This ordinance and subsequent regulations of the Town of Fairview, Texas, are referred to and may be cited as the "subdivision ordinance."
(Ordinance 2024-03 adopted 2/6/2024)
This subdivision ordinance and subdivision regulations are adopted pursuant to the authority granted by the U.S. Constitution, the Texas Constitution, and the laws of the State of Texas, specifically including chapter 212 of the Texas Local Government Code (LGC), as amended.
(Ordinance 2024-03 adopted 2/6/2024)
These regulations achieve the following specific purposes:
(1)
Specific purposes of the subdivision regulations.
(A)
Promote the health, safety, and general welfare of the community within the town's corporate limits and extraterritorial jurisdiction (ETJ);
(B)
Establish orderly policies and procedures to guide the development of the town and ETJ;
(C)
Provide for the establishment of minimum specifications for construction and engineering design criteria for public infrastructure, reduce inconveniences to residents of the area, and reduce related unnecessary costs to the town for correction of inadequate facilities that are designed to serve the public;
(D)
Ensure that the development of land and subdivisions shall be of such nature, shape, and location that utilization will not impair the general welfare;
(E)
Protect against the dangers of fires, floods, erosion, and landslides;
(F)
Coordinate new development realistically and harmoniously with existing development;
(G)
Protect and conserve the value of land throughout the town;
(H)
Provide the most beneficial circulation of vehicle and pedestrian traffic throughout the town, and provide for the proper location and width of streets;
(I)
Establish reasonable standards of design and procedures for the development and redevelopment, provide for the orderly layout and use of land;
(J)
Ensure proper legal descriptions and documentation of subdivided land;
(K)
Ensure public facilities with sufficient capacity to serve the proposed subdivision are available for every building site and to provide public facilities for future development;
(L)
Ensure the adequacy of drainage facilities and encourage the wise use and management of natural resources throughout the town to preserve the integrity, stability, and beauty of the community;
(M)
Preserve the topography of the town and ensure appropriate development with regard to natural features;
(N)
Ensure that new development adequately and fairly participates in the dedication and construction of public improvements and infrastructure that are necessitated by or attributable to the development; and
(O)
Address other needs to ensure the creation and continuance of a healthy, attractive, safe, and efficient community that provides for the conservation, enhancement, and protection of its citizens and natural resources.
(Ordinance 2024-03 adopted 2/6/2024)
(a)
General.
It is the town's policy to consider the subdivision and development of land as subject to the control of the town in order to carry out the purpose of the comprehensive plan and other town codes, and to promote the orderly, planned, efficient, and economical development of the town.
(b)
Subdivision and development of land policies.
(1)
Land shall not be subdivided or developed until proper provision has been made for drainage, water, wastewater, transportation, and other facilities required by these regulations.
(2)
All public and private facilities and improvements shall be of at least the capacity necessary to adequately serve the development and shall conform to and be properly related to the comprehensive plan, the design standards and specifications by NCTCOG, and the town's Code of Ordinances.
(3)
These regulations shall supplement and facilitate the enforcement of provisions and standards contained in the zoning regulations and building codes adopted by the town where applicable.
(c)
Requirement to plat.
Platting is required for the following purposes:
(1)
To create a building site on a single lot or tract;
(2)
To construct or enlarge any nonresidential building, structure, or improvement on land without an existing plat, in association with a building permit application.
(3)
To subdivide land to divide a lot or tract into two or more parcels;
(4)
To combine lots or tracts;
(5)
To amend a plat; or
(6)
To correct errors on an approved and recorded plat.
(d)
Plat required.
(1)
In accordance with LGC section 212.004, the owner of a tract of land located within the town's corporate limits or in the extraterritorial jurisdiction (ETJ) who divides the tract in two (2) or more parts to lay out a subdivision of the tract, including an addition to a municipality, to lay out suburban, building, or other lots, or to lay out streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts must have a plat of the subdivision prepared.
(2)
A division of a tract under this subsection includes any division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method.
(3)
A division of land under this subsection does not include a division of land into parts greater than five (5) acres, where each part has access to a public road or right-of-way and no public improvement is required.
(e)
Exception to platting.
A plat is not required for the development of one (1) single-family home on an unplatted tract of land.
(f)
Extraterritorial jurisdiction (ETJ).
Subdivision regulations, as amended, are extended to all of the area lying within the extraterritorial jurisdiction (ETJ) of the town, and the rules and regulations within those subdivision regulations governing plats and subdivision of land shall be applicable to that area within the ETJ from and after the date of final passage of this subdivision ordinance.
(Ordinance 2024-03 adopted 2/6/2024)
The provisions of this subdivision ordinance, the standards governing constructed facilities applicable to plats in other portions of the town's Code of Ordinances, and the technical standards contained in the design standards and specifications by NCTCOG constitute the subdivision rules of the town, which apply to applications for plat approval.
(Ordinance 2024-03 adopted 2/6/2024)
Compliance with all town ordinances pertaining to the subdivision and development of land, and the transportation plan of the comprehensive plan (where applicable), shall be required before approval of any application pursuant to this subdivision ordinance. All those ordinances and the comprehensive plan mean those documents as they exist or as amended. It is the property owner's responsibility to be familiar with, and comply with, Code of Ordinances, the comprehensive plan, and the provisions of this subdivision ordinance.
(1)
Applicable town codes, ordinances, and plans.
Applicable town codes, ordinances, and plans with which all applications must comply include, but are not limited to, the following:
(A)
Zoning ordinance;
(B)
Commercial planned development district area plan;
(C)
Parks or trails master plans or ordinances;
(D)
Building codes;
(E)
Drainage system design requirements;
(F)
International Fire Code;
(G)
Engineering documents, including the design standards and specifications by NCTCOG and other development-related engineering standards;
(H)
Stormwater quality and land disturbance requirements;
(I)
Other applicable portions of the town's Code of Ordinances; and
(J)
Federal, state, and local environmental regulations, provided however that the town shall not be liable for the nonenforcement of the same.
(K)
Thoroughfare plan.
(L)
Vested rights.
(M)
Impact fees.
(Ordinance 2024-03 adopted 2/6/2024)
(a)
Subdivider's responsibility.
The subdivider shall furnish, install and/or construct the public improvements (water and wastewater systems and the street and drainage facilities) necessary for the proper development of the subdivision at the subdivider's cost. All those facilities shall be designed and constructed in accordance with the town's standards, design standards and specifications by NCTCOG, and any other standards, specifications, and drawings as may be hereafter adopted, approved by the town council and placed on file in the office of the town secretary.
(b)
Facilities sizing.
Where considered necessary by the town engineer, the facilities shall be sized in excess of that required by this subdivision ordinance or the design standards and specifications by NCTCOG to provide for future growth and expansion. The town council shall have the authority to participate in the cost difference between the cost of the facility as sized in accordance with the town engineer and the cost of the facility as sized per the requirements of this subdivision ordinance or the design standards and specifications by NCTCOG. See section 10.02.142(c) rough proportionality and fair share policy statement for more details.
(Ordinance 2024-03 adopted 2/6/2024)
(a)
Development application.
The town shall have the authority to prepare standard development applications that outline specific submission requirements. All submittals shall conform to the requirements within the appropriate development application.
(b)
Application fees.
All application fees shall be paid according to the fee schedule.
(c)
Zoning regulations requirements.
All requirements pertaining to lot size, yard size, dwelling size, lot coverage, height, parking, loading, and screening contained in the current zoning regulations of the town shall apply for development under this subdivision ordinance for property located within the town's corporate limits.
(d)
Phased development.
(1)
If a property is to be developed in phases, then a sketch plan shall be submitted either at the pre-application meeting or with the preliminary plat application, if no pre-application meeting is held.
(2)
For phased development, the sketch plan shall cover the original property in its entirety and shall clearly show the number of phases. Any neighboring properties under the same ownership shall also be included on the sketch plan.
(3)
Phased developments shall coordinate with the surrounding land use plan, any planned development concept plan or mater plan, and existing developments.
(4)
Each phase shall submit a preliminary plat and final plat. However, nonresidential developments shall be exempt from submitting a preliminary plat and shall submit a preliminary site plan and/or site plan in accordance with the zoning ordinance and/or the commercial planned development district, as they currently exist, or may be amended.
(e)
Drainage.
If provisions are necessary for drainage facilities on the unplatted future phases of the development, then the plat shall include separate instruments for off-site drainage needs and shall include appropriate notes and descriptions providing the town with the appropriate permissions and approvals needed for access and for maintaining and improving the drainage system.
(Ordinance 2024-03 adopted 2/6/2024)
(a)
Provisions.
(2)
Final plat required for building permits or certificates of occupancy.
No building permit or certificates of occupancy shall be issued by the town 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 that does not comply with the subdivision ordinance, with the exception for a single home on a lot and existing structures.
(3)
Selling or transferring lots prohibited until completion.
No lot in any subdivision shall be sold or transferred until the plat is approved and recorded, and all subdivision ordinance standards, specifications, or requirements are met.
(b)
Enforcement; violations; penalties.
In addition to all other remedies and relief available to the town by law or in equity for a violation of this subdivision ordinance, the following nonexclusive forms of relief shall be available to the town.
(c)
Violations and penalties.
Any person who violates any of any part of this subdivision ordinance within the corporate boundaries of the town shall be subject to a fine(s) in accordance with the general penalty provided in section 1.01.009 of this code per day, or the highest amount authorized under law, whichever is lower, with each day constituting a separate violation. Separate violations may be cited together as separate counts of violations within one or more citations and be tried together in one proceeding at the election of the municipal court judge.
(d)
Civil enforcement.
Appropriate civil actions and proceedings may be maintained in law or in equity to prevent unlawful construction, to recover damages, to impose additional penalties, or to restrain, correct or abate a violation of this subdivision ordinance, whether such violation occurs with respect to lands within the corporate boundaries of the town or within the town's extraterritorial jurisdiction. These remedies shall be in addition to the penalties described above.
(e)
Withholding of subdivision acceptance.
The town may refuse to grant final acceptance of a subdivision that does not fully and completely comply with all terms and conditions of this subdivision ordinance including, but not limited to, the refusal to issue building permits and certificates of occupancy, the refusal to allow recordation of plats and/or plans, and the refusal to connect the property to town utilities and services.
(Ordinance 2024-03 adopted 2/6/2024)
Any owner or developer of any lot, tract, or parcel of land located within the corporate limits of the town or within its extraterritorial jurisdiction (ETJ) who wishes to subdivide land shall conform to the following procedure.
(1)
General overview of the platting process.
(A)
Pre-application meeting (optional).
(B)
preliminary plat submittal and approval (if necessary).
(C)
Final plat submittal and approval, with construction plans submitted concurrently.
(D)
Approval of construction plans.
(E)
Signature and filing of the final plat.
(F)
Construction of improvements.
(G)
Final inspection and submission of final acceptance documents.
(H)
Town acceptance of improvements (letter of final acceptance).
(I)
Building permits issued and lots sold or transferred.
(2)
Detailed steps.
The detailed steps within each phase of the subdivision development procedure are covered in this section, division 4, division 5, and division 6.
Figure 1: General Overview of the Platting Process.  |
(Ordinance 2024-03 adopted 2/6/2024)