[1]
Editor’s note–This article consists
of the subdivision ordinance of the city, adopted by Ordinance 1233
adopted January 19, 2023. This ordinance previously derived from Ordinance
975 adopted May 24, 2001. Style, capitalization and formatting have
been changed to be consistent with the remainder of the Code of Ordinances,
and this will be maintained in future amendments to this article.
Subsequent amendments will be inserted in their proper place and denoted
by a history note following the amended provisions. Obviously misspelled
words have been corrected without notation. Except for these changes,
such ordinance is printed herein as enacted and amended. Any other
material added for purposes of clarification is enclosed in brackets.
This chapter is adopted under the authority of the Constitution
and laws of the state, including chapter 212, "Municipal Regulation
of Subdivisions and Property Development," Local Government Code,
being Tex. Loc. Gov't Code §§ 212.001 et seq.,
as heretofore or hereafter amended, to promote health, safety, and
morals, and for the protection and preservation of places and areas
of historical and cultural importance and significance, and the general
welfare of the community.
(Ordinance 1233 adopted 1/19/2023)
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 of extraterritorial jurisdiction surrounding the city, and
to promote the health, safety, morals, and general welfare of the
community. Hereafter every owner or subdivider of any tract of land
situated within the corporate limits of the city or within the extraterritorial
jurisdiction of the city who may seek to subdivide the same into two
or more parts for the purpose of creating a building lot or lots or
for the purpose of laying out any subdivision of the city or any additions
thereto shall comply with the provisions of this article. Such purpose
is to be promoted by provisions designed to:
(1)
Restrict or prohibit the subdivision of lands for uses which
are dangerous to public health, safety or welfare; or which would
jeopardize property in times of flood; or which, with reasonably anticipated
improvements, would cause excessive increases in flood heights or
velocities.
(2)
Protect individuals from buying lands which are unsuitable for
intended purposes because of flood hazards by prohibiting the subdivision
of unprotected flood hazard lands, requiring that flood hazard areas
be delineated on the final plat, and areas not suitable for development
be subject to deed restrictions.
(3)
Guide and assist subdivider/developers in correct, expeditious
procedures to be followed and to inform them of the general standards
which shall be required.
(4)
Protect the public interest by controlling the location, design,
class and type of streets, sidewalks, utilities and other essential
services required in the public interest and/or necessity.
(5)
Provide for the public welfare in those essential areas required
for living, educational, recreational, industrial and commercial purposes.
(Ordinance 1233 adopted 1/19/2023)
(a)
Interpretation.
In their interpretation and application,
the provisions of this ordinance shall be held to be minimum requirements
and shall be liberally construed in favor of the governing body and
shall not be deemed a limitation or repeal of any other powers granted
by state statutes.
(b)
Planned unit development.
Upon application by a developer-subdivider, upon review and comment by the city staff as hereafter provided for, and upon review by the commission, the governing body may modify or waive design standards set forth in this ordinance when such developer-subdivider intends and formally applies to utilize the "planned unit (or clustered) development" concept for the development of a parcel(s) of land. The granting of a waiver or modification under this section shall not violate the purpose or objectives of this ordinance and shall not be considered as a variance as covered in section 10.02.006. The minimum size for a planned unit development project shall be five (5) acres.
(c)
Engineering design standards and specifications.
Reserved.
(Ordinance 1233 adopted 1/19/2023)
For the purpose of this ordinance, the following terms, phrases,
words, and their derivations shall have the meaning ascribed to them
in this section.
The written notification from the city engineer to the developer
which constitutes the city's acceptance for the ownership and
maintenance of the community facilities or public improvements after
the facilities are constructed and approved. The acceptance shall
not constitute a waiver of any warranties for materials or workmanship
either expressed or implied.
The owner of the property that shares a property line with
the subject property or abuts the opposite side of a right-of-way.
The person designated by the mayor to administer and coordinate
the provisions of this ordinance.
A way which extends only secondary means of access to abutting
property; a minor public right-of-way, not intended to provide the
primary means of access to abutting lots and which is used primarily
for vehicular service access to the back or sides of properties otherwise
abutting on a street.
Plans of record that include any significant changes that
occurred during construction from the plans as they were originally
approved by the city engineer.
A piece or parcel of land composed of two or more lots with
each lot having access to a public street, road, railroad right-of-way,
or a combination thereof.
The line within a property defining the minimum permissible
horizontal distance between a building and the adjacent street right-of-way
line.
The City of Coleman, Texas.
The planning and zoning commission or committee of the city.
The most current comprehensive plan is a statement of official
public policy containing the goals and objectives of the community,
the capital improvements program, plan for public utilities systems,
the land use plan, the major thoroughfare plan, the community facilities
plan, flood management program, the subdivision and zoning regulations,
and other development codes, ordinances, policies, and plans promulgated
by the city council for the quality and orderly growth of the community.
A public right-of-way, 6 feet or more in width between property
lines, which provides pedestrian circulation.
A street having but one outlet to another street, and terminated
on the opposite end by a vehicular turnaround.
A street, other than a cul-de-sac, with only one outlet.
A person, firm, corporation or other legal entity, or his
designee undertaking construction of private or public improvements
to property. This includes any facilities which will be dedicated
to the public or any private construction which requires a building
permit.
A grant by the property-owner to the public, a corporation,
or persons of the use of a strip of land for specific purpose.
A person duly authorized under the provisions of the Texas
Engineering Registration Act, as heretofore or hereafter amended,
to practice the profession of engineering.
Any barrier constructed for the purpose of separating parcels
of land.
The state mandated thirty (30) day period for action on any
document submitted in accordance with this ordinance under section
212.009 Texas Local Government Code shall begin when,
The preliminary plat is deemed filed when all fees, documents,
drawings and approvals required hereunder are filed with the city
secretary;
The final plat is deemed filed when the approved preliminary
plat along with any stipulations and/or conditions required by the
commission have been filed with the city secretary as a final plat
with all necessary fees, documents, certifications and drawings required
hereunder are in the possession of the city secretary; and
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If at any time the city secretary deems that required information
has not been provided for whatever reason, the filing shall be deemed
canceled and begin again upon the filing of the required information.
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The city council of the city.
An undivided tract or parcel of land smaller than five (5)
acres having its principal frontage on a public street or officially
approved open space, and which is, or in the future may 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 a symbol in a duly approved subdivision plat which
has been properly filed on record.
The portion of a street available for vehicular traffic;
where curbs are laid, it is the portion between the back of the curbs.
Any individual, partnership, association, firm, corporation,
governmental agency, or political subdivision.
A line on a plat parallel, or nearly so, to the street right-of-way,
indicating the limit beyond which buildings, structures or fences
may not be erected.
The word "shall" is always mandatory. The word "may" is discretionary.
Any public thoroughfare or right-of-way, dedicated to the
public and not designated as an alley, which provides vehicular access
to adjacent land.
An arterial street primarily provides movement and vehicular
circulation to various sections of the city.
A collector street primarily provides both movement and access,
carrying traffic from local streets to arterial streets or carrying
traffic through or to adjacent commercial or industrial areas.
A local street is one which is used primarily for access to
abutting properties.
A marginal access street is a street which is parallel to and
adjacent to an arterial street or highway and primarily provides access
to abutting properties and protection from through traffic.
A half street means a right-of-way dedicated for a new street
by a developer along such developer's perimeter property line
equal to only one-half of the total right-of-way width required by
this code. Dedication of a "half street" presumes future dedication
of a corresponding amount of right-of-way from adjoining land in order
to provide the total right-of-way required for a proposed street.
The dedication of additional right-of-way along an existing street
is not considered a "half-street."
Anything constructed or erected on the ground including but
without limitation to buildings, factories, sheds, cabins, mobile
homes, open carports and other similar items.
Any person or any 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.
The division of a lot, tract or parcel of land (situated
either within the corporate limits or within the city’s statutory
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 that property-related
action legally described by metes and bounds, lot and block number,
or other comparable method and includes the re-subdivision of land
or lots which are part of a previously recorded subdivision, but it
does not include the division of land for agricultural purposes in
parcels or tracts of five (5) acres or more and not involving any
new street, alley, or easement of access.
A licensed state land surveyor or a registered public surveyor,
as authorized by the state statutes to practice the profession of
surveying.
Any office referred to in this ordinance by title means the
person employed or appointed by the city in that position, or his
duly authorized representative(s). Definitions expressly prescribed
herein are to be constructed in accordance with the planning ordinance,
if any, or other applicable ordinance of the city, or in the absence
of such ordinances, then in accordance with customary usage in municipal
planning and engineering practices.
(Ordinance 1233 adopted 1/19/2023)
The following sequence (i.e., "steps") of events is required
for all subdividing and land development.
(1)
The developer and staff hold a pre-application conference.
(2)
The developer submits preliminary plat along with the application
and filing fee.
(3)
The commission reviews the preliminary plat.
(4)
The preliminary plat is approved by commission. If disapproved,
return to step 1.
(5)
The preliminary plat is approved by city council. If disapproved,
return to step 1 above.
(6)
The preliminary plat is filed with the city secretary.
(7)
The developer submits a final plat on a portion of the preliminary
plat along with the application and filing fee.
(8)
The commission approves the final plat. If disapproved, return
to step 2.
(9)
City council approves the final plat and accepts dedication
of rights-of-way and easements. If disapproved, return to step 7.
(10)
The city engineer approves the engineering plans and specifications
for the entire final plat; if disapproved, the plans and specifications
shall be corrected and resubmitted. If the final plat is not filed
of record, and the final plat does not include sufficient right-of-way
and easements for the engineering plans to conform to this chapter,
then return to step 7.
(11)
The developer submits the required bonds, inspection fee and
a copy of the construction contract(s) for all phases of the construction
on the engineering plans to include excavation, the placement of underground
utilities and storm drainage, and street improvements, and the developer
attends the preconstruction conference.
(12)
The city files the plat in the plat records at the county clerk's
office of the county courthouse.
(Ordinance 1233 adopted 1/19/2023)
(a)
No permit shall be issued by the city for the installation of
septic tanks upon any lot in a subdivision unless such septic tank
system meets requirements applicable to state law applied to local
conditions.
(b)
No building, repair, plumbing, electrical or similar permit shall be issued by the city for any structure on a lot in a subdivision for which a final plat has not been approved and filed for record, nor for any structure on a lot with in a subdivision in which the standards contained herein have not been complied with in full, except as provided for in section 10.02.006 of this ordinance.
(c)
The city shall not repair, maintain, install or provide any
streets or public utility services in any subdivision for which a
final plat has not been approved and filed for record, nor in which
the standards contained herein or referred to herein have not been
complied with in full.
(d)
The city shall not sell or supply any water or sewerage service
within a subdivision for which a final plat has not been approved
or filed for record, nor in which the standards contained herein or
referred to herein have not been complied with in full.
(e)
On behalf of the city, the city attorney shall, when directed
by the governing body, institute appropriate action in a court of
competent jurisdiction to enforce the provisions of this ordinance
or the standards referred to herein with respect to any violation
thereof which occurs within the extraterritorial jurisdiction of the
city as such jurisdiction is determined under chapter 212, subchapter
A of the Texas Local Government Code, or within any area subject to
all or a part of the provisions of this ordinance.
(f)
If any subdivision exists for which a final plat has not been
approved or in which the standards contained herein or referred to
herein have not been complied with in full, the governing body of
the city shall pass a resolution reciting the fact of such noncompliance
or failure to secure final plat approval. Said resolution shall recite
the fact that the provisions of paragraphs (a) to (d) of this section
apply to the subdivision and the lots therein.
The city secretary shall, when directed by the governing body,
cause a certified copy of such resolution under the corporate seal
of the city to be filed in the deed records of the county or counties
in which such subdivision or part thereof lies. If full compliance
and final plat approval are secured after the filing of such resolution,
the city secretary shall forthwith file an instrument in the deed
records of such county or counties stating that paragraphs (a) to
(d) no longer apply.
(g)
Provided, however, that the provisions of this section shall
not be construed to:
(1)
Prohibit the issuance of building, repair, plumbing, or electrical
permits with respect to any lots or building tract;
(2)
Prohibit the repair, maintenance, or installation of any street
or building;
(3)
Prohibit the repair, maintenance, or installation of any street
or public utility service; for, to, or abutting any lot, in these
instances: where the last recorded conveyance of such lot or tract
prior to passage of this ordinance was by metes and bounds; or where
a building is in existence on said lot prior to passage of this ordinance;
or where such subdivision, whether by recorded plat or by actual occupancy
and use, was in existence prior to the passage of this ordinance.
(h)
Land suitability.
(1)
No land shall be subdivided which is held unsuitable for its
intended use by the city for reason of flooding, inadequate drainage,
soil and rock formations with severe limitations for development,
susceptibility to mudslides or earthslides, severe erosion potential,
unfavorable topography, inadequate water supply or sewage disposal
capabilities or any other feature harmful to the health, safety or
welfare of the future residents of the proposed subdivision or community.
(2)
However, the governing body may approve the preliminary and final plats if the subdivider improves the land consistent with the standards of this and other applicable ordinances to make the area, in the opinion of the governing body suitable for its intended use. The governing body may also approve the preliminary and final plats if the subdivider agrees, in writing, to make suitable improvements and places a sum in escrow pursuant to section 10.02.011 of this article to guarantee performance.
(3)
In determining the appropriateness of land subdivision at the
site, the governing body shall consider the stated purpose and objectives
of this ordinance, and
(A)
The danger to life and property due to the increased
flood heights or velocities caused by subdivision fill, roads, and
intended uses.
(B)
The danger that intended uses may be swept on to
other lands or downstream to the injury of others.
(C)
The proposed water supply and sanitation systems
and the ability of these systems to prevent disease, contamination
and unsanitary conditions including flood conditions.
(D)
The susceptibility of the proposed facility and
its contents to flood damage and the effect of such damage on the
individual owner.
(E)
The importance of the services provided by the
proposed facility to the community.
(F)
The availability of alternative locations not subject
to flooding for the proposed subdivision and land use.
(G)
The compatibility of the proposed uses with existing
development and development anticipated in the foreseeable future.
(H)
The relationship of the proposed subdivision to
the most current comprehensive plan and flood plain management program
for the area.
(I)
The safety of access to the property in times of
flood and other natural disasters and emergencies for emergency vehicles.
(J)
The expected heights, velocity, duration, rate
of rise and sediment transport of the flood waters expected at the
site.
(i)
Approval required.
All plans, plats or re-plats
of land laid out in building lots and for streets, alleys, or other
portions of the same intended to be dedicated for public use, or for
the use of purchasers or owners of the lots fronting thereon or adjacent
thereto, and plans and descriptions of all streets, alleys, or public
ways intended to be deeded or dedicated for public use, or for the
use of purchasers or owners of the land fronting thereon or adjacent
thereto, which is not intended to be platted into lots or other designated
tracts, and any addition or plan of streets or public ways, located
outside the city limits, within the county and entirely or in part
within the statutory extraterritorial jurisdiction of the city shall
be submitted to the commission for their consideration with relation
to the most current comprehensive plan. Said commission shall submit
their recommendation on the above items to the governing body for
their official consideration and action. No such plat or replat or
dedication or deed of street or public way shall be filed with the
county clerk as provided by law until such plat or replat or dedication
or deed shall have endorsed on it the fact that it has first been
submitted to the commission and to the governing body, and by said
governing body been duly approved.
(j)
A preliminary plat of any proposed subdivision shall be submitted
to the commission and governing body for approval before the subdivider
proceeds with the preparation of the final plat for record.
(k)
All construction work, such as street paving, storm sewers,
curb and/or gutter work, sanitary sewers, water mains, and electrical
construction performed by the owner, developer or contractor, shall
be subject to inspection during construction by the proper authority
of the city and shall be constructed in accordance with appropriate
provisions of this and other applicable ordinances and public engineering
standards.
(l)
Large lot estate subdivision.
Large lots with
wide frontage result in less drainage and traffic demands than single-family
residential developments consisting of small lots with narrow frontages
and widths. Therefore, the facility requirements and public impacts
of the larger, "estate-type" single-family residential developments
are less intensive. Residential developments undertaken pursuant to
this section shall conform to the following provisions and are considered
exempt from conflicting provisions in this ordinance.
(1)
Definition.
A large lot subdivision is defined
as a subdivision in which the minimum lot size is one acre and minimum
street frontage for any lot is sixty (60) feet with a minimum lot
width of one hundred twenty (120) feet at the building setback line.
(2)
Lot standards.
(A)
The minimum lot area shall be one (1) acre when
a municipal sanitary sewer system is available to service a lot. If
no municipal sanitary sewer system is provided to service a lot, the
minimum lot size shall be one and one-half (1.5) acres.
(B)
The building setback requirements shall be forty
(40) feet for the front yard, twenty (20) feet for the back yard,
and ten (10) feet for the side yard.
(3)
Utilities.
(A)
If municipal water or sewer utilities of sufficient
capacity are available within two thousand (2,000) feet of the proposed
site, the subdivider or developer shall be required to extend the
utilities to the site and make them available to every lot in the
development.
(B)
In all other cases, water wells and septic systems
constructed in the subdivision must be in conformance with the rules
and regulations of the Texas Commission on Environmental Quality,
the Texas Department of Health and the county.
(m)
Applicability of other provisions in this ordinance.
All other provisions of this ordinance which are not in conflict
with the specific provision of this section shall be considered applicable
to large lot estate subdivisions.
(Ordinance 1233 adopted 1/19/2023)
(a)
The commission may recommend and may authorize a variance from
this ordinance when, in its opinion undue hardship will result from
requiring strict compliance. In granting a variance, the commission
shall prescribe only condition that it deems necessary or desirable
in the public interest. In making the findings required herein, the
commission shall take into account the nature of the proposed use
of the land involved, existing uses of land in the vicinity, the number
of persons who will reside or work in the proposed subdivision, and
the probable effect of such variance upon traffic conditions and upon
the public health, safety, convenience and welfare in the vicinity.
(b)
No variance shall be granted unless it is found that all of
the following apply:
(1)
There are special circumstances or conditions, including unique
topography, affecting the land involved such that the strict application
of the provisions of this ordinance would deprive the applicant of
the reasonable use of his land; and
(2)
The variance is necessary for the preservation and enjoyment
of the legal property rights of its owner; and
(3)
The purposes and intent of this ordinance are observed; and
(4)
There is no increase in the flood hazard or flood damage potential;
and
(5)
The granting of the variance will not be detrimental to the
public health, safety, or welfare, or injurious to the legal rights
to other property in the area; and
(6)
The granting of the variance will not prevent the orderly subdivision
of other land in the area in accordance with the provisions of this
ordinance. Such findings, together with the specific facts upon which
such findings are based, shall be incorporated into the official minutes
of the commission's meetings at which such variance is recommended
and granted. Variance 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. Financial
hardship to the subdivider, standing alone, shall not constitute undue
hardship.
(Ordinance 1233 adopted 1/19/2023)
(a)
General.
The intent of a preliminary plat is to
seek the permission and advice of the commission to subdivide a tract
or tracts of land. A preliminary plat is intended to show how the
owner/developer plans to lay out lots, streets, easements, and the
like and gain concurrence from the commission prior to the preparation
of a final plat. A preliminary plat generally will be required when
any unplatted properties are intended to be subdivided. Preliminary
plats will also be required when previously platted properties are
to be materially altered or changed. Contours will be required on
all preliminary plats in order to show the lay of the land and to
show any existing water courses that might be present on the property.
The subdivider shall cause to be prepared a preliminary plat by a
surveyor or engineer in accordance with this ordinance; (plat may
be prepared in conjunction with a land planner). The utility, drainage
and street plans for the subdivision (preliminary and final plats)
shall be prepared and certified by a professional engineer.
(b)
Time for filing and copies required.
The subdivider
shall file six (6) blue or black line copies of the plat together
with a reproducible copy of the original, with the city secretary
at least fifteen (15) days prior to the date of the next regularly
scheduled commission meeting. The state mandated thirty (30) day period
for action on any document submitted in accordance with this ordinance
under section 212.009 Texas Local Government Code shall begin when:
(1)
The preliminary plat is deemed filed when all fees, documents,
drawings and approvals required hereunder are filed with the city
secretary;
(2)
The final plat is deemed filed when the approved preliminary
plat along with any stipulations and/or conditions required by the
commission have been filed with the city secretary as a final plat
with all necessary fee, documents, certifications and drawings required
hereunder are in the possession of the city secretary; and
(3)
If at any time the city secretary deems that required information
has not been provided for whatever reason, the filing shall be deemed
canceled and begin again upon the filing of the required information.
(c)
Filing fees.
Such plat (both preliminary and final)
shall be accompanied by a filing fee in an amount as determined by
resolution of the governing body. No action by the governing body
shall be valid until the filing fee has been paid. This fee shall
not be refunded should the subdivider fail to make formal application
for preliminary plat approval or should the plat be finally disapproved
by the governing body.
(d)
Formal application.
Formal application for preliminary
plat approval shall be made by the subdivider in writing to the governing
body at an official public meeting.
(e)
Form and content.
(1)
The plat shall be drawn to a scale of 200 feet to one (1) inch
or to such a scale that it can be read easily as determined by the
administrator. When more than one sheet is necessary to accommodate
the entire area, an index sheet showing the entire subdivision at
an appropriate scale shall be attached to the plat. The least or smallest
dimension of such drawings shall not exceed 24 X 36 inches and shall
include the following:
(A)
Proposed name of the subdivision, which shall not
have the same spelling as or be pronounced similar to the name of
any other subdivision currently located within the city or within
the extraterritorial jurisdiction of the city.
(B)
Names and land use of contiguous subdivisions,
and the owners of contiguous parcels of unsubdivided land, and a statement
with appropriate references as to whether or not contiguous properties
are platted and how they are used.
(C)
Description, by metes and bounds, of the subdivision
boundaries.
(D)
Primary control points locations shall be shown.
Descriptions and ties to such control points from which all dimensions,
angles, bearings, block numbers, and similar data are referenced shall
be shown. Such control point designations shall meet all requirements
of the appropriate state statutes.
(E)
Subdivision boundary lines should be indicated
by heavy lines, and the acreage of the subdivision shown.
(F)
Existing conditions as follows:
(i)
The exact location, dimensions, name and description
of all existing and/or recorded streets, alleys, reservations, easements,
or other public rights-of-way (including both public and private utility
lines) within the subdivision, intersecting or contiguous with its
boundaries or forming such boundaries.
(ii)
The exact location, dimensions, description, and
flow line of existing water courses and drainage structures within
the subdivision or on contiguous tracts.
(iii)
Proposed land use of each subdivided parcel.
(iv)
Flood hazard areas and explanatory notes.
(G)
The exact location, dimensions, description, and
name of all proposed streets, street grades and cross sections, alleys,
drainage structures, parks, other public areas, reservations, easements,
or other rights-of-way, blocks, lots and other sites within the subdivision.
(H)
Date of preparation; actual and graphic scale of
plat; and north arrow.
(I)
Draft of proposed restrictive covenants (if any)
to be imposed; areas subject to special restrictions shall be described
and mapped.
(J)
A number or letter to identify each lot or site
on each block.
(K)
Building setback lines on fronts of all lots and
sites. Side yard building setbacks lines at street intersections and
crosswalk ways.
(L)
Topographic information shall include contour lines
on a basis of: five (5) vertical feet in terrain with a slope of two
(2) percent or more, one (1) vertical foot in terrain with a slope
of less than two (2) percent, and one-half (1/2) vertical foot in
terrain of less than one (1) percent.
(M)
Proposed fill or other structure-elevating techniques,
levees, channel modifications, and other methods to overcome flood
or erosion-related hazards.
(N)
Designation of all land to be reserved or dedicated
for open space or recreational use where deemed essential by the planning
commission upon consideration of the type of development proposed
in the subdivision. This dedication shall occur within forty-five
days from the submittal of the preliminary plat.
(O)
Vicinity sketch or map, at some appropriate scale,
which shall clearly show existing subdivisions, street easements,
rights-of-way, parks and public facilities of water, and possible
storm sewer, water, gas, electric, and sanitary sewer connections
by owner.
(P)
Soil information which shall show characteristics
for soil bearing, shrink/swell, permeability, percolation, and other
pertinent aspects which could affect development of the subdivision.
(2)
At the request of the city staff, the commission or the governing
body, the subdivider may be required to provide the following additional
information on the preliminary plat:
(A)
Preliminary plan of any required on-site waste
disposal systems including disposal sites for lands subject to flooding
or sanitary sewers with grade, pipe size, and points of discharge.
(B)
Conceptual sketch of development of dedicated park
sites.
(C)
Conceptual sketches for structural and land use
arrangement(s) proposed on the property and/or individual lots.
(f)
Processing of preliminary plat.
(1)
The city staff, as specified hereafter, shall check the preliminary
plat as to its conformity with the adopted most current comprehensive
plan, major street plan, land use plan, zoning districts, and the
standards and specifications set forth herein or referred to herein,
or to other pertinent policies and standards of the city.
(2)
Pertinent copies of the preliminary plat data shall be submitted
to the city engineer, and he shall check the same for conformity with
the standards and specifications contained or referred to herein.
The city engineer, mayor, planning director, commission or governing
body may require the applicant to submit additional topographic information,
detailed plans for proposed uses and other information to determine
possible flood or erosion hazards, the effect of the subdivision uses
upon flood flows, and the adequacy of proposed flood protection measures.
The city engineer, mayor, planning director, commission or governing
body may consult with expert persons or agencies for technical assistance
and advice.
(3)
Mandatory referral:
All proposed preliminary plats
and subdivisions of land within the city and its extra-territorial
jurisdiction shall be subjected to referral, review, and comment by
the various governmental departments, the independent school district,
and utility service companies.
(4)
In addition, as a minimum, the following checks of the preliminary
plat shall be made by:
(A)
The city engineer:
(i)
Drainage.
(ii)
Street layout and proposed street grades.
(iii)
Type of paving.
(iv)
Boundary lines.
(v)
Monuments & benchmarks.
(vi)
Location and size of alleys.
(vii)
Availability of adequate water and sewer mains
to the subdivision.
(viii)
Water system layout and fire hydrant locations.
(ix)
Sanitary sewer easements.
(x)
Soil conditions.
(5)
The city engineer and/or planning director, on behalf of the
city staff shall aggregate the preliminary plat and accompanying data
to the commission and governing body with their recommendations as
to modifications, additions, or alterations of such plat data.
(6)
Within thirty (30) days after the preliminary plat is filed (as per section 10.02.007(b) above), with the city secretary, appropriate action shall have been taken by the commission recommending either: (1) conditionally approving or disapproving the preliminary plat; or (2) conditionally approving the preliminary plat with modifications.
(7)
The commission shall certify: (1) that it has reviewed the preliminary
plat; and (2) as to its recommendation to the governing body for conditional
approval, disapproval or conditional approval with modifications.
(8)
Following action on the preliminary plat by the commission,
the developer may file a formal written application for preliminary
plat approval (through the city secretary, as agent for the governing
body) at an official public meeting.
(9)
Within thirty (30) days of the filing of formal written application
for preliminary plat, the governing body shall either: (1) conditionally
approve or disapprove the preliminary plat; or (2) conditionally approve
the preliminary plat with modification.
(10)
Conditional approval of a preliminary plat by the governing
body shall be deemed an expression of approval of the layout submitted
on the preliminary plat as a guide to the installation of streets,
water, sewer, and other required improvements and utilities and to
the preparation of the final or recorded plat.
(11)
Conditional approval of a preliminary plat shall be effective
for no more than twelve (12) months unless reviewed by the governing
body in the light of new or significant information which would necessitate
a revision of the preliminary plat. If the governing body should deem
changes in a preliminary plat as necessary, it shall so inform the
subdivider in writing.
(12)
If no circumstances have occurred which would affect the proposed
plat within twelve (12) months of the effective approval of the preliminary
plat, the governing body may extend the approval for up to two additional
six (6) month periods. At the end of the final six (6) month extension,
the preliminary approval will be revoked (in writing by the city to
the subdivider) unless the final plat has been submitted for consideration.
(13)
The governing body shall certify the preliminary plat stating
its decision to conditionally approve, disapprove or conditionally
approve with modifications.
(Ordinance 1233 adopted 1/19/2023)
(a)
General.
Final plats, approved by the commission and city council and duly recorded in the county plat records, will be required prior to any work being started within the limits of the final plat, except in accordance with section 10.02.013(a). A final plat is required prior to the issuance of a building permit or extension of infrastructure. Building permits will not be issued until all public facilities (streets, roads, water, sanitary sewer, storm sewer, drainage improvements and the like) are completed and accepted by the city engineer.
(b)
Form and content.
(1)
The final plat and accompanying data shall conform substantially
to the preliminary plat as conditionally approved or conditionally
approved with modifications by the governing body. The plat shall
incorporate any and all changes, modifications, alterations, corrections
and conditions recommended by the governing body.
(2)
The final plat shall be drawn at a scale of 200 feet to one
(1) inch. Where more than one sheet is necessary to accommodate the
entire area, an indexed cover sheet showing the entire subdivision
at an appropriate scale shall be attached to the plat.
(3)
The final plat shall be submitted in an original and four (4) copies and shall contain all of the features required for preliminary plats in section 10.02.008 above, and it shall be accompanied by site improvement data bearing the seal of an engineer or a registered public surveyor.
(4)
The final plat shall be accompanied by a filing fee established
by the governing body. No action by the governing body shall be valid
until the filing fee has been paid. This fee shall not be refunded
should the subdivider fail to make formal application for final plat
approval or should the plat be disapproved by the governing body.
(5)
In addition to the various requirements for the preliminary
plat, the final plat shall also include the following:
(A)
The exact location, dimensions, name, and description
of all existing or recorded streets, alleys, reservations, easements,
or other public rights-of-way, blocks, lots, and other sites within
the subdivision with accurate dimensions, bearing or deflection angles
and radii, area, and central angles, degree of curvature, tangent
distance and length of all curves where appropriate.
(B)
The exact location, dimensions, description, and
name of all proposed streets, alleys, drainage structures, parks,
other public areas, reservations, easements, or other rights-of-way,
blocks, lots and other sites within the subdivision with accurate
dimensions, bearing or deflection angles and radii, area, and central
angles, degree of curvature, tangent distance and length of all curves
where appropriate.
(C)
Regulatory flood elevations, boundaries of floodprone
areas, building sites (including waste disposal areas for floodprone
lands), fills, flood or erosion protective works, and areas subject
to special and restrictions.
(6)
The final plat shall also include the following:
(A)
Owner's acknowledgement.
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THE STATE OF TEXAS
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COUNTY OF ________________________
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I, (WE), the undersigned, owner(s) of the land shown on this
plat, and designated herein as the _________ Addition of the City
of Coleman and whose name is subscribed hereto, hereby dedicated to
the use of the public forever all streets, alleys, parks, water courses,
drains, easements, and public places thereon shown for the purpose
of consideration therein expressed.
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Owner
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Date
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THE STATE OF TEXAS
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COUNTY OF
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BEFORE ME, the undersigned authority, on this day personally
appeared known to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that he executed
the same for the purposes and consideration therein stated.
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GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _______ day
of __________ (Year).
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Notary Public in and for _______________ County, Texas
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(B)
Certification by the council.
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I, the undersigned, Mayor of the City of Coleman, hereby certify
that this subdivision plat conforms to all requirements of the subdivision
regulations of this city wherein my approval is required.
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Mayor
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Date
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(C)
Certification of the surveyor responsible for
surveying the subdivision area attesting to its accuracy.
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STATE OF TEXAS
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COUNTY OF _______________
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I, the undersigned, a (registered professional engineer, public
surveyor) in the State of Texas, hereby certify that this plat is
true and correct and was prepared from an actual survey on the property
made under my supervision on the ground.
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Registered Professional Engineer or Registered Public Surveyor
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Date
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(D)
Certification by the engineer responsible for
the preparation of the final plat and supporting data, attesting to
its accuracy.
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STATE OF TEXAS
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COUNTY OF _____________
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I, the undersigned, a registered professional engineer in the
State of Texas, hereby certify that proper engineering consideration
has been given this plat.
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Registered Professional Engineer
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Date
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(c)
Processing of final plat.
(1)
If desired by the subdivider and approved by the governing body,
the final plat may constitute only that portion of the approved preliminary
plat which he proposes to record and develop. However, such portion
shall conform to all the requirements of this ordinance.
(2)
As soon as practical after the subdivider is notified of the
approval of the preliminary plat, he or his engineer shall submit
to the governing body at an official meeting the final plat of the
subdivision or portion thereof.
(3)
No final plat will be considered unless a preliminary plat has
been submitted and approved.
(4)
If an approved plat has been duly recorded and the subdivider
wishes to increase the size of the lots by combining one lot with
a portion of the adjacent lot in such manner that no portion of a
lot remains smaller than the original lots, an additional preliminary
plat will not be necessary.
(5)
Within thirty (30) days after the final plat is formally filed
with the city secretary, the governing body shall approve or disapprove
the plat.
(6)
If the final plat is disapproved, the governing body shall inform
the subdivider in writing of the reasons at the time such action was
taken.
(7)
After the final plat has been approved and in accordance with section 10.02.013 of this article construction of improvements have been made or security has been filed in lieu of construction, the governing body shall cause the final plat to be recorded with the county clerk. The governing body shall also cause the check or checks for the recording fee or fees deposited at the time the final plat was filed for approval to be delivered with the final plat to the county clerk.
(Ordinance 1233 adopted 1/19/2023)
(a)
General.
(1)
Any person who wishes to revise a subdivision plat which has
been previously filed for record must make an application of the proposed
revised plat to the commission for recommendation to the governing
body. The replat of the subdivision shall meet all the requirements
for a subdivision that may be pertinent. However, if the subdivision
as replatted does not require any appreciable alteration or improvement
of utility installations, streets, alley, building setback lines,
etc., then no engineering plans or preliminary plat will be required.
(2)
In the event the proposed replat involves property which has
been previously developed or zoned as single-family or duplex residential
use, then special requirements are triggered as follows:
(A)
After an application is filed for a replat affecting
single-family and duplex property, the city manager shall give notice
of the application to be published in the official newspaper of the
city at least fifteen (15) days before the date of the commission
meeting at which it is to be considered. Such notice must include
a statement of the time and place at which the commission will meet
to consider the replat and to hear protests to the revision at a public
hearing. Additionally, written notice must be sent to all owners of
property located within two hundred feet (200') of the property
upon which the replat is requested. Such notice may be served by depositing
the notice, properly addressed and postage paid, at the local post
office.
(B)
If twenty percent (20%) or more of the property
owners to whom notice has been required to be given file a written
protest of the replatting before or at the public hearing, then the
affirmative vote of at least three-fourths (3/4) of the commission
members is required to approve the replat.
(Ordinance 1233 adopted 1/19/2023)
Plats, amending plats, minor plats and replats as described
in section 212.0065 of the Local Government Code may be approved by
the city manager without consideration of the commission or governing
body. The city manager may, for any reason elect to present the plat
for approval to the commission. The city manager may not disapprove
a plat but shall either approve the plat or refer said plat to the
commission for consideration.
(Ordinance 1233 adopted 1/19/2023)
No preliminary or final plat shall be approved by the commission
or governing body and no completed improvements shall be acceptable
by the city unless they conform to the following standards and specifications:
(a)
General.
(1)
Conformity with most current comprehensive plan.
The subdivision shall conform to the most current comprehensive plan
of the city and parts thereof.
(2)
Provision for future subdivisions.
If a tract
is subdivided into parcels larger than ordinary building lots, such
parcels shall be arranged to allow for the opening of future streets.
(3)
Reserve strips prohibited.
There shall be no reserve
strips controlling access to land dedicated or intended to be dedicated
to public use.
(4)
Standards for construction.
The street, water
installation, sewer facilities and waste disposal and drainage with
all appurtenances pertaining to them and facilities of other agencies
as may be required shall be constructed and installed in each new
subdivision in accordance with the existing design standards of the
city and the Texas Commission on Environmental Quality as amended.
(b)
Building site improvements.
(1)
No subdivision or part thereof shall be approved if a proposed
subdivision development is to occur in an established flood hazard
area and thereby individually or collectively significantly increase
flood flows, heights, or damages.
(2)
Building sites, residences, motels, resorts, and similar uses
for human occupation in established flood hazard areas shall meet
the requirements of the Federal Flood Insurance Program as adopted
by the city.
(3)
Building sites for structures other than residences outside
of established flood hazard areas shall ordinarily be filled as provided
in the city's codes and ordinances controlling such activities.
(4)
When the governing body so determines, based on study by the
city staff, that only part of a proposed plat can be safely developed,
it shall limit development to that part and shall require that the
method of development be consistent with its determination.
(5)
When the subdivider does not intend to develop the plat himself,
and the city engineer determines that limitations are required to
insure safe development, the governing body may require the subdivider
to impose appropriate deed restrictions on the land. Such deed restrictions
shall be inserted in every deed and noted on the face of the final
recorded plat.
(6)
Floor level of the buildings are to be a minimum of 12" above
the top of the nearest curb and gutter or 18" above natural ground
at the site, the grade of which to be approved by the city. This minimum
may be reasonably increased upon specific findings by the city engineer
that site drainage characteristics require such increase.
(c)
Streets.
(1)
Street layout.
Adequate and paved streets shall
be provided by the subdivider. The arrangement, character, extent,
width, grade, and location of each shall conform to the most current
comprehensive plan of the city and shall be considered in their relation
to existing and planned streets, to topographic conditions, to public
safety and convenience, and in their appropriate relationship to the
proposed uses of land to be served by such streets. The street layout
shall be devised for the most advantageous development of the entire
neighborhood.
(2)
Relation to adjoining street system.
Where necessary
to the neighborhood pattern, existing streets in adjoining areas shall
be continued, shall be at least as wide as such existing streets,
and shall be in alignment therewith.
(3)
Projection of streets.
Where adjoining areas are
not subdivided, the arrangement of streets in the subdivision shall
make provisions for the proper projection of streets into such un-subdivided
areas. The distance between such projections into any one adjoining
property shall not exceed six hundred (600) feet.
(4)
Street jogs.
Street jogs with center line offsets
of less than 125 feet shall be prohibited.
(5)
Street intersections.
Street intersections shall
be as nearly as right angles as practicable, giving due regard to
terrain, topography, site distances, and safety. No intersecting street
shall be plotted with the angle included between adjoining street
lines less than 75 degrees, nor more than 115 degrees. The location
of fencing, landscaping, structures, signs, parking areas, or other
visual obstructions shall not be such as to occur within a triangular
area formed by a horizontal distance of fifteen (15) feet measured
along and from the intersection of right-of-way lines at street intersection.
(6)
Dead-end streets.
Dead-end streets shall be prohibited
except as short stubs to permit future expansion.
(7)
Cul-de-sacs.
In general, cul-de-sacs shall not
exceed 500 feet in length, and shall have a turnaround of not less
than 100 feet in diameter (R.O.W.) with a pavement diameter of 80
feet in residential areas, and shall have a turnaround not less than
200 feet in diameter (R.O.W.) with a pavement diameter of 180 feet
in commercial and industrial areas.
(8)
Minor streets.
Minor streets shall be laid out
so as to discourage their use by fast and through traffic.
(9)
Pavement widths and rights-of-way.
(A)
Freeway or expressway shall have a minimum required
right-of-way and pavement width as determined by the Texas Department
of Transportation.
(B)
Major and secondary thoroughfares (arterial streets)
shall have right-of-way widths as shown in typical street cross sections
of the circulation plan. The governing body, after receiving recommendations
from the city staff, may require a minimum right-of-way width of not
more than 100 feet in those cases where such additional width is considered
advisable in the opinion of the governing body.
(C)
Collector streets shall have a right-of-way and
a pavement width as specified in the city's circulation and major
streets plan.
(D)
Residential streets (local streets) shall have
a minimum right-of-way of 50 feet and a minimum paved width of 28
feet back-of-curb to back-of-curb.
(10)
Pavement widths and rights-of-way of streets forming part of
the boundary of the subdivision shall be as follows:
(A)
Where the proposed subdivision abuts upon an existing
street or half-street that does not conform to paragraph (9) of this
section, the subdivider shall dedicate right-of-way sufficient to
make the full right-of-way width conform with paragraph (9), and there
shall be paved so much of such right-of-way as to make the full pavement
width comply with paragraph (9). Before any pavement is laid to widen
existing pavement, the existing pavement shall be cut back two (2)
feet to assure an adequate sub-base and pavement joint.
(B)
No half-streets will be permitted in new subdivision
plats.
(11)
Curbs and gutters and open ditches.
Curbs and
gutters may be installed by the subdivider on both sides of all interior
streets, and the subdivider may be required by the governing body
to install curb and gutter on the subdivision side of all streets
forming part of the boundary of the subdivision. The subdivider may
install open ditches. Wider rights-of-way may be required by the city
engineer when installing open ditches so that a proper 3:1 slope can
be constructed for the banks of the ditches.
(12)
Street name and signs.
Names of new streets shall
not duplicate or cause confusion with the names of existing streets,
unless the new streets are a continuation of or in alignment with
existing streets, in which case names of existing streets shall be
used. The subdivider will pay to the city the initial cost of street
name signs. The city will purchase and install street signs. An itemized
statement will then be promptly submitted to the subdivider.
(13)
Street patterns.
Streets shall be platted with
appropriate regard to natural and topographic features so as to lend
themselves to attractive treatment.
(14)
Street grades.
Grades of all streets shall be
sufficient to insure adequate surface drainage, but shall not be more
than eight percent (8%).
(15)
Street numbers.
Street numbers are to be assigned
by the city.
(16)
The city engineer and governing body may require profiles and
elevations of streets to determine compliance with any requirement
of this section.
(d)
Alleys.
(1)
Width and paving.
Alleys may be provided at the
rear of all lots intended to be used for business purposes and may
be provided in residential areas. Alleys shall generally be parallel
to the street. Alleys shall be no less than twenty (20) feet wide
and shall be paved in business areas consistent with city engineering
standards. The right-of-way for alleys shall be dedicated to the public.
(2)
Intersecting alleys or utility easements.
Where
two alleys or utility easements intersect, or where an alley or utility
easement turns at a right angle, a cutoff of not less than ten (10)
feet from the normal intersection of the property or easement line
shall be provided along each property or easement line.
(3)
Dead-end alleys.
Dead-end alleys shall not be
permitted.
(4)
Alleys which do not connect on a straight course.
If alleys are not themselves straight within each block, or if the
same do not connect on a straight course with the alleys of adjoining
blocks, then all necessary easements shall be provided for the placing
of guy wires in order to support poles set on curving or deviating
rights-of-way of alleys.
(e)
Sidewalks.
(1)
Sidewalks shall be installed in new subdivisions as deemed necessary
by the governing body and will be installed at the expense of the
person or persons building the respective structure to the sidewalk.
(2)
No sidewalk is required until a lot is improved but at the time
such improvements are constructed, a sidewalk complying with the provisions
hereof shall be provided at the front of such lot, and also along
the street side of corner lots.
(3)
All sidewalks shall be not less than four (4) feet in width,
four (4) inches in thickness and shall be of concrete construction,
3,000 p.s.i., with six (6) inch by six (6) inch #6 wire mesh.
(4)
Sidewalks shall parallel the street, insofar as possible.
(5)
As site conditions vary, sidewalks may be placed immediately
adjacent to the street and next to the curb, when the street is paved,
or at the property line (providing a place for street landscaping),
at the option of the subdivider; but all sidewalks in a subdivision
shall be uniform in this respect.
(6)
Additional sidewalks shall be provided as deemed necessary by
the governing body in commercial, industrial, public, and multifamily
areas; such additional sidewalks as the subdivider may desire shall
be permitted.
(f)
Water installation.
(1)
Water supply and distribution.
(A)
All subdivisions shall be provided with a water
supply and/or water distribution system approved by the city engineer
and the state department of public health. The subdivider shall be
responsible for providing this system at his expense.
(B)
All water systems located in floodprone areas,
whether public or private, shall be floodproofed above the established
flood protection elevations.
(C)
If there is an existing public water supply system
on or near the subdivision, the city may require the subdivider to
connect to this system.
(D)
Water mains shall not be less than six (6) inches
in diameter in residential areas and eight (8) inches in commercial
and industrial areas.
(E)
Water mains may be required by the city to serve
areas other than the subdivision.
(2)
Fire hydrants.
Standard fire hydrants shall be
installed by the subdivider and connected to the water distribution
system of the subdivision as per specifications of the fire marshal,
city engineer and of the state board of insurance.
(3)
Sharing in cost of oversized lines.
(Reserved).
(g)
Sewer facilities and waste disposal.
(1)
All subdivisions shall be connected to a sewage collection and
disposal system approved by the city engineer at the expense of the
subdivider.
(2)
If a separate sanitary sewage disposal system is proposed the
Texas Commission on Environmental Quality must approve it in writing
prior to approval of the final plat by the city and such written approval
presented to the city engineer.
(3)
The city engineer may prohibit installation of sewage disposal
facilities requiring soil absorption systems where such systems will
not function due to high ground water, flooding, or unsuitable soil
characteristics. Such action by the city engineer shall be based on
the review and findings of the city and/or county health officer.
The city may require that the subdivider note on the face of the plat
and in any deed of conveyance that soil absorption fields are prohibited
in designated areas.
(4)
The city engineer may prescribe adequate methods for waste disposal.
If a sanitary sewer system is located on or near the proposed subdivision,
the city shall require the subdivider to provide sewage facilities
to connect to this system where practical, and shall prescribe the
procedures to be followed by the subdivider in connecting to the system.
(5)
The minimum size of sanitary sewer shall be six (6) inches in
diameter.
(6)
Pipe shall be poly vinyl chloride (pvc) pipe or as specified
by the city.
(7)
Sharing in cost of oversized lines. (Reserved)
(h)
Utility lines and easements.
(1)
All utility lines that pass under a street or alley shall be
installed before the street or alley is paved. Where it is necessary
that utility lines pass under the street or alley pavement, they shall
be extended to a point at least three feet beyond the edge of the
pavement.
(2)
Overhead utility lines crossing alleys shall be a minimum of
eighteen (18) feet.
(3)
Except where alleys of not less than twenty (20) feet in width
are required, easements not less than fifteen (15) feet in width shall
be retained (7-1/2 feet on each side of rear lot lines). Where necessary,
easements not less than ten (10) feet in width, on each side of side
lot lines shall be retained for poles, wires, conduits, storm sewers,
sanitary sewers, water lines, open drains, gas lines, or other utilities.
Such easements may be required across parts of lots other than as
described above upon recommendation of the city engineer. Where the
proposed platted area adjoins an un-platted area, the full alley or
easement width may be required along the rear of lots adjoining the
un-platted areas.
(4)
At the option of the subdivider all single phase electric lines
and communication lines may be installed underground at the subdivider's
cost.
(i)
Monuments and corner markers.
(1)
All block corners, angle points and points of curves, and all
corners of boundary lines of subdivisions shall be marked with a one-half
inch steel rod, two feet in length.
(2)
Where, due to topographic conditions, permanent structures,
or other conditions, the view is obstructed between any two adjacent
markers intermediate markers shall be so set as to assure a clear
view between adjacent markers. Intermediate property corner markers,
consisting of a one-half inch steel rod or three-quarter inch pipe,
three feet in length, shall be driven flush with the finished ground
surface to mark the corners of all lots.
(j)
Drainage.
(1)
Easement.
Where a subdivision is traversed by
a water course, drainageway, natural channel or stream, there shall
be provided an easement or right-of-way conforming substantially to
the limit of such water course, plus additional width to accommodate
maintenance and future needs.
(2)
Drainage facilities.
(A)
Drainage facilities shall be provided and constructed
as specified by the city. Storm drainage facilities shall be designed
to convey the flow of surface waters without damage to persons or
property. The system shall insure drainage at all points along streets
and provide positive drainage away from buildings and on-site waste
disposal sites.
(B)
Plans shall be subject to the approval of the governing
body. The city engineer may require a primarily underground system
to accommodate frequent floods and a secondary surface system to accommodate
larger, less frequent floods. Drainage plans shall be consistent with
local and regional drainage plans.
(C)
The facilities shall be designed to prevent the
discharge of excess runoff onto adjacent properties.
(D)
Storm sewers shall be constructed with reinforced
concrete pipe.
(3)
Drainage cost sharing.
(A)
Plans and specifications for the above improvements
shall be reviewed by the city engineer for consistency with general
development and city engineering standards.
(B)
If it is determined that additional drainage facilities
in the form of storm sewers within the subdivisions 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.
(C)
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. 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. The developers, may, at their option, either provide
the necessary storm drainage outside of the subdivision, in the event
that the city is unable to do so, or, by specific agreement, provide
same upon a basis for refund over a period of time agreeable to the
governing body.
(k)
Lots, residential.
(1)
The lot size, width, depth, shape and orientation and the minimum
building setback lines shall be appropriate for the location of the
subdivision and for the type of development and use contemplated and
shall not be less than those specified as minimum standards by the
city zoning ordinance.
(2)
Depth and width of properties reserved or laid out for commercial
and industrial purposes shall be adequate to provide for the off-street
service and parking facilities required by the type of use and development
contemplated.
(3)
Lots zoned for development of single-family and two-family dwellings
shall front upon a public street. Exceptions may be permitted for
lots zoned for condominium, townhouse and apartment developments,
and commercial and industrial subdivisions when the access easement,
as required, has been provided.
(4)
Double frontage and reverse frontage lots shall be avoided,
except where essential to provide separation of residential development
from traffic arteries or to overcome specific disadvantages of topography.
(l)
(m)
Crosswalk ways.
(1)
Crosswalk rights-of-way six (6) feet in width shall be dedicated
where deemed necessary by the governing body to provide pedestrian
circulation or access in schools, playgrounds, shopping centers, and
transportation other than community facilities, or to provide pedestrian
circulation within the subdivision.
(2)
Crosswalk ways shall be provided with a concrete sidewalk at
least four (4) feet wide.
(n)
Conditions attached to plat approval.
The city
engineer may attach conditions including but not limited to the following
to the approval of plats for areas subject to development problems
in flood hazard areas:
(1)
Construction and modification of sewage, water supply and drainage
facilities to meet the standards of this or referenced ordinances
and to promote the health, safety, and general welfare.
(2)
Requirements for construction or channel modifications, dikes,
levees and other protective measures.
(3)
Imposition of operations controls, sureties, and deed restrictions
may include floodproofing of intended uses, subject to the individual
approval of the city engineer and governing body at the time such
uses are constructed, through:
(A)
Anchorage to resist flotation and lateral movement.
(B)
Installation of watertight doors, bulkheads, and
shutters, or similar methods of construction.
(C)
Reinforcement of walls to resist water pressures.
(D)
Use of paints, membranes, or mortars to reduce
seepage of water through walls.
(E)
Addition of mass or weight to structures to resist
flotation.
(F)
Installation of pumps to lower water levels in
structures.
(G)
Construction of water supply and waste treatment
systems so as to prevent the entrance of floodwaters.
(H)
Pumping facilities or comparable practices for
subsurface drainage systems for buildings to relieve external foundation
wall and basement flood pressures.
(I)
Construction to resist rupture or collapse caused
by water pressure or floating debris.
(J)
Installation of valves or controls on sanitary
and storm drains which will permit the drains to be closed to prevent
back-up of sewage and storm waters into the buildings or structures.
Gravity draining of basements may be eliminated by mechanical devices.
(K)
Location of all electrical equipment, circuits
and installed electrical appliances in a manner which will assure
they are not subject to flooding and to provide protection from inundation
by the regulatory flooding.
(L)
Location of any structural storage facilities for
chemicals, explosives, buoyant materials, flammable liquids or other
toxic materials which could be hazardous to public health, safety,
and welfare in a manner which will assure that the facilities are
situated at elevations above the height associated with the regulatory
protection elevation or are adequately floodproofed to prevent flotation
of storage containers which could result in the escape of toxic materials
into flood waters.
(o)
Building setback lines and minimum lot sizes.
(1)
Minimum setback lines and lot sizes shall be appropriate for the location of the subdivision and for the type of development and use contemplated and shall not be less than those specified as minimum standards by the city zoning ordinance, except as provided for in section 10.02.003.
(2)
The following requirements (Table A) establish minimum parking
space requirements and standards for various subdivision and land
use types.
|
TABLE A
| |
|---|---|
|
LAND USE
|
PARKING SPACES
|
|
Single-Family Unit
|
2.0/unit
|
|
Duplex Unit
|
2.0/unit
|
|
Triplex Unit
|
2.0/unit
|
|
Fourplex Unit
|
2.0/unit
|
|
Townhouses
|
2.0/unit
|
|
Apartments (5 or more units)
|
2.0/unit
|
|
Motels, similar uses
|
1.0/unit
|
|
Churches, Theaters, and similar uses
|
1.0/4 seats
|
|
Retail Establishments
|
1.0/300 SF gross floor area
|
|
Kindergartens, Day Nurseries
|
See (4) below
|
OTHER USES: Determined by review of commission
(A)
Parking spaces shall be a minimum of 9 feet wide
and 18 feet long.
(B)
Required parking spaces shall not occur, wholly
or partially, within public rights-of-way.
(C)
Parking areas for townhouse, apartments, or commercial
areas shall be screened from adjacent duplex or single-family areas
shall be screened from adjacent duplex or single-family areas (including
mobile homes) by an opaque fence or hedge six (6) feet or higher.
(D)
Parking spaces listed in Table A do not include
nor shall they be used for parking spaces required to adequately accommodate
(off-street) employees or accommodate the storage of recreational
vehicles boats, etc.
(E)
Parking patterns and arrangements shall conform
to city engineering specifications and standards.
(3)
Sight lines at street intersections.
The location
of fencing, landscaping, structures, signs, parking areas, or other
visual obstructions shall not be such as to occur within a triangular
area formed by a horizontal distance of fifteen (15) feet measured
along and from the intersection of right-of-way lines at street intersection.
(Ordinance 1233 adopted 1/19/2023)
(a)
Construction of improvements prior to final plat recordation.
If the subdivider chooses to construct the required improvements
after approval of the final plat but prior to the recording of the
final plat in the county plat records, all such construction shall
be inspected while in progress by the city, and must be approved upon
completion by the city engineer, or his duly authorized representative.
A certificate by such officer stating that the construction conforms
to the specifications and standards contained in or referred to herein
must be presented to the governing body prior to approval of the final
plat for recordation.
(b)
Security in lieu of construction.
If the subdivider
chooses to file security in lieu of completing construction prior
to final plat approval for recordation, he may utilize one of the
following methods of posting security. If the subdivider chooses to
file security, the plat shall not be approved for recordation unless
the subdivider has done one of the following:
(1)
Performance bond.
Has filed with the city a bond
executed by a surety company holding a license to do business in the
state and acceptable to the city and on the form provided by the city
in an amount equal to the cost of the improvements required by this
ordinance. The construction of the improvements shall be within the
time as estimated and approved by the administrator. The performance
bond shall be approved as to form and legality by the city attorney.
(2)
Trust agreement.
Has placed on deposit in a bank
or trust company in the name of the city and approved by the city,
in a trust account a sum of money equal to the estimated cost of all
site improvements required by this ordinance, the cost and time of
completion as approved by the administrator. Selection of the trustee
shall be executed on the form provided by the city and approved as
to form and legality by the city attorney. Periodic withdrawal may
be made from the trust account for a progressive payment of installation
cost. The amounts of such withdrawals shall be based upon progress
work estimates and approved by the city engineering department. Such
withdrawals shall be approved by the trustee.
(3)
Unconditional guarantee from a federally insured financial
institution as approved by the city.
Has filed with the
governing body a letter, on the form provided by the city, signed
by the principal officer of a federally insured financial institution,
acceptable to the city, agreeing to pay the city on demand, a stipulated
sum of money to apply to the estimated cost of installation of all
improvements for which the subdivider or developer is responsible
under this ordinance. The guaranteed payment sum shall be the estimated
costs and scheduling as approved by the administrator. The letter
shall state the name of the subdivision and shall list the improvements
for which the subdivider or developer is required to provide.
(c)
Guarantee of materials and workmanship.
The subdivider,
or developer, shall require guarantee of materials and workmanship
of his construction contractors, with whom he contracts for furnishing
materials and installing the improvements required under this ordinance.
The subdivider, or developer, shall himself be responsible for guaranteeing
that all materials and workmanship in connection with such improvements
are free of defects for a period of one (1) year after acceptance
of the improvements by the city.
(d)
Acceptance or rejection of construction.
If one
of the above three types of security is filed by the subdivider under
Paragraph 10.02.013(b), the city engineer shall inspect the construction
of the improvements while in progress and he shall inspect such improvements
upon completion of construction. After final inspection he shall notify
the subdivider, the administrator and the city attorney in writing
as to his acceptance or rejection of the construction. He shall reject
such construction only if it fails to comply with the standards and
specifications contained or referred to herein. If he rejects such
construction, the city attorney, shall on direction of the governing
body, proceed to enforce the guarantees provided in this ordinance.
(e)
Extension of time.
Where good cause exists, the administrator may recommend to the governing body to extend the period of time for completion under section 10.02.013(b) of this section. Such extension of time shall be reported to the commission and the governing body and recorded in the minutes of each body. No such extension shall be granted unless security as provided in section 10.02.013(b) has been provided by the subdivider covering the extended period of time.
(f)
Maintenance bond.
(1)
Upon the completion of all public improvements, including, but not
limited to, streets, proper street signing, sidewalks, drainage, water,
and wastewater facilities, in accordance with the city specifications
and standards, and their acceptance by the city, the developer or
contractor shall furnish the city with a financial guarantee acceptable
to the city. The financial guarantee shall equal 30 percent of the
contract cost of such improvements and shall be in effect one year
from the date of completion and acceptance by the city. The guarantee
may be provided in the form of a cash escrow deposit, surety bond,
or irrevocable letter of credit.
(2)
If any of the work performed by the developer or landowner is found
or determined to be either defective, including obvious defects, or
otherwise not in accordance with this article, the designs, plans,
drawings or specifications within one year after the date of the issuance
of a certificate of final completion of the work or a designated portion
thereof, whichever is longer, or within one year after acceptance
by the city of designated equipment, or within such longer period
of time as may be prescribed by law or by the terms of any applicable
special warranty required by this article, the developer shall promptly
correct the defective work at no cost to the city.
(3)
If within 20 calendar days after the city has notified the developer
of a defect, failure, or abnormality in the work, the developer has
not started to make the necessary corrections or adjustments, the
city is hereby authorized but not required to make the corrections
or adjustments, or to order the work to be done by a third party.
The cost of the work shall be paid by the developer.
(4)
The cost of all materials, parts, labor, transportation, supervision,
special instruments, and supplies required for the replacement or
repair of parts and for correction of defects shall be paid by the
developer, his contractors, or subcontractors, or by the surety.
(5)
The guarantee shall be extended to cover all repairs and replacements
furnished, and the term of the guarantee for each repair or replacement
shall be one year after the installation or completion. The one-year
warranty shall cover all work, equipment, and materials that are part
of the improvements made under this section of the ordinance.
(Ordinance 1233 adopted 1/19/2023)
The following filing fees will be collected by the city when
the application is submitted for property inside the corporate limits
and in the extraterritorial jurisdiction (ETJ) area:
(1)
Preliminary plat.
Applications shall be $250.00
plus the following:
|
Number of Acres in Subdivision
|
Fee per Acre
|
|---|---|
|
5 or less
|
$5.00
|
|
6 to 10
|
$4.00
|
|
11 to 50
|
$3.60
|
|
51 to 150
|
$2.90
|
|
151 or more
|
$2.30
|
(2)
Final plat.
Applications shall be $250.00 plus
the following:
|
Number of Lots in Subdivision
|
Fee per Lot
|
|---|---|
|
10 or less
|
$3.50
|
|
11 to 50
|
$2.80
|
|
51 to 150
|
$2.25
|
|
151 or 500
|
$1.80
|
|
501 or more
|
$1.45
|
(3)
Replat.
Applications shall be $100.00 plus $10.00
per lot.
(Ordinance 1233 adopted 1/19/2023)
(a)
Where the proposed subdivision constitutes a unit of a larger tract
owned by the subdivider, which is intended to be subsequently subdivided
in whole or part as additional units, the preliminary and final plats
shall be accompanied by a layout of the entire area, showing the tentative,
proposed layout of streets, blocks, drainage, water, sewerage, and
other improvements for such area.
(b)
The overall layout, if approved by the governing body, shall be attached
to and filed with a copy of the approved subdivision plat in the permanent
files of the city.
(c)
Thereafter, plats of subsequent units of such subdivision shall conform
to such approved overall layout unless changed by the governing body,
who may change such approved overall layout only when it finds:
(1)
That adherence to the previously approved overall layout will
hinder the orderly subdivision of other land in the area in accordance
with the provisions of this ordinance; or
(2)
That adherence to the previously approved overall layout either
will be detrimental to the public health, safety, or welfare, or will
be injurious to other property in the area.
(Ordinance 1233 adopted 1/19/2023)
(a)
The city council is hereby authorized to promulgate, or to have promulgated,
and to file for public record and use rules, regulations, procedures,
standards, and specifications for the construction, installation,
design, location, and arrangements of streets, curbs, street lights,
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 cross
walkways.
(b)
Such rules, regulations, standards and specifications may be amended
from time-to-time, provided that the governing body appropriately
approves an amendment. No such rules, regulations, procedures, standards
and specifications shall conflict with this or any other ordinance
of the city.
(c)
All such improvements shall be constructed, installed, designed,
located and arranged by the subdivider in accordance with such rules,
regulations, standards and specifications.
(d)
The plat shall show the following: Name(s) and address(es) of the
subdivider(s), record of owner(s) of land to be subdivided, engineer
and/or surveyor preparing the map, and name and address of the designer
of the plat.
(Ordinance 1233 adopted 1/19/2023)
(a)
The degree of flood protection required by this ordinance is considered
reasonable for regulatory purposes and is based on previous flood
records. Larger floods may occur on rare occasions or flood heights
may be increased by manmade or natural causes, such as bridge opening
restricted by debris.
(b)
This ordinance does not imply that areas outside flood hazard areas
or land uses permitted within such areas will be free from flooding
or flood damages.
(c)
This ordinance shall not create liability on the part of the city
or any officer or employee thereof for any flood damages that result
from reliance on this ordinance or any administrative decision lawfully
made thereunder. In no case shall responsibility or liability arise
from the design or operation of subdivision drainage facilities dedicated
to the city if the city has not accepted in writing the dedication
and agreed to maintain and operate the facilities.
(Ordinance 1233 adopted 1/19/2023)
No land shall hereafter be subdivided or used without full compliance
with the terms of this ordinance and other applicable regulations
including zoning, official maps, health codes, and other regulations
which apply to uses within the jurisdiction of this ordinance.
(Ordinance 1233 adopted 1/19/2023)
The city will withhold all city improvements of whatever nature,
including the maintenance of streets and the furnishing of water and
sewer service, to any subdivision or part thereof if the platting
of such has not been approved by the city or in which the construction
of required improvements does not comply with these regulations.
(Ordinance 1233 adopted 1/19/2023)
Should any portion of this ordinance be held for any reason
invalid or unenforceable, the same shall not be construed to affect
any other valid portion hereof, but all valid portions shall remain
in full force and effect.
(Ordinance 1233 adopted 1/19/2023)
(a)
Any person violating any provision of this ordinance, such violation
being located within the corporate limits of the city, shall be guilty
of a misdemeanor and, upon conviction, shall be fined an amount not
exceeding two hundred dollars ($200.00). Each day that such violation
continues shall be a separate offense. Prosecution or conviction under
this provision shall never be a bar to any other remedy or relief
for violation of this ordinance. In addition to these penal provisions,
the city shall have the right to institute an action in the district
court to enjoin the violation of any provision of this ordinance.
(b)
Any person violating any provision of this ordinance, such violation being located outside the corporate limits of the city but within the city's extraterritorial jurisdiction, shall not be considered as committing a misdemeanor, nor shall any fine provided in subsection (a) above be applicable; however, the city shall have the right to institute an action in the district court to enjoin the violation of any provision of this ordinance.
(Ordinance 1233 adopted 1/19/2023)
Any subdivider aggrieved by any finding or action of the commission,
which involves the jurisdiction of the city council, which is herein
defined as dedication of, or improvements to, streets, or installation
of other public improvements, shall appeal in writing to the city
council within 30 days from the date of such finding or action and
not thereafter. Appeals of other actions by the commission shall be
to courts of appropriate jurisdiction.
(Ordinance 1233 adopted 1/19/2023)
(a)
An amendment to this ordinance may be initiated by any party
or person.
(b)
Upon initiation of an amendment, the initiating party or person
shall request the administrator to put such amendment on the agenda
of the next regular meeting of the commission.
(c)
Within thirty-one (31) days after first consideration of the
amendment by the commission, the commission shall forward a written
recommendation of the amendment's disposition to the governing
body.
(d)
The governing body shall hold a public hearing on the amendment
within thirty-one (31) days within receipt of the recommendation by
the commission.
(Ordinance 1233 adopted 1/19/2023)
