The city hereby adopts these subdivision regulations to provide for the orderly, safe and healthful development of the lands within the city limits or within the city's extraterritorial jurisdiction as provided for in V.T.C.A., Local Government Code chapters 42 and 212, and for the following additional purposes:
(1) 
To preserve and protect the public health, safety, and general welfare, and to preserve and protect property values and quality of life within the city's jurisdiction.
(2) 
To ensure that adequate public facilities and services are available concurrent with development and will have a sufficient capacity to serve the proposed development.
(3) 
To provide for adequate light, air and privacy, to secure safety from fire, flood, and other dangers, and to prevent overcrowding of the land and undue congestion of population.
(4) 
To protect the character and the social and economic stability of all parts of the municipality and to encourage the orderly and beneficial development of the community through appropriate growth management techniques, to ensure proper open space separation of urban areas, to protect environmentally critical areas and areas premature for urban development.
(5) 
To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewer, schools, parks, playgrounds, recreation, and other public requirements and facilities.
(6) 
To establish reasonable standards of design and procedures for subdivisions and resubdivisions in order to further the orderly layout and use of land, and to ensure proper legal descriptions and monumenting of subdivided land.
(7) 
To preserve the natural beauty and topography of the municipality and extraterritorial jurisdiction and to ensure appropriate development with regard to these natural features.
(Ordinance 2011-11, sec. 1, adopted 12/20/2011)
This article shall apply to all subdivisions of land within the city and its extraterritorial jurisdiction, except where specifically exempted herein.
(Ordinance 2011-11, sec. 2, adopted 12/20/2011)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Block
means an identified tract or parcel of land established within a subdivision surrounded by a street or a combination of streets and other physical features and which may be further subdivided into individual lots or reserves.
City building official
means the person authorized by the city as its building official, or his duly authorized representative.
Comprehensive plan
means the general plan for growth and development of the city and its environs, including any and all applicable elements of such plan, such as a land use plan, utilities plan, drainage plan, infrastructure master plan, parks plan, and others.
Development plat
means a plat required to be prepared in accordance with this article and designed for review and approval by the city council in order to undertake development or improvement on a previously unplatted single parcel of property located within the city or within the city's extraterritorial jurisdiction. This requirement shall not include land to be developed or used solely for agricultural (for example, farming, grazing) purposes.
Easement
means an area dedicated for restricted use on private property upon which a person or public or private entity has the right to remove and keep removed all or part of any building, fence, tree, shrub, or other improvement or growth that in any way endangers or interferes with the construction, maintenance, or operation of any of the respective utility, drainage, access, or other authorized systems or facilities located within any such easement. Any such person or public or private entity owning an easement shall, at all times, have the right of unobstructed ingress and egress to, from, and upon said easement for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, or adding to or removing all or any part of the respective systems or facilities without the necessity at any time of procuring the permission of anyone.
Extraterritorial jurisdiction
means that area of land located outside the municipal boundaries of the city, as defined in V.T.C.A., Local Government Code chapter 42.
Facilities agreement
means a contract entered into by the city and a developer or subdivider of property, where the developer is constructing oversized public improvements designed to serve the owner of the adjacent property whose owner will be required to make pro rata reimbursements.
Final plat
means a complete and exact subdivision plan prepared in conformity with the provisions of this article and in a manner suitable for recording with the county clerk.
Lot
means a physically undivided tract or parcel of land having frontage on a public street or approved private street, which has been built to meet current city specifications and which is, or in the future may be, offered for sale, conveyance, transfer, lease, development, or improvement; which is designated as a distinct and separate tract; and which is identified by a tract or lot number or symbol on a duly approved subdivision plat that has been properly recorded.
Major thoroughfare plan
means the street layout plan or any amendments or changes thereto approved and adopted by the city council.
Preliminary plat
means a map or drawing of a proposed subdivision prepared in accordance with the provisions of this article, illustrating the features of the development for review and preliminary approval by the mayor or his designee, but not suitable for recording with the county clerk.
Replat
means a map or drawing of all or a portion of an existing subdivision, prepared in accordance with the provisions of this article, where the purpose is to alter the original layout of streets, lots, or other features of the development.
Street, private,
means a privately owned and maintained thoroughfare or right-of-way, which provides vehicular access to adjacent land.
Street, public,
means a thoroughfare or right-of-way, dedicated to the public, and accepted for maintenance by the city or county, and which provides vehicular access to adjacent land.
Subdivider and/or developer
shall be synonymous for the purposes herein, and includes any owner, or authorized agent thereof, proposing to divide or dividing any lot, tract, or parcel of land so as to constitute a subdivision according to the terms and provisions of this article.
Subdivision
means the division of any lot, tract or parcel of land, by plat, map, survey or legal description, into two or more parts, lots or sites for the purpose, whether immediate or future, of sale, rental or lease, or division of ownership. Any dedication and the laying out or realignment of new streets, or other public or private access ways, with or without the creation of lots, shall constitute a subdivision. The term "subdivision" also includes the resubdivision and replatting of land or lots that are part of a previously recorded subdivision. The term "addition" means a subdivision, as defined herein. The term "subdivision" also includes the division of land, whether by plat or by metes and bounds description, and when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.
Title certificate
means a certificate prepared and executed by a title company authorized to do business within the state, or an attorney licensed with the state, describing all encumbrances of record that affect the property, together with all recorded deeds. Such certificate shall include a description of all property included within the platted area, and such certificate shall not have been executed more than 30 days prior to submission of same to the mayor or his designee.
(Ordinance 2011-11, sec. 3, adopted 12/20/2011)
(a) 
Plat approval required.
It shall be unlawful for any person to subdivide any tract, lot, or parcel of land within the city or within the extraterritorial jurisdiction of the city, unless and until preliminary and final plats of such subdivision, or a development plat of a single unplatted lot have been approved in accordance with the terms of this article, unless such division is specifically excepted from platting requirements by this article or other laws of the state. Unless and until a preliminary and a final plat, plan or replat of a subdivision shall have been first approved in the manner provided herein by the city council, it shall be unlawful for any person to construct or cause to be constructed any street, utility facility, building, structure, or other improvement upon any lot, tract, or parcel of land within such subdivision, except as specifically permitted herein. In addition, it shall be unlawful for any official of the city to issue any permit for such improvements, or any aspect thereof, or to serve or connect said land, or any part thereof, with any public utility that may be owned, controlled, or distributed by the city: provided, further, it shall be unlawful for any person to serve or connect any lot, tract, or parcel of land within any such subdivision with any utility service or facility, unless and until a final plat of such subdivision has been approved in accordance herewith.
(b) 
Improvements required.
All improvements required under the city's applicable regulations shall be constructed at the sole expense of the developer. These improvements shall include, but are not limited to the city's design standards, other ordinances, applicable county and drainage district regulations and improvements which, in the judgment of the city council are necessary for the adequate provision of streets, drainage, utilities, municipal services and facilities to the subdivision.
(c) 
Variance.
A variance from any such rule or regulation may be granted by the city council, only upon a good and sufficient showing by the owner that:
(1) 
There are special circumstances or conditions affecting the property in question; and
(2) 
That enforcement of the provisions of this article will deprive the applicant of a substantial property right; and if a variance is granted it will not be materially detrimental to the public welfare or injurious to other property or property rights in the vicinity. Each and every application for a variance shall be decided solely and entirely on its own merits, and the disposition of any prior or pending application for a variance shall not be allowed to enter into or affect any decision on the application in question. Financial interests shall not be considered as a basis for the granting of a variance. No application for a variance shall be considered, unless submitted to the city council, in writing, no later than the date the application for final plat approval is submitted.
(d) 
Non-maintenance of streets.
The city shall not repair, maintain, install, or provide any streets or public utility services within any subdivision for which a final plat has not been approved and filed of record and such street or public utility has been accepted by the city, or within which the standards contained herein or referred to herein have not been complied with in full; unless such streets have been separately accepted for maintenance by action of the city council. In no instance shall the city or its taxpayers bear any responsibility for repairing, maintaining, installing, or constructing any streets or public utility services within any subdivision located within the extraterritorial jurisdiction of the city, except as may be provided for by separate agreement.
(e) 
Exceptions.
The described subdivisions are exempted from the requirements of this article:
(1) 
Land to be developed or used for agricultural (for example, farming, grazing) purposes. Prima facie evidence of such use shall be determined by the tax designation applied to the property by the county central appraisal district.
(2) 
Subdivisions of land in which each parcel is ten acres or greater following the subdivision, where each parcel has access and no public improvement is being dedicated.
(f) 
Authorized agent.
A person may act as agent for a subdivider/developer upon submission, with each application for preliminary and/or final plat approval, of a notarized power of attorney and such certification being dated not more than 30 days prior to the date of filing such application. Such power of attorney must specifically authorize the applicant to act on behalf of the subdivider/developer, must specifically identify the tract proposed for subdivision, and must state that the power of attorney authorizes the agent to execute all necessary documents and dedicatory statements necessary to effect final plat approval and recording thereof.
(g) 
Oversizing and pro rata reimbursement requirements.
(1) 
The subdivider/developer shall be required to pay all costs of engineering, design, layout, construction and installation of all infrastructure required by this article and other applicable regulations that is necessary and required to serve its development.
(2) 
There shall be no participation by the city for payment of any infrastructure within a subdivision except when oversized facilities are required by the city to serve development beyond the subdivision. In such case, the terms and extent of city participation will be considered in each case by the city council, considering the merits of each case and the conditions involved, and shall be in accordance with policies set forth by the city council, or as required by law.
(3) 
If it is necessary for the subdivider to extend city utilities through undeveloped property, the developer may be entitled to recovery of the costs of such extension of city utilities, as defined in subsection (h) of this section, through agreed prorated collection of fees when the property is developed.
(4) 
The city council may disapprove a plat whenever it is evident that adequate public facilities cannot, or will not, be supplied within a reasonable time.
(5) 
For the purposes of this section, the term "oversize" means that the capacity of the facility exceeds the capacity necessary to serve the development being platted. In the case of phased developments, all phases shall be considered in evaluating capacity requirements to serve the development. A determination of whether facilities are required to be oversized shall be reached during the preliminary platting phase of a development or sooner if the subdivision elects to submit a master or concept plan, or to have a pre-submission conference with the city council. Such determination shall be based on engineering reports and analyses, traffic impact analysis, the city's master plan and other relevant information in the possession of the city, or requested to be supplied by the subdivider.
(h) 
Pro rata payments.
(1) 
Should an owner or developer, whose property fronts on a street, alley and/or easement containing an existing water or sewer main, subdivide or develop such property, he shall pay the pro rata charges on all property owned by him for the front footage along the street, alley and/or easement where the city's mains are located, when applicable.
(2) 
The developer shall be fully responsible for the construction of oversize or off-site access, utilities, drainage, and other improvements necessary for his subdivision and the surrounding area, unless other provisions are approved by the city council. Provisions for reimbursement of costs in excess of those necessary to serve his subdivision, and any other provisions, shall be made a part of the facilities agreement. For any subsequent subdivision utilizing such facilities, any costs due prior developers shall be prorated as the use by the new subdivision bears to the amount due. Such prorated amounts will be made a part of any subsequent facilities agreement, collected by the city, and repaid to the original developer making such improvements.
(3) 
All such reimbursements or prorations shall be based on the actual cost of the improvements at the time of their construction, subject to comparison with other current unit and/or project costs. The original developer shall therefore provide the city with acceptable documentation of actual construction costs from which calculation of reimbursable amounts will be made for inclusion in the facilities agreement.
(4) 
In the case that the subdivision shall utilize streets, utilities, drainage, or other facilities already constructed through the use of funds of the city, the developer shall pay to the city for the use of such facilities an amount equal to that which would be required to serve the subdivision under the requirements of this article, based upon policies as may be developed and approved by the city council.
(5) 
In the event a developer of property within the city or the extraterritorial jurisdiction constructs, at his cost, off-site roadway improvements, with prior city council approval, the developer may be entitled to, and may receive, reimbursement for the costs incurred in constructing or causing to be constructed such roadway improvements.
(6) 
The reimbursable cost of the roadway improvements shall include, but not be limited to, acquisition of rights-of-way, easements, design, legal and engineering fees, and all costs of construction, including, but not limited to, grading, paving, curbs and gutters, medians and improvements thereto, utilities, utility taps, drainage facilities, sidewalks, pedestrian ways, traffic signing, landscaping, and street lighting. All pro rata payments levied are a personal liability and charge against the real and true owners of the premises described, notwithstanding such owners may not be named, or may be incorrectly named.
(Ordinance 2011-11, sec. 4, adopted 12/20/2011; Ordinance adopting 2025 Code)
(a) 
Preliminary conference.
Prior to the official filing of a preliminary plat, the subdivider may consult with city staff for comments and advice on the procedures, specifications, and standards required by the city as conditions for subdivision plat approval.
(b) 
Application for preliminary plat approval.
Any person desiring approval of a preliminary plat shall first file, in triplicate, an application for preliminary plat approval. Forms for such application shall be kept on file with the city secretary and shall be in a form approved by the mayor or his designee. Consideration of a preliminary plat by the mayor or his designee shall not occur unless a fully completed and executed application, with all required documents and fees, has been filed in accordance with this article. If the form of the application or plat submitted therewith does not conform with or meet the minimum requirements of this article, the mayor or his designee is hereby authorized to deny, on behalf of the mayor or his designee, any application for preliminary plat approval.
(1) 
Submittal date and time.
All plats, maps, reproductions, fees, applications, and related materials shall be submitted to the city secretary not later than 3:00 p.m., 12 days prior to the next regular city council meeting. Materials received after 3:00 p.m. on the date specified herein shall automatically be placed on the agenda of the second regular meeting of the city council following submittal.
(2) 
Copies required.
The applicant shall provide sufficient copies as requested by the mayor or his designee, 24-inch by 36-inch paper prints from the original drawing of the plat, reproduced on white paper with black lines, each of which shall be folded to 8-1/2 inches by 14 inches.
(3) 
Filing fees.
An application for preliminary plat approval shall be accompanied by a nonrefundable application fee, tendered in the form of a check made payable to the "City of Simonton, Texas," in the amount as currently established or as hereafter adopted by resolution of the city council from time to time.
(4) 
Encumbrances information.
Initial plat submittals shall be accompanied with a title opinion or a statement or certificates, either in separate writing or on the plat, executed by the applicant or the person who prepared the plat, which certifies that all existing encumbrances other than liens, such as various types of easements, fee strips, or significant topographical features on the land being platted, are fully shown and accurately identified on the face of the plat and, further, stating whether the plat being submitted includes all of the contiguous land that the subdivider owns directly or indirectly, or has a legal or beneficial interest in, or whether the subdivider owns or has a legal interest in any adjacent property. If the subdivider owns or has a legal interest in any adjacent property, the extent of such ownership and a boundary description of the land involved shall also be provided.
(5) 
Notice to utilities.
Evidence of notice to all utility companies that provide service to the area encompassed by the proposed subdivision, whether public or private, shall accompany each application for preliminary plat approval. Such notice shall contain a statement of the intent to subdivide, the intended use of the property within the subdivision, and shall have attached to such notice a copy of the preliminary plat that is filed within the city.
(6) 
Environmental assessment.
The owner shall obtain a Phase I environmental assessment to determine that there are no hazardous materials on the area to be developed. If hazardous materials are found, appropriate remediation should be performed in accordance with the state commission on environmental quality standards.
(7) 
Special studies.
The owner shall comply with all federal and state laws pertaining to archeological, geological, wetlands, and endangered species applicable to the property.
(c) 
Form and content of preliminary plats.
All preliminary plats submitted to the mayor or his designee shall be in the form, and contain fully all information and/or language required hereunder:
(1) 
The proposed name of the subdivision or development, which shall not be a duplicate of any subdivision or development of record within the county.
(2) 
The legal description of the property proposed to be subdivided, including the name of the county, survey, and abstract number, together with reference to at least one established corner of a nearby recorded subdivision or the nearest public street right-of-way intersection.
(3) 
The total acreage, and total number of lots, blocks, and reserves.
a. 
Proposed use of land;
b. 
Setbacks;
c. 
Green or open space;
d. 
Easements and rights-of-way; and
e. 
Pipelines, including setbacks, and available information on the content and what the pipeline is engineered for.
(4) 
The name, addresses and email addresses of the owner of the property. If the owner is other than a natural person, the names, addresses and email addresses of the principal officer, or owner, of the entity that owns such property.
(5) 
The name, address and email address of the person or firm who prepared the plat.
(6) 
The date on which the plat was drawn.
(7) 
The north point. The drawing of the subdivision shall be oriented with north to the top of the drawing.
(8) 
The scale shall be drawn numerically and a graphic scale shall be provided. The scale acceptable for a preliminary plat shall be one inch equals 100 feet (one inch: 100 feet) or for projects less than ten acres the scale acceptable for a preliminary plat shall be one inch equals 50 feet (one inch: 50 feet).
(9) 
A scale vicinity map, shall be provided and made a part of the plat indicating the general location of the subdivision and its relationship with well-known streets, railroads, watercourses, and similar features in all directions from the subdivision to a distance not less than one-half mile. The scale of the vicinity map shall be to legible scale and shall be oriented with north to the top of the drawing that shall also be the same direction as the detailed subdivision drawing.
(10) 
The plat boundaries shall be drawn with heavy lines to indicate the subdivided area with overall survey dimensions and bearings. Lines outside the plat boundary shall be drawn as dashed lines.
(11) 
The adjacent areas outside the plat boundaries shall be identified indicating the name of adjacent subdivisions (including recording information), the names of the recorded owners of adjacent parcels of land, churches, schools, parks, bayous, and drainageways, acreage, and all existing streets, easements, pipelines, and other restricted uses.
(12) 
The location and approximate width of existing and proposed watercourses, ravines, and drainage easements, topographical elevations; and the boundaries of designated flood zones, as provided in the latest edition of the federal insurance rate map as published by the Federal Emergency Management Agency. All such information required herein shall be certified by a registered professional land surveyor and/or a registered professional engineer authorized to do business in the state.
(13) 
Contours with intervals of five-tenths foot referred to sea level (U.S. Coast and Geodetic Survey) datum, as required to show at least two contours within and adjacent to the subdivision. If the change in elevation throughout the property to be subdivided is less than one foot then the plat is to clearly show the outfall drainage plan and identify basis of control and temporary benchmark set within the subdivision.
(14) 
The location and identification of all tracts not designated as lots within the boundaries of the plat. Such tracts, if not restricted for specific uses, shall be identified as "unrestricted reserve." "Restricted reserves" shall be indicated on the plat and shall be designated as single-family residential, utility, church, park, recreational, school, or other specific use.
(15) 
The location, widths, and names, of all existing or proposed streets, roads, alleys, and easements, within the plat boundaries or immediately adjacent thereto, the location of all existing permanent buildings within the plat boundaries, and all existing easements and other important features, such as section lines, political subdivision, or corporate limit lines, on all sides for a distance of not less than 200 feet. A traffic impact study may also be required to be completed by the developer, on recommendation by the mayor or his designee to ensure that adequate public facilities for transportation generated by the proposed development are being provided.
(16) 
The names of all existing and proposed streets located within the plat boundaries or immediately adjacent thereto.
(17) 
The location of all lots, blocks, building setback lines, and other features, within the plat boundaries, with approximate dimensions.
(18) 
Existing sewers, water and gas mains, culverts, bridges, pipelines, structures, or public utilities within the tract and immediately adjacent thereto with pipe sizes, grades, and locations indicated.
(19) 
The proposed layout of the subdivision, showing streets, blocks, lots, alleys, easements, building lines, and parks, with principal dimensions.
(20) 
A letter certifying that water and sewer service is available to the subdivision, and that such services will be provided, from the appropriate utility provider. If water and sewer services are not available, a letter certifying that private wells are sufficient for the subdivision and an on-site sewage facility permit to construct issued by the County of Fort Bend must be provided.
(d) 
Application for final plat approval.
Any person desiring approval of a final plat shall first file an application for final plat approval. Forms for such applications shall be kept on file with the city secretary and shall be in a form approved by the mayor or his designee. Consideration of a final plat by the mayor or his designee shall not occur unless a fully completed and executed application has been filed in accordance with this article. The mayor or his designee is hereby authorized to deny, on behalf of the mayor or his designee, any application for final plat approval that is not fully completed and executed in accordance with this article.
(1) 
Time for filing.
All plats, maps, reproductions, fees, applications, and related materials shall be submitted to the city secretary not later than 3:00 p.m., 15 days prior to the next regular city council meeting. Materials received after three 3:00 p.m. on the date specified herein shall automatically be placed on the agenda of the second regular meeting of the city council following submittal.
(2) 
Copies required.
The applicant shall provide sufficient copies as requested by the mayor or his designee 24-inch by 36-inch paper prints from the original drawing of the plat reproduced on white paper with black lines, each of which shall be folded to 8-1/2 inches by 14 inches. All materials shall also be submitted in electronic format acceptable to the county.
(3) 
Filing fees.
An application for final plat approval must be accompanied by a nonrefundable application fee tendered in the form of a check made payable to the "City of Simonton, Texas," in the amount as currently established or as hereafter adopted by resolution of the city council from time to time.
(4) 
Certificates of availability of utilities.
Each final plat shall be accompanied by a written certification from each entity, whether public or private, from which utility services are to be received, certifying the availability of same, and that such entity agrees to provide its respective utility service to the subdivision. In addition, where applicable, each such entity providing utility services shall certify approval or conformance of the construction plans to ensure compliance with such utility entity's construction standards.
(e) 
Form and content of final plat.
All final plats shall incorporate all of the provisions relating to preliminary plats as provided in subsection (c) of this section and, where appropriate, reflect any conditions and requirements of final approval previously imposed by the mayor or his designee, together with the following additional requirements:
(1) 
The final plat shall be drawn on material suitable for direct positive prints and reproductions;
(2) 
Scale for a final plat drawing shall meet the same requirements as specified in subsection (c)(8) of this section for preliminary plat;
(3) 
All engineering and surveying data shall be shown on the final plat sufficient to locate all of the features of the plat on the ground. This data shall include, but not be limited to, full dimensions along all boundaries of the plat; street and alley rights-of-way; easements; drainageways, gullies, creeks, bayous, together with the location of the high bank of such drainageways and watercourses; lots; blocks; reserves; out tracts, or any other tracts designated separately within the plat boundaries; fee strips, or any other physical or topographical features necessary to be accurately located by surveying methods. Such information shall include line dimensions, bearings of deflecting angles, radii, central angles and degree of curvature, length of curves and tangent distances, all of which are to be shown in feet and decimal fractions thereof;
(4) 
The name of the current owner and their address and email address. If the record owner is a company or corporation, the name of the responsible individual, such as the president or vice-president;
(5) 
The name, address, email address and seal of the registered professional land surveyor and/or registered professional engineer responsible for preparing the plat;
(6) 
The date of submittal or the date of submittal of each subsequent revision;
(7) 
All streets and alleys with street names, or other rights-of-way, widths measured at right angles or radially (where curved), complete curve data (R, L, P.C., P.R.C., and P.T.), length and bearing all tangents between curves;
(8) 
Building lines and easements shall be shown and shall be defined by dimension. All principal lines shall have the bearing given and deviation from the norm indicated. The plat must provide a note stating that all existing pipelines or pipeline easements through the subdivision have been shown or that there are no existing pipeline easements within the limits of the subdivision;
(9) 
All field surveys shall be accurate to, and performed in accordance with, the appropriate provisions of the current edition of the Manual of Practice Standards for Surveying in Texas, as periodically published by the Texas Society of Professional Surveyors. Linear dimensions shall be expressed in feet and decimal fractions thereof of a foot; angular dimensions may be shown by bearings in degrees, minutes, and seconds. Curved boundaries shall be fully described and all essential information given. Circular curves shall be defined by actual length of radius and not by degree of curve;
(10) 
The intended use of all lots within the subdivision shall be identified on the plat. All tracts not designated as lots within the boundaries of the plat shall be identified as provided herein; and
(11) 
All dedication statements and certificates shall be made a part of the final plat drawing and shall be approved by the mayor and city engineer.
(f) 
Plat drawing, reproductions, and filing.
The original plat drawing for an approved final plat shall be submitted to the mayor or his designee on a suitable material that the mayor or his designee shall, by written rule and from time to time, designate, with lettering, signatures, and images in reproducible black ink. The names of all persons signing any such plat shall also be lettered under the signature line. Two paper prints from the original plat drawing (white paper with black lines) and one positive vellum or film transparency shall also be provided. Filing of such final plats with the county clerk, for recording, shall be made by the city. Such filing shall not be made until;
(1) 
Completion by the developer of all improvements required as a condition of plat approval and acceptance of such improvements by the city engineer and city council; or
(2) 
The filing of a sufficient guarantee as defined in section 26-8(b)(3) of such performance by the developer in accordance with the requirements herein stated. Such filing by the city shall be made promptly upon satisfaction of either condition.
(g) 
Title report.
A current title report, statement or opinion, title policy or certificate or letter from a title company authorized to do business in the state, or an attorney licensed as such in the state, shall be provided certifying that, within 30 days prior to the date the final plat is dated and filed with the mayor or his designee, a search of the appropriate records was performed covering the land proposed to be platted and providing the following information concerning the title to said land:
(1) 
The date of the examination of the records;
(2) 
A legal description of the property lying within the proposed subdivision, including a metes and bounds description of the boundaries of said land;
(3) 
The name of the record owner of fee simple title as of the date of the examination of the records, together with the recording information of the instruments whereby such owner acquired fee simple title;
(4) 
The names of all lien holders, together with the recording information and date of the instruments by which such lien holders acquired their interests;
(5) 
A description of the type and boundaries of all easements and fee strips not owned by the subdivider of the property in question, together with certified copies of the instruments whereby the owner of such easements or fee strips acquired their title, and the recording information for each such instrument; and
(6) 
A tax certificate from each city, county, school, utility, or other governmental entity in which the land being platted is located showing that no delinquent taxes are due such entity for the property being platted.
(h) 
Staff action.
The mayor or his designee shall review each plat submitted to it on a preliminary basis and upon a final basis for submission to the city council. The mayor or his designee shall approve any plat if it is in compliance with all provisions of this article and other rules and regulations as may have been or may be adopted by the city council governing plats and/or the subdivision of land. Upon the receipt of a plat, the mayor or his designee shall review and act on preliminary plats within a reasonable time, but, in accordance with state law, must review and act on final plats within 30 days from the date of such application with the submittal date not being counted within said 30 day period. Within these time constraints, the mayor or his designee may take the following actions:
(1) 
Grant preliminary approval or preliminary approval with conditions;
(2) 
Defer preliminary action until the next regular meeting;
(3) 
Grant final approval, if in conformance with the conditions of preliminary approval or final approval subject to additional conditions; or
(4) 
Disapprove any plat, either preliminary or final, if the mayor or his designee determines that such plat fails to comply with the policies, standards, or requirements contained in this article or other rules or regulations as may have been adopted by the city council governing plats and/or the subdivision or land.
(i) 
Effect of denial of plat by the mayor or his designee.
Should the mayor or his designee deny any plat, the applicant shall have the choice of withdrawing the plat to correct any deficiencies, and then resubmitting such plat to the mayor or his designee and subsequently to the city council, or may continue the plat application, with a negative recommendation, to the city council. This appeal process shall be a necessary step prior to the initiation of any litigation against the city.
(j) 
City council action.
The city council shall review each plat submitted to it on a preliminary basis and upon a final basis, following review and recommendation by the city council. The city council shall approve any plat if it is in compliance with all provisions of this article and other rules and regulations as may have been or may be adopted by the city council governing plats and/or the subdivision of land. Upon the receipt of a plat, the city council shall review and act on preliminary plats within a reasonable time, but, in accordance with state law, must review and act on final plats within 30 days from the date of application with the submittal date not being counted within said 30 day period. Within these time constraints, the city council may take the following actions:
(1) 
Grant preliminary approval or preliminary approval with conditions;
(2) 
Defer preliminary action until the next regular meeting;
(3) 
Grant final approval, if in conformance with the conditions of preliminary approval or final approval subject to additional conditions; or
(4) 
Disapprove any plat, either preliminary or final, if the city council determines that such plat fails to comply with the policies, standards, or requirements contained in this article or other rules or regulations as may have been adopted by the city council governing plats and/or the subdivision or land.
(k) 
Expiration of plat approval.
(1) 
All preliminary plat approvals granted by the mayor or his designee or the city council, and the conditions thereon, if any, shall be valid for a period of 12 months from the date on which the approval was granted.
(2) 
All final plat approvals granted by the mayor or his designee or the city council and the conditions thereon, if any, shall be valid for a period of 12 months from the date on which the final approval was granted.
(3) 
Extension of approvals. The city council may, upon receipt of a written request from the subdivider or his authorized agent, prior to the expiration date of a preliminary or final plat approval, extend the term of approval for any time period not to exceed an additional 12 months. The maximum term for approval of any preliminary or final plat that has not been duly recorded shall not exceed a total of 24 months from the date on which the city council granted preliminary or final plat approval.
(Ordinance 2011-11, sec. 5, adopted 12/20/2011; Ordinance adopting 2025 Code)
(a) 
Purpose.
(1) 
The purpose of this section is to provide recreational areas in the form of neighborhood and regional parks and trail systems linking public areas and subdivisions, as a function of subdivision development within the city and its extraterritorial jurisdiction. It is hereby declared that recreational areas in the form of neighborhood parks are necessary and in the public welfare, and that the only adequate procedure to provide for same is by integrating such a requirement into the procedure for planning and development property or subdivisions within the city.
(2) 
Neighborhood parks are those parks providing for a variety of outdoor recreational opportunities and within convenient distances from a majority of the residences to be served thereby. Park zones shall be recommended by the mayor or his designee or as delegated by the city council and shall be prima facie proof that any park located therein is within such a convenient distance from any residence located therein. The primary cost of neighborhood parks should be borne by the ultimate residential property owners who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities. Therefore, the following requirements are adopted to effect the purposes stated.
a. 
Regional parks are those parks not primarily serving a specific neighborhood, but rather designed to serve the entire city and its extraterritorial jurisdiction, such as ballparks and soccer field complexes, and trail systems which connect various neighborhoods.
b. 
Parks dedicated to the municipal utility district shall be considered public parks.
(b) 
General requirement for land to be used for single-family, duplex, and/or multifamily residential purposes.
(1) 
Whenever a final plat is filed of record with the county clerk for development of a residential area in accordance with this article, such plat shall contain a clear fee simple dedication of an area of land to the city (or to a municipal utility district) for neighborhood park purposes, which area shall equal one acre for each 100 proposed dwelling units. Any proposed plat submitted to the city for approval shall show the area proposed to be dedicated under this section. The city shall not issue any permits for construction within the subdivision, except permits to construct public improvements, until such time as the requirements of this section are submitted to and accepted by the city.
(2) 
In instances where an area of less than five acres is required to be dedicated, the city shall accept or reject the dedication of such public park within 60 days following approval of the preliminary plat after consideration by the mayor or his designee and the city council. In the event the city determines that sufficient park area already is in the public domain in the area of the proposed development, or if the recreation potential for that zone would be better served by expanding or improving existing parks, then the proposed dedication will be disallowed and the developer shall be required to make payment of cash in lieu of land, as provided by subsection (c) of this section.
(3) 
The dedication required by this section shall be made by filing of the final plat or contemporaneously by separate instrument unless additional dedication is required subsequent to the filing of the final plat. If the actual number of completed dwelling units exceeds the figure upon which the original dedication was based, such additional dedication shall be required, and shall be made by payment of the cash in lieu of land amount provided by subsection (c)(3) of this section, or by the conveyance of an entire numbered lot to the city.
(c) 
Money in lieu of land dedication for neighborhood parks.
(1) 
Subject to approval of the city council and the provisions of subsection (b)(2) of this section, a developer responsible for dedication of neighborhood parkland under this section may elect to meet the requirements of subsection (b) of this section, in whole or in part, by a cash payment in lieu of land, in the amount of land appraisal value at the time of purchase per dwelling unit. Such payment in lieu of land shall be made at or prior to the time of final plat approval; provided, however, the developer may elect to record upon the final plat the following notation: "No building or other permit, except permits for construction of public improvements, will be issued by the city, for construction within the subdivision until such time as the payment of money in lieu of park land required under the provisions of this section has been submitted to and accepted by the city." In the event the developer places the above notation upon the final recorded plat of the subdivision in lieu of making the payment of money in lieu of park land, the city shall not issue any permits for construction within the subdivision, except permits to construct public improvements, until such time as the payment of money in lieu of park land required by subsection (c) of this section is submitted to and accepted by the city.
(2) 
The city may, from time to time, decide to purchase land for parks in or near the area of actual or potential development. If the city does purchase park land within a park zone, subsequent park land dedications for that zone shall be in cash only, and calculated to reimburse the city's actual cost of acquisition and development of such land for parks. The cash amount shall be equal to the sum of:
a. 
The average price per acre of such land; and
b. 
The actual cost of adjacent streets and on-site utilities, or an estimate of such actual cost provided by the mayor or his designee. Once the city has been reimbursed entirely for all such park lands within a park zone, this subsection shall cease to apply, and the other subsections of this section shall again be applicable.
(3) 
To the extent that subsection (c)(2) of this section is not applicable, the dedication requirement shall be met by a payment in lieu of land computed on the basis of land appraisal value at the time of purchase per dwelling unit.
(d) 
Private neighborhood park land in lieu of dedicated park land.
(1) 
A developer responsible for dedication under this section may elect to meet up to 50 percent of the requirements of subsection (b) of this section by the provision of private neighborhood park land. Credit for private park land will be governed by the following criteria:
a. 
The land offered as private neighborhood park land must be open and accessible to all residents of the platted subdivision. Land or facilities that are excluded to a portion of the subdivision residents will not be considered as private neighborhood park land.
b. 
Land which is unencumbered by easements, detention areas, lake and drainage channel borders, or other similar characteristics will qualify for private neighborhood park land at full credit. Land that has recreation facilities on it such as tennis courts, swimming pools, playing fields, recreation buildings, etc., will also qualify for full credit.
c. 
Land which is encumbered by easements, detention areas, lake and drainage channel borders, or other similar characteristics, shall not qualify for credit as usable park space, unless it contains active uses as outlined below. Pipeline or utility easements, or areas along lake borders and drainage ditches shall have:
1. 
Hike/bike all-weather paths, landscaping and sodding installed according to the construction standards of the city. Paths must also be connected to recreational areas as part of an open space system;
2. 
An average minimum width of 30 feet and a minimum width of 20 feet; and
3. 
Side slopes not to exceed a three to one (3:1) ratio, unless otherwise approved by the city;
(2) 
All responsibilities for areas offered as private neighborhood park land must be identified with the submission of a preliminary plat.
(3) 
Land offered for private neighborhood park land credit, which is less than three acres in size, is generally discouraged unless it is an integral part of the private park and open space provisions of the subdivision. A list of landscaping and other improvements of special uses planned for areas of land less than one-half acre in size shall be submitted with the preliminary plat.
(e) 
Contribution for regional parks.
In addition to the provisions for neighborhood parks by dedication of land or the payment of fees in lieu thereof as described in subsections (c) and (d) of this section, a developer shall contribute an additional amount based on land appraisal value at the time of purchase per dwelling unit for the development of regional parks. Such payment shall be made in the manner described in subsection (c)(1) of this section.
(f) 
Land suitable for development.
Land shown as being suitable for development by the city for a major recreation center, park, or other public use, shall be reserved for a period of one year after the preliminary plat is approved by the city if within two months after such approval the city council advises the subdivider of its desire to acquire the land or of the interest of another government unit to acquire the land, for purchase by the interested governmental authority at land appraisal value at the time of purchase. A failure by the city council to so notify the subdivider shall constitute a waiver of the right to reserve the land. Any waiver of the right to reserve the land shall no longer be effective if the preliminary plat shall expire without adoption of a final plat.
(g) 
Special funds, right to refund.
(1) 
There is hereby established special funds for the deposit of all sums paid in lieu of land dedication under this section, which funds shall be known as the "Park Land Dedication Fund" and the "Regional Park Fund." Additional subfunds may be established as appropriate to track funds for different zones, if established, or different regional parks.
(2) 
The city shall account for all sums paid in lieu of land dedication under this section, with reference to the individual plats involved. Any funds paid for such purposes must be expended by the city within five years from the date received for acquisition or development of a neighborhood park, or ten years for a regional park, as defined herein. Such funds shall be considered to be spent on a first in, first out basis for each park zone. If not so expended, then on the last day of such period, the then current owners of the property for which money was paid in lieu of land dedication shall be entitled to a pro rata refund of such sum, computed on a square footage of area basis. The owners of such property must request such refund within one year of entitlement, in writing, or such right shall be barred.
(h) 
Additional requirements; definitions.
(1) 
Any land dedicated to the city or provided as private neighborhood park land under this section must be appropriate for park and recreation purposes. The city reserves the right to reject any land that it deems as unsuitable for such purposes.
(2) 
Drainage areas may be accepted as part of a park if the channel is constructed in accordance with city construction standards, the land is appropriate for park use, and if no significant area of a park is cut off from access by such channel.
(3) 
Each park must have ready access to a public street.
(4) 
Unless provided otherwise herein, an action by the city shall be by the city council.
(5) 
This section shall become effective upon adoption by the city council. Land under a concept plan previously reviewed and approved by the city will be exempt from provisions of this section for a period of four years from the date of final adoption of this article. After four years, any residential subdivision or section thereof not final platted will be subject to the provisions of this section.
(Ordinance 2011-11, sec. 6, adopted 12/20/2011)
The city design standards are attached hereto as the county subdivision ordinance and incorporated herein for all purposes. Where such design standards or this ordinance are silent, the design and construction standards of the county shall apply. Where there is a conflict between any two such standards, the more stringent requirement shall apply.
(1) 
Compliance with standards.
No plat shall be approved and no permit shall be issued for the construction of any improvement intended for public use, or for the use of purchasers or owners of lots fronting or adjacent to such improvement, and no improvement intended for public use shall be accepted by the city, unless any such improvements shall comply with the city's design standards.
(2) 
Compliance with other regulations.
All improvements required by this article shall conform to the city's comprehensive plan, this article, and any other ordinance or regulation of the city applicable thereto. All improvements shall further conform to all regulations established by any other governmental entity having jurisdiction over development of land within the county.
(3) 
Public streets; general arrangement and layout.
The public street system pattern proposed within any subdivision shall comply with design standards of this section and shall:
a. 
Provide for adequate vehicular access to all properties within the subdivision plat boundaries;
b. 
Provide adequate street connections to adjacent properties to ensure adequate traffic circulation within the general area;
c. 
Provide a local street system serving properties to be developed for residential purposes which discourages through traffic while maintaining sufficient access and traffic movement for convenient circulation within the subdivision and access by fire, police and other emergency services personnel; and
d. 
Provide a sufficient number of continuous streets to accommodate the traffic demands generated by new development.
(4) 
Streets; specific standards.
a. 
Public or private ownership.
The location and alignment of streets proposed to be constructed within a subdivision or development shall be designed in conformance with the construction standards adopted by the city, whether such streets are to be dedicated to the public or retained in private ownership and control. Private streets shall be allowed only upon explicit approval by the city council.
b. 
Right-of-way width, widening.
The width of the right-of-way to be dedicated for any street shall be at least 60 feet. In those instances where a subdivision plat is located adjacent to an existing public street with a right-of-way width less than 60 feet sufficient additional right-of-way shall be dedicated within the subdivision plat boundary to accommodate the development of the street to a total right-of-way width of not less than 60 feet. Notwithstanding the foregoing, the mayor or his designee may, on written application, and at its discretion authorize a street right-of-way width of not less than 50 feet where such street cannot reasonably be made to continue or extend onto an existing, approved, proposed, or possible future street, is so located that logically it could not be extended to connect with an existing, approved, or proposed street, there is not a likelihood that it would inhibit the ability of the city to provide emergency services from fire, police, medical, or other rescue personnel.
c. 
Lots required to front on street.
All lots shown on the plat shall abut a public street, or a private street that shall meet all requirements herein for public streets. All lots shown on the plat shall have indicated thereon the front of the lot for subsequent construction of a building. Adequate off-street parking shall be provided for each lot.
d. 
Curves and intersections.
Curves along streets shall have a centerline radius of not less than 40 feet except that the centerline radius on a reserve curve shall not be less than 300 feet. Reserve curves should be separated by a tangent distance of not less than 50 feet. The angle of street intersections shall not vary more than ten degrees from the perpendicular. Where acute angle intersections are approved a radius of at least 25 feet in the right-of-way line at the acute corner shall be provided.
e. 
Cul-de-sac right-of-way radii.
The radii of the right-of-way at the end of local streets terminated with a circular cul-de-sac turnaround shall be not less than 50 feet.
f. 
Dead-end streets.
Dead-end streets shall not be approved, except in instances where the street is terminated by a temporary circular cul-de-sac turnaround, or where the street is designated to be extended into adjacent property.
g. 
Required street signs and traffic-control devices.
The developer shall be responsible for the installation of all required street signs and traffic-control devices of the type approved by the city.
h. 
Ingress/egress point.
At least one ingress/egress point shall be provided for each 150 dwelling units, or fraction thereof, or for each 2500 square feet of commercial floor space. For purposes of this article, the term "ingress/egress point" shall include future planned roadways, so that if a street is provided to end at the boundary of the subdivision, such shall count for ingress and egress even though the actual road is not constructed.
(5) 
Construction of improvements.
All public or private improvements, as required herein, shall be constructed in accordance with or exceed the design standards referenced in the introductory paragraph of this section.
(6) 
Street names.
All streets dedicated by plat shall be named, and so identified on such plat, in conformance with the following:
a. 
New streets.
New street names shall not duplicate existing street names located within the city and its extraterritorial jurisdiction, other than extensions of existing streets;
b. 
Extensions of existing streets.
Existing street names shall be used in those instances where a new street is a direct extension of an existing street or a logical extension (when the streets in question are not and cannot be physically continuous) thereof, except in those instances where the existing street name is a duplicate street name;
c. 
Suffixes.
Street name suffixes such as court, circle, or loop should be designated on streets that are cul-de-sacs or in a configuration of a loop street;
d. 
Prefixes.
Street name prefixes such as north, south, east, and west may be used to clarify the general location of the street; however, such prefixes shall be consistent with the existing and established street naming and address numbering system of the general area in which the street is located;
e. 
Alphabetical and numerical street names.
Alphabetical and numerical street names shall not be designated, except in those instances where such street is a direct extension of an existing street with such a name and is not a duplicate street name; and
f. 
Street name change.
No street name, once designated, may be changed except by city ordinance.
(7) 
One-foot reserves.
In those instances where a public street is dedicated by a plat submitted to the city and such public street forms a stub street onto adjacent unplatted acreage, or where such street lies along and parallel with a subdivision boundary and is adjacent to unplatted acreage, a one-foot wide reserve shall be established within the street right-of-way at its dead-end terminus, or along the right-of-way adjacent to such unplatted acreage, to form a buffer strip, dedicated to the public, between the public street right-of-way and the adjacent unplatted acreage, to prevent access to such public street from the adjacent unsubdivided acreage, unless and until the city has reviewed the development proposals for such adjacent acreage, and a plat of the adjacent property is duly recorded. The conditions associated with the establishment of a one-foot reserve on a plat are contained in the following notation that shall be placed upon the face of any plat where a one-foot reserve is to be established:
"One-foot reserve dedicated to the city in fee as a buffer separation between the side or end of streets where such streets abut adjacent acreage tracts, the condition of such dedication being that when the adjacent property is subdivided pursuant to a recorded plat, the one-foot reserve shall thereupon become vested in the public for street right-of-way purposes."
(8) 
Partial or half streets.
Partial or half streets may be dedicated in those instances where the mayor or his designee determines that it is necessary for the proper development of the land and in the public interest to locate a public street right-of-way centered on a property line. A partial or half street dedication within a subdivision dedicating less than a 50 foot right-of-way width on a designated major thoroughfare, or less than a 30 foot right-of-way width for any other type public street, shall not be approved. Appropriate notations and the one-foot reserve dedication in fee, as provided in subsection (7) of this section, hereof shall be placed upon the plat restricting access from any partial or half streets so dedicated to adjacent acreage tracts until the adjacent property is subdivided pursuant to a recorded plat and the additional adjacent right-of-way is acquired providing the full right-of-way as specified in this article.
(9) 
Easements.
a. 
Utility easements.
Utility easements, both above and below grade, are those easements established by plat or separate instrument, which are designed to accommodate facilities necessary to provide various types of utility services to the individual properties within the plat boundaries. Utility easements may be used for, but not be limited to, facilities necessary to provide water, electrical power, natural gas, telephone, telegraph, cable television, and sanitary sewer services. In most cases, utility easements shall be below grade, except where the requirements of the utility providers require their major transmission lines to be located above grade. All easement locations and their placement above or below grade shall be resolved with the utility companies prior to preliminary plat approval.
1. 
Location.
Utility easements, excluding special use utilities such as gas, telephone, electric, and cable, shall be provided along the front of all lots, except when the mayor or his designee determines that such location is not feasible for the orderly development of the subdivision, or where the right-of-way is not wide enough to allow for the proper placement and maintenance of all utilities. Utility easements located along the outer boundaries of a subdivision shall contain the full width required for such easement, except in those instances where the adjacent property is within a portion of a previously approved and platted subdivision and under the same ownership as the property being platted, or where additional easement width is dedicated by separate instrument by the owner of said adjacent tract. In such cases, one-half of the required easement width shall be dedicated within the platted boundary with the other one-half provided outside the platted boundary by separate instrument, or through notation on the plat certifying the ownership and dedication of said easement.
2. 
Widths.
All utility easements, including special use utilities such as gas, telephone, electric, and cable, established within any subdivision plat shall not be less than a total of ten feet in width, which width may be split between adjacent lots; provided, however, that a lesser amount shall be allowed where less width is required by the utility service provider.
3. 
Limitations.
All utility easements shall be limited to surface and below grade easements. Aerial easements over utility easements shall be limited to that necessary for transformers, amplifiers, and other similar devices that cannot be placed below grade, it being the express purpose and intent hereof to require all utilities, to the extent reasonably possible, to be placed below ground level.
b. 
Drainage easements.
All drainage easements shall be located and dedicated to accommodate the drainage requirements necessary for the proper development of the property within the subdivision boundaries and within its natural watershed and in conformance with the county drainage district, its regulations governing storm drainage and/or flood control, and the requirements of other governmental agencies having jurisdiction over storm drainage or flood control within the area in which the subdivision is located. A suitable note on the plat shall restrict all properties within the subdivision to ensure that drainage easements within the plat boundaries shall be kept clear of fences, buildings, obstructive vegetation, and other obstructions to the operation and maintenance of the drainage facilities therein.
c. 
Private easements, fee strips.
1. 
Existing easements, fee strips.
All easements or fee strips created prior to the subdivision of any tract of land shall be shown on the subdivision plat of said land with appropriate notations indicating the name of the holder of such easement or fee strip, the purpose of the easement and generally the facilities contained therein, the dimensions of the easement or fee strip tied to all adjacent lot lines, street rights-of-way and plat boundary lines, and the recording reference of the instruments creating and establishing said easement or fee strip. In those instances where easements have not been defined by accurate survey dimensions such as over and across type easements, the subdivider shall request the holder of such easement to accurately define the limits and location of such easement through the property within the plat boundaries. If the holder of such undefined easement does not define the easement involved and will not certify his refusal to define such easement to the mayor or his designee, the subdivision plat shall provide accurate information as to the centerline location of all existing pipelines or other utility facilities placed in conformance with the easement holder's rights, and building setback lines shall be established 15 feet from and parallel to both sides of the centerline of all underground pipelines or pole lines involved.
2. 
Establishment of special use utility or drainage easements.
A special use utility or drainage easement may be established by subdivision plat when such easement is for the purpose of accommodating a utility or drainage facility owned, operated, and maintained by a unit of government and is restricted to either water mains, sanitary sewers, storm sewers, or other drainage purposes and where it has been determined by the mayor or his designee that these facilities cannot or should not be accommodated within a general purpose public utility or drainage easement or public street right-of-way. Easements proposed to be established for any privately-owned utility company or private organization providing utility services and restricted for their exclusive use shall not be created by a subdivision plat; however, such private utility facilities may be accommodated and placed within the general purpose utility easements and public streets established within the plat boundary. Nothing contained herein, however, may prevent such private companies or the subdivider from granting and establishing special or exclusive use easements by separate instrument if such arrangements are deemed necessary to properly serve the properties within the plat boundaries.
(10) 
Federal flood insurance program.
No subdivision of land shall be approved unless same complies in all respects with the county's or the city's flood damage prevention regulations. Each final plat shall have depicted thereon applicable boundaries of all flood zones as provided in the latest edition of the FEMA federal insurance rate maps.
(11) 
Building setback requirements.
No plat of any subdivision shall be approved unless building setback lines are established therein in accordance with the following standards, all of which shall be measured from the property line:
Front:
40 feet; except cul-de-sac lots which may be 35 feet
Side:
15 feet on each side
Corner lots:
20 feet on street side; 15 feet on inner lot line
(12) 
Reserve tracts.
Reserve tracts are those individual parcels of land created within a platted subdivision which are not divided into residential or commercial lots, but are established to accommodate some specific purpose such as a private recreational facility, a future school or church site, or site for utility facilities or other activities or land uses for which division into lots is not suitable or appropriate. The expected use or future use of all reserve sites shall be designated on the preliminary and final plats. In certain limited instances, the use of reserve tracts may not be completely determined by the subdivider or developer at the time plats are prepared and submitted to the city. These reserve tracts may be established as unrestricted reserves. Designation as unrestricted reserve shall require replatting at the time of the future development if subdivided into residential lots or multifamily uses.
a. 
Street access.
Reserves established on any subdivision plat shall have frontage on and be immediately adjacent to at least one public street, with such frontage being not less than 50 feet in width.
b. 
Identification and designation.
All reserves shall be labeled and identified on the plat, and a description of the use intended for such reserve, if known, shall be noted. If the use of the reserve is not restricted for any specific use, the reserve shall be identified and noted as being unrestricted. All reserves are to be identified and designated by alphabetical letters, not numbers, along with an indication as to the total acreage of such reserves that shall be shown within each reserve boundary.
(13) 
Lots; general provisions.
The purpose of this subsection is to provide general overall guidelines for the establishment of individual lots within a subdivision.
a. 
General lot design, arrangement, and layout.
The general lot design within any subdivision shall be based upon the concept that such lots are created and established as undivided tracts of land and that purchasers of such lots can be assured that these tracts of land will be appropriate for their intended use, by meeting the following basic criteria:
1. 
The lot is of sufficient size and shape to accommodate easements for all public and private utility services and facilities to adequately serve any improvements constructed thereon;
2. 
The lot is of sufficient size and shape and is so located that direct vehicular access is provided from a public street or through an approved private street and that the required number of off-street parking spaces can be provided on the lot without encroachment within any adjacent public or private street right-of-way;
3. 
The lot is of sufficient size and shape to accommodate all required improvements, detention areas with a street frontage of not less than 100 feet; and
4. 
The minimum single-family residential lot size is one-half acre or 21,780 square feet.
b. 
Lot shapes.
Lots shall be designed, so far as possible, with side lot lines being at right angles or radial to any adjacent street right-of-way line. Where all lots are either perpendicular and at right angles or radial to adjacent street rights-of-way, a suitable notation shall be placed upon the plat in lieu of lot line bearings.
c. 
Key or flag shaped lots.
For the purposes hereof, a key or flag shaped lot shall mean a lot having gross disparities in width between side lot lines, sometimes resembling a flag on a flag pole, a key, or some other lot shape of comparable irregularity. Key or flag shaped lots shall be allowed if otherwise in compliance with the minimum lot size requirements of this and other applicable ordinances of the city and provided that any such lot is at least 60 feet in width at its building set back line.
d. 
Street access limitations.
Rear and side vehicular driveway access from lots to adjacent streets designated as major thoroughfares or any other public street which carries a traffic volume where additional vehicular driveways would create a traffic hazard or impede the flow of traffic, shall not be approved and such access restriction shall be noted directly upon the plat and adjacent to the lots in question.
e. 
Lot and block identification.
All blocks established in any subdivision shall be designated by number with said numbers being consecutive within the whole subdivision plat. Lots established within said blocks shall also be numbered with said numbers being consecutive within the block. Lot numbering shall be cumulative throughout the subdivision if the numbering system continues from block to block in a uniform manner.
(14) 
Utilities.
Adequate provision for all utilities shall be provided to the entire subdivision. All distribution and service lines of electrical, telephone, television, and other wire-carrier type utilities shall be underground, except where above ground placement is required by the public utility provider. Transformers, amplifiers, or similar devices associated with the underground lines shall be located upon the ground or below ground level. Where the underground placement of such facilities is not a standard practice of the utility involved, the subdivider or developer shall make arrangements with the applicable utility for payment of all costs associated with the non-standard installation. All utility installations shall comply with the standards as set out by each utility provider, or as are contained in the county design standards; provided, however, when the city adopts its own utility installation standards, such as standards shall apply within the city limits.
(15) 
Drainage.
Drainage facilities shall be designed and constructed in accordance with the drainage standards adopted by the city council.
(16) 
Sanitary sewer.
Sanitary sewer facilities shall be designed and constructed in accordance with the applicable standards of the city's water authority, the county, the state, or municipal utility district (MUD) regulations, where such service is provided by a MUD, as appropriate. Each lot within a proposed subdivision shall be connected to a sanitary sewer system, or may have an on-site sewage facility if properly permitted and licensed by the County of Fort Bend. Any lot within 300 feet of the city's sanitary sewer system, as it develops and expands, shall be required to tie-in to the system, and shall pay all applicable costs.
(17) 
Water.
Facilities for the provision of potable water to all areas of the proposed subdivision shall be designed and constructed in accordance with the applicable standards of the city's water authority, the county, a municipal utility district, or the state, as appropriate. Each lot within a proposed subdivision shall be connected to a potable water distribution system; provided, however, that individual residential lots of one acre or more in size may be allowed to have private wells if properly permitted. Any lot within 300 feet of the city's water system, as it expands, shall be required to tie-in to the system, and shall pay all applicable costs.
(18) 
Monuments and markers.
a. 
Iron rods, five-eighths inches in diameter and three feet long, shall be placed on all boundary corners, block corners, curve points, and angle points. A copper pin one-quarter inch in diameter embedded three inches in the monument shall be placed at the exact intersection point on the monument. The monuments shall be set at such an elevation that they will not be disturbed during construction, and the top of the monument shall not be less than 12 inches below the finished ground level.
b. 
Lot markers shall be five-eighths inch or greater reinforcing bar, 24 inches long, or approved equal, and shall be placed at all lot corners flush with the ground, or below ground if necessary in order to avoid being disturbed.
c. 
Where no benchmark is established or can be found within 300 feet of the boundary of the subdivision, such benchmark shall be established to the latest edition of the U.S. Coast and Geodetic Survey datum. The benchmark shall be established upon a permanent structure, or may be set as a monument and shall be readily accessible and identifiable on the ground.
(Ordinance 2011-11, sec. 7, adopted 12/20/2011; Ordinance adopting 2025 Code)
(a) 
Dedication statements and certificates.
All dedication statements and certificates shall be made a part of the final plat drawing and shall include, but not be limited to, the statements, the general form and content of which are provided as examples in appendix A of Ordinance No. 2011-11, which are incorporated herein and made a part for all purposes.
(b) 
Developments within corporate limits.
Developments within the corporate limits and in the extraterritorial jurisdiction not located in a municipal utility district shall comply with the following provisions:
(1) 
Construction plans.
Construction plans and profile sheets for all subdivision improvements, public or private, shall be submitted with the application for final plat approval. All such plans and profile sheets shall be signed and sealed by a state registered professional engineer. The approval of the final plat shall be contingent upon approval of construction plans by the mayor or his designee. Further, the approval of a final plat shall be contingent upon the construction of such improvements in accordance with such approved construction plans. Construction plans shall be submitted to each utility or regulatory agency in the county, with copies to the city.
(2) 
Inspection of construction.
The city engineer, or the city's duly authorized representative, shall be required to fully inspect any and all phases of the construction of improvements for each subdivision. The subdivider, or his contractor, shall maintain regular contact with the city engineer, or the city's duly authorized representative, during construction of improvements. No sanitary sewer, water, or storm sewer pipe shall be covered, no flexible base material, subgrade material, or stabilization shall be applied to the street subgrade, and no concrete shall be poured or asphaltic surface applied to the base, without the written approval of the city engineer or his representative. The city engineer, or the city's duly authorized representative, may at any time cause any construction, installation, maintenance, or location of improvements to cease when, in his judgment, the requirements of this article or the standards and specifications as hereinbefore provided have been violated, and may require such reconstruction or other work as may be necessary to correct any such violation. The subdivider shall engage a state registered professional engineer who shall be in responsible charge of all phases of the design and construction of the required public improvements.
(3) 
Guarantee of performance.
No subdivision plat shall be filed of record with the county clerk, and no building permit, or any water, sewer, plumbing, or electrical permit shall be issued by the city to the owner or any other person with the respect to any property in any subdivision until the earlier of:
a. 
Such time as the subdivider or developer of such subdivision has complied with all provisions of this article and such conditions of the mayor or his designee applicable to the final plat regarding installation of all required improvements and for which required improvements the subdivider or developer has received acceptance by the city council for the start of the one-year maintenance period as described in subsection (4) of this section;
b. 
Such time as an escrow deposit sufficient to pay for 120 percent of the estimated cost of such improvements as determined by the city engineer computed on a private commercial rate basis has been made with the city secretary accompanied by an agreement by the subdivider or developer 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 subdivider or developer fail or refuse to install the required improvements within the time stated in such written agreement. Such deposit may be used by the subdivider or developer as progress payments as the work progresses upon written certification by the city engineer that work for which payment is sought has been completed and that sufficient funds remain in the escrow account to complete the work. Any and all funds remaining from any such escrow deposit upon completion of the work and acceptance thereof by the city council shall be promptly released by the city to the depositor; or
c. 
Such time as the subdivider or developer files a corporate surety bond with the city secretary executed by a surety company licensed to do business in the state and acceptable to the city council, in an amount equal to 120 percent of the cost of installation of all required improvements as determined by the city engineer computed on a private commercial rate basis, guaranteeing the installation of such required improvements by the subdivider or developer within the time stated in the bond, which time shall be fixed by the mayor or his designee.
(4) 
Maintenance of dedicated improvements.
Approval of a plat shall not impose any duty upon the city concerning the maintenance of improvements of any dedicated parts indicated thereon until the city council, after inspection and recommendation by the city engineer, shall have accepted same by motion or resolution expressing such acceptance. The subdivider or developer shall maintain all such improvements for a period of one year following such acceptance by the city council; however, such one year of required maintenance shall not begin until there has been filed with the city secretary either a maintenance bond, executed by a surety company licensed to do business in the state and acceptable to the city council, in an amount equal to 100 percent of the cost of installation of such improvements, warranting that said improvements will render satisfactory operation for such one-year period, or a cash bond, in an amount equal to 100 percent of the cost of installation of such improvements, likewise warranting that said improvements will render satisfactory operation for such one-year period.
(5) 
Environmental study for large acreage developments.
To the extent allowed by applicable law, an environmental study shall be required for any development of an area of five acres or more.
(c) 
Developments in the city's extraterritorial jurisdiction.
Developments in the city's extraterritorial jurisdiction located within a municipal utility district shall comply with the following provisions:
(1) 
Construction plans.
Construction plans and profile sheets (plans) for all subdivision improvements, public or private, shall be submitted with the application for final plat approval. All such plans shall be signed and sealed by a state registered professional engineer. A state registered professional engineer shall provide a signed and sealed certificate that all such subdivision improvements meet the requirements of the city design standards. Upon receipt of such plans and certificate, no approval by the city engineer, mayor or his designee, or city council is required. Construction plans shall be submitted to each utility or regulatory agency in the county, with copies of such transmittals to the city.
(2) 
Periodic inspection.
Periodic inspection during construction to confirm that the improvements are being constructed in compliance with the plans shall be provided in accordance with state commission on environmental quality requirements. Upon completion of construction of such improvements, an inspection shall be performed by the county and/or the state commission on environmental quality, as appropriate depending upon the type of improvement. A state registered professional engineer shall certify that the improvements were constructed in substantial compliance with the plans.
(3) 
Guarantee of performance.
No subdivision plat shall be filed of record with the county clerk with respect to any property in any subdivision until such time as the subdivider or developer of such subdivision has complied with all provisions of this article and such conditions of the mayor or his designee applicable to the final plat.
(4) 
Maintenance of dedicated improvements.
Approval of a plat shall not impose any duty upon the city concerning the maintenance of improvements within the municipal utility district.
(Ordinance 2011-11, sec. 8, adopted 12/20/2011; Ordinance 2022-03, sec. 2, adopted 7/5/2022)