This article shall be known and may be cited as the "City of Bartlett Subdivision Code," and unless otherwise stated, the phrase "subdivision code" or "code" as used in this article means the City of Bartlett Subdivision Code.
(Ordinance 2023-1127-01, sec. 10-01, adopted 11/27/2023)
The subdivision and development of land is a major factor toward the process of achieving sound community development and makes up a public responsibility because at times, it includes the construction and dedication of public improvements; meaning, for example, streets, water, wastewater, drainage (stormwater), sidewalks, park facilities, utilities, and other public improvements shall be provided and thereafter maintained by the city. Therefore, it is in the interest of the public, the developer, property owners, and future owners that subdivisions and other developments be conceived, designed, and developed in accordance with appropriate design standards and development specifications. It is the intent of these regulations to aid in guiding the growth of the City of Bartlett ("city") and its extraterritorial jurisdiction ("ETJ") in an orderly manner; and to provide attractive, well-planned subdivisions with adequate streets, water, wastewater, drainage (stormwater), sidewalks, park facilities, utilities, and building sites in a manner that will be uniformly applied. The goals and objectives of this subdivision code are:
(1) 
To provide for the harmonious development of the urban area;
(2) 
To coordinate the supply of services as a tool for directing the optimal distribution of population in the urban area;
(3) 
To provide for the separation of pedestrian and vehicular traffic;
(4) 
To designate and preserve through advance dedication and reservation of rights-of-way for transportation corridors;
(5) 
To ensure the acquisition of land for public needs to include parks, schools, drainage, open space, fire, and police facilities;
(6) 
To preserve and maintain scenic vistas;
(7) 
To encourage the preservation of natural vegetation to minimize erosion;
(8) 
To restrict development in areas where hazards may result;
(9) 
To minimize the financial burden of urban development upon the city and taxpayers;
(10) 
To assure the accuracy of land records; and
(11) 
To address the needs of sensitive lands that would be adversely affected by the strict application of this code.
(Ordinance 2023-1127-01, sec. 10-02, adopted 11/27/2023)
(a) 
Authority.
From and after the date of its adoption, this code shall govern all subdivisions of land and other development activities specified herein within the city and within its extraterritorial jurisdiction ("ETJ"), under the authority conferred by chapter 212, Texas Local Government Code, and pursuant to the constitution of the State of Texas.
(b) 
Applicability.
(1) 
This code applies to approval of plats, subdivision plans, and other developments for the division or development of property.
(2) 
This code does not apply to applications for approval of zoning plans or plans required to accompany applications for building permits.
(3) 
Any application for plat or subdivision plan approval filed before the effective date of this code is governed by the subdivision procedures in effect immediately preceding this code. Any application for plat or subdivision plan approval filed after such date shall be processed under the requirements of this code.
(4) 
This code applies to divisions of land and other developments within the city's ETJ, except as otherwise expressly stated in the regulations or as may be prohibited by law.
(5) 
Property must be properly zoned before commencement of the platting process.
(Ordinance 2023-1127-01, sec. 10-03, adopted 11/27/2023)
(a) 
Usage and interpretation.
(1) 
Usage.
For purposes of this code, words and phrases have the meanings set forth below.
(2) 
Conflicts.
When words and terms are defined herein and are also defined in other ordinance(s) of the city, they are to be read in harmony unless there exists an irreconcilable conflict, in which case the definition contained in this section controls.
(3) 
Present and past tenses.
Words used in the present tense include the future tense; words used in the masculine gender include the feminine gender; words used in the singular number include the plural number; and words used in the plural number include the singular number.
(4) 
Specific word usage.
(A) 
The word "shall" or "will" is mandatory and not discretionary.
(B) 
The word "may" is permissive.
(C) 
The word "including" shall be construed as meaning "including, but not limited to".
(D) 
The word "includes" shall be construed as meaning "includes but is not limited to".
(E) 
The word "applicant," "developer," "owner," "person," or "individual" shall include corporations, partnerships, associations, and groups acting together as a single entity.
(F) 
The word "year" means 365 calendar days.
(G) 
The word "month" means 30 calendar days.
(H) 
The word "developer" is not, in all cases, interpreted as a reference solely to the property owner. The city administrator, or designee, may interpret "developer" to mean the property owner or persons acting on behalf of the property owner as an agent to which the city administrator, or designee, may require written affirmation of this relationship.
(5) 
Words not defined.
Terms not herein defined have the meaning assigned to them by state law or as applicable in other city ordinances. Terms not herein defined, nor defined in state law or any applicable city ordinance, have the meaning customarily assigned to them in the planning and zoning profession.
(6) 
Interpretation.
In the event a word or phrase used in this code is unclear or ambiguous, any interpretation shall be made in a manner that uses reasonable judgment to apply the intent and purpose of regulations to the specific situation in question. The city administrator, or such other official as designated by the city administrator, shall have the authority, upon request of an affected person, to interpret unclear or ambiguous words and phrases.
(b) 
Definitions.
100-year floodplain
means the land area that may be affected by the flood having a one percent (1%) chance of being equaled or exceeded in any given year, based upon a fully developed watershed and the capacity of a creek or other drainageway to accommodate stormwater runoff from a 100-year storm event.
Abutting
means adjacent, adjoining and contiguous to; it may also mean having a lot line in common with a right-of-way or easement, or with a physical improvement such as a street, utility line, park, open space, etc.
Access
means an approach or entrance to a property either from a public right-of-way or via a private way, alley, easement or other right of passage.
Adequate facilities plan ("AFP")
means a written plan that ensures that an adequate level of public facilities and services is available to efficiently serve the proposed and existing development.
Alley
means a minor right-of-way which provides a secondary means of vehicular access to abutting properties for delivery or public service purposes.
Block
means a grouping of residential lots (and their alleys) that are partially or fully surrounded by one or more streets. A block consists of one or two tiers of lots. Lots that are separated by an alley are in the same block, but lots that are separated by a street are in different blocks.
Building
means any structure which is built for the support, shelter, or enclosure of persons, animals, machinery, equipment, or movable property of any kind.
Building line or building setback line
means a line that is parallel, or approximately parallel, to the street right-of-way line at a specific distance therefrom and defines an area on the building lot, or tract, between the street right-of-way lines and the building line within which no structure shall be constructed.
Commission
means the city's planning and zoning commission, if any.
Comprehensive plan
means the city's adopted planning document and maps, to include the city's thoroughfare plan, along with any amendments, which is used as a guide for future development of the city and its surrounding areas.
Corner lot
means a lot or parcel of land bounded on two (2) sides, usually at a 90-degree angle, by public streets.
Council
means the governing body of the City of Bartlett.
County
means Williamson or Bell County, Texas, as applicable.
Crosswalk
means a marked area of public right-of-way generally not more than six feet (6.0') in width between right-of-way lines which provides pedestrian circulation.
Cul-de-sac
means a street having only one vehicular access to another street and terminated by a vehicular turn-around.
Dead-end street
means a street, other than a cul-de-sac, with only one vehicular outlet.
Development
means any activities related to the division of or development of land or installation of improvements thereon, including the construction, reconstruction, conversion, or enlargement of buildings or structures; the construction of impervious surfaces, including parking lots; the installation of streets, water, wastewater, drainage (stormwater) or park facilities, utilities, or other infrastructure; or any disturbance of the surface or subsurface of the land in preparation for such construction activities, including grading, drainage, storage, paving, clearing, cut or filling, and/or removal of vegetation or soil, removal of trees and any mining, dredging, excavation, or drilling operations. "Development" includes such activities on a previously platted lot or tract.
Development plat
means a single lot subdivision developed in accordance with subchapter B, chapter 212 Texas Local Government Code and this code.
Double-frontage lot
means a building lot, not a corner lot, which has frontage on two (2) streets that are parallel or within forty-five (45) degrees of being parallel to each other.
Driveway
means the paved or improved access, approach, or entrance to a property either from a public right-of-way or via a private way, alley, easement, or other right of passage.
Easement
means a right that is granted to the city, to the public generally, and/or to a private entity for the purpose of limited public or semi-public use across, over, or under private land. It may include a street right-of-way.
Extraterritorial jurisdiction ("ETJ")
means the unincorporated area that is contiguous to the corporate boundaries of the city pursuant to chapter 42, Texas Local Government Code, and as may be expanded or contracted from time to time by operation of state law or by agreement.
Final plat
means the map or plat of a proposed subdivision submitted to the city for approval by the commission or council.
Front or frontage
means that portion of a tract of land which abuts on a street to which it has direct access.
Homeowners' association ("HOA")
means a community association which is organized within a development in which individual owners share common interests and responsibilities for open space, landscaping, amenities, or facilities, and improvements and which operates under recorded land agreements. This term also includes a property owners' association (POA) and property management corporation (PMC), which are more typically formed for multi-family and nonresidential developments.
Lot
means a physically undivided tract or parcel of land having access to a 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 may be identified by a lot number or tract symbol on an approved subdivision or development plat which has been properly recorded.
Lot depth
means the horizontal distance measured perpendicularly between two points on the front lot line and two points on the rear lot line which creates an area that meets (or exceeds) the zoning district's minimum width and depth requirements.
Lot width
means the horizontal distance measured between side lot lines parallel to the front lot line, measured along the front building line.
Master plan(s)
means the thoroughfare plan, parks and recreation master plan, water master plan, wastewater master plan, stormwater master plan and other master plans adopted, or that may in the future be adopted, by the city.
Off-site improvements
means all required improvements beyond the property limits of the subdivision or development.
On-site improvements
means all required improvements within or contiguous to the proposed subdivision or development.
On-site sewage facility or OSSF
means an on-site wastewater system capable of complying with the current rules and regulations of the State of Texas and the county or any other applicable local entity.
Open space
means public and private property under public or common ownership designated for recreational use, private park, play lot area, building setback and ornamental areas open to general view within the development, areas to be retained for views and vistas, wildlife preserves, and land set aside for drainage ways. No parking shall be permitted in lands defined as open space.
Pavement width
means the portion of the surface of a street available for vehicular traffic. Where curbs are laid, "pavement width" shall be measured from back of curb to back of curb. In the absence of curbs, it is that portion of vehicular improvements.
Person
means any individual, association, firm, corporation, governmental agency, or political subdivision.
Plat
means a map drawing or plan identifying the layout of a subdivision and includes a preliminary plat, final plat, minor plat, amending plat, development plat and replat.
Pollution
means any substance which would generate, produce, or discharge any matter or thing into the atmosphere, surface of land, or watercourses, including noise or odor, which violates state, federal, or local laws and/or is offensive to a person of ordinary sensibilities.
Preliminary plat
means the first or introductory plat of a proposed subdivision submitted to the commission or council, as applicable.
Public facilities system
means the collection of water, wastewater, roadway, drainage (stormwater), or park facilities owned or operated by or on behalf of the city for the purpose of providing services to the public, including existing and new developments.
Public infrastructure or public improvement(s)
means a street, water, wastewater, drainage (stormwater), sidewalks, park facilities, utilities, and other improvements that is a part of one or more of the public facilities systems including public improvements required to be constructed in accordance with this code.
Record drawings,
sometimes referred to as "as-builts," means a group of drawings or plans that depicts the final configuration of the installed or constructed improvements of a development, improvements which have been verified by the contractor as their installation or construction occurs during development, reflecting the construction plans, or working drawings, used, corrected, and/or clarified in the field and signed by the project's design engineer.
Recording plat
means a final plat, development plat, amended plat, or replat which has been approved by the planning and zoning commission, city council, or city administrator, as applicable, and which has met the requirements for this code and is ready to be recorded in the deed records of the county.
Remainder tract
means any portion of a larger parcel that is not included within the boundaries of a plat.
Replat
means a plat for all or part of any lot(s) or block(s) of a previously platted subdivision, addition, lot or tract, other than an amending plat, whether or not the prior plat for the subdivision is proposed for vacation.
Rural road
means a rural road that does not meet the city's street standards.
Sidewalk(s)
means a paved pathway, normally located within public right-of-way or within a pedestrian easement, which is typically used by pedestrian traffic, bicycles, and other non-motorized personal conveyances.
Street(s)
means an access way for vehicular traffic and other public uses, whether designated a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, or however otherwise designated. An alley is not considered a street. Streets include the following types:
(1) 
An arterial street means a principal traffic artery or traffic way, generally having continuous routing over long distances, whose function is to serve as a principal connecting street with state and federal highways and shall include each street designated as an "arterial" on the thoroughfare plan.
(2) 
A collector street means a street whose primary function is to collect and distribute traffic between major thoroughfares and minor streets, is not necessarily having continuous routing for long distances, generally has intersections at-grade providing direct access to abutting properties and shall include each street designated as a "collector" on the thoroughfare plan.
(3) 
A local street means a street whose primary function is to provide access to abutting residential property within neighborhoods, with all intersections at-grade, and not having continuous routing for any great distances to discourage through traffic.
(4) 
A marginal access street means a street whose primary function is to provide a buffer between a subdivision fronting along an arterial street or highway. The purpose of these streets is to allow better through-traffic movement along arterials while preserving low-density residential living environments.
(5) 
An access street means a street that provides access to cluster housing unit developments limited to 10 dwelling units or less. Access streets provide direct vehicular access to individual garages, drives or common parking courts.
Subdivide or subdivision
means the division of a tract of land into two or more parts by using a metes and bounds description in a deed conveyance, a contract for deed, or by another manner such as platting, for the purpose of:
(1) 
Laying out a subdivision of any tract of land or any addition to the city;
(2) 
Laying out suburban lots or building lots or any lots; or
(3) 
Laying out streets, alleys, or parks or other portions intended for public use or the use of the purchasers, owners, or lessees of lots fronting thereon or adjacent thereto.
Subdivision or development application
means a request for approval of a plat or subdivision plan required to initiate the division or development of land.
Subdivision plan
means an adequate facilities plan or construction plans. A subdivision plan excludes a concept plan and/or approvals required pursuant to the city's zoning code.
Subdivision regulations or "these regulations"
means the standards and procedures for property development and division adopted by the council by ordinance, as may be amended from time to time.
Technical construction standards and specifications ("TCSS")
means the TCSS manual for the City of Round Rock [sic], or the city's latest adopted edition of standards and specifications applicable to the construction of public infrastructure or public improvements, as approved by the city engineer.
Texas Commission on Environmental Quality ("TCEQ")
means the environmental agency for the state or its successor.
Thoroughfare plan
will mean the city's planning document and maps when adopted, along with any amendments or supplements, which is used as a guide for the layout and configuration of major and secondary streets and highways and is a component part of the comprehensive plan as amended from time to time.
Undevelopable lot
means a lot that is unbuildable or cannot be feasibly developed due to conditions such as shape, size, slope, topography, amount of floodplain or floodway, unable to meet setbacks, unable to meet minimum size requirements for lots or improvements, lots less than one acre in size located in the ETJ, unable to accommodate utilities to serve the lot, incapable of meeting all applicable requirements for constructing utilities and buildings, or other impairments to lawful development.
Vested right
means a right of an applicant in accordance with chapter 245, Texas Local Government Code, as amended, requiring the city to review and decide the development application under standards in effect prior to the effective date of the standards of the subdivision regulations or any subsequent amendments thereto.
Waiver, major
has the meaning set forth in section 9.03.068 [9.03.069].
Waiver, minor
has the meaning set forth in section 9.03.068 [9.03.069].
Wastewater
means a waterborne industrial waste, recreational waste, domestic waste, or combination of these wastes, as defined by the TCEQ.
Zoning plan
means a concept plan, site plan, or similar document required to determine compliance with land use regulations which are authorized under chapter 211, Texas Local Government [Code].
(Ordinance 2023-1127-01, sec. 10-04, adopted 11/27/2023)
(a) 
Duty to file plat.
Except as otherwise provided in section 9.03.006 [9.03.005], the owner of land located within the city or extraterritorial jurisdiction who proposes to divide or develop the land shall have a plat of the land approved as provided in this code. A division of land under this section includes a division of land by metes and bounds, or in a contract for a deed, contract of sale, or other executory contract for conveyance. No improvements to the land shall be commenced or any type of development or building permit shall be issued until compliance with this code is achieved.
(b) 
Exemptions.
The following subdivisions are exempted from the above-stated platting requirement:
(1) 
A conveyance of land by dedication, lease, or sale to a public agency for a street or other type of right-of-way, utility line, or drainage facility, provided that said conveyance is accepted and approved by the public agency.
(2) 
Leases, including a lease of public property.
(3) 
Any property subdivided or developed prior to December 1, 2023 provided that the platting application does not relate to replats or amended plats and each part of the subdivided property was adequately served by the following after the subdivision:
(A) 
Streets constructed and previously accepted for maintenance by the city or county, whichever is applicable;
(B) 
Water improvements as currently required by this article or other applicable ordinances;
(C) 
Wastewater or individual OSSF disposal system as currently required by this article or other ordinances;
(D) 
Storm drainage facilities as currently required by this article or other applicable ordinances; and
(E) 
Easements or rights-of-way as may be currently required by this article or other applicable ordinance for the installation of any of the above-stated improvements.
(4) 
In accordance with section 212.004(a), Texas Local Government Code, the division of land into two or more parts provided that:
(A) 
All parts after the division of land are larger than five acres;
(B) 
No public improvement is required by this code to be dedicated or constructed; and
(C) 
After the division, each part has access.
For purposes of this subsection, "access" means connection to an existing public right-of-way abutting each part of the subdivided property, on which right-of-way is constructed on a publicly maintained paved street or road, unless access by some other means has been previously approved by the city. A person proposing to divide land under this subsection may apply for an exemption determination from the city administrator.
(Ordinance 2023-1127-01, sec. 10-05, adopted 11/27/2023)
(a) 
General delegation.
All actions set forth in this code for matters not designated for decision by the commission or reserved to the city council or otherwise expressly delegated hereby, are delegated to the city administrator, except as otherwise required by law.
(b) 
City engineer.
The city engineer, or designee ("city engineer"), is the responsible official for approval of construction plans, preparing rough proportionality determinations, overseeing construction management, and promulgating standard specifications applicable to subdivision approvals.
(c) 
City administrator.
The administrator is responsible for filing plat and subdivision plan applications; for preparing recommendations for approval, conditional approval, or disapproval of plat and adequate facilities plan applications to the commission/council; for promulgating requirements for such plat or plan applications; for deciding exemption requests; and for approving adequate facilities plans. In carrying out these duties, the administrator shall consult with the city engineer and other city departments and officials and his or her recommendations shall reflect such communications.
(d) 
Planning and zoning commission.
If appointed, the commission is responsible for approving plats and granting specified waivers to platting requirements.
(e) 
City council.
The city council acts as the planning and zoning commission in the absence of an appointed planning and zoning commission and the city council is responsible for reviewing appeals planning and zoning commission, [sic] from rough proportionality determinations and waiver requests and for adopting changes to the subdivision and development regulations.
(Ordinance 2023-1127-01, sec. 10-06, adopted 11/27/2023)
(a) 
Establishment and amendment of filing fees.
A schedule of filing fees for plat and subdivision plan applications shall be established by the city council by resolution or ordinance, as amended from time to time.
(b) 
Fees nonrefundable.
All filing fees are nonrefundable.
(Ordinance 2023-1127-01, sec. 10-07, adopted 11/27/2023)
(a) 
Commission/council authorization required.
(1) 
No plat of any subdivision or development within the city or its ETJ shall be recorded in the real property records of the county and has no validity until such has been approved by the commission or the city council, as applicable, in the manner prescribed by this code.
(2) 
No changes, erasures, modifications, or revisions shall be made in any plat of a subdivision after approval has been given by the commission/council, as applicable and endorsed in writing on the plat, unless such changes are approved by the commission/council.
(3) 
Until a plat has been approved by the commission/council and filed for record in the real property records of the county, no person shall transfer title of any parcel of such land, nor shall there be initiated any construction of residences or other buildings or private wastewater disposal systems, nor shall any such property be served with public utilities. This prohibition does not apply to the construction of approved streets and utilities, provided that said utilities do not become operable and serve the development until such time as the recording plat is approved and recorded.
(b) 
Withholding permits and services.
(1) 
The city shall not issue a permit for construction on a lot in a subdivision or development for which a recording plat has not been approved and recorded.
(2) 
The city shall withhold all public improvements, including the maintenance of streets and the furnishing of wastewater facilities and water service, to a subdivision or development for which a recording plat has not been approved and recorded.
(c) 
Enforcement.
(1) 
Purpose and applicability.
(A) 
Generally.
This article sets out the powers, remedies, and procedures of the city to enforce the provisions of these regulations prior to and in a court of competent jurisdiction. This article shall not limit the powers of the city to pursue multiple or alternative actions, remedies, and penalties allowed herein or by law.
(B) 
Applicability.
Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or resists the enforcement of any of the provisions of these regulations shall be found to be in violation of this code and shall be subject to the fines and penalties set out herein.
(C) 
Penalties.
The violation of any provision of this code shall be punished by a maximum fine as follows:
(i) 
Two thousand dollars ($2,000.00) for violations of all provisions that govern fire safety, zoning, or public health and sanitation; and
(ii) 
Five hundred dollars ($500.00) for all other violations.
(iii) 
Each day of a violation is considered a separate violation.
(2) 
Enforcement procedures.
(A) 
Generally.
This section establishes the authorities of the city and procedures to monitor, investigate, and enforce the provisions of these regulations.
(B) 
Administration.
The provisions of this code shall be administered and enforced by the city administrator, or designee, in consultation with the city attorney as may be necessary, or other officials in the exercise of this duty.
(C) 
Filing a complaint.
Any person may allege a violation of this code by a written and signed complaint that is filed with the city. Such complaint shall state the factual basis for the alleged violation along with the complainant's contact information.
(D) 
Right to enter.
The city administrator, or designee, shall have the right to enter upon any premises at any reasonable time for the purposes of making periodic inspection of a building's exterior and/or premises or investigating alleged violations as are necessary to enforce these regulations.
(E) 
Compliance information required.
Whenever the designated city official, based on a sworn complaint from any person or based on other information available to the official, has reason to believe that a violation of these regulations exists, they may require an owner/operator to provide information as may be necessary to determine the existence or extent of any violation.
(F) 
Notice of violation.
Upon determining a violation, the city shall issue a written notice of violation to the owner/operator of property upon which a violation of these regulations exists. Such notice shall set out the grounds upon which the notice is based, including the specific code section or sections at issue. Notices shall conform to the requirements of section 54.005, Notices to Certain Property Owners, of the Texas Local Government Code.
(G) 
Correction of violation.
Upon notification of a violation, the person responsible for the violation shall correct the violation immediately.
(3) 
Administrative enforcement powers and remedies.
(A) 
Generally.
The city may use one or a combination of administrative enforcement efforts prior to and without judicial process to enforce these regulations.
(B) 
Withholding or denying permits and approvals.
The city may withhold, revoke, or deny all permits, approvals, or other authorizations on any land, building, or structure for which there is an uncorrected violation.
(C) 
Suspension of permits.
The city may suspend permits, for a period of up to sixty (60) days to allow for the correction of the violation or the judgment of a court of competent jurisdiction.
(D) 
Stopping work.
The city may stop work on any site, building, or structure on such property where an uncorrected violation exists. The city administrator or designee shall order the work stopped by notice in writing (referred to as a "stop-work order") served on any persons engaged in the doing or causing such work to be done. The stop-work order shall be posted on the property adjacent to the activity in question, and any such person shall stop work accordingly until authorized by the city to proceed with the work. The city may revoke permits as part of its effort to stop work pursuant to subsection (E) (revocation of permits and approvals), below.
(E) 
Revocation of permits and approvals.
(i) 
Revocation.
Any permit, certificate of occupancy, or other permit or approval required under these regulations shall be revoked when it is determined that:
a. 
There is a departure from the approved plans, specifications, limitations, or conditions as required under the permit or approval;
b. 
The permit or approval was procured by false representation;
c. 
The permit or approval was issued in error; or
d. 
There is a violation of any provision of these regulations.
(ii) 
Written notice.
When revoking a permit, the city shall provide written notice of such revocation to the permit holder, stating that the subject violation shall be corrected in no less than ten (10) days.
(iii) 
Effect of notice.
No work or construction may proceed after service of the revocation notice unless such work is to correct a violation.
(4) 
Severability.
If any section, paragraph, subdivision, clause, phrase, or provision of the ordinance adopting the subdivision code is adjudged invalid or held unconstitutional, the same shall not affect the validity of the ordinance or this code as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional.
(Ordinance 2023-1127-01, sec. 10-08, adopted 11/27/2023)