(a)
This Ordinance
is adopted under the authority of the Constitution and laws of the
State of Texas, including Chapter 212, Texas Local Government Code
and Section 16.350 of the Texas Water Code. Notwithstanding any provision
to the contrary, these rules apply only to a subdivision which creates
two or more lots of five acres or less intended for residential purposes.
Lots of five acres or less are presumed to be for residential purposes
unless the land is restricted to nonresidential uses on the final
plat and in all deeds and contracts for deeds.
(b)
The following
rules and regulations are hereby adopted as the Subdivision Ordinance
of the City of Tahoka, Texas, also referred to herein as “Ordinance.”
The City Council hereby extends the application of this Ordinance
to the extraterritorial jurisdiction of the City of Tahoka, as that
area may exist from time to time. This Ordinance shall be applicable
to the filing of plats and the subdivision of land, as that term is
defined herein and in Chapter 212 of the Texas Local Government Code,
within the corporate limits of the City of Tahoka and its extraterritorial
jurisdiction as they may be from time to time adjusted by annexation
or disannexation. The City shall have all remedies and rights provided
by said Chapter 212 with regard to the control, approval, and enforcement
of subdivisions and plats both within the City and within its extraterritorial
jurisdiction.
(Ordinance adopted 6/14/10)
(a)
In the
interpretation and application of the provisions of this Ordinance,
it is the intention of the City Council that the principles, standards,
and requirements provided for herein shall be held to be the minimum
requirements for platting and developing of subdivisions within the
City of Tahoka and its extraterritorial jurisdiction. This Ordinance
shall be construed broadly to promote the purposes for which they
are adopted.
(b)
The subdivision
(i.e., platting) of land is the first step in the process of development.
A community’s quality of life is of the public interest. Consequently,
the subdivision of land, as it affects a community’s quality
of life, is an activity where regulation is a valid function of municipal
government. The regulations contained herein are intended to encourage
the development of a quality municipal environment by establishing
standards for the provision of adequate light, air, open space, stormwater
drainage, transportation, public utilities and facilities, and other
needs necessary for ensuring the creation and continuance of a healthy,
attractive, safe and efficient community that provides for the conservation,
enhancement and protection of its human and natural resources.
(c)
The procedure
and standards for the development, layout and design of subdivisions
of land within the corporate limits and extraterritorial jurisdiction
of the City of Tahoka, Texas, are intended to:
(1)
Promote
the health, safety, morals, or general welfare of the municipality
and the safe, orderly, and healthful development of the municipality.
(2)
Ensure
that adequate water and wastewater facilities are provided in subdivisions
within the jurisdiction of the municipality, and to apply the minimum
state standards for water and wastewater facilities to these subdivisions.
(3)
Guide
and assist property owners and applicants in the correct procedures
to be followed, and to inform them of the standards which shall be
required;
(4)
Protect
the public interest by imposing standards for the location, design,
class and type of streets, sidewalks, utilities and essential public
services.
(Ordinance adopted 6/14/10)
(a)
No subdivision plat shall be recorded until a final plat, accurately describing the property to be conveyed, has been approved in accordance with this Ordinance and with other applicable City regulations described in subsection 1.3(b) below. No building permit, certificate of occupancy, plumbing permit, electrical permit, floodplain permit, utility tap, or certificate of acceptance for required public improvements shall be issued by the City for any parcel of land or plat until:
(b)
Compliance
with all City ordinances pertaining to the subdivision of land, shall
be required prior to approval of any development application governed
by this Ordinance. It is the property owner’s responsibility
to be familiar with, and comply with, City ordinances. Applicable
ordinances and requirements include, but are not limited to, the following:
(Ordinance adopted 6/14/10)
(a)
The provisions
of this Ordinance shall apply to the following forms of land subdivision
and development activity within the City’s limits and its extraterritorial
jurisdiction:
(1)
The
division of land into two or more tracts, lots, sites or parcels;
or
(2)
All
subdivisions of land whether by metes and bounds division or by plat,
which were outside the jurisdiction of the City’s subdivision
regulations in Lynn County, Texas, and which subsequently came within
the jurisdiction of the City’s subdivision regulations through:
(3)
The
combining of two or more contiguous tracts, lots, sites or parcels
for the purpose of creating or expanding one or more legal lots in
order to achieve a more developable site, except as otherwise provided
herein; or
(4)
When
a building permit is required for the following uses on land that
has not already been platted:
(A)
Residential Single-Family: All single-family detached dwelling units
shall be located on individual lots owned in fee simple, and shall
not be located on an easement.
(B)
Nonresidential and Multifamily:
(i)
Construction of a new nonresidential or multifamily structure; or
(ii)
Additions, such as increasing the square footage of an existing building
by more than twenty percent (20%) of its gross floor area; or
(iii)
Moving a primary structure onto a piece of property; or
(iv)
For tracts where any public improvements are proposed; or
(v)
Whenever a property owner proposes to divide land lying within the City or its extraterritorial jurisdiction into two or more tracts, and claims exemption from Subchapter A of Chapter 212 of the Texas Local Government Code for purposes of development, that results in parcels or lots all greater than five (5) acres in size; or in the event that development of any such tract is intended, and where no public improvement is proposed to be dedicated, he shall first obtain approval of a development plat that meets the requirements of Texas Local Government Code Chapter 212, Subchapter B, Regulation of Property Development, Sections 212.041 through 212.050. (See Section 2.7 of this Ordinance for requirements for development plats.)
(Ordinance adopted 6/14/10)
(a)
The provisions
of this Ordinance shall not apply to:
(1)
Development
of land legally platted and approved prior to the effective date of
this Ordinance, except as otherwise provided for herein, and for which
no re-subdivision is sought; or
(2)
Sale,
inheritance, or gift of land by metes and bounds of tracts upon which
no improvements, subdivision or alteration is occurring; or
(3)
Existing
cemeteries complying with all state and local laws and regulations;
or
(4)
Divisions
of land created by order of a court of competent jurisdiction; or
(b)
When a
building permit is requested for unplatted or already platted parcels
for one or more of the following activities:
(1)
Replacement
or reconstruction of an existing primary single-family or duplex structure,
but not to exceed the square footage of the original structure;
(2)
Additions,
such as increasing square footage of structure, of not over fifty
percent (50%) of the existing structure’s value, and of not
over twenty percent (20%) of the gross floor area;
(3)
Accessory
buildings, as defined in the zoning ordinance;
(4)
Remodeling
or repair which involves no expansion of square footage; or
(5)
Moving
a structure off a lot or parcel, or for demolition permits.
(Ordinance adopted 6/14/10)
Except as otherwise provided in this Ordinance, all applications
for plat approval, including final plats, that are pending on the
effective date of this Ordinance and which have not lapsed shall be
reviewed under the regulations in effect immediately preceding the
effective date of this Ordinance.
(Ordinance adopted 6/14/10)
(a)
Conflict
With Other Laws.
These regulations are not intended to
interfere with, abrogate, or annul any other ordinance, rule or regulation
statute or other provision of law except as provided in this Ordinance.
To the extent that this Ordinance promulgates standards or imposes
restrictions or duties which differ from those imposed by other City
ordinances, rules or regulations, the regulations contained within
this Ordinance shall supersede such other provisions to the extent
of any conflict or inconsistency.
(b)
Severability.
If any part or provision of this Ordinance, or the application
of this Ordinance to any person or circumstance, is adjudged invalid
by any court of competent jurisdiction, the judgment shall be confined
in its operation to the part, provision, or application directly involved
in the controversy in which the judgment shall be rendered, and it
shall not affect or impair the validity of the remainder of these
regulations or the application of them to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder
of these regulations even without any such part, provision, or application
which is judge to be invalid.
(Ordinance adopted 6/14/10)
This Ordinance shall not be construed as abating any action
now pending under, or by virtue of, prior existing subdivision regulations,
or as discontinuing, abating, modifying or altering any penalty accruing
or about to accrue, or as affecting the liability of any person, firm
or corporation, or as waiving any right of the City under any section
or provision existing at the time of adoption of this Ordinance, or
as vacating or annulling any rights obtained by any person, firm or
corporation, by lawful action of the City except as shall be expressly
provided in this Ordinance.
(Ordinance adopted 6/14/10)
(a)
Where
the Planning & Zoning Commission recommends, and the City Council
finds, that undue hardships will result from strict compliance with
a certain provision(s) of this Ordinance, or where the purposes of
these regulations may be served to a greater extent by an alternative
proposal, it may approve a waiver/suspension from any portion of these
regulations so that substantial justice may be done and the public
interest is secured, provided that the waiver/suspension shall not
have the effect of nullifying the intent and purpose of these regulations,
and further provided that the City Council shall not approve a waiver/suspension
unless it shall make findings based upon the evidence presented to
it in each specific case that:
(1)
Granting
the waiver/suspension will not be detrimental to the public safety,
health or welfare, and will not be injurious to other property or
to the owners of other property, and the waiver/suspension will not
prevent the orderly subdivision of other property in the vicinity;
(2)
The
conditions upon which the request for a waiver/suspension is based
are unique to the property for which the waiver/suspension is sought,
and are not applicable generally to other property;
(3)
Because
of the particular physical surroundings, shape and/or topographical
conditions of the specific property involved, a particular hardship
to the property owner would result, as distinguished from a mere inconvenience,
if the strict letter of these regulations is carried out;
(4)
The
waiver/suspension will not in any manner vary the provisions of the
Zoning Ordinance of the City;
(5)
An
alternate design will generally achieve the same result or intent
as the standards and regulations prescribed herein.
(b)
Such findings
of the City Council, together with the specific facts upon which such
findings are based, shall be incorporated into the official minutes
of the City Council meeting at which a waiver/suspension is considered.
A waiver/suspension from any provision of this Ordinance may be granted
only when in harmony with the general purpose and intent of this Ordinance
so that the public, health, safety and welfare may be secured and
substantial justice done. Pecuniary hardship to the property owner
or developer, standing alone, shall not be deemed to constitute undue
hardship.
(c)
Criteria
for Waiver/Suspensions from Development Extractions.
Where the City Council finds that the imposition of any development
extraction pursuant to these regulations exceeds reasonable benefit
to the property owner, or is so excessive as to constitute confiscation
of the tract to be platted, it may approve a full or partial, at its
discretion, waiver/suspension to such requirements so as to prevent
such excess.
(d)
Conditions.
In approving a waiver/suspension, the City Council may require such conditions as will, in its judgment, secure substantially the purposes described in Section 1.2.
(e)
Procedures.
(1)
A petition
for a waiver/suspension shall be submitted in writing by the property
owner before the plat is submitted for the consideration of the Planning
& Zoning Commission. The petition shall state fully the grounds
for the application, and all of the facts relied upon by the petitioner.
(2)
Where
a hardship is identified during concept plan review pursuant to the
Zoning Ordinance or during subdivision plat review pursuant to this
Ordinance which requires issuance of a waiver/suspension from a provision
in this Ordinance, the Commission may recommend a conditional (or
temporary) waiver/suspension from that provision in this Ordinance
in conjunction with concept plan or plat approval by the City Council.
A conditional or temporary waiver/suspension from this Ordinance shall
receive final approval along with a construction plat provided that
the construction plat conforms to the concept plan, and that no new
information or reasonable alternative plan exists which, at the determination
of the City Council, voids the need for a waiver/suspension. All waivers/suspensions
shall have final approval or disapproval by the City Council.
(Ordinance adopted 6/14/10)
No person who owes delinquent taxes, delinquent paving assessments,
delinquent fees, or any other delinquent debts or obligations to the
City, and which are directly attributable to a piece of property,
shall be allowed to record an approved plat or replat until the taxes,
assessments, debts or obligations directly attributable to said property
and owed by the property owner or previous owner thereof shall have
been first fully discharged by payment, or until an arrangement satisfactory
to the City Administrator has been made for the payment of such debts
or obligations. It shall be the applicant’s responsibility to
provide evidence or proof that all taxes, assessments, debts or obligations
have been paid at the time of submission for any application for approval
under this Ordinance.
(Ordinance adopted 6/14/10)
The City may deny a hearing and any approval pursuant to this
ordinance if the applicant does not submit the information and fees
required by this Ordinance.
(Ordinance adopted 6/14/10)
It shall be a violation of this Ordinance for any person to
knowingly or willfully misrepresent, or fail to include, any information
required by this Ordinance in any plat application or during any public
hearing or meeting of the Commission or City Council. Such a violation
shall constitute grounds for denial of the plat.
(Ordinance adopted 6/14/10)
For the purpose of this Ordinance, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
shall include the future tense, words in the plural number shall include
the singular number, and vice versa; and words in the masculine gender
shall include the feminine gender, and vice versa. Definitions not
expressly prescribed herein are to be determined in accordance with
customary usage in municipal planning and engineering practices. The
word “shall” is always mandatory, while the word “may”
is merely directory.
A lot, tract or parcel of land lying within the corporate
boundaries or extraterritorial jurisdiction of the City which is intended
for the purpose of subdivision or development.
A minor public right-of-way not intended to provide the primary
means of access to abutting lots, which is used primarily for vehicular
service access to the back or sides of properties otherwise abutting
on a street. The length of an alley segment is to be measured from
the right-of-way lines of the streets from which the alley is provided
access, including any alley turnouts onto a street.
A revised plat correcting errors or making minor changes
to the original recorded final plat.
A person or entity who submits an application for an approval
required by this Ordinance.
A written request for an approval required by this Ordinance.
The City Council, as the governing body of the City shall
be the final authority responsible for approving all plats except
for minor plats and amended plats. The only appeal to a decision by
the City Council shall be the judicial system.
As a recommending body to the City Council, any reference
herein to approval by the Commission shall be construed to mean that
the Commission takes action to make a favorable recommendation (either
with or without conditions) to the City Council. Any appeal to a decision
by the Commission shall be made to the City Council.
City Council, duly appointed official, or committee established
by resolution that is expressly authorized to review, amend, and/or
enforce these Rules.
A parcel of land entirely surrounded by public highways,
streets, streams, railway, rights-of-way, parks, etc., or a combination
thereof.
Any form of a surety bond in an amount and form satisfactory
to the City.
The inspector or administrative official charged with responsibility
for issuing building permits and enforcing the Zoning and subdivision
ordinances and Building Code of the City.
The line within a property defining the minimum horizontal
distance between a building or other structure and the adjacent street
right-of-way line, property line, creek, or other specific environmental
feature. In areas that lack a nationally recognized fire code as listed
in Local Government Code Section 235.00(b)(2) and lack water lines
sized for fire protection, setbacks from roads and rights-of-way shall
be a minimum of ten (10) feet, setbacks from adjacent property lines
shall be a minimum of five (5) feet, and shall not conflict with separation
or setback distances required by rules governing public utilities,
on-site sewage facilities, or drinking water supplies.
The City of Tahoka, Texas.
The person holding the position of City administrator, as
appointed by the City Council. For the purposes of this Ordinance
the City administrator may appoint, in writing, a designee to act
on his or her behalf.
The term “City Attorney” shall apply only to
such attorney, or firm of attorneys, that has been specifically employed
by the City to assist in legal matters.
The city council of City of Tahoka, Texas.
The term “City engineer” shall apply only to
such licensed professional engineer, or firm of licensed consulting
engineers, that has been specifically employed by the City to assist
in engineering-related matters.
The term “City planner” shall apply only to such
practicing, professional land planner, or firm of professional land
planners, that has been specifically employed by the City to assist
in planning- and zoning-related matters.
The planning and zoning commission of the City.
The maps or drawings accompanying a plat and showing the
specific location and design of public improvements to be installed
in the subdivision in accordance with the requirements of the City
as a condition of approval of the plat.
A street having only one outlet to another street, and terminated
on the opposite end by a vehicular turnaround or bulb. The length
of a cul-de-sac is to be measured from the intersection centerpoint
of the adjoining through street to the midpoint of the cul-de-sac
bulb.
A street, other than a cul-de-sac, with only one outlet.
Any person, partnership, firm, associate, corporation (or
combination thereof), or any officer, agent, employee, servant or
trustee thereof, who performs or participates in the performing of
any act toward the subdivision of land, with the intent, scope of
purview of these regulations.
A plat which depicts the development of land, which means
the construction of any building, structure or improvement of any
nature, residential or nonresidential, or the enlargement of any external
dimension thereof.
All water distributed by any agency or individual, public
or private, for the purpose of human consumption, use in the preparation
of foods or beverages, cleaning any utensil or article used in the
course of preparation or consumption of food or beverages for human
being[s], human bathing, or clothes washing.
The grant of one or more property rights by a property owner
to another person or entity.
A person duly authorized and licensed under the provisions
of the Texas Engineering Registration Act to practice the profession
of engineering.
The area outside the municipal limits but within five miles
of those limits.
The one official and authentic map of any given subdivision
of land prepared from actual field measurement and staking of all
identifiable points by a surveyor or engineer, with the subdivision
location referenced to a survey corner, and with all boundaries, corners
and curves of the land division sufficiently described so that they
can be reproduced without additional references. The final plat of
any lot, tract or parcel of land shall be recorded in the land records
of Lynn County, Texas. An amended plat is also a final plat.
A divided or undivided tract or parcel of land having frontage
on a public street, and which is, or which may in the future be, offered
for sale, conveyance, transfer or improvement; which is designated
as a distinct and separate tract; and which is identified by a tract
or lot number or symbol in a duly approved subdivision plat which
has been properly filed of record.
All plats not classified as minor plats, including but not
limited to subdivisions of more than four (4) lots, or any plat that
requires the construction of a new street, or portion thereof, or
the extension of a municipal facility as required by this or any other
City ordinance.
A subdivision or replat resulting in four (4) or fewer lots
abutting an existing street, provided that the plat does not create
any new streets or new easements or the extension of any municipal
facilities to serve any lot within the subdivision. Any property to
be subdivided using a minor plat shall already be served by all required
City utilities and services.
A street segment, or a cul-de-sac or alley segment, which
exceeds the maximum length allowed by this Ordinance, as measured
along the centerline of the street from the intersection centerpoint
of one through street, which shall not be a cul-de-sac or dead-end
or looped street, to the intersecting centerpoint of another through
street or, in the case of a cul-de-sac, to the midpoint of the cul-de-sac.
For an alley segment, the measurement shall be to the right-of-way
lines of the streets from which the alley is provided access, including
any alley turnouts, or from the centerpoint of an intersection with
another alley which connects to a street.
The portion of a street that is available for vehicular traffic.
Where curbs are used, it is the portion from the back of one curb
to the back of the opposite curb.
Any existing or planned street which abuts the subdivision
or addition to be platted.
A license, certificate, approval, registration, consent,
permit, contract or other agreement for construction related to, or
provision of, service from a water or wastewater utility owned, operated,
or controlled by a regulatory agency, or other form of authorization
required by law, rule, regulation, order, or ordinance that a person
must obtain to perform an action or initiate, continue, or complete
a project for which the permit is sought.
A preliminary plat, final plat, development plat, amended
plat or replat, as determined by the context.
The graphic expression of the proposed overall plan for subdividing,
improving and developing a tract, showing in plan view the proposed
street and lot layout, easements, dedications and other pertinent
features, with such notations as are sufficient to substantially identify
the general scope and detail of the proposed development.
A private vehicular access way, including an alley, that
is shared by and that serves two or more lots, which is not dedicated
to the public, and which is not publicly maintained.
Any person or any agent thereof, that has sufficient proprietary
interest in the land sought to be subdivided to commence and maintain
proceedings to subdivide the same under this Ordinance. The term “property
owner” shall be restricted to include only the owner(s) or authorized
agent(s) of such owner(s), of land sought to be subdivided.
The re-subdivision of any part or all of a block or blocks
of a previously platted subdivision, addition, lot or tract.
A parcel of land occupied, or intended to be occupied, by
a street or alley. Where appropriate, “right-of-way” may
include other facilities and utilities such as walkways; railroad
crossings; electrical, communication, oil and gas facilities, water
and sanitary and storm sewer facilities; and any other special use.
The use of right-of-way shall also include parkways and medians outside
of the paved portion of the street. The usage of the term “right-of-way”
for land platting purposes shall mean that every right-of-way hereafter
established and shown on a final plat to be separate and distinct
from the lots or parcels adjoining such right-of-way, and shall not
be included within the dimensions or areas of such lots or parcels.
The devices and systems which transport domestic wastewater
from residential property, treat the wastewater, and dispose of the
treated water in accordance with the minimum state standards.
A street or road that meets or exceeds the minimum specifications
in the City’s standard street specifications, and which is constructed
to the ultimate configuration for the type of roadway it is designated
for on the City thoroughfare plan.
A right-of-way, whether public or private and however designated,
which provides vehicular access to adjacent land. Streets may be of
the following categories:
Major thoroughfares, also known as arterial streets or primary
thoroughfares, which provide vehicular movement from one neighborhood
to another or to distant points within the City, and including freeways
or highways leading to other communities.
Collector streets, also known as feeder streets or secondary
thoroughfares, which provide vehicular circulation within neighborhoods,
and from local streets to major thoroughfares.
Local residential streets, also known as minor thoroughfares
or streets, which primarily provide direct vehicular access to abutting
residential property.
Private streets are streets which are owned and maintained by
a homeowners association or property owners association, and which
are not dedicated to the public.
A division or re-division of any tract of land situated within
the City’s corporate limits or its extraterritorial jurisdiction
into two or more parts, lots or sites, for the purpose, whether immediate
or future, of sale, division of ownership, or building development.
“Subdivision” includes re-subdivisions of land or lots
which are part of a previously recorded subdivision.
Improvements built and maintained by the applicant that are
needed to remedy a circumstance that is temporary in nature, such
as a temporary drainage easement or erosion-control device, that will
be removed upon completion of the subdivision or shortly thereafter.
Editor’s note–To prevent future
renumbering of these definitions as new terms are added, the numerical
designation has been omitted at the discretion of the editor and the
terms are now listed in alphabetical order.
(Ordinance adopted 6/14/10)
