See article 1.02.
(Ordinance 040, sec. 1, adopted 4/1/2002; Ordinance adopting Code)
(a)
The
purpose of this article is to provide for orderly, safe and healthful
development to promote the health, safety, morals and general welfare
of the community. From and after the passage of this article, all
plats and subdivisions of land within the corporate limits of the
city, and all plats and subdivisions of land outside the corporate
limits of the city that the board of aldermen may be petitioned to
include within the corporate limits of the city by an extension of
said corporate limits, and all tracts within the city's extraterritorial
jurisdiction, shall conform to the following rules and regulations.
(b)
The
system of improvements for thoroughfares, water and wastewater services,
other utilities, drainage, public facilities and community amenities
determines in large measure the quality of life enjoyed by the residents
of the community. Health, safety, economy, amenities, environmental
sensitivity and convenience are all factors which influence and determine
a community's quality of life and character. A community's quality
of life is of public interest. Consequently, the development of land,
as it affects a community's quality of life, is an activity whose
regulation is a valid function of municipal government.
(c)
The
provisions contained herein are designed and intended to encourage
the development of a quality urban environment by establishing standards
for the provision of open space, storm water drainage, transportation,
public utilities and facilities, and other needs necessary for insuring
the creation and continuance of a healthy, attractive, safe and efficient
community that provides for the conservation, enhancement and protection
of its human and natural resources. Through the application of this
article, the interests of the public as well as those public and private
parties, both present and future, having interest in property affected
by these regulations are protected by the granting of certain rights
and privileges.
(d)
This
article is designed and intended to achieve the following purposes,
and shall be administered so as to:
(1)
Assist orderly, efficient and coordinated development of land within
the city's jurisdiction.
(2)
Provide neighborhood conservation and prevent the development of
slums and blight.
(3)
Harmoniously relate the development of the various tracts of land
to the existing community and facilitate the future development of
adjoining tracts.
(4)
Provide that the cost of improvements to minimum standards which
primarily benefit the tract of land being developed be borne by the
owner or developers of the tract, and that the cost of improvements
to minimum standards which primarily benefit the whole community be
borne by the whole community.
(5)
Provide the most appropriate design for each tract being subdivided.
(6)
Provide an attractive relationship between the land as developed
and the circulation of traffic throughout the municipality, having
particular regard to the avoidance of congestion in the streets and
highways, and the pedestrian traffic movements appropriate to the
proposed development, and to provide for the proper location and width
of streets and building lines.
(7)
Prevent pollution of the air, streams, and ponds; to assure the adequacy
of drainage facilities; to safeguard both surface and groundwater
supplies; and to encourage the wise use and management of natural
resources throughout the municipality in order to preserve the integrity,
stability, and beauty of the community and the value of the land.
(8)
Preserve the natural beauty and topography of the municipality and
ensure appropriate development with regard to these natural features.
(9)
As appropriate, reconcile any differences of interest among the developer,
other property owners and the city.
(10)
Establish adequate and accurate records of land subdivision.
(11)
Ensure that public or private facilities are available and will have
a sufficient capacity to serve proposed subdivisions and developments
within the city's jurisdiction.
(12)
Standardize the procedure and requirements for developing property
and submitting plans for review and approval.
(13)
Protect and provide for the public health, safety, morals and general
welfare of the community.
(14)
Provide a healthy environment for the present and future citizens;
an environment designed to reasonably secure safety from fire, flood
and other dangers; and to provide that land be subdivided in a manner
to attain such goals and benefits for the community.
(15)
Protect the character and the social and economic stability of all
parts of the community and encourage the orderly and beneficial development
of all parts of the community.
(16)
Protect and conserve the value of land throughout the community and
the value of buildings and improvements upon the land.
(17)
Guide public and private policy and action in providing adequate
and efficient transportation systems, water and wastewater systems,
public utilities, and other public amenities and facilities.
(18)
Encourage the development of a stable, prospering economic environment.
(e)
Certain
minimum standards for land use, construction and development within
the city limits are contained in the city's zoning ordinance, applicable
building and plumbing codes, city standard details and specifications,
and this article. If only the minimum standards are followed, as expressed
by the various ordinances regulating land development, a standardization
of development will occur. This will produce a monotonous urban setting.
Subdivision design within both the city and its extraterritorial jurisdiction
should be of a quality to carry out the purpose and spirit of the
policies expressed in the master plan and in this article, rather
than be limited to the minimum standards required herein.
(Ordinance 040, sec. 2, adopted 4/1/2002; Ordinance adopting Code)
(a)
This
article is adopted pursuant to the police powers of general law cities,
and under authority of the Constitution and general laws of the State
of Texas, including, but not limited to, chapter 212, Texas Local
Government Code.
(b)
In
accordance with the city's police powers and authority, and as specifically
authorized by chapter 212, Texas Local Government Code, and other
applicable laws, the planning and zoning commission, as a condition
of subdivision plat or re-plat approval, shall require the owners
and developers of land who desire to subdivide, plat or re-plat, or
lay out any land for development within the city or its extraterritorial
jurisdiction, for urban development or other purpose, to provide for
building setback lines, to dedicate streets, alleys, parks, easements
or other public places or facilities of adequate width and size and
to coordinate street layouts and street planning with the city's master
plan, with other municipalities, and with county, state and federally
designated highways, as they may deem best in the interest of the
general public, in order to provide for the orderly development of
the areas and to secure adequate provision for traffic, light, air,
recreation, transportation, water, drainage, sewage and other facilities.
(Ordinance 040, sec. 3, adopted 4/1/2002)
Except as specifically provided otherwise herein, this article
shall apply to all subdivisions and all related land development activities,
as they are both defined herein, and all land, any part of which is
located within the jurisdiction of the city. The jurisdiction of the
city shall be defined as follows:
(1)
The
corporate limits of the City of Highland Haven, Texas; and
(2)
The
extraterritorial jurisdiction of the City of Highland Haven, Texas;
and
(3)
Any
additional area outside (1) and (2) above as permitted by law and
which has been approved by the board of aldermen.
(Ordinance 040, sec. 4, adopted 4/1/2002; Ordinance adopting Code)
In order to carry out the purposes hereinabove stated, it is
hereby declared to be the policy of the city to consider the subdivision
and/or development of land as subject to the control of the municipality,
pursuant to the master plan, if any, as adopted or amended from time
to time, for the orderly, planned, efficient and economical development
of the city and its jurisdiction. This section shall be administered
such that:
(1)
Land
to be subdivided and/or developed shall be of such nature, shape and
location that with proper and careful design and development it can
be safely used for building purposes without danger to health or risk
of fire, flood, erosion, landslide or other menace to the general
welfare.
(2)
A
final plat shall not be recorded until the necessary public utilities
and facilities and other required improvements exist or arrangements
are made for their provision.
(3)
Buildings,
lots, blocks and streets shall be arranged so as to provide for an
attractive and healthful environment and to facilitate fire protection,
and provide ample access to buildings for emergency equipment.
(4)
Land
shall be subdivided and developed with due regard to topography and
existing vegetation with the object being that the natural beauty
and natural resources of the land shall be preserved to the maximum
extent possible.
(5)
Existing
features which would add value to development or to the city as a
whole, such as scenic and special features, both natural and man-made,
historic sites, and similar assets shall be preserved in the design
of the subdivision whenever possible.
(Ordinance 040, sec. 5, adopted 4/1/2002)
(a)
The
provisions of this article, including design standards and improvement
requirements, shall, except as specifically provided otherwise in
this article, apply to all subdivisions of land within the jurisdiction
of the city, including but not limited to the following forms of land
subdivision and development activity:
(1)
The division of land into two (2) or more tracts, lots, sites or
parcels, any part of which shall contain less than five (5) acres
in area when subdivided;
(2)
The division of land into two (2) or more tracts, lots, sites or
parcels, any part of which when subdivided shall contain five (5)
acres or more in area and will require the dedication or conveyance
of any access, public right-of-way, easement, or any public improvement;
(3)
Land previously subdivided or platted into tracts, lots, sites or
parcels, which subdivision was subject to, but not in accordance with,
city or county ordinances in effect at the time of such subdividing
or platting;
(4)
The combining of two (2) or more contiguous tracts, lots, sites or
parcels for the purpose of creating one (1) or more legal lots in
order to achieve a more developable site, except as otherwise provided
herein;
(5)
Any planned unit development for which two (2) or more lots, tracts,
or parcels are designed, established or created for occupancy, use
or a building site, or for which a building permit, plumbing permit,
electrical permit, floodplain permit, utility tap, or certificate
of acceptance for required public improvements is required by the
city;
(6)
The platting of any existing legal deed-divided unplatted lot, parcel,
site or tract;
(7)
The voluntary platting and recording of a subdivision plat dividing
any land within the jurisdiction of the city into lots, parcels, sites
or tracts;
(8)
Any plat having received approval from the commission or the board
of aldermen for which said approval has expired; or
(9)
The dedication of any street or alley through any tract of land,
regardless of the area involved.
(b)
There
may be occasions when the board of aldermen deems it appropriate to
allow a delay in the implementation of certain elements of this article.
On those occasions, a development agreement shall be used in accordance
with the city policy.
(Ordinance 040, sec. 6, adopted 4/1/2002; Ordinance adopting Code)
(a)
The
provisions of this article shall not apply to:
(1)
Sales of land by metes and bounds in tracts of five (5) acres or
more in area, except as otherwise specifically provided in this article;
(2)
Cemeteries complying with all state and local laws and regulations;
(3)
Divisions of land created by order of a court of competent jurisdiction;
(4)
Any subdivision of land for which a concept plan, preliminary plan
or final plat has been filed with the city on or before the effective
date of this article, excluding any such plan or plat for which approval
has expired or hereafter expires; or
(5)
The combination of two (2) platted lots for the creation of a more
developable site and the planning and zoning commission finds that:
(b)
The
provisions of this article shall not apply to the division of an existing
legal lot, said division being caused by the city's acquisition of
a part of said legal lot, when the board of aldermen finds that the
acquisition by the city is in the best interest of the public health,
safety and welfare of the citizens of Highland Haven and/or its extraterritorial
jurisdiction. Upon the board of aldermen so finding, the resulting
parcels shall be deemed to constitute legal lots for the purposes
of developing under the requirements of this article and other applicable
city regulations. In creating said division, the board of aldermen
is empowered to attach to the resulting parcels acquired by the city,
and the remainder parcels not acquired by the city upon agreement
with the owner, such conditions as it finds reasonable and necessary
to offset any adverse effects resulting from the city's acquisition
as a part of the original legal lot, in so far as any such condition
is not contrary to the spirit and intent of this article.
(c)
The
provisions of this article shall not be construed, interpreted or
applied to land located within the extraterritorial jurisdiction of
the city in a manner to regulate:
(Ordinance 040, sec. 7, adopted 4/1/2002; Ordinance adopting Code)
(a)
No
subdivision of land within the city or its extraterritorial jurisdiction
may be recorded until a final plat, accurately describing the property
to be subdivided and platted, has been approved by the city in accordance
with this article and applicable laws, signed and dated by the chair
of the planning and zoning commission and/or other designated officers
of the city, and filed in the official county records.
(b)
No
building permit, certificate of occupancy, plumbing permit, electrical
permit, floodplain permit, utility tap or certificate of acceptance
for required public improvements shall be issued by the city for or
with respect to any land within the city limits; and no floodplain
permit, utility tap or certificate of acceptance for required public
improvements shall be issued by the city for or with respect to land
within the ETJ limits:
(1)
For any parcel or plat of land which was developed after the effective
date of, and not in conformity with, the provisions of this article;
and/or
(2)
Until, (i) all improvements required by this article, have been constructed
and accepted by the city, or (ii) assurances for the completion of
improvements have been provided in accordance with this article.
(c)
No
excavation or clearing of land, or construction of any public or private
improvements shall take place or commence, within six (6) months preceding
the date of application for the approval of any development or subdivision;
and no such excavation, clearing of land or construction shall begin
within any proposed subdivision until such time as the city engineer
approves the plans and specifications for such subdivision.
(d)
This
article may be further enforced by injunction and other judicial proceedings,
either at law or in equity; and, in lieu of or in addition to any
other authorized enforcement or action taken, any person who violates
any term or provision of this article, with respect to any land or
development within the city, [is punishable] by fine and penalties
as provided herein.
(Ordinance 040, sec. 8, adopted 4/1/2002)
