses and purposes; or they may join in such dedication deed
or certificate of dedication. It shall in addition to the above requirements,
contain the following:
(i)
An
accurate description of the tract of land subdivided.
(ii)
A statement and express warranty that the parties joining in such
dedication deed or certificate of dedication are the sole owners of
such tract of land.
(iii)
An express dedication to the public for public use forever the streets,
alleys, rights-of-way, parks, school sites and other public places
shown on the attached plat.
(iv)
The dedication deed that the subdivider makes shall include a provision
that conveys to the City of Slaton, Texas, a municipal corporation,
fee simple title to park areas, alleys and streets which are dedicated
to the public use.
(5)
A positive
reference and identification of the plat of such subdivision by the
name of such subdivision, date of plat and signature of engineer.
(6)
Certificate
of improvement: The subdivider’s Texas licensed professional
engineer shall furnish the planning commission with a written certification
stating that all improvements required by this ordinance which have
been completed prior to final approval have been satisfactorily completed
in accordance with plans and specifications for such improvements
approved by the city engineer and/or shall further certify that sufficient
cash has been deposited or a surety bond furnished with the city to
secure the completion of all those improvements so required which
are incomplete. When a surety bond has been furnished the city in
lieu of any or all of the required improvements, it shall be delivered
to the city attorney for approval. The surety bond shall have attached
thereto a copy of the contract for such improvements and such other
information and data necessary to determine the validity and enforceability
of such bond. When the bond has been examined and approved, the city
attorney shall furnish the planning commission with a written certification
that the surety bond is in his opinion as valid and enforceable as
regards all improvements required by this chapter [ordinance] still
incomplete and for which cash deposit has not been made.
(7)
Protective
covenants, if any, in form for recording.
(8)
Certificates
showing that all taxes have been paid on the tract to be subdivided,
and that no delinquent taxes exist against the property.
(9)
All final
plats must be approved by the city commission. The city commission
will not consider a plat for file or approval until considered by
the city engineer, city planning commission, city attorney, city water
superintendent and the city street superintendent and the city attorney
has furnished such commission with an opinion that this ordinance
has been complied with by the subdivider. The subdivider must provide
in addition to the other requirements of this ordinance an opinion
of an attorney licensed to practice law in the State of Texas addressed
to the city, and furnished at the expense of the subdivider, that
the title of the subdivider (owner or owners) petitioning for plat
approval to be the fee simple owner of such property or if anyone
else has any interest therein or lien thereon that he has subrogated
such interest or lien to the dedication instruments hereinabove mentioned.
(b)
Improvements
required prior to acceptance of the final plat.
(1)
Monuments:
(i)
Monuments
consisting of one (1) inch iron pipe, twenty-six (26) inches in length,
shall be placed at all corners of the block lines, the point of intersection
of the alleys and block lines, and at the point of intersection of
curves and tangents of the subdivision. This twenty-six (26) inch
pipe shall be in two (2) lengths, one eighteen (18) inches in length,
with an eight (8) inch length of pipe above, which shorter length
shall be placed flush with the average ground elevation. When extremely
loose soil conditions are encountered, upon authorization of the city
engineer, an eight (8) inch wooden two (2) inch by two (2) inch stake
as a substitute shall be driven in the top of the eighteen (18) inch
length on one (1) inch pipe in lieu of the eight (8) inch length of
one (1) inch pipe. All markers shall be indicated on the final plat.
(ii)
Lot markers shall be two (2) inch by two (2) inch wooden stakes placed
at each corner of all lots flush with the average ground elevation
or they may be countersunk, if necessary, in order to avoid being
disturbed.
(iii)
Two (2) of the monuments provided in (i) above for block corner or
intersection corners shall be permanent survey reference points. These
points shall be marked with monuments, the top of which shall be twelve
(12) inches below the existing ground and shall be made of two (2)
inch diameter iron pipe eighteen (18) inches in length, the top twelve
(12) inches of which shall be set in concrete. Inside of the two (2)
inch pipe and extending to the surface of the ground a one (1) inch
pipe shall be installed. These reference points should be located
so as to establish one side of the subdivision.
(2)
Streets:
(i)
Grading,
drainage and structures necessary to the proper use and draining of
streets, highways and ways, and to the public safety, all in accordance
with plans and specifications of the city.
(ii)
All streets within or abutting to the proposed subdivision shall
be paved and curbs and gutters installed, according to specifications
approved by the director of public works prior to such paving. All
paving shall be at least thirty-six (36) feet wide; however, the city
commission may require wider paving or may permit narrower paving
where it is deemed appropriate. All paving shall be constructed under
the supervision of the director of public works, who shall require
compliance with all specifications. In the case of streets along the
boundary of a proposed subdivision, the developer shall deposit one-half
the estimated cost of paving such streets with the city secretary.
All paving cost shall be borne by the subdivider except that the city
may participate in such cost pursuant to existing paving policies.
(iii)
Underground utility lines required in the subdivision shall be placed
under or across all streets prior to paving.
(3)
Water
and sewer:
(i)
Water
and sewer lines shall be installed to serve all lots within the proposed
subdivision.
(ii)
Provided, however, the requirements of paragraph (i) of this subsection
shall not be required when the planning commission finds one of the
following situations to exist: Where water or sewer is not available
and cannot be made available in the immediate future.
(4)
Street
lighting:
The minimum requirement for street lighting
facilities shall be one (1) candlepower light, or equal, at street
intersections within or abutting the subdivision. Light standards
shall be approved by the city electrical inspector.
(5)
Street
name signs:
Street name signs shall be placed at all
street intersections within or abutting the subdivision. Such signs
shall be of a type approved by the city engineer and shall be placed
in accordance with standards of erection of said director.
(6)
Bond
in lieu:
In lieu of the completion or installation of
any or all of the above improvements, and before the final plat is
approved and recorded the city may accept a cash deposit or surety
bond executed by a surety company authorized to do business in this
state, to secure to the city the actual cost of such improvements
as estimated by a professional engineer who is licensed to practice
in Texas, which estimate shall also be approved by the city engineer.
(c)
Withholding
improvements until approved.
The city shall withhold
all city improvements of whatsoever nature including the furnishing
of sewerage facilities and water service from all additions, which
have not been approved as provided by this ordinance and further,
no building permits shall be issued by the city for improvements on
any piece of property in any subdivision until such city approval
has been secured.
(Ordinance 232, sec. 6, adopted 2/10/64; Ordinance 400, sec. 1, adopted 4/28/78)
The subdivider shall improve, or agree to improve all streets
in the subdivision. Improvements shall be installed to a permanent
line and road and to the satisfaction of the city engineer in accordance
with standard specifications of the City of Slaton or good engineering
practice if specifications are not available. The minimum improvements
which the subdivider shall make, or agree to make, prior to acceptance
and approval of the final plat by the city commission shall be:
(1)
Grading,
integral curb and gutter, six (6) inch curb and eighteen (18) inch
gutter of twenty-five hundred (2,500) p.s.i. concrete, drainage, and
drainage structures necessary to properly drain the area.
(2)
Pavement
of a width suitable for the traffic on the street minimum acceptable
pavements: A triple asphalt surface treatment of one and one-half
(1-1/2) inch hot mix, six (6) inch gravel or caliche base, the base
and material should have a plastic index of twenty (20) or less, or
six (6) inch reinforced concrete (2,500) p.s.i. asphaltic concrete
on a properly prepared subgrade, properly compacted base with a minimum
compressive strength of two thousand five hundred (2,500) p.s.i. at
twenty-eight (28) days and have a minimum of five (5) sacks of cement
per cubic yard and a maximum of seven and five-tenths (7.5) gallons
of water per cubic yard.
(3)
Sidewalks;
four (4) foot wide, four (4) inches thick, two thousand five hundred
(2,500) p.s.i. concrete.
(4)
All concrete
in pavements under (1), (2) and (3) shall have a minimum compressive
strength of two thousand five hundred (2,500) p.s.i. at twenty-eight
(28) days and have a minimum of five (5) sacks of cement per cubic
yard and a maximum of seven and five-tenths (7.5) gallons of water
per cubic yard.
(5)
Water systems
with mains of sufficient size and having a sufficient number of outlets
to furnish adequate domestic water supply, furnish fire protection
to all lots and to meet the requirements of the City of Slaton water
and sewer department as set forth by the city engineer.
(6)
Sanitary
sewer facilities to service the subdivision and to meet the requirements
of the City of Slaton water and sewer department.
(7)
All services
for utilities shall be made available for each lot in such a manner
as will obviate the necessity for disturbing the street pavement,
gutter, curb and drainage structures when connections are made.
(Ordinance 232, sec. 7, adopted 2/10/64)
The subdivider may award the contract and make payments directly
to the contractor, after the plans and specifications have been approved
by the city engineer for all grading, paving, drainage, structures
and sidewalks in the addition. The engineer who shall be a professional
engineer licensed to practice in Texas representing the subdivider
shall prepare the plans and specifications for the water and sewer
lines and present them to the city engineer for approval after which
the city may advertise for bids and award the contract if the cost
for said contract has been paid to the city by the subdivider. When
completed and before final approval of the plat for filing the aforesaid
licensed professional engineer shall furnish his signed certificate
to the city secretary with a copy also to the city engineer and the
city attorney that the improvements meet the requirements of this
ordinance in all respects.
Subdivider shall also upon completion furnish to the city attorney
for approval a surety bond in the principal sum of twenty-five (25)
percent of the original cost of such improvements, of a corporation
with a permit to do business in Texas to the effect that such subdivider
shall pay for any and all repairs needed to such improvements within
two (2) years of their completion date as set forth above. The city
may make the repairs itself or have them done and charge the subdivider
the reasonable cost thereof including the cost of the city’s
labor expense in doing so as computed by the city, which shall after
such approval be filed with the city secretary.
(Ordinance 232, sec. 8, adopted 2/10/64)
The engineer representing the subdivider must present to the
City of Slaton reproducible complete as-built plans for all paving,
drainage structures, waterline and sewer lines within thirty (30)
days after completion of each contract.
(Ordinance 232, sec. 9, adopted 2/10/64)
The following schedule of fees and charges shall be paid into
the general fund of the City of Slaton when any preliminary map or
plat is tendered to the city planning commission or any other board
or agency, and each of the fees and charges provided herein shall
be paid in advance, and no action of the city planning commission
or any other board or agency shall be valid until the fee shall have
been paid to the officer designated herein. The city secretary, his
deputies or assistants shall calculate the fees and charges in accordance
with the following schedule:
(1)
Preliminary
plats. $10.00 per plat, plus $1.00 per lot.
(2)
Final plats.
$20.00 per plat, plus $2.00 per lot.
(3)
For approval
of multiple dwelling areas, business or industrial areas not subdivided
into lots, both the preliminary and final plats shall carry a fee
of $5.00 per acre.
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These fees shall be charged on all plats, regardless of the
action taken by the city planning commission whether the plat is approved
or denied.
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Advice and cooperation in the preparation of plats will be freely
given by the city engineer.
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(Ordinance 232, sec. 10, adopted 2/10/64)
The terms and provisions of this ordinance shall be cumulative
of all other ordinances of the City of Slaton regulating subdivisions,
and such other ordinances are not repealed by this ordinance except
in those instances where the provisions of said other ordinances conflict
with the terms of this ordinance, in which event the terms of this
ordinance shall prevail.
(Ordinance 232, sec. 11, adopted 2/10/64)
