(a) 
Authority.
This chapter and the following rules and regulations (sometimes referred to as the "subdivision regulations") is adopted under the authority of the Constitution and laws of the state, including chapter 212 of the Texas Local Government Code, and other applicable law.
(b) 
Application in the ETJ.
The city council hereby extends the application of this chapter and these subdivision regulations to the extraterritorial jurisdiction or ETJ of the city, as that area may exist from time to time. Such regulations shall be applicable to the filing of plats and the subdivision of land, as those terms or activities are defined herein and in chapter 212 of the Texas Local Government Code, within the corporate limits of the city and its extraterritorial jurisdiction as they may be from time to time adjusted by annexation, disannexation, or otherwise. The city shall have all remedies and rights provided by said chapter 212 with regard to the control and approval of subdivisions, plats, and other development both within the city and within its extraterritorial jurisdiction.
(c) 
Interlocal agreement with Grayson County.
The city has executed an interlocal cooperation agreement with Grayson County as authorized under chapter 242 of the Texas Local Government Code. Grayson County has assigned the city its respective authority to approve subdivision plats in the city's ETJ. The agreement generally provides for the city to enforce its subdivision regulations within the applicable areas of the ETJ. These subdivision regulations will therefore be enforced to the fullest extent possible in the ETJ as agreed upon with Grayson County.
(Ordinance 6727 adopted 5/20/2024)
(a) 
Minimum requirements.
In the interpretation and application of the provisions of these subdivision regulations, it is the intention of the city that the principles, standards and requirements provided for herein shall be minimum requirements for the platting and developing of subdivisions within the city and its ETJ.
(b) 
Purpose.
(1) 
The subdivision and platting of land is one of the first steps in the process of development. The distribution and relationship of residential, nonresidential and agricultural uses throughout the community, along with the system of improvements for streets, utilities, public facilities and community amenities, determine, in large measure, the quality of life enjoyed by the residents of the city.
(2) 
Health, safety, economy, amenities, environmental sensitivity, and convenience are all factors which influence and determine a community's quality of life and overall character. A community's quality of life is of the public interest. Consequently, the subdivision of land, as it affects a community's quality of life, is an activity where regulation is a valid function of municipal government.
(3) 
The regulations contained herein are intended to encourage the development of a quality municipal environment by establishing standards for the provision of adequate light, air, open space, storm water drainage, transportation, public utilities and facilities, and other needs necessary for ensuring the creation and continuance of a healthy, attractive, safe and efficient community that provides for the conservation, enhancement and protection of its human and natural resources.
(4) 
Through the application of these regulations and procedures, the interests of the public, as well as those of public and private parties, both present and future, having interest in property affected by these subdivision regulations, are protected by the granting of certain rights and privileges. By establishing a fair and rational procedure for developing land, these subdivision regulations provide for stability in the regulatory system governing development of land for its most beneficial and safest use in accordance with existing social, economic and environmental conditions and in furtherance of the public health, safety and welfare.
(c) 
Minimum standards.
Minimum standards for development are contained in the engineering design standards manual the building regulations, and the other development regulations in this chapter. In addition, the comprehensive plan (including the future land use plan, thoroughfare plan, parks master plan, and other related plans, and amendments) contains policies designed to achieve an optimum quality of development in the city and its extraterritorial jurisdiction. If only the minimum standards are followed, as expressed by the various ordinances regulating land development, a standardization of development will occur. This will produce a monotonous municipal setting and physical environment within the community. Subdivision design shall be of a quality that will carry out the purpose and spirit of the policies expressed within the comprehensive plan and within this chapter, and shall be encouraged to exceed the minimum standards required herein.
(Ordinance 6727 adopted 5/20/2024)
(a) 
For the purpose of interpreting this chapter, certain words used herein are defined as follows:
Alley.
A minor public right-of-way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
Caliper inch, tree.
The diameter of the trunk measured 12 inches above grade.
City engineer, city attorney, city manager, director of development services, director of parks and recreation.
Any office referred to in this chapter by title, i.e., city engineer, shall be the person with the authority to act on or delegate to their duly authorized representative the duties assigned by this chapter. These positions of authority may not and do not need to represent formal job titles these persons may have.
City.
The word "city" shall be the city of Sherman, Texas, together with its governing and operating bodies.
Clear-cutting.
The indiscriminate cutting, plowing, or grubbing of trees without regard to type or size for the purpose of clearing the land.
Council.
The word "council" or "city council" shall be the duly elected governing body of the city.
Critically alter.
The uprooting, removing the canopy or severing the main trunk of a tree, or causing damage which may cause a tree to die. This includes but is not limited to the removal of a tree from a property, damage inflicted upon a tree by machinery, storage of materials or the compaction of soil above the root system of a tree, a change in the natural grade above the root system of a tree, or excessive pruning.
Cul-de-sac.
A street having but one outlet to another street and terminated on the closed end by a vehicular turnaround.
Developer.
Any person or any agent thereof, dividing or proposing to divide land so as to constitute a subdivision as that term is defined herein. The term "developer" shall be restricted to include only the owner, equitable owner or authorized agent of such owner or equitable owner, of land to be developed.
Development.
The construction of new property improvements on a vacant tract of land or a redeveloping tract of land.
Drip line.
A vertical line run through the outermost portion of the crown of a tree and extending to the ground. This may also be referred to as the critical root zone.
Extraterritorial jurisdiction or ETJ.
The area recognized by state statutes as the extraterritorial limits of Sherman.
Final plat.
The phrase "final plat" shall be any plat of any lot, tract, or parcel of land requested to be recorded of record in the deed records of Grayson County, Texas.
Floodplain.
The area designated as being within the 100-year or 0.10 percent annual chance flood zone on the Federal Emergency Management Agency (FEMA) flood insurance rate map (FIRM).
Lot.
A distinct and separate undivided tract or parcel of land having frontage on a public street, which is, or in the future may be, offered for sale, conveyance, transfer or improvement as a building site.
Master plan.
The phrase "master plan" shall be the comprehensive plan of the city and adjoining areas as adopted by the planning and zoning commission and city council, including all its revisions. The plan indicates the general locations recommended for various land uses, transportation routes, public and private buildings, streets, parks and other public and private developments and improvements.
May.
The word "may" is permissive.
Mitigation, Tree.
The method by which trees are replaced whether through replanting on the subject property, planting or transplanting to another location or same property, or through payment of fees-in-lieu of replanting approved by the city.
Parcel of land.
Land in the city of Sherman city limits or extraterritorial jurisdiction, whether platted or not platted.
Person.
Any individual, association, firm, corporation, governmental agency or political subdivision.
Planning and zoning commission.
The word "commission" or "planning commission" shall be the official city planning and zoning commission of the city, as appointed by the city council.
Preliminary plat.
The phrase "preliminary plat" shall be any plat of any lot, tract or parcel of land that is not to be recorded but is only a proposed division of land and is presented only for review and study by the city.
Professional engineer.
A person duly authorized under state law to practice the profession of engineering in the State of Texas.
Property owners' association (POA).
An association that is organized within a development in which individual owners share common interests and responsibilities for open space, landscaping, amenities or facilities, and which operates under recorded land agreements. This term also includes homeowners' associations (HOAs) and property management corporations (PMCs) which are typically formed for multifamily and nonresidential developments.
Protective fencing.
Chain link, silt fence, or other fencing used to protect preserved trees during construction activities.
Replat.
The word "replat" shall be the resubdivision of any part of a previously platted subdivision, addition, lot or tract.
Shall.
The word "shall" wherever used in this chapter will be interpreted in its mandatory sense.
Street perimeter buffer.
A required buffer located at the perimeters of a proposed development site which is directly adjacent to a street. These areas are considered as areas of high visual impact, and preservation of existing vegetation located along the perimeter of the proposed development site is highly encouraged and used to screen the site and minimize potential nuisances between land uses.
Street.
A public right-of-way, however designated, which provides vehicular and/or pedestrian access to adjacent areas.
Subdivision.
The word "subdivision" shall mean the division of any lot, tract, or parcel of land situated within the corporate or extraterritorial limits of the city into two or more lots or sites for the immediate or future purpose of sale or development, or for laying out residential, commercial, or industrial lots, or any lots and streets, alleys, or other portions intended for public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto. It also includes resubdivision or replatting of land, lots, or tracts. The division of land for agricultural purposes, in parcels of five acres or more, shall not be included within this definition unless such division of five acres or more includes the planning or development of a new street, alley or access easement.
Surveyor.
A licensed state land surveyor or a registered public surveyor as authorized by state law to practice the profession of surveying in the State of Texas.
Traffic impact analysis (TIA).
A traffic study performed by a professional engineer to determine the existing level of service of streets and intersections and the impact a proposed development will have on those streets and intersections.
Tree fund.
A city-administered fund established for collection of fees-in-lieu or replacement trees paid as mitigation and may include other contributions made in support of tree protection efforts.
Tree survey.
A plan or drawing to scale that identifies the exact size, location, condition (healthy, dead, or declining), and species of protected trees.
Tree, dead (or declining).
A tree that is dead or in severe decline with substantial structural defects, no remedial options available, and no chance of recovery, as determined and documented by a certified arborist or registered landscape architect.
Tree, protected.
Any tree of a size and species as outlined in table 10.1 that is required to be protected under this section.
Tree, replacement.
Trees planted to mitigate the loss of trees as a result of development or tree removal.
Tree, shade.
The largest tree species in the landscape that provide the overhead structure needed for shading as they mature.
Tree, street.
Trees planted within the right-of-way that may be located in a constrained location and should contain root systems and branch growth conducive to growth around pedestrians, vehicles, and public infrastructure.
Utility easement.
An interest in land granted to the city, to the public generally, and/or to a private utility corporation, for installing or maintaining utilities across, over or under private land, together with the right to enter thereon with machinery and vehicles necessary for the maintenance of said utilities.
(b) 
Definitions not expressly prescribed herein are to be construed in accordance with customary usage in municipal planning and engineering practices.
(Ordinance 6727 adopted 5/20/2024)
Infrastructure improvements serving development in the city limits and extraterritorial jurisdiction shall conform to and be properly related to the city's adopted comprehensive plan, public facilities plans, thoroughfare plans, infrastructure master plans, capital improvements plans, and other plans adopted by the city for public facilities and services, and shall, at a minimum, meet the service levels specified in such plans. Land shall not be approved for platting or development until either adequate public facilities necessary to serve the development exist along or are adjacent to the development or plans have been provided to construct such facilities, whether these facilities are to be located within the property being developed or offsite. The city shall not repair, maintain, install or provide any infrastructure for land in which the requirements of this code have not been fully complied.
(Ordinance 6727 adopted 5/20/2024)
Pursuant to the authority granted in chapter 212 of the Texas Local Government Code, the city charter and other law, prior to the subdivision, resubdivision, assembly or development of any land in the city limits or extraterritorial jurisdiction, a plat and accompanying civil engineering plans shall be approved in accordance with this chapter.
(1) 
The owner of a tract of land located within the city limits or ETJ who divides a tract into two or more parts that requires public improvements as specified in this chapter shall submit a plat of the subdivision in accordance with this chapter.
(2) 
A division of a tract under this section includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract for sale or other executory contract to convey or by using any other method. The division of any lot or any parcel of land by the use of metes and bounds description for the purpose of development is prohibited unless allowed by an exemption specified in this chapter.
(3) 
No site development plan, building permit, certificate of occupancy, or utility service connection may be approved or issued for the construction or development of any parcel or tract of land unless such property has been platted or is otherwise in conformity with the regulations of this chapter.
(4) 
The subdivision of any lot or any parcel of land by the use of a metes and bounds description for the purpose of sale, transfer, or lease with the intent of creating a building lot not in accordance with this chapter shall be a violation.
(5) 
Every plat shall be consistent with, and conform to, existing zoning regulations and other adopted plans pertaining to land use and development.
(6) 
A plat shall not be submitted to the planning and zoning commission for approval that contains an inconsistent zoning classification. This requirement may be waived by the city engineer when an application for a zoning change for the property subject to the proposed plat, seeking proper zoning classification, has been filed with the city and is pending in accordance with the zoning ordinance.
(7) 
Each lot proposed as part of a plat submittal shall meet the minimum size and dimensional requirements in the zoning ordinance unless the lot is determined to be a legally existing nonconforming lot of record or a variance has prior approval from the board of adjustment.
(Ordinance 6727 adopted 5/20/2024)
A plat shall not be required for the following:
(1) 
A division of land into parts greater than five acres in which no public improvement, including right-of-way, easement, or physical improvement of any kind intended for public use is proposed or required under this chapter, in accordance with section 212.004 of the Texas Local Government Code.
(2) 
Acquisition of land by a city, county, or state for public improvements by dedication, condemnation, or easement.
(3) 
Sale, inheritance, or gift of land by metes and bounds of tracts upon which no improvements, development, subdivision or alteration is intended, provided however, that prior to construction of improvements, a plat meeting the requirements of this chapter shall be completed, approved, and recorded.
(4) 
Use of existing cemeteries complying with all state and local laws and regulations.
(5) 
A division of land created by order of a court of competent jurisdiction, including the probate of an estate, provided however, that prior to construction of improvements, a plat prepared in accordance with this chapter shall be completed, approved, and recorded.
(6) 
In lieu of a plat being required, the city engineer may require an easement or right-of-way dedication that a plat would have required to be dedicated as shown on adopted thoroughfare plans, to continue existing streets or to provide access or connectivity to adjacent properties or subdivisions.
(Ordinance 6727 adopted 5/20/2024)
(a) 
City engineer.
The city engineer, or his/her designee, shall have the authority to review submitted applications in accordance with the procedures of this chapter and review completed applications to ensure the fulfillment of the requirements of this chapter. The city engineer also has the authority to inspect any and all improvements required to be constructed in accordance with this chapter. The city engineer has the authority to require the removal and/or replacement, at the expense of the developer, of any phase of the work which is not in accordance with the requirements of the plat, plans, specifications, or this chapter.
(b) 
Director of development services.
The director of development services, or his/her designee, may be a contributing reviewer and facilitator of the processing and approval of plats required by this chapter. The director may be authorized by the city manager to make determinations as to the language and intent of this chapter as it pertains to the relation to the zoning ordinance. The director of development services shall act as the staff liaison to the planning and zoning commission.
(c) 
Director of parks and recreation.
The director of parks and recreation, or his/her designee, may be a contributing reviewer to plats required by this chapter and holds approval authority pertaining to parkland dedication and fees-in-lieu required by this chapter.
(d) 
City manager.
The city manager holds the authority to designate the city engineer, director of development services, director of parks and recreation, and other authorities provided approval authorization by this chapter. The city manager subsequently confers powers and duties to those persons which may and does not need to be their official job title.
(e) 
Planning and zoning commission.
The planning and zoning commission shall hold meetings and have the powers and duties conferred by city council, including approval of final plats, and as authorized by chapter 212 of the Texas Local Government Code. Such powers and duties shall include exercising all the authority and control conferred by law relating to platting.
(f) 
Board of adjustment.
The board of adjustment shall hold meetings and have the powers and duties conferred by city council, including approval of subdivision variances, and as authorized by chapter 212 of the Texas Local Government Code. Such powers and duties shall include exercising all the authority and control conferred by law relating to platting.
(g) 
City council.
The city council shall be constituted, have the powers and duties, and conduct all activities in accordance with the Texas Local Government Code, the city charter, the city code and other law.
(Ordinance 6727 adopted 5/20/2024)
(a) 
The city engineer and the development services director shall be responsible for any interpretation of this subdivision ordinance and where a determination is desired to be appealed to city council, the city council shall review the determination of the city engineer and development services director and consider a ruling.
(b) 
Appropriate actions may be taken to prevent a violation of this chapter in accordance with section 10.05.002 of this chapter or other law, including the prevention of unlawful construction; to restrain, correct, or abate a violation; or to prevent illegal occupancy of a building structure or premises. Furthermore, water meters, wastewater taps, or other utilities shall not be made available until compliance with this chapter has been met.