City of Nolanville, TX Exhibit 10A Subdivision Ordinance

§ 1 GENERAL PROVISIONS.

A. 

DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

1. 

APPLICATION.

A submission for a plan, plat, or permit under this article that includes all required documents and has been deemed administratively complete by the city.

2. 

DEVELOPMENT.

The new construction or the enlargement of any exterior dimension of any building, structure, or improvement.

3. 

EXTRATERRITORIAL JURISDICTION.

A city’s extraterritorial jurisdiction as determined under Tex. Loc. Gov’t Code, Chapter 42.

4. 

FILING.

The date on which an administratively complete application for a plan, plat, or permit is submitted to the city on a day or date on which it is accepting filing of such plans, plats, and permits.

5. 

LIVING UNIT EQUIVALENT.

The typical flow that would be produced by a small single-family residence (SFR). A LUE is assumed to represent three (3) people living in a residence.

6. 

MAY.

Deemed permissible.

7. 

SHALL.

Deemed as mandatory.

8. 

STREET.

A way for vehicular and non-vehicular traffic, whether designed as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, or other designation. Streets may be classified as follows:

(a) 

Residential streets.

These are streets that serve individual residential lots. They carry low traffic volumes at low speeds.

(b) 

Minor collectors.

These are streets generally located within subdivisions or between subdivisions to collect traffic from residential streets and to channel this traffic to the major collectors. Residential lots may front on these streets.

(c) 

Major collectors.

These streets are generally located along borders of neighborhoods and within commercial areas to collect traffic from residential areas and to channel this traffic to the arterial system. These are limited access roads with no residential lots fronting on them.

(d) 

Minor arterials.

High volume streets that conduct traffic between communities and activity centers and connect to major state and interstate highways. These are limited access roads with no residential lots fronting on them.

(e) 

Major arterials.

High volume streets with six or more lanes. These are limited access roads with no residential lots fronting on them.

(f) 

Alley.

A minor way which is used primarily for vehicular access to the back or side of properties otherwise abutting on a street.

(g) 

Throat length.

Distance measured from centerline of intersecting street to beginning of cul-de-sac bulb.

9. 

SUBDIVISION.

The division of any lot, tract, or parcel of land situated within the corporate limits of the city or within its extraterritorial jurisdiction, by plat, map, or description into two or more parts, lots, building lots, sites, or building sites, for the purpose, whether immediate or future, of sale, rental, lease, or division of ownership. The dedication and laying out or realignment of streets, roads, alleys, rights-of-way, highways, parks, easements or other portions intended for public use with or without platting is also a SUBDIVISION. This definition excludes the division of and [land] or lots of land for agricultural purposes in parcels of five acres or more unless any such division of five acres or more includes the planning or development of a new street or access easement or re-alignment of an existing street.

10. 

WALK.

A public walkway.

B. 

FEE SCHEDULE.

Fees shall be as designated in the Fee Schedule Ordinance approved by the City Council as part of the current fiscal year’s operating budget.

C. 

EXTRATERRITORIAL JURISDICTION.

1. The City Council finds that to promote the health, safety, morals, or general welfare of the city and the safe, orderly, and healthful development of the city, it is necessary to extend to the extraterritorial jurisdiction of the city the application of the ordinance prescribing rules governing plats and subdivisions of land.

2. Pursuant to Tex. Loc. Gov’t Code, the city hereby extends to its extraterritorial jurisdiction the application of this chapter which prescribes the rules governing plats and subdivisions of land.

3. The fine or criminal penalty prescribed in Section 6(C) does not apply to a violation in the extraterritorial jurisdiction.

D. 

THOROUGHFARE PLAN ADOPTED.

1. The Thoroughfare Plan Map of the City of Nolanville is hereby adopted and approved by the City Council as the Transportation Thoroughfare Plan Map.

2. The Transportation Thoroughfare Plan is the city’s general plan for guiding thoroughfare system development, including sidewalks, the planned widening and extension of its roads, streets, and public highways within the city and its extraterritorial jurisdiction (ETJ). The plan indicates the needed rights-of-way, general alignments for planned new roadways, as well as plans for widening and extensions of existing thoroughfares. Proposed general alignments are shown for planned new roadways, but actual alignments may vary depending upon the topography of the land and changing conditions. The importance of thoroughfare planning is to decide, in advance, the general location and type of thoroughfares that are needed to serve the projected future mobility needs of the city and region, and to require consideration of thoroughfare right-of-way needs concurrent with new development or redevelopment.

3. Sidewalks and other pedestrian pathways such as linear parks along drainage channels are required to move people safely to and from schools and commercial areas while providing opportunity for neighborhoods to be more neighborly and residents to walk, exercise, etc.

4. The plan shows approximate alignments and right-of-way requirements for planned thoroughfares that should be considered in platting of subdivisions, required right-of-way dedication, and construction of major roadways. The plan does not show future alignments of residential streets because the function of these streets is to provide access to adjacent land development. The alignment of residential streets may vary depending upon specific development plans. Minor collectors’ alignments are to be determined based on function approval during the planning process for new developments.

5. The original of the Thoroughfare Plan Map shall be filed in the office of the City Secretary. It shall be the official map and shall bear the signature of the Mayor and attestation of the City Secretary. It shall not be changed in any manner except as the Council may amend this Thoroughfare Plan from time to time. In case of any question, the Thoroughfare Plan Map, together with any amending ordinances, shall be controlling.

6. Additional copies of the original map shall be placed in the offices of the Public Works Director. These copies shall be maintained up-to-date by posting thereon all subsequent amendments and shall be identified as the official Thoroughfare Plan Map.

E. 

DEVELOPER’S PRESENCE REQUIRED.

The developer or their authorized representative must be present at all Planning and Zoning Commission Meetings and City Council Meetings at which their plan or plat is on the agenda for discussion or action. Failure of the developer or their authorized representative to appear before the Planning and Zoning Commission or City Council during a meeting on which the plan or plat is on the agenda for discussion or action may be deemed a withdrawal of the plat or plan.

(Ordinance Z20-07 #1 adopted 7/2/20)

§ 2 PROCEDURE FOR APPROVAL.

A. 

DEVELOPMENT CONCEPT PLAN.

1. 

General.

A Development Concept Plan is the developer's concept of how he or she intends to develop a site. The purpose of the development concept plan is to allow the city lead time necessary to assist in the development process and to plan and coordinate the construction of necessary infrastructure (depending on the availability of funds the city may participate in over-sizing of infrastructure if the city deems it necessary above what is required to serve the planned area or above ordinance requirements). It is also intended to allow the developer to comprehensively plan in a coherent method for the development of the different phases of his or her development.

2. 

Requirement.

A Development Concept Plan is required when land is developed in more than one phase. It provides an opportunity for the developer to illustrate his or her proposed plans before the expense of extensive design is incurred. A Development Concept Plan is binding and must be complied with; however, it may be amended at the request of the developer. Substantial amendments or changes to an approved Development Concept Plan must be reviewed by the Planning and Zoning Commission with final approval by the City Council. Minor amendments may be approved by the City Manager or designee. Minor amendments are those that:

(a) Increase by 10% or less the number of lots or potential structures that can be accommodated by the infrastructure; or

(b) Reduce the number of lots.

(c) Any proposed change in infrastructure is considered major amendment.

3. 

Form and Content.

The Development Concept Plan shall be drawn to a scale of 1 inch equals 200 feet or larger, depicting at a minimum the following elements as applicable:

(a) Perimeter of entire property;

(b) Perimeter of all proposed phases;

(c) Lines depicting approximate locations of streets with right-of-way widths and pavement widths;

(d) Lines depicting approximate locations of water and sewer lines with sizes. Required lift stations must be shown;

(e) Contour lines and drainage plan;

(f) Proposed land uses;

(g) Proposed densities and/or lot sizes;

(h) Proposed zoning;

(i) Impacts on traffic and existing utilities such as sewer demand calculations;

(j) Easements necessary to serve adjacent properties;

(k) Signature blocks for the Mayor, City Secretary and Planning and Zoning Commission Chair or the Planning and Development Director, depending on the nature of the plan.

(l) Plat amendment fees apply in accordance with the fee schedule.

4. 

Processing.

(a) Administrative Review: One (1) paper copy and one (1) digital copy of the Development Concept Plan shall be submitted to the City Manager or designee. The Development Concept Plan shall be reviewed by the City Manager or designee and affected city staff for conformity with the city's plans, major thoroughfare plan, utility master plan, zoning, engineering standards and specifications, city ordinances and other city standards.

(b) Upon completion of the administrative review, the owner or authorized representative shall submit an application and fee to the Planning and Zoning Commission and City Council for consideration, conveying staff comments and recommendations. Applications shall only be accepted during the last week of each month and must have an administrative review prior to submission.

(c) The Planning and Zoning Commission shall study the plan and all recommendations. Particular attention will be given to the arrangement, location and width of streets and their relation to the topography of the land; lot sizes and arrangement; water and sewer lines; drainage; the further development of adjoining lands; and the requirements of city ordinances, policies and plans.

(d) The Planning and Zoning Commission shall act on the plan and may advise the developer of any specific changes or additions they will require in the layout or comment on the character and extent of improvements and dedications that will be required as a prerequisite to the approval of final plats. The Planning and Zoning Commission shall forward the plan with their recommendations to the City Council. The City Council may decide the following actions which will be documented in the meeting minutes:

i. Approve.

ii. Approve with conditions. Each condition or reason specified in the written statement must be directly related to the requirements under the subdivision platting law and include a citation to the law, including a statute or municipal ordinance, that is the basis for the conditional approval or disapproval, if applicable. The conditions may not be arbitrary.

iii. Disapprove with explanation.

(e) If a the conditional approval or disapproval with explanation of a plan or plat was given by City Council, the applicant may submit to the municipal authority or governing body a written response that satisfies each condition for the conditional approval or remedies each reason for disapproval provided, and the municipal authority or governing body may not establish a deadline for an applicant to submit the response. Responses to a conditionally approved or disapproved submission require reconsideration by the City Council within 15 days.

(f) Once the plan has been approved by the City Council and/or conditional approval requirements are met, the final digital copy and two (2) hard copies shall be submitted to the city. A Development Concept Plan will expire one year after approval unless:

i. An extension is applied for and granted by the City Manager or designee;

ii. Development activity as determined by the City Manager or his or her designee occurs within the one-year period following approval. In no event may an extension be granted for a period exceeding one year. Should development activities not take place in any subsequent phases for three years after the previous phase had been developed or partially developed, the plan shall be considered expired and void. If the regulations, requirements or standards change during the three years, the Planning and Zoning Commission and City Council may grant an extension subject to the new regulations at the request of the developer. The Building Official may grant an extension if the regulations, requirements or standards have not changed.

B. 

PRELIMINARY PLAT.

1. 

Requirement; In General.

(a) The owner or authorized representative shall submit a Preliminary Plat Application and fee to the City for consideration. Applications shall only be accepted during the last week of each month and must be administratively complete.

(b) General subdivision information shall describe or outline the existing conditions of the site and the proposed development as necessary to supplement the drawings required in this section. This information may include data on existing covenants, land characteristics, and available community facilities and utilities; and information describing the subdivision proposal such as the number of residential lots, typical lot width and depth, price range, business areas, playgrounds, park areas, and other public areas, proposed protective covenants and proposed utilities and street improvements.

(c) Location map shall show the relationship of the proposed subdivision to existing community facilities which serve or influence it. Include development name and location, main traffic arteries, public transportation lines, shopping centers, elementary and high schools, parks, and playgrounds, principal places of employment, other community features such as railroad stations, airports, hospitals, and churches, scale, north arrow, and date.

(d) Sketch plan on topography survey shall show in simple sketch form the proposed layout of streets, lots and other features in relation to existing conditions. The sketch plan may be a freehand pencil sketch made directly on a print of the topographic survey. In any event the sketch plan shall include either the existing topographic data listed in Sections 2(B)(2)-(4) [Subsections B2-B4], or such of these data as the Planning & Zoning Commission determines is necessary for its consideration of the proposed sketch plan.

(e) A developer will obtain a statement from utility companies that they are aware of the subdivision and foresee no difficulties in providing service to the area. A statement will be forwarded with the preliminary plat.

2. 

Form and Content; Topographic Data.

Topographic data required as a basis for the preliminary layout shall include existing conditions as follows, except when otherwise specified by the Planning & Zoning Commission:

(a) Boundary lines: Bearings and distances.

(b) Easements: Location, width, and purpose.

(c) Streets on and adjacent to the tract: Name and right-of-way width and location; type, width, and elevation of surfacing; any legally established centerline elevations, walks, curbs, gutters, culverts, and the like.

(d) Utilities on and adjacent to the tract: Location, size, and invert elevation of sanitary, storm, and combined sewers; location of gas lines, fire hydrants, electric and telephone poles, and streetlights; if water mains and sewers are not on or adjacent to the tract, indicate the direction and distance to, and size of the nearest ones, showing invert elevation of sewers.

(e) Ground elevations on the tract, based on a datum plane approved by the Planning & Zoning Commission.

i. For land that slopes less than approximately 2% show spot elevations at all breaks in grade, along all channels and ditches or swales and at selected points not more than 100 feet apart in all directions.

ii. For land that slopes more than 2% show contours with an interval of not more than five feet.

(f) Subsurface conditions on the tract, if required by the Planning & Zoning Commission: Location and results of tests to ascertain subsurface soil, rock, and groundwater conditions, depth to groundwater unless test pits are dry at a depth of five feet; location and results of soil percolation test if individual sewage disposal systems are proposed.

(g) Other conditions on the tract if required by the Planning & Zoning Commission: Watercourses, marshes, rock outcrop, wooded area, isolated preservable trees between street lines eight inches or more in diameter, houses, barns, shacks, and other significant features.

(h) Other conditions on adjacent lands: Approximate direction and gradient of ground slope, including any embankments or retaining walls; character and location of buildings, railroads, power lines, towers, and other nearby nonresidential land uses or adverse influence; owners' names on adjacent unplatted land; for adjacent platted land refer to subdivision plat by name and date of recording, and show approximate present build-up, typical lot size, and dwelling type.

(i) Photographs, if required by the Planning & Zoning Commission, camera location, directions of views and key numbers.

(j) Zoning on and adjacent to the tract.

(k) Proposed public improvements: Highways or other major improvements planned by public authorities for future construction on or near the streets.

(l) Key plan showing location of the tract.

(m) Title and certificates: Present tract designation according to official records in office of County Clerk; title under which proposed subdivision is to be recorded, with names and addresses of owners, notation stating acreage, scale, north arrow, datum, benchmarks, certification of registered civil engineer or surveyor, date of survey.

(n) Deed restrictions.

3. 

Form and Content; Preliminary Layout.

Preliminary layout shall be at a scale of 200 feet to one inch or larger. It shall show all existing conditions required in division(A) [Subsection A], topographic data, and shall show all proposals including the following:

(a) Streets: Street names, right-of-way widths, approximate grades and gradients, similar data for alleys, if any.

(b) Other rights-of-way or easements: Location, width, and purpose.

(c) Location of utilities, if not shown on other exhibits.

(d) Lot lines, lot numbers, and block numbers.

(e) Sites, if any, to be reserved or dedicated for parks, playgrounds, or other public uses.

(f) Sites, if any, for multifamily dwellings, shopping centers, churches, industry, or other non-public uses, exclusive of single-family dwellings.

(g) Minimum building setback lines.

(h) Site data, including number of residential lots, typical lot size, and acres in parks, and the like.

(i) Title, scale, north arrow, and date.

4. 

Form and Content; Other Preliminary Plans.

When required by the Planning & Zoning Commission, the preliminary layout shall be accompanied by profiles showing existing ground surface and proposed street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision; typical cross-sections of the proposed grading, roadway and public sidewalk, and preliminary plan of proposed sanitary and stormwater sewers with grades and sizes indicated. All elevations shall be based on a datum plane approved by the Planning & Zoning Commission.

5. 

Processing.

Following the review by the City Manager, City Planning & Zoning Commission, Department Heads and Building Official involved of the preliminary layout and other material submitted for conformity there of to the regulations of this chapter, and negotiations with the subdivider on changes deemed advisable and the kind and extent of improvements to be made by the subdivider, the Planning & Zoning Commission shall, within 30 days, act thereon as submitted or modified, and if approved, the Planning & Zoning Commission shall make a recommendation to the City Council. The City Council shall either: Approve; conditionally approve and state the conditions of such approval; or disapprove and state the reasons for disapproval.

6. The action of City Council shall be noted on at least two copies of the preliminary layout, referenced and attached to any conditions determined. One copy shall be returned to the subdivider and the other shall be retained by the City.

7. Approval of a preliminary plat shall not constitute approval of the final plat. Rather it shall be deemed as expression of approval to the layout submitted on the preliminary plat as guide to the preparation of the final plat.

C. 

CONSTRUCTION PLANS REVIEW.

1. 

In General.

Construction Plans conforming to the North Central Texas Council of Government's Public Works Standard Specifications and Standard Drawings, Latest Edition, and this Code must be submitted to the City Engineer for all existing or proposed streets, sidewalks, drainage, and utility improvements, and any other infrastructure or public improvements that are required or proposed to be constructed, reconstructed, improved or modified to serve the development. Where the Final Plat is for property being developed in phases, the required Construction Plans must include the improvements specified in the Preliminary Plat to serve the phase being platted. The Construction Plans are intended to provide detailed engineering drawings for all improvements required to serve the development. The Construction Plans shall be kept as a permanent record of the City.

2. 

Construction or Financing of Public Improvements.

(a) After approval of a Preliminary Plat, the subdivider shall notify the City Engineer as to the construction procedure the subdivider proposes to follow. One of the following procedures shall be used:

i. The subdivider may file Construction Plans, and, upon approval of the Construction Plans by the City Engineer, proceed with construction of streets, alleys, sidewalks, and utilities that the subdivider is required to install.

ii. The subdivider may elect to file a "financial guarantee of performance" or "post fiscal," in which case the guarantee of performance shall be filed with the City, and the subdivider shall be required to post fiscal surety in the amount of 125% of all public improvements prior to Final Plat recordation, a plat may be recorded without acceptance of the required public improvements through the posting of fiscal surety. Fiscal surety shall be provided in an amount of at least 125% of the cost of the required public improvements, as estimated by a licensed engineer and approved by the City Engineer. The City Engineer has the discretion to, but is not obligated, to reduce the percentage of the fiscal surety instrument based on the amount of construction completed. The financial instrument shall state the name of the development or subdivision and shall list the required improvements and estimate costs thereof. A plat shall not be recorded until financial security is delivered to the city in a form provided by the City and approved as to form by the City Attorney. No release of any security shall occur until the City has formally accepted the improvements that are the subject of the security.

(b) Upon completion of construction the subdivider shall deliver to the City a two-year maintenance bond.

i. 

Maintenance Bond.

Before the release of any surety instrument guaranteeing the construction of required subdivision improvements or the signing of the final plat where subdivision improvements were made prior to the filing of the final plat for recordation the subdivider shall furnish the city with a maintenance bond, or other surety instrument such as a letter of credit or escrow account. The purpose of the maintenance bond/surety instruments to assure the quality of materials and workmanship and maintenance of all required improvements including the city's costs for collecting the guaranteed funds and administering the correction and/or replacement of covered improvements in the event the subdivider defaults. The maintenance bond or other surety instrument shall be satisfactory to the City Attorney as to form, sufficiency, and manner of execution. All public works improvements including streets and water/wastewater improvement, said bond or other instrument shall be in an amount equal to 40% of the cost of improvements verified by the City Engineer and shall run for a period of two calendar years. Bell County Water Control & Improvement District #3 shall have the authority to require repairs or replacements through the City by declaring defaults in writing. Effective time frame for bonds or other instruments will be measured from the date of release of the performance surety instrument or signing and recording of the final plat whichever is later. In an instance where a maintenance bond or other surety instrument has been posted and a defect or failure of any required improvement occurs within the period of coverage, the city may declare said bond or surety instrument to be in default and require that the improvements be repaired or replaced.

ii. Whenever a defect or failure of any required improvement occurs within the period of coverage, the city shall require that a new maintenance bond or surety instrument be posted for a period of one full calendar year, except streets and water/wastewater improvements which will be for two calendar years. The amount of the bond or instrument will be equal to the amount required to correct the fault or failure. Effective time frame for the new maintenance bond or other instrument shall begin on the date the city inspects and approves the required correction.

(c) A conditional construction permit for a model home may be issued once the streets to the subdivision have been constructed to sub-grade and water service and a fire hydrant are located within 500 feet of the lot on which the model home is located. The Building Official shall note on the permit that the property owner accepts all responsibility for commencing construction prior to completion of the public improvements and City acceptance of the subdivision. The Certificate of Occupancy for the model home will not be issued until the subdivision and all public improvements have been accepted by the City, a Final Plat has been filed with the County and all utilities are connected to the home.

(d) The Construction Documents, when duly signed and approved by the City Engineer, are authority to proceed with the construction of streets and utilities.

(e) Responsibility of Subdivider's Engineer:

i. The professional engineer representing the subdivider is responsible for the accuracy, completeness, and conformance to the City's Construction Specifications, as well as the design specifications adopted and enforced by all utility providers who serve the tracts within the subdivision, this code, and all applicable City and County standards. The city and its representatives have no project design or engineering responsibility.

3. 

Form and Content.

(a) The purpose of the City Engineer's review is to ensure conformance to city policies and standards. However, the City Engineer's review is limited to the facts as presented on submitted plans.

i. The City Engineer shall approve Construction Plans that are submitted and sufficiently show compliance with any City-Approved or adopted design or construction criteria, or in the absence of City-approved or adopted design requirements, standard engineering practices.

ii. All Construction Plans are subject to the approval of other entities that are separate from the City, including water utility districts for water and wastewater, emergency services districts, and Bell County. The City reserves the right not to accept Construction Plans until they have been approved by all other entities who are required for approval before construction can begin.

iii. The City reserves the right to require corrections to actual conditions in the field that are found to be contrary to or omitted from submitted plans.

iv. The City Engineer shall not approve Construction Plans that do not adequately represent construction of the approved infrastructure and public improvements included in the approved Preliminary Plat.

(b) For the purpose of this Chapter, a complete set of Construction Plans shall include the following plans or sheets (generally in this order) as well as any additional plans or sheets deemed necessary and requested by the City Engineer.

i. Cover or title sheet (with list of all plans)

ii. Preliminary Plat

iii. Existing conditions plan (unless these items are shown on the Preliminary Plat itself, which shows existing topography, vegetation, tree inventory of those trees with a diameter of eight inches (8") or greater (when measured four feet (4') above the natural grade) located within twenty feet (20') of intended rights-of-way (streets and utilities), existing natural and man-made physical features, etc.

iv. Existing tree and vegetation protection plan

v. Grading, erosion control, and water quality control plans (including a SWPPP)

vi. Demolition plan

vii. Striping and Signage Plan

viii. Construction Details

ix. Paving and storm drainage plan

x. Utility plans for water, sanitary sewer, etc.

xi. Traffic-control plans (if necessary)

xii. Screening and retaining wall plans

xiii. Landscaping and irrigation plans

4. 

Processing/Required Materials for Submission.

(a) A complete application form that bears the original notarized signature(s) of the property owner(s) of the subject property; and

(b) The prescribed submission fee in accordance with the City's Adopted Fee Schedule; and

(c) One copy of any applicable development agreement pertaining to the subject property (if any); and

(d) Digital copies of all submittal items; and

(e) A certificate or other satisfactory evidence from the Bell County Central Appraisal District showing that all taxes have been paid on the subject property, and that no delinquent taxes exist against the property. Documentation shall also be included that shows no delinquent assessments, fees, or other debts or obligations to the City and which are directly attributable to the subject property. One copy of the tax status certificate shall be submitted to the City in order for the application to be deemed complete; and

(f) Drainage study; and

(g) Record of approved variance needed for the project;

(h) Any waivers needed for the project;

(i) Any approved permits that are applicable to the plat application (i.e. driveway permit, TCEQ permit, utility provider permit, etc.);

(j) All documents in the correct form herein; and

(k) Any other reasonable and applicable information and materials deemed appropriate by the City Engineer or City Manager.

(l) Traffic Impact Analysis for any proposed development that consists of a minimum of two hundred (200) dwelling units (residential) or generates traffic in excess of two thousand (2,000) one-way trips per day (non-residential) based upon the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual to demonstrate adequacy of the adjacent roadway systems.

(m) An engineer's summary report electronically and on paper that describes, in as much detail as necessary, the following:

i. The overall nature and scope of the proposed development, including zoning (if applicable); and

ii. The proposed use(s) and acreage of each proposed use (if applicable); and

iii. Minimum lot or Unit sizes, widths and depths, number of lots or Units to be created; and

iv. Special amenities or facilities that will be included in the development; and

v. How the property will be served with required utilities and services reflective of all letters of service availability; and

vi. How stormwater drainage will be handled; and [sic]

D. 

FINAL PLAT.

1. 

Contents of Final Plat.

(a) The final plat shall be drawn in ink on tracing cloth or on permanent plastic sheets 17 inches wide by 28 inches long and shall be at a scale of 100 feet to one inch. Where necessary, the plat may be on several sheets accompanied by an index sheet showing the entire subdivision. For large subdivisions, the final plat may be submitted for approval progressively in contiguous sections satisfactorily to the Planning & Zoning Commission.

(b) The final plat shall show the following:

i. Primary control points, approved by the City Engineer, or descriptions and ties to such control points, to which all dimensions, angles, bearings, and similar data on the plat shall be referred.

ii. Tract boundary lines, right-of-way lines of streets, easements, and other rights-of-way and property lines of residential lots and other sites; with accurate dimensions, bearings, or deflection angles, and radii, arcs, and central angles of all curves.

iii. Name and right-of-way width of each street or other right-of-way.

iv. Location to identify each lot or site.

v. Location, dimensions, and purpose of any easements.

vi. Purpose for which sites, other than residential lots, are dedicated or reserved.

vii. Minimum building setback lines on all lots and other sites.

viii. Location and description of monuments.

ix. Names or record owners and deed volume and page of adjoining unplatted land (including those across adjacent roads).

x. Reference to recorded subdivision plats of adjoining platted land by record name, date, and plat book and page.

xi. Certification by surveyor or engineer certifying to account of survey and plat.

xii. Notarized statement by owner adopting plat and dedicating streets, rights-of-way and any sites for public uses.

xiii. Title, scale, north arrow, and date.

2. 

Profiles of Streets Required.

Cross-sections and profiles of streets showing grades approved by the City Engineer shall be required. The profiles shall be drawn to standard scales and elevations and shall be based on a datum plane approved by the City Engineer.

3. 

Certificate of Compliance Required.

(a) A certificate by the Public Works Official certifying that the subdivider has complied with one of the following alternatives shall be required:

i. All improvements have been installed in accord with the requirements of these regulations and either the action of the Planning & Zoning Commission giving conditional approval of the preliminary layout; or

ii. A bond or letter of credit has been posted, which is delivered to the city, and in sufficient amount to assure such completion of all required improvements.

(b) Protective covenants in form for recording.

4. 

Other Data Required.

Such other certificates, affidavits, endorsements, or agreements may be required by the Planning & Zoning Commission in the enforcement of these regulations.

5. 

Filing Fee.

The final plat shall be accompanied by a filing fee in an amount stipulated in the fee schedule approved as part of the current fiscal year's operating budget.

6. 

Issuance of Permits.

No building permit, or any water, sewer, plumbing, or electrical permit shall be issued by the city to the owner or other person, with respect to any property in said subdivision or resubdivision covered by this chapter, until:

(a) Such time as the developer and/or owner has fully completed and paid for the improvements required to be made by the terms of this chapter, including the installation of streets with proper paving, curb and gutter, drainage structures, storm sewers, alleys, and installation of water and sanitary sewer mains, all according to the specifications of the city; or

(b) Until an escrow deposit sufficient to pay the cost of such improvements as determined by the Building Official computed on a private commercial rate basis has been made with the City Secretary, accompanied by an agreement signed by the developer and/or owner authorizing the city to make such improvements at prevailing private commercial rates or have the same made by a private contractor and pay for same out of escrow deposit.

7. 

Processing.

(a) Applications for Final Plat are accepted during the last week of each month. Construction Plans must receive approval from the City Manager and the respective Water District prior to submission of application for final plat. Any person desiring approval of a final plat shall submit the application, fee, and one (1) digital copy and four (4) paper copies of the final plat, together with all other exhibits required for approval. The final plat and all required exhibits shall be filed with the Planning & Zoning Commission not later than 180 days after the day the preliminary plat was approved. Failure to apply for final plat approval within 180 days after the day the preliminary plat was approved shall render such preliminary plat approval void.

(b) The Final Plat and all required exhibits shall be prepared to comply with the requirements of Sections 2(D)(1) [Subsection D.7] hereof, and shall conform substantially to the preliminary plat as approved. However, if desired, the applicant may seek final plat approval of only that portion of the approved preliminary plat in accordance with the approved phasing plan approved by the preliminary plat, which he proposes to record and develop at that time.

(c) Final plat approval shall not be issued until the plat has been approved by both the Planning & Zoning Commission and the City Council.

i. The Planning & Zoning Commission shall act on an application for approval of a final plat within 30 days after the date the plat is filed. A plat is considered approved by the Planning & Zoning Commission unless it is disapproved within that period.

ii. If a Final Plat is approved by the Planning & Zoning Commission, the City Council shall act on the application within 30 days of the date the plat is approved by the Planning & Zoning Commission, or is deemed approved by Planning & Zoning Commission's failure to act. A plat is considered approved by the City Council unless it is disapproved within that period.

(d) The final plat shall be approved if:

i. The plat conforms to the general plan of the city and its current and future streets, parks, playgrounds and public utility facilities.

ii. The plat conforms to the general plan for the extension of the city and its roads, streets, and public highways within the city and in its extraterritorial jurisdiction, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities.

iii. If applicable, the applicant has complied with Tex. Loc. Gov't Code, 212.0105 and 212.0106 as then amended.

iv. The plat conforms to all city rules governing plats and subdivisions of land.

(e) If a final plat is approved by both the Planning & Zoning Commission and the City Council, the City Council shall endorse the plat with a certificate indicating such approval. The certificate must be signed by the City Council's presiding officer and attested by the City Secretary, or a majority of the members of the City Council. If the final plat approval is deemed by virtue of the City Council's failure to act within the prescribed period, the City Council shall, upon request, promptly issue a certificate stating the date the plat was approved or deemed approved by the Planning & Zoning Commission, and that the City Council failed to act on the plat within the 30-day period.

E. 

Administrative Approval of Plats.

1. Notwithstanding Section 2(D)(8) [Subsection D.7] of this Ordinance, the Building Official shall have the authority to approve:

(a) Amending plats described by Tex. Loc. Gov't Code Section 212.016, as then amended, revised or recodified; and

(b) Minor plats involving four or fewer lots fronting on an existing street, and not requiring the creation of any new street or the extension of municipal facilities.

2. Any person seeking approval of a minor plat or an amending plat by the Building Official shall comply with the requirements of Section 2(D)(1) [Subsection D.1] of this Ordinance.

3. The Building Official may, for any reason, require a person desiring approval of an amending plat or minor plat to comply with the procedure set forth in Section 2(D)(8) [Subsection D.7] of this code.

(Ordinance Z20-07 #1 adopted 7/2/20; Ordinance Z24-04 adopted 5/2/2024)

§ 3 DESIGN STANDARDS.

A. 

STREETS & SIDEWALKS.

1. The arrangement, character, extent, width, grade, and location of all streets shall conform to the Thoroughfare Plan and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.

2. When a street is not shown on the Thoroughfare Plan, the arrangement of the streets shall:

(a) Provide for the continuation or appropriate protection of existing streets in surrounding areas; or conform to a plan for the neighborhood approved or adopted by the city to meet a particular situation where topographical or other conditions make continuance or conformity to existing streets impracticable.

(b) Provide for future access to adjacent vacant or undeveloped areas which will likely develop in the future.

(c) Street connections are required to all existing and approved but not-yet-built streets that are stubbed to the edge of the subdivision.

(d) Resolve alignment with existing right-of-way and driveway openings.

3. Where a subdivision abuts or contains an existing or proposed major street, the Planning & Zoning Commission may require marginal access streets, reverse frontage with screen planting contained in non-access reservation along the rear property line, deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

4. Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, the Planning & Zoning Commission may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.

5. Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed in the city, under conditions approved by the Planning & Zoning Commission.

6. Street jogs with centerline offsets of less than 125 feet shall be avoided.

7. A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.

8. When connecting horizontal street lines deflect from each other at any one point by more than 10 degrees, they shall be connected by a curve with a radius adequate to ensure a non-passing sight distance of not less than 100 feet for minor and collector streets, and of such greater radii as Planning & Zoning Commission shall determine for special cases.

9. Streets shall be laid out so as to intersect as nearly as possible as right angles and no street shall intersect any other street at less than 60 degrees.

10. Property lines at street and alley intersections shall be rounded with a radius of 20 feet, or of a greater radius where the Planning & Zoning Commission may permit comparable cutoffs or chords in place of rounded corners, particularly in commercial and industrial areas.

11. All streets within the city shall be constructed as shown on the Thoroughfare Plan and, where not otherwise shown thereon, shall be designed as follows (paving width shall mean back-of-curb to back-of-curb):

(a) 

Residential Street.

Right-of-way width of 50 feet (60 feet is required when conditions are met to exempt curb and gutter). Paving width of 31 feet. Sidewalks are required on both sides of the street within the affected subdivision or lots. Builder/owner shall construct sidewalks in the Right-of-way adjacent to the lots, whether on the front, side or rear of the lots, before a certificate of occupancy is issued.

(b) 

Minor Collector.

Right-of-way width of 60 feet. Paving width of 36 feet. Sidewalks are required on both sides of the street within the affected subdivision or lots. Builder/owner shall construct sidewalks in the Right-of-way adjacent to the lots, whether on the front, side or rear of the lots, before a certificate of occupancy is issued.

(c) 

Major Collector.

Right-of-way width of 80 feet. Paving width of 48 feet (60 feet minimum if within 100 feet of an intersection with an arterial street). Sidewalks are required on both sides of the street within the affected subdivision or lots. Builder/owner shall construct sidewalks in the Right-of-way adjacent to the lots, whether on the front, side or rear of the lots, before a certificate of occupancy is issued.

(d) 

Minor Arterial.

Right-of-way width of 100 feet. Paving width of 64 feet (88 feet minimum if within 200 feet of an intersection with another arterial street). Sidewalks are required on both sides of the street within the affected subdivision or lots. Builder/owner shall construct sidewalks in the Right-of-way adjacent to the lots, whether on the front, side or rear of the lots, before a certificate of occupancy is issued.

(e) 

Major Arterial.

Right-of-way width 120 feet (132 feet minimum if within 250 feet of an intersection with another arterial street). Paving width of 88 feet (112 feet minimum if within 250 feet of an intersection with another arterial street). Sidewalks are required on both sides of the street within the affected subdivision or lots. Builder/owner shall construct sidewalks in the Right-of-way adjacent to the lots, whether on the front, side or rear of the lots, before a certificate of occupancy is issued.

(f) 

Limited access freeway.

Right-of-way and paving width to be determined by the Texas Department of Transportation.

(g) All street wearing surfaces shall consist of concrete or hot-mixed asphaltic concrete (HMAC) laid over a base course of crushed stone which has been designed, installed and compacted in accordance with city standards and requirements.

(h) All curb and gutter, integral curbs, valley gutters, driveway approaches, drainage structures, and the like shall be constructed of Class C (3,000 PSI) Portland Cement Concrete per city standards.

(i) Pavement section design shall be designed by a professional engineer and shall be based upon a geotechnical analysis performed by a qualified geotechnical professional. All construction shall meet or exceed the minimum requirements of Appendix A, Tables I through IV and the following North Central Texas Council of Governments Public Works Standard Specifications and Standard Drawings, Latest Edition.

12. Half streets shall be prohibited.

13. Dead-end streets, designed to be so permanently, shall be no longer than 600 feet (throat length) and shall be provided at the closed end with a turn-around having an outside roadway diameter of at least 80 feet, and a street property line diameter of at least 100 feet.

14. No street names shall be used which will duplicate or be confused with the names of existing streets. Street names shall be subject to the approval of the Planning & Zoning Commission.

15. Street grades, wherever feasible, shall not exceed the following, with due allowance for reasonable vertical curves:

STREET TYPE	PERCENT GRADE
Residential streets	10
Minor collectors	7
Major collectors	5
Arterials	5

16. No street grade shall be less than 0.5%.

17. Center grade changes with an algebraic difference of 2% or more shall be connected with vertical curves with a minimum of 100 feet in length, where street lengths permit. AASHTO design guidelines shall be used to determine proper vertical curve length based on design speed.

B. 

ALLEYS.

1. Alleys shall be provided in commercial and industrial districts, except that the Planning & Zoning Commission may waive this requirement where other definite and assured provision is made for service access, such as off-street loading, unloading, and parking consistent with and adequate for the uses proposed.

2. The width of an alley shall not be less than 20 feet.

3. Alley intersections and sharp changes in alignment shall be avoided, but where necessary, corners shall be cut off sufficiently to permit safe vehicular movement.

4. Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turn-around facilities at the dead-end, as determined by the Planning & Zoning Commission.

C. 

EASEMENTS.

1. Easements across lots or centered on rear or side lot lines shall be provided for utilities where necessary and shall be at least ten feet wide. Drainage, utility and access easements of adequate size, as determined by the Public Works Director or other designated staff, are required to provide for development of adjacent land.

2. Where a subdivision is traversed by a watercourse, drainageway, channel, or stream, there shall be provided adequate stormwater easements or drainage rights-of-way for the maximum storms expected to occur in 25 years, conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose. Parallel streets or parkways may be required in connection therewith.

3. Pedestrian access easements shall be provided to ensure pedestrian connectivity for the subdivision. Such easements can be combined with utility and drainage easements.

D. 

BLOCKS.

1. The lengths, widths, and shapes of blocks shall be determined with due regard to:

(a) Provision of adequate building sites suitable to the special needs of the type of use contemplated.

(b) Zoning requirements as to lot sizes and dimensions.

(c) Needs for convenient access, circulation, regulation, and safety of street traffic.

2. Block lengths shall not exceed 1,000 feet, or be less than 400 feet.

3. 

Pedestrian connections.

(a) Pedestrian crosswalks, not less than ten feet wide, shall be required where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation, or community facilities.

(b) Pedestrian connection is required for any cul-de-sac that is longer than 400 feet to provide a 4-foot sidewalk (minimum) at the end of the street connecting to another street.

(c) Pedestrian access to the City-Wide Trail System is required every 660 feet along portion of the perimeter that borders the proposed trail system (as it is proposed in the Thoroughfare Plan).

E. 

LOTS.

1. Lot dimensions shall conform to the requirements of the Zoning Ordinance and:

(a) Residential lots where not served by public sewer shall conform to the size that has been established by the Bell County Health Department.

(b) Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated.

2. Corner lots for residential use shall have 15 feet extra width to permit appropriate building setback from and orientation to both streets.

3. The subdividing of the land shall be such as to provide by means of a platted street, each lot with satisfactory access to an existing public street. This access shall be frontage upon a dedicated public roadway for at least 60 feet of its width. This width shall be determined by a linear measurement from one side property line to the other at the front building line. If the front building line forms an arc, the linear measurement shall be considered a tangent of that arc.

4. Double frontage, and reversed frontage lots, should be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least 10 feet and across which there shall be no right of access shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use.

5. Side lot lines shall be substantially at right angles or radial to street lines.

6. A survey must be provided for transfer of ownership of property and filed with the city clerk.

F. 

STREET LIGHTING.

1. 

Within the city limits.

(a) Adequate street lighting for pedestrian and traffic safety shall be installed in all subdivisions established within the city limits, as well as those subdivisions in the extraterritorial jurisdiction (ETJ) requesting voluntary annexation after the effective date of this section. Streetlights shall generally be limited to intersections, curves, dead-ends, cul-de-sacs and streets where pole spacing exceeds 300 feet. Installation procedures and acceptable designs and specifications shall be established by the electric utility company serving energy to the lights. The use of special non-standard poles or fixtures from sources other than the said electric utility is prohibited and shall not be accepted for dedication.

(b) The subdivision developer shall be responsible for the cost of street lighting materials and installation, including the cost of service lines to supply electricity to the streetlights and all engineering costs. Once satisfactorily installed, approved and accepted, the ownership and maintenance of the streetlights shall be dedicated to the electric utility serving the area. Electric energy to power the streetlights shall be provided by the electric utility providing service to the area. The city will pay the energy costs of streetlights meeting the requirements of this section and located in the city limits.

2. 

Within the extraterritorial jurisdiction (ETJ).

Except as provided in Section 3(F)(1) above, construction of street lighting shall not be required for subdivisions located in the ETJ. However, a street lighting plan shall be developed for subdivisions located in the ETJ in the same manner as if the subdivision were located within the city limits. Any utility easements required to allow construction of the street lighting shown on the plan shall be dedicated on the subdivision plat so that the city may install the street lighting if the subdivision is subsequently involuntarily annexed.

G. 

LANDSCAPING.

1. 

Scope and Purpose.

The purpose of the landscaping regulations are to provide standards that will protect the health, safety, and general welfare of the public, preserve property values, and improve the appearance of the community by preserving natural resources and maintaining ecological balance. These regulations will establish procedures for the design, installation, and maintenance of the community's public and private landscapes through water efficient landscaping with the least degradation or disruption to the ground, water, and air. These regulations will preserve the City of Nolanville's unique character and enhance development and redevelopment by quality landscape design that:

(a) Reinforces the identity of the community, enhancing Nolanville's nature based values;

(b) Provides tree canopies within parking areas to reduce heat island effects;

(c) Anchors development within the landscape;

(d) Is environmentally sensitive by preserving and replenishing existing native plant communities, using water conservation techniques, and enhancing valuable habitat.

2. 

Application.

(a) The provisions of this chapter shall apply to the following, except as otherwise provided below:

i. The owners of all land located within the corporate limits of the City of Nolanville. Such landscaping requirements shall become applicable as to each individual lot as such time as an application for a site plan or watershed development permit on such lot is made.

ii. A common development which includes more than one lot shall be treated as one lot for the purpose of satisfying the landscaping requirements of this chapter. Split ownership, planning in phases, construction in stages and/or multiple building permits for project shall not prevent it from being a common development as referred to above. Each phase of a phased project shall comply with the requirements of this chapter.

iii. A development or redevelopment of more than two legal lots by the same developer.

(b) Portions of this Article governing required landscape area shall be implemented under the direction of the Building Official, or their designee, who shall enforce and administer the provisions of this Article. No oversight or dereliction on the part of enforcing personnel shall legalize, authorize and/or excuse the violation of any of the provisions of this Article.

(c) The Building Official, or their designee shall require a certificate from an architect, landscape architect, professional engineer, certified landscape professional, licensed surveyor or licensed nurseryman that verifies the development complies with the requirements of this Article prior to issuance of a certificate of occupancy. The Building Official, or designee may inspect each site in conjunction with final inspection to ensure compliance with this Article.

(d) This Article shall not apply to the following:

i. A lot where a building permit is requested for the substantial restoration of a structure that has sustained less than 50% damage within a 12-month period due to fire, explosion, flood, tornado, riot, act of public enemy, or any other accident,

ii. Lots for which a building permit is sought for remodeling as long as the exterior walls of the building remain in the same location.

3. 

Procedures.

(a) Landscape site plan information requirements. When an application is made for a building permit on any land where the landscaping requirements of this chapter are applicable, such building permit application, including site plans, shall be accompanied by a landscape site plan containing the information listed in Subsections 3(a)i through Subsection B(a)xii, below. In the event that a preliminary or final building site plan is amended or finalized, an amended or finalized landscape site plan containing the information listed in Subsections 3(a)i through 3(a)xii below shall be submitted simultaneously with the amended or finalized building site plan:

i. The date, scale, north arrow, title and name of owner.

ii. The location of existing boundary lines and dimensions of the tract.

iii. The approximate centerline of existing watercourses; the approximate location of significant drainage features; and the location and size of existing and proposed streets and alleys, existing and proposed utility easements on or adjacent to the lot, and existing and proposed sidewalks adjacent to the street.

iv. The location, size, species, type (tree, shrub, groundcover, or grass), spacing, and quantity of proposed landscaping in proposed landscaped areas; and the location and size of proposed landscaped areas.

v. The location and species of all existing trees having trunks four inches or larger in diameter at breast height (DBH) and the approximate size of their crowns.

vi. An inventory and location of the site's existing plant communities including common plant names and approximate number of plants.

vii. An indication of whether understory vegetation is present under the tree canopy of all existing trees, and the identity of all dominant species constituting such understory vegetation.

viii. Plans and details illustrating of how the applicant plans to protect the existing trees and understory vegetation, which are proposed to be retained, from damage during construction, including but not limited to a showing of critical root zones, required workspace, location of fences during construction, and permeable paving areas, if applicable. Protection during construction shall be provided by fencing and lumber wraps on the trunks and lower branches of trees. No storage of materials or vehicular traffic is to be permitted in this area in order to prevent compaction of soil.

ix. The proposed irrigation system as required by this Article.

x. Plans and specifications including the location, material used, and height of any walls or fences.

xi. The certification of a landscape architect, registered in the State of Texas, or a certified landscape professional that the plans satisfy the requirements of this Article. Provided, however, that for a common development or project which is greater than one acre in size, such plans and certification shall be made by a landscape architect only.

xii. Information necessary for verifying how landscape buffering is to be accomplished under this Article.

(b) Plan approvals. Landscaping site plans approved by the Building Official, or their designee during the final site plan and landscape site plan review process shall not require further approval if the site plan approved contains all information listed in Subsection (a) above, unless the accompanying final site plan is later amended, in which case a landscape site plan, amended as necessary, shall be provided to the Building Official, or their designee for review and approval. Minor amendments include plant substitution or repositioning, minor irrigation adjustments that do not increase water usage, slight modification to hardscape elements, mulch or groundcover types, or the extent of coverage so long as the final state aligns with xeriscape principles.

(c) Written guidelines for the interpretation of the provisions of this Article, including proper plantings, planting techniques, planting areas, and irrigation information shall be in accordance with the procedures defined in this Article.

4. 

Land Disturbance/Site Clearing.

(a) Development for purpose of this Article shall include the performance of any building activity or the making of any material change in the use of appearance of any structure or land, including the subdivision of land, and the creation or termination of rights of access or riparian rights, including activities that change or disturb the natural surface of the land such as clearing, grading, excavation, and filling.

(b) An approved site development permit and/or building permit shall be required prior to development on any site.

i. Clearing of only brush and scrub cedars is not considered development as defined in this Article.

5. 

Turf Limitations.

(a) 

General.

Traditional grass areas are not required in Nolanville. The city invites innovative and environmentally appropriate alternatives to turf grass monocultures. Such areas may be established in native diverse species which have low water requirements. Portions of landscaped areas that have been customarily designed as lawns should be designed instead as:

i. Natural plant communities;

ii. Redeveloped native areas including native grasses;

iii. Traditional mixes of trees, shrubs and ground covers. Properly managed non-grass landscape developments of site-specific plantings will typically be able to survive on reduced water requirements and survive drought conditions better than turf areas.

(b) 

Turf selection.

Turf selection shall be made from those grasses found in the Preferred Plant List (Subsection G.18).

6. 

Landscaping in Parking Areas.

(a) 

Abutting nonresidential property.

Where a parking lot abuts a property zoned for nonresidential use, landscaping shall be provided across 50% of the parking lot, to a minimum height of 24 inches. The landscaping shall consist of evergreen or deciduous shrubs and hedges, spaced at a maximum of three feet on center, pending mature size of plant material. Shade trees of a minimum of two and one-half inches in diameter, as measured six inches above the established ground level, shall be spaced at the equivalent of not more than 50 feet apart along that portion of the parking lot abutting the nonresidential property, exclusive of access drives perpendicular to the lot lines.

Abutting residential property. Where a parking lot abuts a property zoned for residential use, continuous landscaping shall be provided across 100% of the parking lot. The landscaping required per 100 linear feet should have a minimum of three shade trees, nine ornamental or evergreen trees, and 21 deciduous or evergreen shrubs, and 200 square feet of native or ornamental grasses. In areas where native seeding is the predominate ground cover, the shrubs and perennials shall be replaced by an additional three ornamental or evergreen trees.

(b) A minimum total area of 128 square feet of landscaped islands with a minimum 8 ft. width, peninsulas and medians is required for each 12 parking spaces anywhere on the site. Concrete curbs shall not be counted in the required landscape areas.

(c) The number, size, and shape of islands, peninsulas, and medians shall be at the discretion of the owner; however, no parking space shall be located further than 50 feet from a permeable landscaped island, peninsula, or median. This distance should be measured from the back of curb of the landscaped island, peninsula, or median and should encompass the entire parking space. All islands, peninsulas and medians required in the areas stated above shall be more or less evenly distributed throughout such parking areas, respectively; however, the distribution and location of landscaped islands, peninsulas, and medians may be adjusted to accommodate existing trees or other natural features so long as the total area requirement for landscaped islands, peninsulas, and medians for the respective parking areas above is satisfied.

(d) Every landscape island shall be fully planted with live plant material, such as shrubs, ground cover or perennials. The remaining area of the landscape island shall be covered with an organic mulch. Islands are required to have at least one tree. To ensure proper visibility within the parking lot, shrubs and perennials shall be no greater than 30 inches in height and the branches of trees shall start no less than six feet above the pavement.

(e) Special provisions for large parking lots:

i. The above Subsection (c) does not apply if this Subsection (e) is required. For parking lots with more than three parking modules, a 15-foot minimum width median (measured from back of curb) will be required for every third parking module. Trees within the median must be located within 25 feet of each parking space adjacent to the median. This distance should be measured as the distance from the center of the tree to the edge of each parking space.

ii. A pedestrian walkway shall be provided within the boundaries of each fifteen-foot wide (minimum) median. The walkway shall provide pedestrian access connecting the parking lot and the commercial establishment's entry(ies). The walkway shall meet all accessibility requirements.

7. 

Preservation of Natural Character.

(a) Preservation of natural character. The natural landscape character (especially native trees, grasses and geology) shall be preserved or restored to the extent reasonable and feasible. In determining whether there is compliance with this division the Building Official, or their designee shall consider topographical constraints on design, drainage, access and egress, utilities, and other factors reasonably related to the health, safety and welfare of the public which necessitated disturbance of the existing natural landscape character; economic usefulness of the property without disturbance of its natural character; the nature and quality of the landscaping installed to replace it; and such other factors as may be relevant and proper. Indiscriminate clearing or stripping of the natural vegetation on a lot is prohibited as per this Article.

(b) When existing natural plant communities occur on a parcel of land to be developed, at least 20% of the required landscape area shall be in the form of preserved native plant communities.

8. 

Water-Efficient Landscape Design.

(a) 

Xeriscape principles.

It is the intent of the Article to assist the city in achieving water conservation through proper plant selection, installation and maintenance practices. The following Xeriscape principles serve as the primary means of achieving water conservation:

i. Appropriate planning and design;

ii. Limiting turf areas to locations where it provides functional benefits;

iii. Efficient, low water use irrigation systems;

iv. The use of soil amendments to improve water holding capacity of the soil;

v. The use of mulches to maintain soil moisture and reduce evaporation;

vi. Zoning of plant materials according to the microclimate needs and water requirements;

vii. The use of drought-tolerant plants from the City of Nolanville Recommended Plant List; and

viii. Appropriate and timely maintenance.

(b) 

Site development standards.

Creative site development concepts shall be used in order to promote resource conservation. These standards include:

i. The preservation of existing native plant communities.

ii. The re-establishment of native plant communities.

iii. Limiting the amount of turf areas.

iv. Landscaped areas shall be configured to maximize the interconnectivity within the site to natural areas and landscaped areas adjacent to development. Small, isolated islands of landscaping should be avoided except as required for screening along roadways and within parking lots.

v. Landscape design shall enhance natural features, drainageways and environmental resources.

vi. All landscape improvements shall be designed for mature landscapes and shall provide appropriate visibility for cars and pedestrians. Landscape design shall consider the view of store fronts and signage for vehicular access.

vii. The use of shade trees to reduce transpiration rates of lower story plant materials.

viii. Incorporate elements of gateways, pathways and destinations into the design of landscapes. Gateways are entries that provide transitions from one space to another. Pathways are routes that lead to a destination. Destinations are focal points. The use of pervious paving materials is encouraged.

ix. Areas having similar water use shall be grouped in distinct hydro zones, shown on the landscaping plan.

x. High hydro zones shall be separated from low and very low hydro zones by moderate hydro zones whenever possible.

xi. Planting strips less than ten feet wide shall be planted with low or very low water use plants.

xii. Decorative water features must use recirculated water and are subject to drought restrictions.

xiii. Plants shall be selected to blend with native vegetation for projects that interface between urban areas and natural open spaces. Plants with low fuel volume and/or low flammability shall be emphasized.

9. 

Water-Efficient Irrigation Design.

(a) Irrigation. All required landscaping shall be irrigated by one of the following methods:

i. An underground sprinkling automatic irrigation system — either conventional spray, bubblers, drip emitters, drip tubing, porous pipe or other similar system.

ii. A hose attachment within 100 feet of all front yard required landscaped areas and plant materials where there is no road or parking pavement between the hose attachment and landscaped areas and the site plan area is no larger than one acre.

iii. Landscape areas planted with native grasses and wildflowers may use a temporary and above ground irrigation system in accordance with the design criteria outlined herein and shall be required to provide irrigation only for the first two growing seasons. The irrigation schedule is to be determined at time of planting and approved by the city or its designated agents.

iv. Hand watering may be considered for low and very low hydro zones.

v. Use of non-treated water for irrigation is encouraged if a permanent suitable supply is available.

vi. Irrigation shall not be required for natural areas or existing trees which are not disturbed or affected by the proposed development.

(b) The irrigation methods used shall:

i. Provide a moisture level in an amount and frequency adequate to sustain growth of the plant materials on a regular basis;

ii. Be in place and operational at the time of the final landscape inspection.

iii. Be maintained and kept operational at all times to provide for efficient water distribution;

iv. Be described in the landscape plans by a detail and drawing, indicating the nature and location of the irrigation methods which will be used. The description should be specific enough to show that adequate irrigation will be provided to all required landscape areas and plant materials and that there is no disturbance to the critical root zones of existing trees.

v. Turf zones and non-turf areas shall be on separate valves.

vi. Bubblers for trees shall be placed on a separate valve. Bubblers shall not exceed one and one-half gallons per minute (gpm) for each device.

vii. Each valve shall irrigate a landscape with similar site, slope, and soil conditions and plant material with similar watering needs.

viii. Special attention shall be given to avoid runoff from slopes and to avoid overspray.

(c) 

Irrigation system requirements.

Automatic irrigation systems shall comply with the following guidelines. These guidelines shall be noted on the site plan and shall be implemented as part of the landscape inspection:

i. Adjustable flow controls shall be required on circuit remote control valves. Pressure regulation component(s) shall be required where static pressure exceeds manufacturer's recommended operating range.

ii. Valves and circuits shall be separated based on water use, so that turf areas can be watered separately from shrub and groundcover areas.

iii. Sprinkler heads shall have matched precipitation rates within each control valve circuit.

iv. Serviceable check valves shall be required where elevation differential may cause low head drainage adjacent to paving areas.

v. Sprinkler head spacing shall be designed for head-to-head coverage or heads shall be spaced as per manufacturer's recommendations and adjusted for prevailing winds. The system shall be designed for minimum run-off and minimum overspray onto non-irrigated areas (i.e. paving and structures).

vi. All automatic irrigation systems shall be equipped with a controller capable of dual or multiple programming. Controllers shall have multiple cycle start capacity and a flexible calendar program, including the capability of being set to water once a week. All automatic irrigation systems shall be equipped with rain and freeze sensor shut-off device.

vii. Irrigation construction plans shall include the location of emergency irrigation system shut-off valve.

10. 

Landscape Water Conservation Standards.

(a) Dedicated landscape water meter and backflow device.

i. Separate water meters shall be required for all new landscaping and renovated landscaping or renovated landscaped areas that have a construction area of new landscaping larger than 5,000 square feet.

ii. All irrigation systems must have a backflow device as required by the Texas Commission on Environmental Quality.

11. 

Minimum Requirements for Single Family Residential Development.

Minimum requirements. Each newly built residential home where only one primary residence is constructed shall meet these minimum standards:

(a) All disturbed areas and bare ground must be revegetated with approved grass/or wildflower seed. Sod shall be used in areas with greater than 5% slope. Mulch and erosion control blanket may be used for temporary stabilization of the area.

(b) Grass and seed selection must be from the Nolanville Recommended Plant List.

(c) A minimum of two (2) shade/canopy trees per lot shall be retained or planted from the preferred plant list. Shade/canopy trees shall be a minimum of (three-inch) 3" caliper.

(d) A minimum of three (3) five-gallon shrubs per lot and five (5) one-gallon shrubs shall be planted from the preferred plant list along the front of the house, a minimum of eighteen (18) inches from the foundation.

(e) All planting and seeding must occur before issuance of a certificate of occupancy.

(f) Revegetated areas must be established before environmental controls can be removed.

(g) All required plant materials shall be installed according to sound planting guidelines adequate to sustain vigorous and healthy growth.

(h) Protect and support tree trunks; provide adequate conditions from growth (type of soil mix, planting hole depth and diameter, pruning for proper root/crown balance, etc.); and

(i) Provide for retention of moisture (mulching, beaming, watering schedule etc.).

12. 

Minimum Requirements for Multifamily and Nonresidential Development.

Minimum requirements for all nonresidential applications and all applications for townhomes, amenity centers and multifamily residential projects in any district, the following minimum landscape requirements shall be provided:

(a) Based on special circumstances of the site such as physical characteristics or traffic issues, any request to retain less than fifty percent (50%) requires the approval of the Building Official, or their designee. If the applicant is dissatisfied with the determination made by the Building Official, then the applicant may appeal to the Planning and Zoning Commission. If the applicant is dissatisfied with the determination made by the Planning and Zoning Commission, the applicant may appeal to the City Council.

(b) On all lots, at least twenty percent (20%) of the area of the lot frontage shall be landscaped area.

(c) Detention/retention ponds shall be constructed so that, whenever possible, they do not require a fence. Whenever such a situation does require fencing, such fencing shall be black or green coated chainlink and shall be buffered from the street view by planting shrubs and vines that will, at maturity, screen at least sixty percent (60%) of the view of the fence.

(d) In landscaped street yard areas smaller than 10,000 square feet, at least one (1) shade/canopy tree and three (3) shrubs must be retained or planted for every 1,000 square feet of required street yard. For areas between 10,000 and 110,000 square feet, a minimum of ten (10) trees and thirty (30) shrubs is required, with an additional one (1) shade/canopy tree for every 2,500 square feet beyond the initial 10,000 square feet. In areas exceeding 110,000 square feet, at least fifty (50) trees and thirty (30) shrubs must be provided, with an additional one (1) shade/canopy tree for every 5,000 square feet beyond the initial 110,000 square feet

13. 

Landscape Material Requirements — Residential and Nonresidential.

(a) 

Shrubs, vines and ground cover.

Shrubs, vines and ground cover planted pursuant to this chapter should be good, healthy nursery stock normally grown for or found in the Bell County area. Plant materials which are native or naturalized and have low water requirements are highly recommended. Shrubs must be, at a minimum, a one gallon container size.

(b) 

Plant quality standards.

Plants installed pursuant to this chapter shall conform to or exceed the minimum standard as provided in the most current edition of American Standards for Nursery Stock (ASNS) recommended for general use and adoption by the American Association of Nurserymen. Another accepted standard may be used if it equals or exceeds the quality of the ASNS.

(c) 

Turf grass.

Traditional grass areas are not required in the City of Nolanville. The City invites innovative and environmentally appropriate alternatives to turf grass monocultures. Such areas may be established in native divers' species which have low water requirements. Grass areas using grass not listed on the Nolanville Recommended Plant List are not credited as landscaped area. In shaded turf areas (areas that receive less than six hours of sunlight per day), a shade-tolerant, low water use grass may be used. Areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales or other areas subject to erosion.

(d) 

Synthetic lawns or plants.

Synthetic or artificial lawns or plants shall not be used in lieu of plant requirements in this Article. These products do not provide ecological services and may increase the heat island effect.

(e) 

Architectural planters.

The use of architectural planters shall not be permitted in fulfillment of landscape requirements, but may be used in addition to landscaping requirements.

(f) 

Drainage.

Drainageways shall be designed and maintained so as to maximize the use of native vegetation on the bottoms and sides.

(g) 

Weed control fabric.

All weed control fabric must be pervious and allow water to flow freely into the ground.

(h) All planting shall be designed to consider the level of expected maintenance, and provide a neat and clean appearance.

(i) Requirements of tree types shall be as follows:

i. A minimum of seventy-five percent (75%) of all required trees shall be shade/canopy trees for all nonresidential properties.

ii. A maximum of fifty percent (50%) of the required trees may be substituted by shrubs adjacent to retail storefronts where deemed necessary. Five (5) shrubs shall be substituted for each tree that is otherwise required.

iii. All newly planted ornamental trees shall be planted so that they have a minimum pervious area extending a minimum of three (3) feet from the trunk in all directions. All newly planted shade/canopy trees shall have a minimum pervious cover area of four (4) feet in all directions.

(j) When more than ten (10) trees are to be planted to meet the requirements of this Article for nonresidential properties, a mix of species shall be provided. The number of species to be planted shall vary according to the overall number of trees required to be planted. The minimum number of species to be planted are indicated below. Species shall be planted in proportion to the required mix. This species mix shall not apply to areas of vegetation required to be preserved by law.

Required Number of Trees	Required Number of Species
11 – 20	2
21 – 30	3
31 – 40	4
41+	5

(k) Trees shall not be placed in easements, where they interfere with site drainage or streetlights, or where they will require frequent pruning to avoid interference with overhead power lines.

14. 

Installation and Maintenance.

(a) 

General minimum requirements.

The following standards shall be considered the minimum requirements for the installation of all landscaping within the City of Nolanville:

i. 

Installation requirements.

All landscape materials shall be installed according to ASNS standards. This requirement will be monitored by the city or its designated agent.

ii. 

Anti-transpirants — general.

In order to reduce the transpiration rate of plant material during the installation process, anti-transpirants may be used. Anti-transpirants reduce the amount of water loss through the leaves of plant material during installation, thereby reducing the amount of water required for the survival of the plants. Anti-transpirants may be used on all permitted landscape installation projects.

iii. It shall be the responsibility of each private property owner to remove any dead, diseased or dangerous trees or shrubs, or parts thereof, which overhang or interfere with traffic-control devices, public sidewalks, rights-of-way or property owned by city. The city shall have the authority to order the removal of any such trees or shrubs.

(b) 

Watering.

i. All watering of planted areas shall be managed so as to:

a. Maintain healthy flora.

b. Make plant material more drought tolerant.

c. Avoid excessive turf growth.

d. Minimize fungus growth.

e. Stimulate deep root growth.

f. Minimize leaching of fertilizer.

g. Minimize cold damage.

h. Minimize run off.

ii. 

Watering of turf areas.

All watering of turf areas shall be accomplished on an as needed basis. Buffalo grass may be require watering even when wilting. Nothing in this Article shall be construed so as to preclude the withholding of water from turf beyond the stage of turf wilt.

iii. 

Promoting deep root growth of trees and shrubs.

Watering of plants and trees should always be in a sufficient amount to thoroughly soak the root ball of the plant and the surrounding area, thereby promoting deep root growth and tolerance.

iv. 

Operation of automatic irrigation systems.

Whenever possible, automatic irrigation systems should be operated between the hours of midnight and 6:00 a.m. or as designated by the City of Nolanville. Irrigating during these hours reduces fungus growth and loss of water due to evaporation.

v. 

Maintenance and replacement of dead material.

The owner of the building, or the manager or agent of the owner, shall be responsible for the appearance of landscaping at all times and landscaping shall be kept free of refuse and debris. Ongoing maintenance shall include the replacement of dead plant material if that material was used to meet the requirements of this Article. Should a tree die or be removed from which credit has been obtained, a smaller tree with a minimum caliper of two inches that will have a mature crown similar to the tree removed must be substituted within six months and the planting area or pervious cover provided for the larger tree retained.

vi. The required two to four-inch mulch layer shall be maintained on all landscape projects.

15. 

Replacement Requirements.

Vegetation which is required to be planted or preserved by this Article shall be replaced with equivalent vegetation. Preserved trees for which credit was awarded which subsequently die shall be replaced by the requisite number of living trees account to the standards established in this Article.

16. 

Credit for Innovative Water Management.

(a) 

Rainwater harvesting.

Rainwater from the rooftops can be collected onsite and used for irrigation. For this application the rainwater harvesting tank will also be exempted from impervious cover calculation when used for irrigation of landscaped areas.

i. Tank must be sized to collect four inches of rainfall per square foot of rooftop.

ii. Projects that include rainwater harvesting will also receive a reduction of 5% of the required landscape area when used for irrigation of landscaped areas.

(b) 

Rain gardens.

i. Rain garden must be equal in size to 10% of the total requirement of the frontage yard landscape area.

(c) 

Disconnected downspouts from rooftops.

i. These downspouts must be directed into landscaping beds.

ii. Disconnected downspouts used in conjunction with lined rain gardens will receive an additional 5% reduction of the required landscape area.

(d) 

Evapotranspiration and smart irrigation controllers.

The use of evapotranspiration systems or smart irrigation controllers that regulate water use may be considered for additional water budget credit.

17. 

Variances and Alternative Compliance.

(a) Except in regard to buffering standards found in this Article, the Zoning Board of Adjustments may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Zoning Board of Adjustments shall prescribe only conditions that it deems necessary or desirable in the public interest. In making the findings herein below required, the Zoning Board of Adjustments shall take into account the nature of the proposed use of land involved, existing use of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. No variance shall be granted unless the Zoning Board of Adjustments finds:

i. That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land;

ii. That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; and

iii. That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area.

(b) 

Alternative compliance.

Notwithstanding all of the foregoing provisions of this chapter, a landscape site plan which is an alternative to strict compliance with the various landscaping requirements of this Article may be approved by the Building Official, or designee, if the Building Official finds that such plan is a good plan in relation to the property or better than a plan in strict compliance with the various landscaping requirements of this chapter in accomplishing the purposes of this chapter. Consideration should be given to preservation of heritage and ancestral trees which are not necessarily in required landscape areas. In no event, however, will landscaping or buffering within a dedicated right-of-way constitute alternative compliance with the requirements imposed by this Article, nor shall such landscaping or buffering be deemed to satisfy any requirement of the chapter.

i. Alternative proposals should be clearly identified on the landscape plans and the site plan application should include a letter outlining the alternative proposal. Review of the alternative proposal will be in conjunction with the site plan review.

18. 

Preferred Plant List.

(a) The City's preferred plant list shall include the City of Austin's "Grow Green Guide" plant list, the Lower Colorado River Authority's (LCRA) plant list, and the following. For species not listed, please request alternative acceptance from the Building Official, or their designee:

COMMON NAME	BOTANICAL NAME	COMMENTS
(xeriscape plants in italics)+A2A2:C3A2:C5
SHADE/CANOPY TREE
Pecan	Carya illinoinensis	Deep tap root
Cedar Elm	Ulmus crassifolia	Disease resistant
Shumard Red Oak (other red oaks)	Quercus shumardii (etc.)	Red fall color
Live Oak	Quercus virginiana	Very hardy evergreen
Bur Oak and (other White Oaks)	Quercus macrocarpa (etc.)	Nice branch char.
Big Tooth Maple	Acer grandidentatum	Fall color
Chinese Pistachio (e)	Pistacia chinenesis	Fall color
Gingko	Ginkgo biloba	Yellow fall color
Catalpa	Catalpa sp.	Flowers, slightly messy
Western Soapberry	Sapindus drummondii	Showy winter fruit, yellow fall color
Southern Magnolia	Magnolia grandiflora	Large evergreen, large white flowers
Bald Cypress	Taxodium species	Fernlike leaves, fall color
Montezuma Cypress	Taxodium species	Fernlike leaves, fall color
Texas Picchio	Pistacia texensis	Evergreen in this area, new growth red
Texas Ash	Fraxinus texensis	Long-lived, fast growing
TexMex Sycamore	Plantus hybrid	Insect and disease resistant
ORNAMENTAL TREE
Texas Persimmon	Diospyros texana	Smooth gray bark
Possumhaw Holly	Ilex decidua	Deciduous, redfruit in winter
Texas Redbud	Cercis canadensis texana	Longflowering in spring
Desert Willow	Chilopsis linearis	Drought tolerant, summer blooms
Yaupon	Ilex vomiloria	Very hardy, red berries
Crape Myrtle	Lagerstroemia indica	Some die-back, flowers
Eve's Necklace	Sophora affinis	Fernlike foliage, winter fruit color
Japanese Black Pine	Pinus thunbergi	Great color, best of pines
Loquat	Eriobotrya japonica	Evergreen, fall fruit
Tx. Mountain Laurel	Sophora secundiflora	Fragrant purple flower
Mexican Plum	Prunus mexicana	White flowers
Mexican Buckeye	Ungnadia speciosa	Brilliant pink flowers in spring
Eldarica Pine (Afghan)	Pinus eldarica	30–80', suited to alkaline soils
SHRUBS
Hollies (most varieties)	Ilex sp.	Durable, some have berries
Elaegnus	Elaegnus pungens	Large, gray, tolerates heat, drought
Dwarf Wax Myrtle	Myrica pusilla	Mass plantings, hedges
Evergreen Sumac	Rhus virens	Evergreen red fruit
Flame Leaf Sumac	Rhus lanceolata	Brilliant red foliage
Florida Jasmine	Jasminum floridum	Spring yellow blooms
Indian Hawthorn (all varieties)	Rhaphiolepis indica	Spring flower
Red Yucca	Hesperaloe parviflora	Coral flower spikes
Viburnum (all varieties)	Viburnum sp.	Dark green, spring flowers
Moonbay Nandina	Nandina moonbay	Compact, winter color
Gulf Stream Nandina	Nandina gulfstream	Winter color, fuller at base
Italian Jasmine	Jasminum humile	Flower small, bright yellow
Mexican Buckeye	Ungnadia speciosa	Hardy, spring pink flowers
Agarita	Berberis trifoliata	Holly-like foliage, flowers, berries
Muhly grass (most varieties)	Muhlenbergia lindheimeri	Looks like small pampas grass
GROUND COVERS
Holly Fern	Cyrtomium falcatum	Coarse texture, dark green
Rosemary	Rosmarinus officinalis	Coarse texture, dark green
Santolina (green and gray)	Santolina spp.	Will Lake extreme heal
Cherry Sage	Salvia Greggii	Nearly evergreen, long bloom season
Liriope	Liriope muscari	Hardy, blue flower
Mondo (monkey) Grass	Ophiopogon j aponicus	Thin, dark leaves, hardy
Asian Jasmine	Trachelospermum asiaticum	Some die back
Ajuga (carpet bugle)	Ajuga reptans	Shade, part shade, purple flower
Star Jasmine	Trachelospermum jasminoides	Sun, white flower, can be vine
VINES
Cross Vines	Bignonia capreolata	Bi-colorflower
Carolina Jessamine	Gelsemium sempervirens	Yellow flower
Coral Honeysuckle	Lonicera sempervirens	Red flower
Lady Banksiae Rose	Rose Banksia	Yellow flower, needs support
Boston Ivy	Parthenocissus tricuspidata	Climbing, bright red in fall
TURF GRASSES
Zoysia	Bermuda	Hybrid Bermuda (e.g. Celebration®, TifTuf®, Tifway 419®, Latitude 36®)

(Ordinance Z20-07 #1 adopted 7/2/20; Ordinance Z25-03 adopted 3/20/2025)

§ 4 REQUIRED IMPROVEMENTS.

A. 

DEVELOPMENT COSTS.

1. The subdivider will be required to install, at his or her own expense, all water lines, streets, street signs, sewer lines, storm sewer lines, drainage facilities and structures within the subdivision, in accordance with the City’s standards governing the same, including all engineering costs covering design, layout, and construction. When a street pavement of a greater width than 48 feet, back of curb to back of curb, is required by the city, the city shall pay the cost of paving the additional width and associated costs. There will be no participation by the city in the cost of any of the underground utility lines or drainage facilities, within the subdivision, except in the event of the requirement for oversize mains to serve land areas and improvements beyond the subdivision in question or to serve other subdivisions. Each installation of this character and the terms and extent of city participation will be considered individually, upon the merits of each facility and the condition involved and shall be in accordance with policies set forth by the City Council.

(a) All utility mains will be sized to meet the acceptable services/pressures defined in Section 4(C). The city will not participate in water mains over eight inches in diameter and sewer mains over 10 inches in diameter unless these mains are required by the city for future expansion and which are not required to serve the development in question with acceptable services/pressures required defined in Section 4(C).

(b) All street signs shall meet the City’s standard specifications and sign patterns and all the requirements of the Texas Manual on Uniform Traffic Control Devices (TMUTCD), latest extant edition, including, without limitation, material, location and installation. Street signs are subject to inspection and acceptance by the city prior to the issuance of a certificate of occupancy.

(c) Any subdivision of more than 50 Living Unit Equivalents shall provide a minimum of two (2) egresses for plats. Additional egresses will be required if consistent with the adopted Thoroughfare Plan and/or necessary to protect safety.

2. Sidewalks shall be four feet wide, properly connecting with existing sidewalks, and constructed according to city standards. Sidewalks must be constructed and accepted by the city prior to the issuance of a certificate of occupancy. Owners of lots that remain undeveloped must construct sidewalks within five years after the date of approval of the final plat.

3. Inadequate or substandard existing streets shall be upgraded to city standards by the developer, including dedication of additional right-of-way if necessary. If development is on one side of such a street, the developer shall dedicate additional right-of-way if necessary, upgrade the street pavement, and associated infrastructure on the side that is being platted.

4. Where street over-sizing in excess of 48 feet in width is required for compliance with the Thoroughfare Plan, the city shall reimburse the actual and reasonable cost directly attributable to such over-sizing (including the cost of additional pavement, additional subgrade and additional cross-drainage costs) as herein provided.

(a) In order to initiate a reimbursement request, the owner must establish a per linear foot oversize cost for the reimbursable public improvements. Requests for the reimbursement to the owner shall include owner’s name and mailing address. The requests must include as-built drawings showing the reimbursable items with quantities and unit costs, and other supporting or explanatory documentation.

(b) Upon acceptance of the infrastructure by the city, refunds for approved over-sizing shall be scheduled as of the next year’s capital improvements program, unless funds are available earlier. If payment is not made within 60 days after acceptance by the city, interest will accrue at the prime rate plus 1% compounded daily.

5. Mail Distribution Units will be installed in accordance with USPS National Delivery Planning Guide for Builders & Developers Date published 12/21/2017, as may be amended, and in place prior to the issuance of building permits and will not be located on dedicated parkland, within any easement, or public right-of-way.

6. The City Council may modify the requirements of this section and may elect to participate in the cost of such developments if it finds that the circumstances taken as a whole would make it inappropriate to require the subdivider to comply with this section, or any portion thereof, and such modification or participation would accomplish a legitimate public purpose which would benefit the city. Each request by a subdivider pursuant to this section shall be considered separately in accordance with such criteria as may be defined by the City Council, and the approval of any such request shall be accompanied by such conditions as may be necessary to ensure that a legitimate public purpose beneficial to the city is accomplished. Nothing in this section is intended to authorize the use of public funds or credit for a private purpose.

B. 

MONUMENTS.

1. Monuments shall be placed at all corners of boundary lines of subdivisions, block corners, angle points, points of curves in streets and at intermediate points as required by the Planning & Zoning Commission as indicated below.

(a) Concrete monuments six inches in diameter by 18 inches long shall be placed at all exterior corners of boundary lines of a subdivision and in any case not more than 1,300 feet apart. The exact intersection point on the monument shall be marked by an iron rod 1/4 inch in diameter with the top of the monument placed flush with the natural ground unless otherwise directed. Previously positioned iron rods used as corner markers will not be disturbed to meet this requirement.

(b) Intermediate block corners, curve points, angle points, and lot corners shall be marked by iron rod monuments, 18 inches long and not less than 1/2 inch in outside diameter, driven flush with the ground or counter-sunk if necessary in order to avoid being disturbed.

2. All monuments shall be in place at the time final plat is certified and sealed by the surveyor or engineer and prior to acceptance of utilities and streets.

3. Benchmarks will be placed and described within the subdivision at the rate of one per 10 acres of developed area, but in no case will there be less than one per subdivision. Datum shall conform to that used by the Federal Emergency Management Agency. These elevations shall be clearly shown on the plat and readily identifiable on the ground.

4. The description and location of permanent survey reference monuments and benchmark monuments will be clearly shown on all plats.

C. 

UNDERGROUND UTILITY CONDUITS.

1. 

General.

Underground conduits shall be of sufficient size, as determined by generally accepted and good engineering principles, to accommodate and/or deliver current and anticipated future loads and/or flows and pressures, as the case may be, but in no case less than that specified below for each particular application.

2. 

Water mains.

In no case shall any water main be less than 6 inches in residential areas and eight inches in nonresidential areas. Water mains shall be sized as shown on the master water plan; in the absence of such a plan, or when the plan does not indicate requirements for a water main in the same location as the proposed water main, the water main shall be designed and sized to deliver the following pressures/flows:

(a) At each building service: The minimum pressure set forth by the Texas Water Commission, Water Hygiene Division.

(b) At each required fire hydrant: The minimum recommended by the most current Key Rate Schedule, as published by Texas Commission on Fire Protection. All flows to be verified by the Fire Department using gauges calibrated within the current calendar year.

(c) Private service lines shall be defined as the service line extending from water system meter to an individual customer. Public service lines shall be defined as the line extending from water main to a single meter. Bullheads shall be defined as a public service line with branches to serve two or more customers.

(d) Public service lines will become the property of the respective water district when completed and will be maintained by the developer/builder at their expense until accepted by the respective water district. Public service lines will not be less than 1 inch or larger than two inches in diameter. Bullheads shall be no less than one inch in diameter. All public service lines shall be sized to deliver the pressures required by the Texas Natural Resource Conservation Commission. Public service lines will not be used as an extension of a water main and can serve a maximum of five actual or potential customers based on maximum density/minimum lot size development within the physical constraint of the area serviced. In no case will public service lines exceed 150 feet in length without prior approval of the Public Works Department.

(e) The developer may be required to extend one or more water mains for the purpose of looping the system and supplementing volumes and/or pressures to achieve the flows required above. In the event that these flows are not obtainable with design modifications and not due to any fault of the developer, the developers shall be required to provide the maximum flow possible as determined by the city. In this event, the city shall cause an emergency review of the water system. Should a system deficiency be detected, the city has the right to impose a delay, curtailment or a moratorium in selected or multiple development activities or suspend plat approval action until such deficiency is corrected.

3. 

Sewer mains.

Gravity sewer mains shall be sized sufficiently to handle current and anticipated loads, but in no case shall any sewer line be less than six inches in diameter. Forced sewer mains will be sized by a professional engineer to accommodate anticipated loads.

4. 

Conduit extensions.

(a) Water lines: If an existing water main is within 150 feet of the boundary of any lot or tract of land proposed for development and/or improvement through the erection of buildings, then the water main shall be extended to the lot or tract in question. From the point of connection with the existing main, the water main shall be installed in accordance with all applicable regulations, including the installation of approved fire hydrants along the entire length of the extension at the following intervals:

i. Commercial areas: 300 feet maximum spacing.

ii. Residential areas: 600 feet maximum spacing.

(b) Sewer lines: If an existing sewer main is within 150 feet of the boundary of any lot or tract of land proposed for development and/or improvement through the erection of buildings, then the sewer main shall be extended, in accordance with all applicable regulations, to the lot or tract in question provided a gravity flow capability is available.

(c) Whenever a water or sewer main is required to be extended to a lot or tract, an appropriate service line (tap) shall be extended to serve said lot or tract, and buildings located thereon shall be connected thereto whether they are pre-existing or are subsequently erected. The provisions of subsections (a) and (b) of this division above and any other ordinance notwithstanding, any subdivision or resubdivision of a lot or tract of land at a gross density of more than that specified below shall be required to provide water and/or sewer service to said subdivision or resubdivision, regardless of whether a subdivision plat is required to be prepared and approved by the respective water district.

i. Water service: one lot or tract per acre.

ii. Sewer service: two lots or tracts per acre.

(d) All utilities shall be required to extend across the full width of the development lot (defined by plat or lot of record) in such an alignment that it can be extended to the next property in accordance with the master sewer and water plans for the city. Properties already served by water and sewer shall not be required to install additional facilities unless the current lines are not of adequate capacity to serve the proposed development in which case the developer will be required to install adequate facilities. Once a utility meter is installed, movement required due to changes in grade/landscape will be the responsibility of the developer/builder.

5. 

Development mains.

Developers shall pay the actual cost of water and sewer main extensions, force mains and lift stations required to serve their development area including costs of right-of-way acquisition. Their development area includes current and future phases. Required facilities will be according to the city’s master utility plan as determined by the city planning staff with right of appeal to the Planning and Zoning Commission.

D. 

STORM DRAINAGE DESIGN CRITERIA.

The design of all storm drainage facilities shall be in accordance with these guidelines and the City of Harker Heights Drainage Criteria Manual. Where conflicts between these guidelines and COHH DCM occur, these guidelines shall govern.

1. 

Development responsibilities.

All costs of drainage systems within the area proposed for development shall be the responsibility of the developer. The drainage systems must be designed for the fully developed area and oversized as necessary for the stream watershed areas. These areas if not already developed, must be considered for development as identified by the city so the appropriate runoff factors can be applied. Appropriate hydrological and hydraulic analyses, as determined by the City Engineer, shall be completed by an engineer licensed in the State of Texas to analyze the impacts of proposed development on upstream and downstream properties. Runoff from development shall not adversely impact upstream or downstream properties. Costs of aforementioned analyses shall be borne by the Developer.

2. 

General policy.

The Planning and Zoning Commission shall not recommend for approval any plat of subdivision, which does not make adequate provision for storm, or flood water runoff channels or basins. Drainage provision shall ensure the health and safety of the public and property in times of flood; and such facilities shall not cause excessive increases in flood heights or velocities, particularly to adjacent and downstream properties. When calculations indicate that curb capacities are exceeded at a point, no further allowance shall be made for flow beyond that point and drainage facilities or basins shall be used to intercept flow at this point. The applicant may be required by the Planning and Zoning Commission to carry away by pipe or open ditch any spring or surface water that exists either prior to, or as a result of, the subdivision. Such drainage facilities shall be located in the road right-of-way where feasible, or in perpetual unobstructed easements of appropriate width, and shall be constructed in accordance with the construction standards and specifications of the City of Harker Heights Drainage Criteria Manual.

3. 

Drainage easements.

(a) Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within road rights-of-way, perpetual unobstructed easements for such drainage facilities shall be provided across property outside the road lines and with satisfactory access to the road. Easements shall be carried from the road to a natural watercourse or to other drainage facilities.

(b) When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights must be secured and indicated on the plat or other instrument as approved by the City Attorney. In the case of clear public interest, the City may participate in easement acquisition by power of condemnation. The total cost of the easement acquisition shall be paid by the owner/developer.

(c) The applicant shall dedicate an appropriate drainage easement either in fee or by drainage easement or by conservation easement of land on both sides of existing watercourses to a distance to be determined by the City Engineer.

4. 

Design discharge determination.

(a) Design frequency: The minimum frequencies adopted by the city are presented in subsection (5) of this division below.

(b) The rational method: For drainage areas less than 200 acres and not in a FEMA floodway the peak discharge resulting from storm runoff will be computed by the rational formula: Qy = C IyA; where Q is the discharge in cubic feet per second; y is the return period in years; C is the runoff coefficient; I is the rainfall intensity in inches per hour; and, A is the drainage area in acres.

(c) Runoff coefficient: The runoff coefficient (C) shall consider the slope of the terrain, the character of the land use, the length of overland flow and the imperviousness of the drainage area and shall be determined from the ultimate land development. The runoff coefficient for the appropriate land uses shall be as follows. For combination areas, use weighted averages.

Rational Method Runoff Coefficients for Composite Analysis Runoff Coefficient (C)
Character of Surface	Return Period
	2 Years	5 Years	10 Years	25 Years	50 Years	100 Years	500 Years
DEVELOPED
Asphaltic	0.73	0.77	0.81	0.86	0.90	0.95	1.00
Concrete	0.75	0.80	0.83	0.88	0.92	0.97	1.00
Grass Areas (Lawns, Parks, etc.)
Poor Condition*
Flat, 0-2%	0.32	0.34	0.37	0.40	0.44	0.47	0.58
Average, 2-7%	0.37	0.40	0.43	0.46	0.49	0.53	0.61
Steep, over 7%	0.40	0.43	0.45	0.49	0.52	0.55	0.62
Fair Condition**
Flat, 0-2%	0.25	0.28	0.30	0.34	0.37	0.41	0.53
Average, 2-7%	0.33	0.36	0.38	0.42	0.45	0.49	0.58
Steep, over 7%	0.37	0.40	0.42	0.46	0.49	0.53	0.60
Good Condition***
Flat, 0-2%	0.21	0.23	0.25	0.29	0.32	0.36	0.49
Average, 2-7%	0.29	0.32	0.35	0.39	0.42	0.46	0.56
Steep, over 7%	0.34	0.37	0.40	0.44	0.47	0.51	0.58
UNDEVELOPED
Cultivated
Flat, 0-2%	0.31	0.34	0.36	0.40	0.43	0.47	0.57
Average, 2-7%	0.35	0.38	0.41	0.44	0.48	0.51	0.60
Steep, over 7%	0.39	0.42	0.44	0.48	0.51	0.54	0.61

5. 

Minimum Time of Concentration and Design Storm Frequency.

The minimum time of concentration to be used shall be ten minutes; see “current Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRMs).”

Location of Drainage Facility or Characteristics of:
Drainage Facility	Drainage Area	Return Period (Years)
Storm drains	Residential and business	10
Channel/ditches	Drainage area under 600 acres Area equals or exceeds 600 acres	25 50
Natural Streams	Designated Areas	10
Culverts/bridges	Major Thoroughfare	50
Floodways Between Building Lines		100

6. 

Area.

The area (A) in determining flows by the rational method shall be calculated by subdividing a map into the drainage areas within the basin contributing stormwater runoff to the system. The design must include the entire drainage basin, not just the subdivision under design. For drainage areas greater than 200 acres, or where the Flood Insurance Administration, Federal Emergency Management Agency (FEMA) has mapped an area, Soil Conservation Service (SCS) Unit Hydrograph techniques will be used to compute runoff volumes and peak discharges. This methodology can be found in the SCS Technical Release 55 Urban Hydrology. For project areas that have several hydraulic elements combined (for example, pipes, channels, and culverts), both the rational method and the SCS Unit Hydrograph Method should be used. Where this occurs, the higher discharge from the two methods should be utilized.

7. 

Street capacity.

(a) Street classifications (refer to Section 3.A.11)

(b) Street capacities shall be designed to accommodate the following:

i. Residential Streets - 5-year storm - water flow shall not exceed the top of curb 6" maximum depth).

ii. Collector Streets - 10-year storm - 1-12' wide traffic lane shall remain open.

iii. Minor Arterial - 25-year storm - 1-12' wide traffic lane must remain open in each direction.

iv. Major Arterial - 25-year storm - 1-12' wide traffic lane may be closed in each direction.

(c) Whenever drainage is planned to cross street intersections a concrete valley gutter will be used.

8. 

Storm drains.

(a) Frequency: 25-Year Storm (100-Year Storm contained within building lines).

(b) Minimum velocity: storm sewers shall be designed to have a minimum velocity when flowing full of 2.5 feet per second. The practical minimum slope on all construction shall be 0.40%.

(c) Maximum velocity: 20 fps

9. 

General design rules.

(a) Pipe sizes less than 18 inches in diameter shall be prohibited.

(b) Other than A.S.T.M. standard size pipe shall be prohibited.

(c) Discharge of the contents of a pipe shall be into a pipe equal to or larger, in diameter.

(d) At changes in size of pipe or box, the soffits or top inside surfaces on the two pipes shall be at the same level.

(e) To determine the tailwater depth for the outfall channels calculate the hydraulic gradient when the tailwater surface at the outlet is higher than the pipe or box.

(f) Concrete pipes or boxes shall be used for storm drains. No other construction material may be used as an alternate unless written prior approval is obtained from the city. Corrugated metal pipe may be used only as culverts. May consider allowing HDPE outside of paved areas.

(g) Manholes shall be located at intervals not to exceed 600 feet for pipe 30 inches or less in diameter or at intervals not to exceed 1200 feet for pipe greater than 30 inches in diameter.

10. 

Open channel design.

Graded earthen shallow swales may be used to convey runoff from a street to another larger channel as long as the ten-year Q does not exceed 10 c.f.s. See Standard Details for Public Works Construction, the “National Building Code.” Flow from earthen swales will not be directed onto a street or paved area. Where low flows are present and high velocities are also expected due to steep grade, a concrete trickle channel shall be provided. Trickle channels shall have a minimum width of three feet; a minimum concrete thickness of four inches. Earthen channels shall have a maximum side slope of 4:1 and shall be sodded or seeded upon completion.

(a) Flows over 10 c.f.s. shall require engineered drainage enhancements. Enhancements may include subsurface drainage systems or an approved concrete channel design in the drainage easement. (See Standard Details for Public Works Construction, the “National Building Code.”)

(b) All channels shall be designed in accordance with table in Section 4(D)(5).

(c) Design guidelines for maximum channel velocities are shown below Section 4(D)(11).

11. 

Maximum channel velocities

Channel Material	Maximum velocity (in feet per second)
Non-Cohesive	3
Shale	5
Cohesive	6
Grass-lined	7
Soft rock	8
Hard rock	12
Reinforced concrete	15

12. 

Culverts.

(a) 

Requirements:

Culvert length shall be such as to accommodate roadway shoulders, planned walkways and a maximum 4:1 slope to a standard headwall or end section. Where surface water from a street section enters a channel near a headwall concrete spillway and apron areas shall be provided to prevent erosion. Texas Department of Transportation Standard Headwalls or an approved sloped-end treatment shall be used. Sloped-end treatments shall require riprap and concrete apron sections.

(b) 

Outlet velocity:

Where outlet velocities in designed drainage systems are greater than the velocities in the natural channel, riprap and/or velocity control devices approved by the city shall be installed to prevent erosion at the outlet of all systems.

13. 

Required submittal information.

Stormflow data and information shall be submitted to the city for approval along with any request for approval of a subdivision.

(a) Topography and drainage plan, with contour lines on two-foot intervals. All elevations shall be current datum or referenced to a City Benchmark on the same datum. The datum used shall be specified on the drawing.

(b) Areas contributing drainage to the proposed subdivision shall be shown on small scale supplemental drawings. The information to be submitted shall include the area, slope and type of development in the contributing area.

(c) The locations of watercourses and drainageways through the proposed subdivision shall be shown together with the quantity of drainage. Where applicable, the areas of the 100-year floodplain shall be indicated along with base flood elevation lines consistent with the city’s Flood Insurance Rate Map (FIRM). Where the city’s FIRM does not indicate 100-year floodplain data, the developer’s engineer shall ascertain whether any area in the proposed development is within said floodplain. If it is, the developer’s engineer shall indicate the boundaries of same along with approximate elevations. If no area within the development is determined to be within the 100-year floodplain, the engineer shall certify to that effect upon the drainage plan sheet.

(d) Supplemental information showing the preliminary design calculations for drainage shall be furnished on the topography and drainage plan. Calculations should include hydraulic grade lines in the case of underground storm drains. Hydraulic grade lines shall not be nearer than one foot from the finished surface. Calculations shall also be required for proof of capacity of the street at any critical section such as flat grade sections and where top of curb elevations are split more than 0.2. Calculations shall conform to the current design criteria adopted by the city as contained in this chapter.

E. 

PARKLAND DEDICATION.

All developments subject to this Subdivision Ordinance shall provide Parkland Dedication in accordance with applicable City Ordinance requirements.

(Ordinance Z20-07 #1 adopted 7/2/20)

§ 5 DEVELOPMENT PLATS.

A. 

ADOPTION OF LOCAL GOVERNMENT CODE REGULATION FOR DEVELOPMENT PLATS.

The City Council hereby adopts and approves Tex. Loc. Gov’t Code Subchapter B to Chapter 212 and the law codified by that Subchapter, as such may be amended from time to time.

B. 

APPLICATION OF OTHER REGULATIONS.

The provisions of Subchapter A of Tex. Loc. Gov’t Code, Chapter 212 that do not conflict with this subchapter apply to development plats.

C. 

PLANS, RULES, AND ORDINANCES.

After a public hearing on the matter, the City Council may from time to time adopt general plans, rules, or ordinances governing development plats of land within the limits and in the extraterritorial jurisdiction of the city to promote the health, safety, morals, or general welfare of the city and the safe, orderly, and healthful development of the city.

D. 

DEVELOPMENT PLAT REQUIRED.

1. Any person who proposes the development of a tract of land located within the limits or in the extraterritorial jurisdiction of the city must have a development plat of the tract prepared in accordance with this subchapter and the applicable plans, rules, or ordinances of the city.

2. The development plat must be prepared by a registered professional land surveyor as a boundary survey showing:

(a) Each existing or proposed building, structure, or improvement or proposed modification of the external configuration of the building, structure, or improvements involving a change of the building, structure, or improvement.

(b) Each easement and right-of-way within or abutting the boundary of the surveyed property.

(c) The dimensions of each street, sidewalk, alley, square, park, or other part of the property intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the street, sidewalk, alley, square, park, or other part.

3. New development may not begin on the property until the development plat is filed with and approved in accordance with the city ordinance, Ordinance 7055-08 [the subdivision ordinance], as amended.

4. If a person is required under the city ordinance, Ordinance 7055-08 [the subdivision ordinance], as amended, to file a subdivision plat, a development plat is not required in addition to the subdivision plat.

E. 

RESTRICTION ON ISSUANCE OF PERMITS.

The city, a county, or an official of another governmental entity may not issue a building permit or any other type of permit for development on lots or tracts subject to this subchapter until a development plat is filed with and approved in accordance with this ordinance.

F. 

APPROVAL OF DEVELOPMENT PLAT.

1. Development plats will be submitted to the Planning & Zoning Commission and the City Council in accordance with procedures established by this chapter.

(a) The general plans, rules, and ordinances of the city concerning its current and future streets, sidewalks, alleys, parks, playgrounds, and public utility facilities.

(b) The general plans, rules, and ordinances for the extension of the city or the extension, improvement, or widening of its roads, streets, and public highways within the city and its extraterritorial jurisdiction, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities.

(c) Any general plans, rules, or ordinances adopted under this chapter[.]

G. 

EFFECT OF APPROVAL ON DEDICATION.

The approval of a development plat is not considered an acceptance of any proposed dedication for public use or use by persons other than the owner of the property covered by the plat and does not impose on the city any duty regarding the maintenance or improvement of any purportedly dedicated parts until the city’s governing body makes an actual appropriation of the dedicated parts by formal acceptance, entry, use, or improvement.

H. 

EXTRATERRITORIAL JURISDICTION.

This subchapter does not authorize the city to require municipal building permits or otherwise enforce the city’s building code in its extraterritorial jurisdiction.

I. 

ENFORCEMENT.

1. If it appears that a violation or threat of a violation of this subchapter or plan, rule, or ordinance adopted under this subchapter consistent with this subchapter exists, the city is entitled to appropriate injunctive relief against the person who committed, is committing, or is threatening to commit the violation.

2. It is no defense to a criminal or civil suit under this subchapter that an agency of government other than the city issued a license or permit authorizing the construction, repair, or alteration of any building, structure, or improvement. It also is no defense that the defendant had no knowledge of this subchapter or of an applicable plan or rule.

(Ordinance Z20-07 #1 adopted 7/2/20)

§ 6 ADMINISTRATION AND ENFORCEMENT.

A. 

VARIANCES.

1. 

Hardship.

Where the Planning & Zoning Commission finds that extraordinary hardships may result from strict compliance with these regulations of this chapter, it may vary the regulations so that substantial justice may be done and the public interest secured; provided that such variation will not have the effect of nullifying the intent and purpose of the Zoning Ordinance or other regulatory documents.

2. 

Large scale development.

The standards and requirements of this chapter may be modified by the Planning & Zoning Commission in the case of a plan and program for a new town or a complete community or neighborhood unit, which in the judgment of the Planning & Zoning Commission provide adequate public spaces and improvements for the circulation, recreation, light, air, and service needs of the tract when fully developed and populated, and which also provide such covenants or other legal provisions as will assure conformity to and achievement of the plan.

3. 

Conditions.

In granting variances and modifications, the Planning & Zoning Commission may require such conditions including access controls, buffer strips, or certain deed covenants as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.

B. 

CITY AND WATER DEPARTMENT REQUIREMENTS.

1. WCID #3 will:

(a) Make all water and sewer service taps at their regular charge for such service.

(b) The water and sewer lines as completed will become the property of the city and the developer or builder shall maintain said lines at its own expense. Extensions of said lines may be made at any time the city may desire.

2. The City will:

(a) The City shall never be liable for payment of interest on any deposits, payments, or refunds provided for herein.

(b) The builder or developer shall never have the right to demand payment hereunder out of any funds raised by the city through taxation.

(c) Not reimburse any part of the cost of construction of paving, curb and gutter, drainage structures, storm sewers, street name signs, water and sanitary sewer mains that are eight inches and 10 inches, respectively, in diameter or smaller.

C. 

PENALTY.

1. Any person violating any provision of this chapter for which no penalty is otherwise provided, shall upon conviction, be guilty of a misdemeanor and shall be fined not less than $10 nor more than $2,000 and each day such violation continues shall be considered a separate offense and punishable accordingly.

2. A person commits an offense if the person violates this ordinance or a plan, rule, or ordinance adopted under this ordinance or consistent with such sections within the limits of the city. An offense under these sections is a Class C misdemeanor. Each day the violation continues constitutes a separate offense.

(Ordinance Z20-07 #1 adopted 7/2/20)