ORDINANCE NO. 235
An ordinance prescribing rules and regulations governing plats and subdivisions of land within the corporate limits of the City of Vega and the extraterritorial jurisdiction adjacent thereto; containing certain definitions; providing for a preliminary plat, a final plat, and providing for final approval of subdivisions by sections; prescribing regulations for streets, sidewalks, alleys, curb and gutter work, sanitary sewers and water mains, public utilities, parks and playgrounds; prescribing fees to be charged; providing penalties for the violation of its provisions hereof; repealing all other ordinances in conflict herewith; and providing a saving clause.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VEGA, TEXAS:
1-100 
This ordinance is adopted under the authority of the Constitution and Laws of the State of Texas, including particularly Chapter 231, Acts of the 40th Legislature, Regular Session, 1927, as heretofore or hereafter amended (compiled as Article 974a, V.T.C.S.), and the provisions of Section 4 of the Municipal Annexation Act as heretofore or hereafter amended.
(Ordinance 235 adopted 4/14/87)
2-100 
The purpose of this ordinance is to provide for the orderly, safe and healthful development of the area within the city and within the area surrounding the city and to promote the health, safety, morals and general welfare of the community.
(Ordinance 235 adopted 4/14/87)
3-100 
From and after the passage of this ordinance, all plats and subdivisions of land within the corporate limits of the City of Vega and all plats and subdivisions of land outside the corporate limits of the City of Vega and within one-half mile thereof, and all land outside the corporate limits of the City of Vega that the council may be petitioned to include within the corporate limits of the city by an extension of said corporate limits, shall conform to the following rules and regulations.
3-101 
It is not intended by this ordinance to repeal, abrogate, or in any way impair or interfere with the existing provisions of other laws or ordinances, except those provisions which are in conflict with this ordinance, or with private restrictions placed upon property, deed, covenant or other private agreement. Where this ordinance imposes a greater restriction upon land than is imposed or required by such existing provisions of law, or ordinance, the provisions of this ordinance shall control.
(Ordinance 235 adopted 4/14/87)
4-100 
For the purpose of interpreting this ordinance, certain terms, phrases, and words used herein shall have the meaning hereinafter ascribed to them as follows:
1. 
Alley:
A minor public right-of-way, not intended to provide the primary means of access to abutting lots, which is used primarily for vehicular and utility service access to the back or sides of properties otherwise abutting on a street.
2. 
Building setback line:
The line on a plat delineating the nearest point to which buildings may be located to a street line, alley line or bounding lot line.
3. 
City:
The City of Vega, Texas.
4. 
Commission:
The planning and zoning commission or the planning and zoning board of the City of Vega.
5. 
Council:
Members of the city council of the City of Vega.
6. 
Dead-end street:
A street, other than a cul-de-sac, with only one outlet.
7. 
Engineer:
A person duly authorized under the provisions of the Texas Engineering Registration Act, as heretofore or hereafter amended, to practice the profession of engineering.
8. 
Lot:
An undivided tract or parcel of land having frontage on a public street and which is or in the future may [be] offered for sale, conveyance, transfer or improvements as a building site, which is designated as a distinct and separate tract.
9. 
Local residential or minor street:
A local residential or minor street is a public thoroughfare which is intended primarily to serve as access to residential property within a neighborhood interior or limited residential district and is not aligned or located to attract other than limited local traffic movements.
10. 
Major street:
A major street is a principal traffic artery, more or less continuous across a major portion of the city, which is intended to connect remote parts of the city or area adjacent thereto and which is designated on the major thoroughfare plan of the City of Vega as a major thoroughfare.
11. 
Person:
Any individual, association, firm, corporation, governmental agency or political subdivision.
12. 
Plat:
The map, drawings or chart on which a subdivider’s plan is presented and which he submits for approval and intends to record in final form.
13. 
Replatting (resubdivision):
Replatting is the rearranging of any part of a block, street, or alley of a previously platted subdivision.
14. 
Secondary street:
A secondary street is one which is continuous through several districts and is intended as a connecting street between residential districts and a collector street providing access to major street, business districts or places of employment.
15. 
Street width:
Street width is the shortest distance between the lines which delineate the right-of-way of the street.
16. 
Subdivider:
Any person or agent thereof, dividing or proposing to divide land so as to constitute a subdivision as that term is defined herein, in any event, the term “subdivider” shall be restricted to include only the owner, equitable owner or authorized agent of such owner or equitable owner, of land sought to be subdivided.
17. 
Subdivision:
A division of any tract of land situated within the corporate limits, or within one-half mile of such limits, in two or more parts for the purpose of laying out any subdivision of any tract of land or any addition of any town or city, or for laying out suburban lots or building lots, or any lots, and streets, alleys or parts or other portions intended for public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto for the purpose, whether immediate or future, of creating building sites. Subdivision includes resubdivision, but it does not include the division of land for agricultural purposes in parcels or tracts of five acres or more and not involving the creation of any new street, alley or easement of access.
18. 
Surveyor:
A licensed state land surveyor or a registered public surveyor as authorized by the state statutes to practice the profession of surveying.
19. 
Definitions not expressly prescribed herein are to be construed in accordance with the customary usage in municipal planning and engineering practices.
20. 
Shall, May:
The word “shall” is always mandatory. The word “may” is merely directory.
(Ordinance 235 adopted 4/14/87)
5-100 
It shall be unlawful for any owner or agent of any owner of land to lay out, subdivide, plat or replat any land into lots, blocks and streets within the city, or within a maximum distance of one-half mile of the corporate limits of the city without the approval of the planning and zoning commission and the city council. It shall be unlawful for any such owner or agent to offer for sale or sell property therein or thereby, which has not been laid out, subdivided, platted or replatted with the approval of the planning and zoning commission and the city council of the City of Vega.
5-101 
The city hereby defines its policy to be that the city will withhold all city improvements of whatever nature, including the maintenance of streets and the furnishing of sewage facilities and water service from all additions and subdivisions, the platting of which has not been approved by the planning and zoning commission and the city council of the City of Vega.
5-102 
No street number and no building permit shall be issued for the erection of any building in the city on any piece of property other than the original or resubdivided lot in a duly approved and recorded subdivision without the written approval of the planning and zoning commission and the city council of the City of Vega.
5-103 
The attention of each subdivider is directed to Article 6626 of the Revised Civil Statutes of the State of Texas and amendments, which state in part:
“That in cases of a subdivision or resubdivision of real property no map plat of any such subdivision or resubdivision shall be filed or recorded unless and until the same has been authorized by the Commissioners Court of the county in which the real estate is situated, by order duly entered in the minutes of said court, except in cases of the partition or other subdivision through a court of record; provided that where the real estate is situated within the corporate limits or within the specified extraterritorial jurisdiction* of the corporate limits of any incorporated city or town, the governing body thereof or the City Planning Commission, as the case may be, as provided in Article 974a, Vernon’s Civil Statutes, shall perform the duties hereinabove imposed upon the Commissioners Court.”
*Amended by H.B. 13 Acts of the 58 Legislature, 1963.
(Ordinance 235 adopted 4/14/87)
6-100 
Prior to the filing of a preliminary plat the subdivider shall meet with the city secretary and/or chairman of the Planning and Zoning Commission to acquaint himself with the requirements of the city and the relationship of the proposed subdivision to the comprehensive plan. At such meeting, the density standards, street requirements, utility service and general character of the development may [be] discussed. At the pre-application conference, the subdivider may be represented by his land planner, engineer, or surveyor.
(Ordinance 235 adopted 4/14/87)
7-100 
An application in writing for tentative approval of a preliminary plat along with five prints of the proposed plat shall be filed with the city secretary at least ten days prior to the meeting of the Planning and Zoning Commission at which approval is asked. The preliminary plats shall be submitted by the subdivider or his agent and approved prior to the sale, [or] offering for sale of any lot, tract or building site and approved prior to completion of final surveys of street or lots and of water and sewer mains, and before any map of said subdivision is prepared in form for recording. The planning and zoning commission shall determine whether the preliminary plats are in suitable form for review and shall not receive or consider such plats until and unless submitted in accordance with or are accompanied by the following:
7-101 
A vicinity sketch or a key map at a scale of not more than four hundred feet to the inch for all subdivisions exceeding five acres in size or containing ten or more lots. Such sketch or map shall show existing subdivision, streets, property line and the recorded names of the owners of the adjoining parcels. It shall also show how the streets and alleys connect or relate to streets and alleys in neighboring subdivisions or undeveloped property and the relationship of the development to existing or proposed major and secondary thoroughfares.
7-102 
The preliminary plats shall show the names of the owner and/or subdivider and the name of the engineer, land planner or surveyor responsible for the preparation of the plat.
7-103 
The proposed name of the subdivision (which must not be so similar to that of an existing subdivision as to cause confusion) and names of adjacent subdivisions shall be shown on the plat.
7-104 
Location of boundary lines and width and location of platted streets and alleys within, or adjacent to, the property; physical features of the property, including location of watercourses, ravines, bridges, culverts, present structures and other features pertinent to subdivision; and location and size of any existing utilities. The outline of wooded acres or the location of important individual trees is required. For plats exceeding five acres in gross area contours must be shown at the intervals of two feet. All elevation shown shall be referred to city datum. The acreage of the property is to be indicated.
7-105 
The location and width of the proposed streets, roads, lots, alleys, widening of existing thoroughfares, and other features, and their location in relation to platted streets, alleys and easements in adjacent subdivisions shall be shown. The street layout shall be in conformity with a plan for the most advantageous development of the entire neighborhood area. Whenever the proposed subdivision contains or is adjacent, or parallel to a railroad right-of-way or a major thoroughfare or freeway of expressway standards, provision shall be made for a street approximately parallel to and on each side of such right-of-way at a suitable distance to provide reasonable use of the intervening land. Proposed streets shall be adjusted to the contour of the land so as to provide useable lots and streets of reasonable gradient.
7-106 
The horizontal scale of the preliminary plats shall be less than two hundred feet to the inch and the plats shall also show:
1. 
North point, scale and date.
2. 
The boundary line accurate in scale of the tract to be submitted.
3. 
The names of all proposed streets.
4. 
The layout, number and approximate dimension of all proposed lots or building tracts.
5. 
All parcels of land intended to be dedicated to public use or reserved for the common use of owners of lots or sites in the subdivision.
6. 
Any unusual arrangement of lots, building lines or streets proposed.
7-107 
When unusual grade conditions exist, the City may require profiles and cross-sections sufficient to ascertain that the preliminary proposals will function in accordance with the minimum standards of the City of Vega.
7-108 
A designation shall be shown of the proposed uses of land within the subdivision; that is, the type of residential use, location of business or industrial sites, and sites for churches, schools, parks, or other special uses.
7-109 
The following certificate shall be placed on the preliminary plat.
(1)
Review for preliminary approval.
 
_________________________________________
CITY SECRETARY
__________
DATE
(2)
Approved for preparation of final plat:
 
_________________________________________
CHAIRMAN, PLANNING AND ZONING COMMISSION
__________
DATE
7-110 
A preliminary plat application shall be accompanied by a written statement signed by the subdivider as to the type of street surfacing, drainage, curbs and utility service proposed and all such proposals shall conform to or exceed the minimum standards for such improvements prescribed by the City of Vega.
7-111 
All lots or building sites proposed for residential use shall conform to the minimum area, width and depth standards prescribed by the Zoning Ordinance. Where a community unit development or planned development district is utilized, variations in lots and building sites may be approved, provided such changes do not violate the overall density standards prescribed and are in conformance with the conditions approved for the specific development.
7-112 
After the preliminary plat has been reviewed and has received the preliminary approval of the city secretary and after said preliminary plat has received the approval of the planning [and] zoning commission, such preliminary plat shall be submitted to the city council for their tentative approval. The city council may give its tentative approval to said preliminary plat with or without conditions to be met by the final plat and improvement of the subdivision. The tentative or conditional approval of the preliminary plat by the city council does not constitute acceptance of the subdivision, but is an authorization to proceed with the preparation of the final plat in accordance with the conditions of such approval.
(Ordinance 235 adopted 4/14/87)
8-100 
After the preliminary plat has been tentatively approved by the city council, a final plat in the form of a record plat shall be prepared in accordance with the conditions of approval and submitted to the city secretary for review and transmission to the city council. Five prints of such plat shall be filed in the office of the city secretary at least twenty days prior to the meeting at which final approval is asked. This plat shall be submitted on a scale of one inch to one hundred feet. The final plat shall show or be accompanied by the following information:
8-101 
The name of the owner and/or subdivider and of the licensed land surveyor, or registered engineer responsible for the plat.
8-102 
The name of the subdivision and adjacent subdivisions, the names of streets (to conform whenever possible to existing street names) and numbers of lots and blocks, in accordance with a systematic arrangement. In cases of branching streets, the lines of departure shall be indicated.
8-103 
An accurate boundary survey of the property, with bearings and distances referenced to section lines and established subdivisions, and showing the lines of adjacent lands and the lines of adjacent streets and alleys, with their width and names. Streets, alleys and lot lines in adjacent subdivisions shall be shown in dashed lines.
8-104 
Location of proposed lots, streets, public highways, alleys, parks and other features, with accurate dimensions in feet and decimal factions of feet, with the length of radii and arcs of all curves, all angles, and with all other engineering information necessary to reproduce the plat on the ground. Dimensions shall be shown from all angle points. Contours with a minimum interval of two feet, shall be shown as light, dashed lines. All elevations shown shall be referred to city datum. The contours may be shown on a separate sheet if so desired, but the drawing shall be to the same scale as the plat. All lots or building sites shall conform to the minimum standards for area, width and depth prescribed [by] the Zoning Ordinance for the district or districts in which the subdivision is located.
8-105 
The location of building lines on front and side streets, and the location of utility easements.
8-106 
An instrument of dedication signed and acknowledged by the owner or owners and by all other parties who have a mortgage or lien interest in the property, showing all restrictions, reservations and/or easements, if any, to be imposed and reserved in connection with the addition. Such restrictions shall contain the following provisions, along with any other restrictions which may be imposed:
“No house, dwelling unit or other structure shall be constructed on any lot in this addition by the owner or any other person until:
1. 
Such time as the developer and/or owner has complied with all requirements of this ordinance regarding improvements with respect to the entire block on the street and/or streets on which the property abuts (corner lot shall be regarded as abutting on both intersecting streets adjacent to such lot), including the actual installation of streets with required base and paving, curb, and gutter, drainage structures, storm sewers, water mains, valves, fire hydrants, sewer mains, manholes, cleanouts, lift stations and alleys, all according [to] the specifications of the City of Vega; or
2. 
Until an escrow deposit, sufficient to pay for the cost of such improvements, as determined by the City’s engineer, computed on a private commercial rate basis, has been made with the city accompanied by an agreement signed by the developer and/or owner, authorizing the city to make such improvements at prevailing private commercial rates, or have the same made by a contractor and pay for the same out of the escrow deposit, should the developer and/or owner fail or refuse to install the required improvements within the time stated in such written agreement, but in no case shall the city be obligated to make such improvements itself. Such deposit may be used by the owner and/or developer as progress payments as the work progresses in making such improvements by making certified requisitions to the city’s engineer, supported by evidence of work done; or
3. 
Until the developer and/or owner files a corporate surety bond with the city secretary in a sum equal to the cost of such improvements for the designated area, guaranteeing the installation thereof within the time stated in the bond, which time shall be fixed by the city council of the City of Vega. These restrictions with respect to street and utility improvements are made to insure the installation of such street and utility improvements and to give notice to each owner and to each prospective owner of lots in the subdivision that no house or other building can be constructed on any lot in the subdivision until said street and utility improvements are actually made or provided for on the entire block on the street and/or streets on which the property abuts as described herein.”
8-107 
A certificate of dedication of all streets, public highways, alleys, water and other systems, parks and other land intended for public use, signed by the owner or owners and by all other parties who have a mortgage or lien interest in the property. All deed restrictions that are to be filed with the plat, shall be shown or filed separately.
8-108 
A waiver of claim for damages against the city occasioned by the establishment of grades or the alteration of surface of any portion of existing streets and alleys to conform to the grades established in the subdivision.
8-109 
Receipt showing that all taxes are paid.
8-110 
Certification by a registered engineer or a licensed land surveyor, duly licensed by the State of Texas, to the effect that the plan represents a survey made by him, and that all the necessary survey monuments are correctly shown thereon.
8-111 
The following certificates shall be placed on the plat in a manner that will allow the filling in of the certificates by the proper party.
(1)
RECOMMENDED FOR FINAL APPROVAL:
 
___________________________________________
CITY SECRETARY
__________
DATE
(2)
APPROVED:
 
___________________________________________
CHAIRMAN, PLANNING AND ZONING COMMISSION
__________
DATE
 
(3)
 
 
 
___________________________________________
SUPERINTENDENT OF THE WATER AND SEWER DEPARTMENT
__________
DATE
 
The following certificates shall be placed on the plat after it has been finally approved by the city council:
 
I hereby certify that the above and foregoing plat of __________addition to the City of Vega, Texas, was approved by the City Council of the City of Vega on the _____ day of __________, 20_____.
 
___________________________________________
CITY SECRETARY CITY OF VEGA, TEXAS.
8-112 
Final plats shall be accompanied by plan-profile sheets 24"x36", and plotted to a scale of fifty feet to one inch horizontal and five feet to one inch vertical, for each proposed street in the subdivision, these plan-profiles shall show the right-of-way of the street, size and location of water mains, valves, laterals, and fire hydrants; size and location of sewer mains, manholes, laterals, and cleanouts; and portions of the right-of-way of intersecting streets in the plan portion. The profile portion shall show the existing ground and the proposed grade at six points of cross-section; that is, at the centerline of street right-of-way, the back-of-curb lines, the property lines, and sewer lines, the plan portion shall show the size and location of all drainage structures, storm sewers, curb inlets, etc., and the directions and flow of all stormwater.
8-113 
Final plats shall also include plan-profile sheets 24"x36", and platted to a scale of fifty feet to one inch horizontal and five feet to one inch vertical for each proposed alley in the subdivision, these plan-profiles shall show the right-of-way of the alley and portions of the right-of-way of intersecting streets in the plan portion. The profile portion shall show the existing ground and proposed grade at the centerline of the alley. In extreme grade conditions the profile shall show proposed grades at adjacent property lines. The plan portion shall show alley entrance and exit details and the direction of flow of all stormwater.
8-114 
Typical cross-sections shall be shown of manholes and of the type and width of paving proposed for the streets. Curbs and gutters, pavement types, drainage structure and manhole structure design standards of the City of Vega, in effect at the time of submission of the plat shall be used, subject to the approval of the city’s engineer and city council.
8-115 
North point, scale, and date shall be shown.
8-116 
After approval of the plat one reproducible print or tracing shall be furnished the city secretary complete with all necessary signatures. All figures and letters shown must be plain, distinct, and of sufficient size to be easily read, and must be of sufficient density to make a lasting and permanent record.
8-117 
When more than one sheet is used for a plat, a key map showing the entire subdivision at smaller scale with block numbers and street names, shall be shown on one of the sheets or on a separate sheet of the same size.
8-118 
The engineer or surveyor, responsible for the plat, shall place permanent monuments at each corner of the boundary survey of the subdivision. These monuments shall be a concrete post, four inches in diameter and four feet long, or other such type of monuments as shall be approved by the city’s engineer, the precise point to be indicated on top of the monument. The engineer and/or surveyor shall place iron stakes at each block corner, alley right-of-way corners, and all radius points, angle points and at intermediate point as may be required by the city’s engineer. These monuments shall be a two-inch diameter pipe two feet long or an approved alternate. The engineer and/or surveyor shall place monuments at each lot corner and easement line. These monuments shall be one-half inch diameter and twenty-four inches long, reinforcing bar or pipe. Tops of all monuments shall be set two inches below grade. Locations of monuments, other than lot corners and easement lines shall be shown on the final plat.
8-119 
An owner and/or developer, at his option, may obtain approval of a portion or a section of an addition for which tentative or conditional approval was obtained on a preliminary plat provided he meets all the requirements of this ordinance with reference to such portion or section in the same manner as is required for a complete addition. In the event a subdivision and the final plat thereof is approved by the city council in sections, each final plat of each section is to carry the name of the entire subdivision, but is to be distinguished from each other section by a distinguishing letter, number or subtitle. Block number shall run consecutively throughout the entire subdivision, even though such subdivision may be finally approved in sections.
(Ordinance 235 adopted 4/14/87)
9-100 
Street arrangements: Unless otherwise approved by the city council, provision must be made for the extension of major streets; secondary streets shall be provided for circulation of traffic through the subdivision; and adequate minor or local residential streets provided to accommodate the subdivision.
9-101 
Off-center street intersections will not be approved: All major and secondary streets shall be continuous or in alignment with existing streets, unless variations are deemed advisable by the city council after consideration of recommendations made by the city’s engineer. Curvilinear streets shall be allowed.
9-102 
Curve requirements (other than intersection): Major streets may have a minimum radii at the centerline of eight hundred feet; secondary streets may have a minimum radii at the centerline of three hundred feet; minor or local residential streets may have a minimum radii at the centerline of one hundred and fifty feet unless in special circumstances the city council approves a minor or local residential street with a smaller minimum radii.
9-103 
Street intersection: More than two streets intersecting at one point shall be avoided except where it is impractical to secure a proper street system otherwise. Where several streets converge at one point, setback lines, special rounding or cut-off, of corners and/or a traffic circle may be required to insure safety and facility of traffic movement. Streets are to intersect at 90° but in no case shall they intersect at less than 75°. Major street intersections shall have property line corner radii with a minimum tangent distance of thirty feet. Minor and residential streets shall have as the property line corner, the point of intersection of intersecting streets. Curb radii at intersections shall be twenty feet measured from the back of the curb.
9-104 
Dead-end streets, cul-de-sacs and courts: Courts or places may [be] permitted where the form or contour of the land or the shape of the property makes such street design appropriate. Such cul-de-sacs, courts or places shall provide proper access to all lots and shall generally not exceed four hundred feet in length and a turnaround shall be provided at the closed end which has a minimum right-of-way radius of fifty feet except that if an equally safe and convenient form of paved space is approved by the planning and zoning commission in place of a turning circle, such approved space may be improved as agreed upon.
9-105 
Relation to adjoining streets and land: The system of streets designated for the subdivision, except in unusual cases, must connect with streets already dedicated in adjacent subdivision; and where no adjacent connections are platted, must in general be the reasonable projection of streets in the nearest subdivided tracts and must be continued to the boundaries of the tract subdivided, so that other subdivisions may connect therewith. Reserve strips of land controlling access to or egress from other property or to or from any street or alley or having the effect of restricting or damaging the adjoining property for subdivision purposes or which will not be taxable or accessible for special improvements shall not [be] permitted in any subdivision unless such reserve strips are conveyed to the city in fee simple.
9-106 
Street grades: Major streets may have a maximum grade of five percent, unless the natural topography is such as to require steeper grades, in which case a seven and one-half percent grade may be used for a maximum continuous distance of two hundred feet. Secondary streets may have maximum grade of seven and one-half percent. Minor or local residential streets may have a maximum grade of ten percent. All streets should have a minimum grade of three-tenths of one percent but should this be impractical to attain because of the topography of the land then the street must have a minimum grade of at least fifteen hundredths of one percent. Centerline grade changes with an algebraic difference of more than two percent shall be connected with vertical curves of sufficient length to provide a minimum of six hundred feet sight distance on major streets; four hundred feet sight distance on secondary streets and minor or local residential streets. No vertical curve shall be less than two hundred feet in length. Wherever a cross slope is necessary or desirable from one curb to the opposite curb, such cross slopes shall not be less than three inches in thirty feet nor more than twelve inches in thirty feet.
9-107 
Block lengths and widths: In general, intersecting streets determining block lengths, shall be provided at such intervals as to serve cross traffic adequately and to meet existing streets or customary subdivision practices in [the] neighborhood. Where no existing plats control, the blocks shall not be more than one thousand feet in length nor less than three hundred feet in width except in unusual cases.
9-108 
Street widths: Major streets shall have a minimum dedicated width of eighty feet with a minimum pavement width in accordance with the comprehensive plan standards. Secondary and minor streets shall have a minimum dedicated width of sixty feet, with a minimum paving width of thirty-seven feet from back of curb to back of curb, except that in the case of curvilinear streets such width shall be increased to a width of forty feet from back of curb to back of curb, if required by the city’s engineer in order to provide easy and safe travel on such streets. When the curve is not too sharp, it shall be the policy not to require the additional width in such curvilinear streets.
9-109 
Sidewalks: In residential subdivisions, sidewalks shall be provided and shall not be less than four feet in width; parallel to and not more than two feet above the back of the curb; and be located one foot inside the dedicated street right-of-way. Sidewalks abutting business property shall have a minimum width of ten feet. Parkways shall be excavated or filled to a grade parallel with and be not more than two feet above and shall not be lower than the centerline street grade at the right-of-way line. Landing walks of a width not less than eighteen inches may be installed abutting the rear of the curb.
9-110 
Alleys and alley widths: Alleys shall be provided in all residential areas. Alleys shall also be provided in commercial and industrial districts at least twenty feet in width, unless, due to the nature of the development, the council may require additional alley width. The council may waive this requirement where another definite and assured provision is made for service access such as off-street loading, unloading, and parking consistent with and adequate for the uses proposed. The minimum right-of-way width of an alley shall be twenty feet. Dead-end alleys shall not be permitted, except that the commission may waive this requirement where such dead-end alleys are unavoidable and where adequate turnaround facilities have been provided. Alleys shall be graded for proper drainage and shall be designed to carry surface waters to the nearest practical street, storm drain, or natural watercourse approved as a safe place to deposit such waters. Storm drainageways or easements that cross alleys shall be concreted the full width of such drainageway or easement.
9-111 
Inspections and standards: All construction work, such as street grading, street paving, storm sewers, curb and/or gutter work, sanitary sewers or water mains performed by the owner, developer, or contractor, shall be subject to inspection during construction by the proper authorities of the city and shall be constructed in accordance with the standard specifications approved by the city council, and in accordance with the provisions of the ordinance governing the making of any excavation in streets, avenues or alleys and which are on file in the office of the city’s engineer or the city secretary.
9-112 
Curb and gutter: Curb and gutter shall be required to be constructed on all streets and avenues. Radial curb and gutter shall be constructed at each corner upon each block to which curb and gutter is constructed. Lay down curbs shall be constructed across all alley intersections and concrete drainageways. All curb and gutter and all lay down curbs shall be constructed in accordance with the plans and specifications on file in the office of the city’s engineer.
9-113 
Street standards: Construction of all streets and approval by the proper authorities of the City of Vega shall be mandatory before street paving is accepted for maintenance by the City of Vega. All street paving within subdivisions shall conform to the street paving specifications of the City of Vega which are currently in effect.
9-114 
Street posts and markers: All street posts and markers shall be furnished and installed by the City of Vega.
9-115 
Excavation and grading: All excavation and grading shall be so designed and performed to carry surface waters to the nearest practical street, storm drain or natural watercourse and shall be done according to the current standards on file with the city’s engineer[.] All persons performing any excavation or grading operations shall put into effect all safety precautions which are necessary and shall provide adequate anti-erosion and/or drainage devices, debris basin, or other safety devices to protect life, limb, health, and welfare of private and public property of others from damage of any kind.
9-116 
Storm drainage requirements: Drainage structures shall be constructed in such locations and of such size and dimensions to adequately serve the subdivision and the contributing drainage area. In new subdivisions, the developer shall provide all the necessary easements and rights-of-way required for drainage structures, including storm sewer and open lined channels. Easement width for storm sewer pipe shall not be less than ten feet, and easement width for open or lined channels shall be at least fifteen feet wider than the top of the channel, ten feet of which shall be on one side to serve as an access for maintenance purposes. Design flow of storm drainage water is to be calculated in accordance with the standards of the drainage plan for Vega. The design, size, type and location of all storm drainage facilities shall be approved by the appropriate authorities of the City of Vega.
9-117 
Open or lined drainage ditches: Open and/or lined drainage ditches, as required by the city planning and zoning commission or the city council shall be constructed across the entire area of each subdivision being developed. All open and/or lined channels shall have a minimum bottom width of eight feet and a depth based on maximum design flow. Side slopes of channels shall not be steeper than one foot vertical rise to three feet horizontal distance.
9-118 
Storm sewer: Water in excess of what gutter and street right-of-way will carry at maximum design flow, shall be diverted into storm sewers or channels.
(Ordinance 235 adopted 4/14/87)
10-100 
Water and sewer and other utilities: The owner and/or developer of the subdivision or addition shall complete a written agreement with the City of Vega, covering the installation of necessary water and sewer facilities to properly serve the immediate development proposed. No water and sewer connections shall be made by the City of Vega until the requirements as to the installation of water and sewer mains have been complied with in the block facing the street on which the property is situated.
10-101 
Water distribution system: The minimum size line shall be six inches, the maximum length of six-inch line shall be determined by the city’s engineer. Pipe, valves, fittings and all appurtenances shall be of the type and material as specified by the city’s engineer. Water mains serving fire hydrants shall be six inches, with a six-inch valve adjacent to the fire hydrant. Water distribution systems shall be designed in accordance with applicable state standards.
10-102 
Fire hydrants: Fire hydrants shall be required to be installed in all subdivisions. Fire hydrants shall conform with the minimum requirements of the applicable state standards and as approval of the city’s engineer [sic]. Fire hydrants shall be placed in accordance with applicable state standards[.]
10-103 
Sewage collection system: The minimum size sewer line shall be six inches and shall be of cast iron or vitrified clay tile or as approved by the city’s engineer. Sewage collection systems shall be designed in accordance with the applicable state standards and as approved by the city’s engineer. Manholes shall be constructed with materials approved by the city’s engineer. Manholes shall have a minimum diameter at the bottom of four feet and a minimum diameter at the top of two feet. A cast iron manhole ring and cover shall be installed and the type used shall be approved by the city’s engineer. Drop manholes will be permitted only upon the approval of the city’s engineer. Manholes shall be located a minimum distance of four hundred feet apart. All sewer mains shall be inspected by the City of Vega prior to backfill of ditches. Cleanouts shall be provided at the end of each sewer main and shall be installed on a forty-five degree bend, no wyes will be permitted. Inverted siphons systems will not be permitted. Lift stations, when required, shall be designed in accordance with the City of Vega specifications and shall be approved by the city’s engineer.
10-104 
Proposed subdivision where city water is not available: In a proposed subdivision where city water is not available, city water shall be extended to the subdivision and the subdivider shall be required to construct the necessary water supply system in such a manner that an adequate supply of potable water will be available to every lot in the subdivision at the same time improvements are erected thereon. The adequacy, healthfulness and potableness of the water supply shall be subject to the approval of the Health Department. All construction shall be subject to the approval of the City.
10-105 
Proposed subdivision where public sewers not accessible: In proposed subdivisions beyond the city limits and where public sanitary sewers are not accessible, the subdivider may be required to install sewer lines to conform with future plans for connection with the public sanitary sewers. Where the installation of sanitary sewers is not required, the subdivider shall install individual disposal devices for each lot at the same time improvements are erected thereon. Any such individual sewage disposal system shall be constructed in accordance with the Health Department specifications and subject to the approval of the City.
10-106 
Guarantee for construction or maintenance of streets and water and sewer facilities: Approval of the plat shall not impose any duty upon the city concerning the maintenance of improvements of any such dedicated parts until the proper authorities of the city shall have made acceptance on the same by entry, use or improvement.
10-107 
Replatting: Any replatting of any existing subdivision or any part thereof shall meet the requirements provided for herein for a new subdivision. Changes in lot sizes from those indicated on the final plat as approved by the city council shall not be made without the approval of the city council; no permit for the construction of any building shall be issued until approval has been obtained. In no case will lot sizes smaller than the minimum set forth in the Zoning Ordinance of the City of Vega be permitted.
10-108 
Advice and cooperation: Advice and cooperation in the preparation of plats will be freely given by the city secretary and the planning and zoning commission.
10-109 
Land controlling access to public ways: No subdivision or addition showing reserve strips of land controlling the access to public ways or adjoining properties will be approved.
10-110 
Where plats are presented for approval which adjoin unplatted property, the owner and/or developer of the proposed subdivision shall provide his pro-rata part of the boundary streets.
10-111 
The final approval of a final plat of a subdivision shall be invalid unless such approved plat of such subdivision is recorded in the office of the County Clerk of Oldham County, Texas, within thirty days after the date of its final approval by the city council.
10-112 
Permits and utility connections: No building permit nor any water, sewer, plumbing or electrical connections shall be issued by the city to the owner or any other person with respect to any property in any subdivision covered by this ordinance until:
1. 
Such time as the developer and/or owner has complied with the requirements of this ordinance and the final plat regarding improvements with respect to the block facing the street and/or streets on which the property abuts, including the installation of streets with proper base and paving, curb and gutter and alleys, all according to the specifications of the City of Vega; or
2. 
Until an escrow deposit sufficient to pay for the cost of such improvements as determined by the city’s engineer computed on a private commercial rate basis has been made with the city accompanied by an agreement signed by the developer and/or owner authorizing the city to make such improvements at prevailing private commercial rates or have the same made by a private contractor and pay for the same out of the escrow deposit, should the developer and/or owner fail or refuse to install the required improvements within the time stated in such written agreement, but in no case shall the city be obligated to make such improvements itself. Such deposit may be used by the owner and/or developer as progress payments as the work progresses in making such improvements by making certified requisitions to the city’s engineer supported by evidence of work done; or
3. 
Until the developer, and/or owner files a corporate surety bond with the city in a sum equal to the cost of such improvements for the designated area guaranteeing the installation thereof within the time stated in the bond, which time shall be fixed by the city council.
(Ordinance 235 adopted 4/14/87)
11-100 
Generally, the city council may authorize a variance from these regulations when, in its opinion, undue hardships may result from strict compliance. In granting variances, the city council shall prescribe only conditions that it deems necessary to, or desirable for the public interest. In making its findings, as required hereinbelow, the city council shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the council finds that there are special circumstances or conditions affecting said property such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of the land; that the variance is necessary for the preservation and enjoyment of substantial property right of the petitioner; that the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated.
(Ordinance 235 adopted 4/14/87)
12-100 
The standards and requirements of these regulations may be varied or modified by the city council after study and recommendation by the planning and zoning commission in order to encourage a complete or unique residential, industrial or commercial development. Full consideration shall be given to adequate public spaces, traffic circulation, recreation, light, air and other service needs of the development when fully developed. Deed restrictions, covenants or other legal provisions may be imposed by the developer to assure the general character proposed.
(Ordinance 235 adopted 4/14/87)
13-100 
An industrial or commercial subdivision shall be processed for approval in the same manner as provided for a residential subdivision except that no individual lots need to be shown on such plat and only streets, blocks, easements and minimum building lines need be indicated. The minimum right-of-way width of a minor street in an industrial or commercial subdivision shall be eighty feet and all other streets shall conform to the standards for major and secondary streets prescribed by the comprehensive plan.
(Ordinance 235 adopted 4/14/87)
14-100 
The city secretary and city’s engineer is hereby authorized and directed to promulgate rules, regulations, standards and specifications for the construction, installation, design, location and arrangement of streets, curbs, streetlights, street signs, alleys, utility layouts, utility easements, gates for utility easements, sidewalks, water supply and water distribution systems, fire hydrants, sewage disposal systems, septic tanks, water wells, monuments, criteria for drainage easement requirements, drainage facilities, and excavation and grading. The same shall be submitted to the city council for their approval and then shall be filed with the city secretary at least thirty days before they become effective. The city secretary and/or city’s engineer may amend the same from time to time, provided that an amendment must first be approved by the city council and filed with the city secretary at least thirty days before it becomes effective. No such rules, regulations, standards and specifications shall conflict with this or any other ordinances of the City of Vega. All such improvements shall be constructed, installed, designed, located and arranged by the subdivider in accordance with such rules, regulations, standards and specifications.
(Ordinance 235 adopted 4/14/87)
15-100 
The following schedule of fees and charges shall be paid into the general fund of the City of Vega when any map or plat is tendered to the planning and zoning commission and shall be paid in advance, and no action of the planning and zoning commission shall be valid until the fee shall have been paid:
1. 
Preliminary Plats: $125.00
2. 
Final Plats: $200.00
(Ordinance 235 adopted 4/14/87)
16-100 
Any person violating this ordinance or any portion thereof shall upon conviction be guilty of a misdemeanor and shall be fined not less than twenty-five dollars nor more than two hundred dollars and each day that such violation continues shall be considered a separate offense and punishable accordingly.
(Ordinance 235 adopted 4/14/87)
17-100 
If any section or part of any section or paragraph or sentence of this ordinance is declared invalid or unconstitutional for any reason it shall not be held to invalidate or impair the validity, force or effect of any other section or paragraph or sentence of this ordinance.
(Ordinance 235 adopted 4/14/87)
18-100 
All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed.
(Ordinance 235 adopted 4/14/87)