This article shall be known as and may be cited as "The City
of Stanton Subdivision Regulations."
(Ordinance 1041 adopted 11/1/1983)
The purpose of this article is to provide for the protection
of the public health, safety and welfare of the citizens of and adjacent
to the City of Stanton by controlling and governing the development
in an orderly, safe and healthful manner.
(Ordinance 1041 adopted 11/1/1983)
(a)
Authority.
The city council does hereby adopt by ordinance
the following subdivision regulations in accordance with the provisions
of V.T.C.A., Local Government Code.
(b)
Jurisdiction.
These regulations shall govern all subdivisions
of land within the corporate limits of the City of Stanton and within
the extraterritorial jurisdiction of one-half (1/2) mile of the city.
(Ordinance 1041 adopted 11/1/1983; Ordinance adopting 2024 Code)
The following words and phrases as used in this article shall
have the meanings given herein. Definitions not expressly prescribed
herein are to be determined according to customary usage.
A "block" is a tract or parcel of land designated as such
on a duly recorded plat and may be entirely surrounded by public streets
or by a combination of public streets and public parks, cemeteries,
railroad rights-of-way, or natural or man-made physical features that
disrupt what would otherwise be an unbroken landscape (for example,
ditches, gullies, ridges, etc.).
A "building" is any structure which is built for the support,
shelter, or enclosure of persons, animals, chattels, machinery, equipment
or movable property of any kind.
The term "building line" or "building setback line" shall
refer to a line parallel to the street right-of-way line and defines
an area on the building lot between the street right-of-way line and
the building line within which no building shall be constructed.
The word "city" shall refer to the City of Stanton, Texas.
The words "city administrator-secretary" shall mean the person
employed as the chief administrative officer of the City of Stanton,
Texas and duly appointed by the city council.
The words "city attorney" shall mean the person employed
as city attorney of the City of Stanton, Texas, and duly appointed
by the city council.
Is the city council of the City of Stanton, Texas.
The words "city engineer" shall mean the person employed
as city engineer of the City of Stanton, Texas, duly appointed by
the city council.
The words "city planning and zoning commission" shall mean
the duly organized body of citizens of the City of Stanton, Texas,
and duly appointed by the city council, whose responsibility is, by
state statutes, to approve subdivision plats.
The city representative is that person, persons or department
so designated by the city council to represent the city.
A set of plans and specifications which set forth minimum
standards of construction methods and materials used in construction
of subdivision improvements.
The word "county" shall refer to Martin County, Texas.
The words "county commission" or "commissioners' court" as
generally termed, shall mean the duly and constitutionally elected
governing body of Martin County, Texas.
A street having but one outlet to another street and terminated
on the opposite end by a vehicular turn-around.
The term "dead-end street" means a street other than a cul-de-sac,
with only one outlet.
The word "developer" shall mean any person or persons, firm
or corporation subdividing a tract or parcel of land to be sold or
otherwise handled for their personal gain or use (also called "subdivider").
A "double front lot" means a building lot, not a corner lot,
which has frontage on two streets that are parallel or within forty-five
(45) degrees of being parallel to each other.
The word "engineer" means a person duly authorized and licensed
under the provisions of the Texas Engineering Registration Act, as
heretofore or hereafter amended, to practice the profession of engineering.
Within the terms of the Texas Municipal Annexation Act, the
term "extraterritorial jurisdiction" (ETJ) means the unincorporated
area, not a part of any other city, which is contiguous to the corporate
limits of the City of Stanton, the outer boundaries of which are measured
from the extremities of the corporate limits of the city outward for
such distances as may be stipulated in the Texas Municipal Annexation
Act in accordance with the total population of the incorporated City
of Stanton, in which area, within the terms of the Act, the city may
enjoin the violation of its subdivision regulation ordinance. Presently
the ETJ of Stanton is one-half (1/2) mile.
The term "filing date" shall refer to the date which is ten
(10) days prior to the regular meeting of the city planning and zoning
commission at which the subdivision plat (preliminary or final) is
to receive consideration.
The term "filing fee" shall refer to the prescribed plat
and lot fee rates, as hereinafter stipulated, to accompany the filing
with the city planning and zoning commission on preliminary and final
subdivision plats.
The term "final plat" shall refer to the map or plan of a
proposed subdivision submitted to the city planning and zoning commission
on or before the "filing date", as the term is defined herein, for
approval by the city planning and zoning commission, and said plat
shall be prepared in accordance with this article.
The term "front" or "frontage" shall be that portion of a
tract of land which abuts on a public street to which it has direct
access.
The word "lot" refers to a physically undivided tract or
parcel of land and having frontage on a public street and which is,
or in the future may be, offered for sale, conveyance, transfer, lease
or improvement which is designated as a distinct and separate tract
and which is identified by a lot number or tract symbol on a duly
approved subdivision plat which has been properly recorded.
The "lot depth" is the length of a straight line connecting
the midpoint of the front and rear lot lines.
The "lot width" is the average length of the front and rear
property lines.
The "master plan" is a comprehensive plan prepared by the
planning and zoning commission and adopted and approved by the city
council which indicates the general locations recommended for public
improvements and for the general physical development of the city
and includes any part of such plan separately adopted and any amendment
to such plans.
The word "may" is permissive.
The term "pavement width" means the portion of the surface
of a street available for vehicular traffic and, where curbs are laid,
it is the portion between the backs of the curbs.
The term "person" means any individual, association, firm,
corporation, governmental agency or political subdivision.
Refers to the planning and zoning commission of the city.
The term "plat" means a map, drawing, chart, or plan showing
the layout of a proposed subdivision into lots, blocks, streets, parks,
school sites, commercial or industrial sites, drainage ways, building
lots, easements, alleys or any similar type of plat, which a developer
submits for approval and a copy of which he intends to record in final
form.
The term "preliminary master plat" means the first or introductory
plat of a proposed subdivision where a developer intends to submit,
from time to time, fractional final plats.
A "preliminary plat" is a preliminary map, drawing or chart
indicating the proposed layout of the subdivision to be submitted
to the commission and city council for their consideration.
A "public easement" is a right granted or dedicated to the
public or governmental agency in, on, across, over or under property
for specified use or uses by an instrument or map duly recorded in
the records of the county clerk of Martin County, Texas.
A replat is the re-subdivision of any part of a block of
a previously platted subdivision.
The word "reserve" shall refer to a tract, parcel or unit
of land not physically divided, having frontage on a public street,
which is proposed and intended for other than single-family residential
use and which is, or in the future may be, offered for sale, conveyance,
transfer, lease or improvement and which is designated as a distinct
separate tract and which is identified by reserve symbol on a duly
approved subdivision plat which has been properly recorded with the
county clerk of Martin County, Texas.
The word "shall" shall be deemed as mandatory.
The word "sidewalk" means a Portland cement paved pedestrian
walkway extending for the entire length of a block or blocks parallel
to a street right-of-way line or street pavement edge, which walkway
shall be constructed within the right-of-way of any public street.
The word "street" means a public right-of-way for pedestrian
and vehicular traffic, access to adjacent property and for public
utility purposes whether designated as a street, highway, thoroughfare,
parkway, throughway, road, avenue, boulevard, land, place or however
otherwise designated.
Arterial street.
Shall refer to a public street which is intended to serve
as a principal traffic-way of considerable continuity usually connecting
state and federal highways and other major streets.
Collector street.
Means a street which carries traffic from minor streets to
arterial streets, including the principal entrance streets of a residential
development and streets for circulation within such a development.
Minor street.
Those streets providing for local traffic and direct access
to abutting property.
Cul-de-sac or dead-end street.
Is a minor street with only one outlet.
Alley.
Is a minor public right-of-way which provides a secondary
means of vehicular access to abutting property and which is used primarily
for vehicular traffic to the rear or side of properties which otherwise
abut on a public street.
Street width.
Is the shortest distance between the lines delineating the
right-of-way of a street.
Pavement width.
Is the width of the paved street from back of curb on one
side to the back of curb on the opposite side of the street pavement.
A "subdivision" is the division of a parcel of land into
two (2) or more lots or parcels for the purpose of transfer of ownership
or building development; provided that a division of land for agricultural
purposes into lots or parcels of five (5) acres or more and not involving
a new street or other portion intended for public use shall not be
deemed a subdivision of land or lots. The term includes re-subdivision
and, when appropriate to the context, shall relate to the process
of subdividing or to the land subdivided.
Land surveyor
means a registered professional land surveyor or licensed
state land surveyor.
Licensed state land surveyor
means a surveyor licensed by the board to survey land in
which the state or the permanent school fund has an interest or perform
other original surveys for the purpose of filing field notes in the
general land office.
Professional surveying
(A)
(B)
means the practice of land, boundary, or property surveying
or other similar professional practices. The term includes:
Performing any service or work the adequate performance of which
involves applying special knowledge of the principles of geodesy,
mathematics, related applied and physical sciences, and relevant laws
to the measurement or location of sites, points, lines, angles, elevations,
natural features, and existing man-made works in the air, on the earth's
surface, within underground workings, and on the beds of bodies of
water to determine areas and volumes for: (i) locating real property
boundaries; (ii) platting and laying out land and subdivisions of
land; or (iii) preparing and perpetuating maps, record plats, field
note records, easements, and real property descriptions that represent
those surveys; and
Consulting, investigating, evaluating, analyzing, planning,
providing an expert surveying opinion or testimony, acquiring survey
data, preparing technical reports, and mapping to the extent those
acts are performed in connection with acts described by this subsection.
Registered professional land surveyor
means a person registered by the board as a registered professional
land surveyor.
State land surveying.
(A)
(B)
(C)
means the science or practice of land measurement according
to established and recognized methods engaged in as a profession or
service for the public for compensation and consisting of the following
activities conducted when the resulting field notes or maps are to
be filed with the general land office:
Determining by survey the location or relocation of original
land grant boundaries and corners;
Calculating area and preparing field note descriptions of surveyed
and unsurveyed land or land in which the state or the permanent school
fund has an interest; and
Preparing maps showing the survey results.
The word "unrestricted" shall be used to label or designate
land proposed to be used for a purpose not consistent with the proposed
use of the major portion of the subdivision.
(Ordinance 1041 adopted 11/1/1983; Ordinance adopting 2024 Code)
(a)
Septic tanks.
No permit shall be issued by the city
for the installation of septic tanks upon any lot in a subdivision
for which a final plat has not been approved and filed for record,
or upon any lot in a subdivision in which the standards contained
herein or referred to herein have not been complied with in full.
(b)
City permits.
No building, repair, plumbing, electrical
or water well 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 within a subdivision
in which the standards contained herein or referred to herein have
not been complied with in full.
(c)
City services.
(1)
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.
(2)
The city shall not sell or supply any water, garbage or sewerage
service within a 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)
Enforcement of ordinance.
(1)
In behalf of the city, the city attorney shall, when directed by
the city council, institute appropriate action in a court of competent
jurisdiction to enforce the provisions of this article or the standards
referred to herein with respect to any violation thereof which occurs
within the city, within the extraterritorial jurisdiction of the city
as such jurisdiction is determined under the Municipal Annexation
Act, or within any area subject to all or a part of the provisions
of this article.
(2)
Provided, however, that the provisions of this section shall not
be construed to prohibit the issuance of permits for any lots upon
which a residence building exists and was in existence prior to passage
of this subdivision regulation ordinance, nor to prohibit the repair,
maintenance, or installation of any street or public utility services
for, to or abutting any lot, the last recorded conveyance of which
prior to passage of this ordinance was by metes and bounds, and/or
any subdivision, or lot therein, recorded or unrecorded, which subdivision
was in existence prior to the passage of this ordinance.
(Ordinance 1041 adopted 11/1/1983)
(a)
Hardship.
The city council may authorize a variance
from these regulations when, in its opinion, undue hardship will result
from requiring strict compliance. In so doing, the council must find
that there are special circumstances or conditions affecting land
involved in such, that the strict application of this article would
deprive the applicant of the reasonable use of this land. Pecuniary
hardship to the subdivider, standing alone, shall not be deemed to
constitute undue hardship.
(Ordinance 1041 adopted 11/1/1983)
All ordinances and amendments thereto in conflict with the provisions
of this article shall be and are hereby repealed.
(Ordinance 1041 adopted 11/1/1983)
If for any reason any section, paragraph, subdivision, clause,
phrase or provision of this article shall be held invalid or unconstitutional,
the same shall not affect the validity of this article as a whole
or any part or provision thereof other than the part so decided to
be invalid or unconstitutional.
(Ordinance 1041 adopted 11/1/1983)
Any person, firm or corporation violating any provision of this
article, or causing same to be violated, shall be deemed guilty of
a misdemeanor, and upon conviction thereof, shall be punished by a
fine in any sum not exceeding two hundred dollars ($200.00), and each
day and every violation of the provisions of this article shall constitute
a separate offense.
(Ordinance 1041 adopted 11/1/1983)
