ARTICLE 10.02 SUBDIVISION ORDINANCE [1]

Extraterritorial jurisdiction.

For the purpose of this article, the following terms, phrases, words, and their derivations shall have the following definitions:

Alley.

A minor public right-of-way, not intended to provide the primary means of access to abutting lots, which is used primarily for vehicular service access to the back or sides of properties otherwise abutting on a street.

Building setback lines.

The line within a property defining the minimum horizontal distance between a building and the adjacent street right-of-way line.

City.

The City of San Benito, Texas.

City commission.

The local governing body of the City of San Benito.

City street.

A public street with dedicated right-of-way that has been improved by the subdivider and accepted by the city.

Collector streets.

Carries traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development.

Colonia.

Any tract of land which has not been subdivided in compliance with this article and state law and which lacks the required infrastructure (sewer, water, etc.).

Comprehensive plan.

The most current plan or collection of plans promulgated by the city commission or administration, including, but not limited to, elements and aspects of city planning that serves as a policy guide to zoning and subdivision development.

Cul-de-sac.

A local street, one end of which is closed and consists of a circular turn around.

Dead-end street.

A street, other than cul-de-sac, with only one outlet.

Engineer.

A person duly authorized under the provision of Texas Engineering Registration Act to practice the profession of engineering.

The area outside the city's corporate limits but within one mile of these limits.

Flag lot.

A lot or parcel with less frontage on a public street than the rear and provides access to the bulk of the property by means of a narrow corridor. Any access, drive lane, neck or means of ingress and egress to the property shall be at a minimum of 50 feet in width.

Flood.

A temporary rise in a stream level that results in inundation of areas not ordinarily covered by water.

Floodway.

The channel of a watercourse and portions of the adjoining floodplain which are reasonably required to carry and discharge the regulatory flood.

Local street.

A street used primarily for access to abutting residential property.

Lot.

An undivided tract or parcel of land which is part of a subdivided tract having frontage on a public street and which is, or in the future may be, offered for sale, conveyance, transfer or improvement; which is designated as a distinct and separate tract; and which is identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly filed for record.

Major arterial.

Similar to minor arterials in their function but serve higher traffic volumes, act as principal crosstown surface routes, and in some cases serve as urban extensions of major intercity routes. These streets will require two to six travel lanes depending on traffic, with considerable access control if necessary.

Major outfall.

A large pipe or open channel that has the capacity to accept drainage runoff collected through a smaller system (pipes, manholes, inlets, gutters) from a given drainage basin and has the ability to convey the volume of runoff generated on such basin to a discharge point on a stream that becomes the ultimate receiver.

Minor arterial.

Provides direct access between various sectors of the city and connect residential areas with commercial and industrial land uses. Their width and directness promote efficient traffic movement. Minor arterials should provide two or four travel lanes with parking an optional feature. Since traffic movement is their key function, land access from a minor arterial [may] be legitimately restricted.

Pavement width.

The paved portion of a street available for vehicular traffic. Where curbs are laid, it is the portion between the face of curbs.

Person.

Any individual, association, firm cooperation, governmental agency, or political subdivision.

Planning and zoning commission.

The advisory board appointed by the city commission to review and recommend subdivision plats and variances to this article.

Plat.

A map, chart, survey, plan or replat containing a description of the subdivided land with ties to permanent landmarks or monuments.

Public street.

A street that is used by the public or dedicated to the public though the city does not maintain, recognize or accept it to be a city street.

Regulatory flood.

A flood which is representative of large floods known to have occurred generally in the area and reasonably characteristic of what can be expected to occur on a particular stream. The regulatory flood generally has a flood frequency of approximately 100 years determined from an analysis of floods on a particular stream and other streams in the same general region.

Regulatory flood protection elevation.

The elevation of the regulatory flood.

Rural subdivision.

Any subdivision of land located from the City's one-mile extraterritorial jurisdiction to the five-mile extraterritorial jurisdiction of the city. Rural subdivisions shall conform to county standards and specifications.

Shall, may.

The word “shall” is always mandatory. The word “may” is merely directory.

Street.

A way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, boulevard, lane, place, or however otherwise designated.

Subdivider.

Any person or any agent thereof, dividing or proposing to divide land so as to constitute a subdivision as that term is defined herein. In any event, the term “subdivider” shall be restricted to include only the owner, equitable owner or authorized agent of such owner or equitable owner, of land sought to be subdivided.

Subdivision.

A division of a tract or parcel of land in two or more parts to lay out a subdivision of the tract, including an addition to a municipality, to lay out suburban, building, or other lots, or to lay out streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts must have a plat of the subdivision prepared. A division of a tract under this subsection 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 to convey, or by using any other method. A division of land under this subsection does not include a division of land into parts greater than five acres, where each part has access to a public road or street and no public improvement is being dedicated.

Subdivision review committee (SRC).

A committee composed of representatives from utility companies that meet with the planning director, public works director, and city engineer on the first Thursday of each month to review subdivision plats.

Surveyor.

A licensed state land surveyor or a registered public surveyor, as authorized by the state statutes to practice the profession of surveying.

Undue hardship.

An excessive and/or unreasonable requirement or standard of this article that deprives the subdivider from subdividing, developing or utilizing his or her property. Economic, financial or pecuniary hardship shall not constitute undue hardship.

Urban subdivision.

Any subdivision of land occurring within the boundaries of the city limits or within the one-mile extraterritorial jurisdiction of the city shall comply with this article. Any subdivision beyond this one-mile extraterritorial jurisdiction of the city shall comply with County standards.

Utility easement.

An interest in land granted to the city, to the public generally, and/or to a private utility corporation, for installation of and 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.

Any office referred to in this article by title means the person employed or appointed by the city in that position, or his/her duly authorized representative.

Definitions not expressly prescribed herein are to be construed in accordance with customary usage in municipal planning and engineering practices.

(Ordinance 2103 adopted 2/14/95; Ordinance 2103-1 adopted 2/5/08; Ordinance 2103-2 adopted 2/21/12; Ordinance 2103-010-11-2025(Z) adopted 11/4/2025)

§ 10.02.004 Special provisions.

Any owner of any tract of land within the corporate limits of the City of San Benito, or its statutory one-mile extraterritorial jurisdiction, only where city water and sewer are serviced by City of San Benito, who wished to accomplish a subdivision shall comply with this article and submit same to the Planning and Zoning Commission for its consideration and its recommendation shall then be submitted to the City Commission for its official consideration and action.

No building, repair, plumbing or electrical permits shall be issued by the city for any structure on a lot in a subdivision for which a final plat has not been approved and filed of record, nor for any structure on a lot within a subdivision in which the standards contained herein have not been complied with in full. No such permit shall be issued until all public improvements/utilities have been installed and accepted by the city or where appropriate, the governing utility, provided however, if the final plat has been approved and recorded and the subdivider has complied with the requirements of the performance guarantees of section 10.02.010 herein, a building permit may be issued prior to final installation of public improvements and utilities. However, no certificate of occupancy shall be issued until all public improvements have been installed and accepted by the various entities involved.

The city shall not repair, maintain, install or provide any street or public utility services in any subdivision for which a final plat has not been approved and filed of record, nor in which the standards contained or referred to herein have not been complied with in full, except as provided for in subsection (b) above.

The city, nor any other utility, shall not sell or supply any water, gas, electricity, or sewage service within a subdivision for which a final plat has not been approved or filed for record, nor in which the standards contained or referred to herein have not been complied with in full, except as provided for in subsection (b) above.

(e)

On behalf of the city, the city attorney shall, when directed by the city commission, institute appropriate action in a court of competent jurisdiction by injunction or otherwise to enforce the provisions of this article.

(f)

If any subdivision is in existence for which a final plat has not been approved or in which the standards contained or referred to herein have not been complied with in full, then the city commission shall pass a resolution reciting the fact of such noncompliance and reciting the fact that the provisions of subsections (b), (c), and (d) of this section will apply to the subdivision and the lots herein. The city secretary shall, when directed by the city commission, cause a certified copy of such resolution under the corporate seal of the city to be filed in the deed records of the county in which such subdivision or part thereof lies. If full compliance and final plat approval are secured after the filing of such resolution, the city secretary shall forthwith file an instrument in the deed records of the county stating the subsections (b), (c), and (d) no longer apply[.]

(g)

Provided, however, that the provisions of this section shall not be construed to prohibit the issuance of permits for any lots upon which a residential building exists and was in existence prior to passage of this article, nor to prohibit the repair, maintenance, or installation of any street or public utility services for, to or abutting any lot, the last recorded conveyance of which prior to passage of this article was by metes and bounds, and/or any subdivision, or lot therein, recorded or unrecorded, which a subdivision was in existence prior to passage of this article.

(h)

For subdivisions within the city limits, no final plat shall be approved unless the property is zoned in accordance with the city’s zoning ordinance with a classification that permits for the uses intended.

The city shall require that “urban subdivisions” conform to the standards and specifications denoted in section 10.02.011, and that “rural subdivisions” conform to the county’s rules and regulations. The city, nonetheless, shall require that “rural subdivisions” be reviewed and acted on by the planning and zoning commission and the city commission.

(Ordinance 2103 adopted 2/14/95; Ordinance 2103-2 adopted 2/21/12; Ordinance 2103-010-11-2025(Z) adopted 11/4/2025)

§ 10.02.005 Variances.

The Planning and Zoning Commission may recommend to the City Commission a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. The only variance that cannot be granted will be in the area of paving, curb and gutter for subdivisions located within the city limits of San Benito, Texas and it' s one-mile ETJ. All plats submitted must conform with the requirements of this article.

Any variances requested must be submitted in writing by separate instrument at the time the preliminary plat is filed with the planning and zoning commission. No variance shall be approved unless the planning and zoning commission and the city commission find:

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

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;

Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship;

Nothing herein shall prohibit a variance being recommended by the planning and zoning commission or the city commission upon its own motion and upon a finding of the special circumstances or conditions under which a variance is permissible. A variance may be granted only when in harmony with the purpose and intent of this article so that the public health, safety and welfare may be secured and substantial justice accomplished; and

All variances must be submitted to the city commission for approval or disapproval. A vote of 4/5 of the city commission shall be required to override a recommendation for/or against a variance from the planning and zoning commission.

(Ordinance 2103 adopted 2/14/95; Ordinance 2162, sec. I, adopted 4/15/97; Ordinance 2103-1 adopted 2/5/08;Ordinance 2103-010-11-2025(Z) adopted 11/4/2025)

§ 10.02.006 Preliminary plat.

Preliminary conference.

Prior to the filing of a preliminary plat, the subdivider, his planner, or representative should consult with and present a proposed plan of subdivision to the planning director for comments and advice on the procedures, specifications and standards required by the city for the subdivision of land.

Required: title report.

The subdivider shall cause to be prepared a preliminary plat by a registered public surveyor or professional engineer, before the filing of the subdivision plat with the planning and zoning commission.

§ 10.02.007 Preliminary plat and accompanying data.

The subdivider shall also furnish the city with sufficient evidence of legal title in and to the subject property along with any lienholders holding security interest in the property in lieu of a title report. The furnishing of the preliminary plat is for the purpose of determining whether such plat is sufficient for review by the planning and development commission, and the 30-day limitation imposed on the planning and zoning commission shall not commence until such plat is placed on the agenda of the planning and zoning commission.

(Ordinance 2103 adopted 2/14/95)

General.

The subdivider shall cause to be prepared a preliminary plat by a surveyor and/or a licensed professional engineer in accordance with this article. A preliminary and final plat may be filed at the same time. If the final plat is a portion of a large tract owned by the applicant, a preliminary plat must be filed on the entire tract.

Time for filing and copies required.

The subdivider shall file with the planning director ten (10) copies of the preliminary and final plat no later than seven (7) calendar days from the first (1st) day of the month for review by the subdivision review committee (SRC). The SRC will be reviewing the preliminary and/or final plat on the first (1st) Thursday of the month. An additional ten (10) copies with the revisions, if any, recommended by the subdivision review committee, need to be submitted to the planning director within ten (10) calendar days after the SRC meeting in order for the planning and zoning commission to consider it. The planning and zoning commission regularly meets on the fourth (4th) Thursday of each month.

Filing fees.

Such plan shall be accompanied by a review fee of $250.00 or such fee which the city commission from time to time imposes.

Form and content.

The plat shall be drawn to a scale of not less than 100 feet to one (1) inch and shall contain the following:

Proposed name of the subdivision, which shall not have the same spelling as or be pronounced similar to the name of any other subdivision within the city or within its extraterritorial jurisdiction.

Names of contiguous subdivisions and an indication of whether or not contiguous properties are platted.

Subdivision boundary lines, indicated by heavy lines, and the computed acreage of the subdivision.

Existing sites as follows:

The exact location, dimensions, name and description of all existing or recorded streets, alleys, reservation, easements or other public rights-of-way within the subdivision, intersecting or contiguous with its boundaries or forming such boundaries.

The exact location, dimensions, description and name of all existing or recorded residential lots, parks, public areas, permanent structures, existing watercourses, irrigation canals, drainage structures, and other sites within or contiguous with the subdivision.

Regulatory flood elevations and boundaries of floodprone areas including floodways, if known.

The exact location, dimensions, description and name of all proposed streets, alleys, parks, other public areas, reservations, easement or other rights-of-way, blocks, lots, and other sites within the subdivision.

(6)

Date of preparation, scale of plat and north arrow.

(7)

Topographical information shall include high and low elevations within the subdivision and the elevation of all corners of the subdivision.

(8)

A number or letter to identify each lot or site and each block.

(9)

Location or city limit lines, the outer border of the City's one-mile extraterritorial jurisdiction, and zoning district boundaries, if they traverse the subdivision, form part of the boundary of the subdivision, or are contiguous to such boundary.

(10)

Vicinity sketch or map at a scale of not more than two thousand (2,000) feet to an inch which shall show existing subdivisions and streets.

(11)

Along with the preliminary plat, the following shall be submitted:

Letters from the various utilities that service is available and can be provided to the site.

Preliminary drainage plan and drainage report showing existing drainage and the location of any drainage improvement to be made. Drainage report must be prepared and sealed by a professional engineer.

§ 10.02.008 Processing of preliminary plat.

Proposed plans or other structure elevating techniques, levels, channel modifications, seawalls and other methods to overcome flood or erosion related hazards.

(12)

Describe the subdivision by metes and bounds.

(13)

Locate the subdivision with respect to a corner of the survey or tract or an original corner of the original survey of which it is a part[.]

(14)

The dimensions of the subdivision and of each street, alley, square, park, or other part of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the street, alley, square, park, or other part.

(15)

Restrictive covenants imposed on the land, if desired by the subdivider, are to be shown on the plat, or on a separate document to be made a part thereof, or recorded by separate document in the office of the county clerk. If not shown on the recorded plat, a copy of such restrictions, with recording data thereon, shall be furnished to the city.

(Ordinance 2103 adopted 2/14/95; Ordinance 2250, sec. 1, adopted 3/19/02; Ordinance 2103-1 adopted 2/5/08; Ordinance 2103-2 adopted 2/21/12; Ordinance 2103-010-11-2025(Z) adopted 11/4/2025)

The planning director shall check the preliminary plat as to its conformity with the comprehensive plan, zoning ordinance and the standards and specifications set forth in this article.

The public works director and/or city engineer shall review all proposed urban subdivision plats to determine if the proposed subdivision is reasonably safe from flooding and that the grade inclinations for all streets, alleys and lots are established and recorded on the plat to assure maximum drainage within the dictates of the general topography of the platted area and the areas surrounding the subdivision.

It shall also be determined that all public utilities and facilities are located and planned to minimize or eliminate flood damage.

The planning director shall return the preliminary plat and accompanying data to the planning and zoning commission with recommendations as to modifications, additions, or alterations of such plat data.

(e)

Within thirty (30) days after the preliminary data is formally filed with the planning and zoning commission, the planning and zoning commission shall approve the preliminary plat; disapprove the preliminary plat; or conditionally approve the preliminary plat with modifications. The planning director shall inform the subdivider of the reasons for disapproval or conditional approval of the preliminary plat at the time such action is taken, unless the subdivider is present at such meeting[.]

(f)

Approval of a preliminary plat by the planning and zoning commission shall be deemed as an expression of approval of the layout submitted on the preliminary plat. The approved preliminary plat shall act as a guide for the installation of streets, water, sewer and other required improvements and utilities for the preparation of the final plat or recorded plat. Approval or conditional approval of a preliminary plat shall not constitute an automatic approval of the final plat.

(g)

Approval or conditional approval of a preliminary plat shall be effective for only one (1) year unless reviewed by the planning and zoning commission in the light of new or significant information which would necessitate a revision of the preliminary plat. If the planning and zoning commission should deem changes in a preliminary plat, it shall so inform the subdivider in writing.

(h)

If no development has occurred which would affect the proposed preliminary plat after one (1) year of effective approval, the planning and zoning commission may, upon the application of the subdivider, extend the approval for an additional six (6) months. At the end of this six (6) month extension, the preliminary approval shall be revoked in writing by the city to the subdivider.

Approval of the preliminary plat may be considered as approval of the final plat if no changes are required by the planning and zoning commission and all requirements of this article are included in the plat.

(Ordinance 2103 adopted 2/14/95)

§ 10.02.009 Final plat.

Form and content.

The final plat and accompany data shall substantially conform to the preliminary plat as conditionally approved by the planning and zoning commission, incorporating any and all changes modifications, alterations, corrections and conditions imposed by the planning and zoning commission and the city commission.

The final plat shall be drawn in India ink on mylar sheet 30 x 20 inches and one (1) inch margin on the binding side of the sheet and margins of not less than 1/2 inch on the other three sides. The plat shall be drawn at a scale of one hundred (100) feet to one (1) inch or greater. Where more than one sheet is necessary to accommodate the entire area, an index sheet showing the entire subdivision at an appropriate scale be attached to the plat. A computer disk, latest Autocad version, or the like, shall also be submitted.

In addition to the various requirements for the preliminary plat, the final plat shall also included the following:

Owner’s acknowledgment of the dedication to public use of all streets, alleys, parks, and other public places shown on final plat.

Certification by the surveyor and/or professional engineer responsible for surveying the subdivision area, attesting to its accuracy, and for the preparation of the final plat and supporting data, attesting to its accuracy.

Certification by chairman of the planning and zoning commission; mayor; and city engineer that the subdivision plat conforms to all requirements of this article.

Along with the final plat, the applicant shall submit in writing statements from the various utilities that they have reviewed the subdivision, that they can provide service and are prepared to do so when requested by the subdivider.

Before it is recorded, a certificate shall accompany the record plat showing that all taxes payable shall have been previously paid in full.

Certification by the developer and professional engineer, licensed to practice in the state, that water and sewer facilities to be installed in the urban and/or rural subdivision shall be in compliance with the model rules in form attached hereto.

Processing of final plat.

If desired by the subdivider and approved by the planning and zoning commission and the city commission, the final plat may constitute only that portion of the approved preliminary plat proposed to record and develop. However, such portion shall conform to all the requirements of this article.

As soon as practical after the subdivider is notified of the approval of the preliminary plat, the engineer and/or surveyor for the proposed subdivision shall submit to the planning director the final plat for approval by the city officials after the requirements of this article have been met by the subdivider.

No final plat will be considered unless a preliminary plat has been submitted. A preliminary and final plat may be submitted at the same time. However, if an approved plat has been duly recorded and the subdivider wishes to increase its size by combining two or more lots or by combining one lot with a portion of the adjacent lot in such manner that no portion of a lot remains smaller than the original lots, no preliminary replat will be necessary.

When filed with the city for approval, the final plat shall be accompanied by the following site improvement area. All plans and engineering calculations shall bear the seal and signature of a registered engineer. Three (3) copies of the following, along with cost estimates, shall be filed with the city.

Plans and profiles of all streets, alleys, sidewalks, and monuments.

Construction plans showing the following:

Sanitary sewer.

The location and dimensions of existing and proposed sanitary sewer lines, indicating the depths and grades of lines. When a separate sewer system or treatment plant is proposed, the point of discharge or disposal area, along with the plans and specifications of the treatment plant, shall also be submitted.

Water lines.

The location, profile, and size of existing and proposed water lines and fire hydrants, showing the depth and grade of the lines. When a separate water system is planned, or when connections to a water system is planned, or when connections to a water system other than to the city water system are proposed, the plan shall show the point of connection and/or source of supply along with the plans and specifications of any treatment facilities.

Storm water management.

See exhibit attached to Ordinance 2103-5.

Traffic impact analysis (TIA) report.

Purpose.

The purpose of a traffic impact analysis (TIA) is to identify the relationship between land use and transportation system. The TIA is intended to ensure adequate review and consideration of potential impacts of proposed development on the surrounding thoroughfare and local street system. The city requires that TIAs be performed for zoning and rezoning requests and site plan processes. A TIA will be required unless determined otherwise by the planning manager. An appeal on a decision by the planning manager made [may] be submitted in writing to the city manager's office.

Traffic impact analysis.

Acceptable level of service.

A level of service "C" is the design objective for the city. A TIA must attempt to identify sufficient transportation improvements to achieve or maintain a level of service "C" or better.

Study area.

The minimum transportation impact study area shall include the entire neighborhood plus any neighborhood that abuts or is adjacent to the proposed development.

Contents.

Specific report requirements may vary depending on the site location and characteristics, geographic area, and size and type of development. However, each TIA must clearly state all assumptions and methodologies, and contain at a minimum, the following:

Transportation system.

Vicinity map that relates the site location to the thoroughfare and local street system.

Thoroughfare designation according to the city thoroughfare plan.

Number of roadway lanes, lane widths, and right-of-way widths.

iv.

Traffic signal locations.

Land uses.

Existing and proposed (if applicable) land use characteristics for the subject site.

Number of acres (gross and net) classified by zoning and density.

Approximate gross square footage of existing and proposed structures.

Background traffic.

Existing conditions.

Current traffic counts (both average daily traffic and morning and afternoon peak hours) on thoroughfares and collectors around the site shall be collected for the TIA and the counts shall be not more than one-year old. The city's most current annual traffic counts may be used for the TIA if available.

Turning movements at critical intersections should be collected for the intersection's analysis.

For proposed new developments, if the site will be built in the future year, projected growing traffic volume, calculated by using a growth factor, between the current year and a tentative built year should be added to the current traffic counts. The growth factor will be determined by the city based on historical data from the city's annual counts.

Projected build-out assumptions.

Site traffic; trip generation.

Assume full development and occupancy.

Show in tabular form the land use components, the trip generation rates (daily and peak hour), and total trips generated by land use types.

Use the latest Trip Generation Manual published by Institute of Transportation Engineers.

No passerby trip reductions allowed.

Capacity analysis.

Separate maps illustrating traffic volumes for different scenarios:

Non-site traffic projections for design year (ADT and a.m./p.m. peak hour turning movements);

Development traffic (ADT and a.m./p.m. peak hour turning movements); and

Non-site traffic plus development traffic for design year (ADT and a.m./p.m. peak hour turning movements).

Capacity analysis of roadway links shall be performed for the ultimate design. Identify level of service with and without development site traffic. If the roadway links exhibit a LOS D, E, or F, then intersection analyses will need to be performed for those facilities.

Mitigation of impacts.

Identification of actions or alternatives required to maintain an acceptable level of service on the street system. Candidate actions include:

Roadway link and intersection improvements.

New or modified traffic signals.

Access locations and driveway design.

iv.

Transportation system management programs.

Neighborhood traffic deviators/controls.

Site plans or preliminary engineering plans for all thoroughfares, local streets, and intersection improvements must as a minimum conform to the requirements of the city's land development code.

Revised traffic figures.

If the proposal is significantly revised by the planning and zoning commission and/or city commission, then revised traffic figures must be generated in order to comply with the final recommendation.

Waiver of requirement.

If the proposed development or zoning change generates less than 1,000 average daily trips, the city's director of public works or city engineer may waive the requirement.

10.

Completion by registered professional engineer.

The traffic impact analysis shall be completed by a registered professional engineer with a background in traffic engineering.

§ 10.02.009.1 Minor plat approval delegation.

Final engineering report. The final plat shall be accompanied by an engineering report bearing the signed and dated seal of a professional engineer registered in the state. The engineering report shall discuss the availability and methodology of providing water facilities and wastewater treatment in individual lots within the subdivision. A detailed cost estimate per lot acceptable to the planning and zoning commission and the city commission shall be provided for those unconstructed water supply and distribution facilities and wastewater collection and treatment facilities which are necessary to serve the subdivision. The plan shall include a construction schedule for each significant element needed to provide adequate water and wastewater facilities. If financial guarantees are to be provided, the schedule shall include the start dates and completion dates..

(Ordinance 2103 adopted 2/14/95; Ordinance 2103-5 adopted 3/15/2022)

The department of planning, upon receipt of a plat administratively filed under this section, shall verify the conditions set out below and upon verification thereof is hereby authorized to approve such a plat as provided under Texas Local Government Code § 212.0065.

To qualify for approval under this section, the plat must conform to the following requirements:

There are no more than four lots in the proposed subdivision;

All lots front on an existing dedicated public street;

The subdivision does not require the creation of any new street(s); and

All lots can be served by existing municipal facilities (water, sewer, drainage) in a manner consistent with master plans for capital improvements. Septic tanks can be accepted for sewer service if a variance is granted by COSB.

§ 10.02.009.2 Exemptions to platting requirements.

All information necessary to make this determination must be provided to the department of planning for consideration. If any of the foregoing conditions of this section are not met in such proposed subdivision, then the plat shall be processed as otherwise provided by city code.

(Ordinance 2613-10-2022(Z) adopted 11/1/2022)

Property that was divided into its current configuration prior to February 14, 1995 and has not had a change in boundaries since such time can be exempted from platting requirements if the owner can provide proof of such. A recorded property deed dated prior to that date with a metes and bounds or legal description exactly matching the current property would constitute the necessary proof.

The director/manager of planning and development shall determine the subdivision exemption status of a tract of land upon receipt of a completed application form and accompanying documents by the property owner or authorized agent. The director/manager of planning and development will create the application form and its format. The application form shall be accompanied by the following documents:

Warranty deeds for the subject tracts indicating date of last conveyance;

Evidence of a building on the subject tract prior to the effective date of February 14, 1995, if applicable;

Current tax certificates;

Survey of the tracts showing property line, right-of-way widths, easements, proposed partition and existing improvements, signed and sealed by a registered public surveyor;

§ 10.02.009.3 Common ownership exception allowing structures across internal lot lines on a single deed.

Separate instruments dedicating additional right-of-way along perimeter streets in accordance with the major thoroughfare plan with appropriate recording fees (or provide recorded copy); and

(6)

Upon receipt of all applicable data and upon determination that such tract is exempt from subdivision, the director/manager of planning and development can issue a letter of determination that the tract satisfies the exemption requirements of this section.

(Ordinance 2613-10-2022(Z) adopted 11/1/2022)

Purpose.

This section amendment, being a part of ordinance 2252, is intended to provide flexibility in subdivision regulations by allowing the construction of a single structure across internal lot lines and allow for additions, provided that the lots are contiguous, under the same ownership, and recorded on a single deed. This measure is designed to simplify development without requiring a formal replat, as long as public health, safety, and welfare are not compromised.

Structures allowed across lot lines.

A structure may be built across internal lot lines when all of the following conditions are met:

The lots are contiguous and within the same recorded subdivision.

Ownership is held by the same person or entity, with identification under a single recorded deed.

No new lots, units, or buildable tracts are created.

The owner records an Affidavit Unity of Lots in the Official Public Records of Cameron County stating the lots will not be sold, conveyed, or separately developed unless formally replated in accordance with city regulations.

The lots shall be considered unified for the duration of the structure's existence.

No separate use or sale of the affected lots shall occur unless the structure is removed or modified to comply with applicable regulations.

Setback and zoning compliance.

All construction must comply with the applicable building setbacks, zoning regulations, and building codes of the City of San Benito. The internal lot line shall not be used to require additional side yard setbacks.

NOTE: No more than one single-family dwelling will be allowed on the property. The land use must be consistent with the land use chart for that zoning district and must comply with all relevant zoning regulations.

Building permit requirements.

Prior to issuance of a building permit under this section:

The applicant must submit a site plan showing the location of the structure across the lot line.

Proof of common ownership must be submitted (e.g., deed or title);

§ 10.02.010 Guarantees and performance.

A recorded Affidavit Unity of Lots shall be provided to the Planning Department.

(Ordinance 2613-A-09-2025 adopted 8/19/2025)

Security in lieu of construction.

If the subdivider chooses to file security in lieu of completing construction prior to the final plat approval for recordation, he may utilize one of the following methods of posting security. If the subdivider chooses to file security, the plat shall not be approved for recordation unless the subdivider has done one of the following:

Performance bond.

The developer has filed with the commission a bond executed by a surety company holding a license to do business in the state and acceptable to the city, on the form provided by the city, in an amount equal to the cost of the improvements required by this section and within the time for completion of the improvements as estimated by the City Engineer or his designated representative. The performance bond shall be approved as to form and legality by the City Attorney.

Trust agreement.

Has placed on deposit in a bank, savings and loan association, or trust company selected by the subdivider and approved by the city, in a trust account in the name of the city, or has delivered an irrevocable letter of credit in a sum of money equal to the estimated cost of all site improvements required by this section, plus 10%. Selection of the trustee shall be subject to approval by the city. The irrevocable letter of credit shall be from a federally insured lending institution in favor of the city. Either the trust agreement or the letter of credit shall unconditionally and irrevocably commit said lending institution to deliver to the city, on demand, such sums as are necessary, as determined by the city, to complete the installation of required improvements under the terms of this section, if such subdivider fails to complete such requirements in the time prescribed by this section. The trust agreement shall be submitted for approval as to form and legality to the City Attorney.

§ 10.02.011 Standards and specifications.

Guarantee of materials and workmanship.

The subdivider or developer shall require guarantee of materials and workmanship of his construction contractors with whom he contracts, for furnishing material and installing the improvements, and shall himself be responsible for guaranteeing that all materials and workmanship in connection with such improvements are free of defects for a period of one year.

(Ordinance 2103 adopted 2/14/95; Ordinance 2127, sec. 3, adopted 5/7/96; Ordinance 2162, sec. II, adopted 4/15/97; Ordinance 2103-2 adopted 2/21/12; Ordinance 2103-007-08-2024 adopted 9/3/2024; Ordinance 2103-009-06-2025(Z) adopted 6/3/2025)

No preliminary or final plat of an urban subdivision shall be approved by the planning and zoning commission and the city commission and no completed improvements shall be accepted unless they conform to the following standards and specifications:

General.

Conformity with comprehensive plan.

The subdivision shall conform to the current comprehensive plan of the city, as defined herein, as adopted or amended by the city commission.

Subdivision names.

Names of new subdivisions shall not be duplicated nor cause confusion with the names of existing subdivisions, unless said continuation, or subsequent units of prior platted subdivision and have received prior approval by the planning and zoning commission and the city commission.

Proposed subdivisions, located outside the city’s one-mile ETJ and outside of the city’s five-year annexation plan, shall comply with the subdivision regulations of the county. The subdivider, nonetheless, shall be required to submit the proposed subdivision for the review by the planning and zoning commission and the city commission.

Street.

Street layout.

Adequate streets shall be provided by the subdivider and the arrangement, character, extent, width, grade, and location of each shall conform to the current comprehensive plan as defined herein and shall be considered in their relation to existing and planned streets, to topographical conditions, to public safety and convenience, and in their appropriate relationship to the proposed uses of land to be served by such streets. The street layout shall be devised for the most advantageous current and future development of the entire neighborhood as determined by the planning and zoning commission and city commission. There shall be at least 100 feet of straight street between reverse curves.

Relation to adjoining street system.

Where necessary to the neighborhood pattern, existing streets in adjoining areas shall be continued and shall be at least as wide as such existing streets and in alignment therewith.

Projection of streets.

Where adjoining areas are not subdivided, the arrangement of streets in the subdivision being considered shall make provision for the proper projection of these streets into unsubdivided areas adjacent to it in the most logical and orderly fashion.

Street jogs.

Street jogs with center line offsets of less than 125 feet measured center line to center line shall be prohibited.

Half-streets.

No half-streets in width shall be constructed except to complete any existing half-streets.

Street intersections.

Street intersections shall be as nearly at right angles as practicable.

Dead-end streets.

Dead-end streets shall be prohibited except as short stubs not to exceed 200 feet in length to permit future expansion.

(H)

Cul-de-sacs.

Cul-de-sac streets shall not exceed 750 feet in length, and shall have a turnaround of not less than 100 feet in diameter of right-of-way with a pavement width of 80 feet in residential areas, and shall have a turnaround of not less than 200 feet in diameter of right-of-way with 180 feet in commercial and industrial areas.

(I)

Local streets.

Local streets shall be laid out so as to discourage their use by through traffic.

(J)

Street composition.

Streets constructed in an urban subdivision shall be paved of thickness outlined below with wearing surface of asphalt surface treatment. Curb and gutter and catchbasin laid to grade to provide efficient drainage. Minimum radius of 15 feet on corners. Minimum street width shall be 33 feet, back to back curb. The subdivider will construct, at his/her own expense, bridges and culverts, necessary to span ditches within the subdivision, and pave to connect with adjacent streets. Construction and hard-surfacing of all streets within the subdivision shall strictly adhere to the following minimum requirements. The city reserves the right to increase the minimum paving design standards due to anticipated loading and traffic volume.

Subgrade.

Subgrade shall be lime stabilized with minimum of 5% lime and to a depth of 6 inches. A lime determination test will be required.

Caliche.

Caliche shall meet the requirements of the Texas Department of Transportation (TxDOT) type F, grade 4 minimum triaxial strength of 150 (CBR-50). Minimum thickness shall be 8 inches. Caliche shall be stabilized with the use of chemical liquid stabilized (Road Bond EN-1 or equal). Six inches crushed limestone (type A, grade 1) may be used in lieu of 8" caliche base.

Hot mix asphalt.

Asphalt shall meet the requirements of TxDOT type “D” asphalt. Minimum thickness shall be 1-1/2 inches after compaction. Mix aggregate must be 100% limestone.

Curb and gutter.

Concrete for curb and gutter shall have a 3,000 PSI compressive strength and shall contain “fibermesh” reinforcing at rate of 1.5 pounds per cubic yard.

The caliche shall meet the following minimum requirements:

Plasticity index: 12 or less.

Liquid limit: 45 or less.

Lineal shrinkage: 7 or less.

Gradation - passing 2 inch: 100%; retained on 40 mesh sieve: 50%–80%.

Compaction - subgrade: 95% standard proctor density; flexible base: 98% standard proctor density.

Specifications for material and workmanship shall conform to Texas Department of Transportation Standard Specifications, except where specified otherwise above.

(K)

Pavement width and rights-of-way within subdivisions.

Pavement widths and rights-of-way shall be as follows:

Principal arterial streets shall have a right-of-way width of at least 120 feet, with a pavement width of at least 80 feet.

Secondary arterial streets shall have a right-of-way width of at least 100 feet with a pavement width of at least 60 feet.

Collector/subcollector streets shall have a right-of-way of at least 80 feet with pavement width of at least 48 feet. Minor collector streets shall have a right-a-way of at least 60 feet with pavement width of a least 33 feet.

Local streets shall have a right-of-way of at least 60 feet and a pavement width of at least 33 feet unless the land use density dictates the need for wider right-of-way and paving as determined by the planning and zoning commission and the city commission.

Local streets of a proposed subdivision, located outside the city’s one-mile ETJ and outside of the city’s five-year annexation plan shall have a minimum right-of-way of 60 feet and a minimum pavement width of 24 feet.

(L)

Pavement widths and rights-of-way of streets forming part of the subdivision boundaries (adjacent) shall be as follow:

The subdivider shall dedicate a right-of-way of 60 feet in width for new adjacent principal arterial streets, and a minimum of 33 feet of such right-of-way shall be paved.

Where the proposed subdivision abuts upon an existing street or half-street that does not conform to this section, the subdivider shall dedicate right-of-way width conforming to such section, where the subdivision abuts upon previously dedicated right-of-way open for use by the public. For urban subdivisions if it is determined that the paving of the street is not required at the time of the subdivision process, cash in the amount of the subdivider’s participation under this policy shall be paid to the city and placed in a separate account for future paving of the street for which it was collected or submit a form of security denoted in section 10.02.010(b). The amount of participation by the subdivider shall be determined on the basis of the unit prices received through bids taken on the city’s most recently awarded paving contract.

The right-of-way dedicated by the subdivider shall be in conformance with the long range thoroughfare plan of the county, adopted on September 9, 1994, or amended thereof.

(M)

Curbs.

Curbs shall be installed by the subdivider on both sides of all interior streets of an urban subdivision, and on the subdivision sides of all streets forming part of the boundary of the development.

(N)

Street names.

Names of new streets shall not duplicate or cause confusion with the names of existing streets, unless the new streets are a continuation of or in alignment with existing streets, in which cases names of existing streets shall be used.

(O)

Streetlights.

Streetlights shall be installed by the subdivider at all street intersections within the subdivision, every 500 feet. If a block exceeds 900' in length, a streetlight shall be installed at mid-block.

(P)

Street signs.

Street name signs shall be installed by the city at the expense of the subdivider at all intersections within or abutting the subdivision. Such signs shall be of a type approved by the city and shall be installed in accordance with city standards.

(Q)

Street patterns.

Streets shall be platted with appropriate regard to natural and topographic features so as to lend themselves to attractive treatment.

(R)

Each lot owner, whose lot fronts a public street (and not a city street), shall bear the responsibility of maintaining and making improvements to this public street. This public street shall not be maintained by the city, unless the lot owners that front this public street at some future date meet all the subdivision requirements of the city. The requirements of this subsection shall be stated in the owner’s certificate on the face of the final plat of the proposed subdivision at the time it is presented for approval and on the deed restrictions.

Alleys.

Width and paving.

Alleys shall be at the rear of all lots intended to be used for business purposes; shall not be less than 20 feet wide; and shall be paved according to the city’s standards and specifications by the subdivider. The right-of-way for all alleys shall be dedicated to the public. Alleys may be provided in residential areas, provided that the developer complies with this section.

Intersecting alleys or utility easements.

Where two alleys or utility easements intersect or turn at a right angle, a cutoff of not less than 10 feet from the normal intersection of the property or easement line shall be provided along each property or easement line.

Dead-end alleys.

Dead-end alleys shall be permitted.

Half alleys.

No half alleys shall be platted or constructed.

Utility easements.

Each block that does not contain an alley as provided for in subsection (3) of this section shall have a utility easement at the rear of all lots reserved for the use of all public utility lines, conduits, and equipment, except that water, sewer and streetlights must be placed in front of the lots.

These utility easements shall be 15 feet in width, and shall be continuous for the entire length of the block. These easements shall parallel as closely as possible to the street line frontage of the block. There shall be no “dead end” utility easements permitted.

Standard curbs shall be required where utility easements intersect streets.

Sidewalks.

Shall be required within the city limits and shall be as follows:

No sidewalks less than four feet (4') in width shall be installed in new subdivisions as deemed necessary by the Governing Body and will be installed at the expense of the subdivider. For example, along streets that form the boundary of a subdivision and along areas not normally the responsibility of the future property owners.

No internal sidewalks are required until the lot is improved but at the time such improvements are constructed, a sidewalk complying with the provisions hereof shall be provided at the front of such lot, and also along the interior street side of the corner lots.

All interior sidewalks shall be not less than four feet (4') in width and shall be of concrete construction and shall be in compliance with ADA requirements for ramps.

Sidewalks shall be parallel to the street, insofar as possible.

As site conditions vary, sidewalks no less than five feet in width may be placed immediately next to the curb or four feet in width if placed four feet away from curb to allow a lawnmower proper access, all sidewalks in a subdivision shall be uniform in this respect.

In commercial, industrial, public and multi-family areas sidewalks shall be constructed with ADA ramps in areas where such ramps are required. Sidewalks no less than five feet (5') in width shall be provided as deemed necessary by the Governing Body along streets that form boundaries of a subdivision,

The developer will be responsible to install any and all required ADA ramps along with a six (6) foot section of sidewalk on each side for future continuation.

(6)

Water installation.

Water supply and distribution.

All subdivisions shall be provided with water supply and water distribution systems approved by the city, prior to the approval of the final plat.

Fire hydrants.

Standard fire hydrants shall be installed by the subdivider as part of the water distribution system per specifications of the fire chief and of the state board of insurance, and shall provide fire protection service as per the key rate (500 gallons per minutes at 50 PSI at each hydrants). All fire hydrants shall be located on a minimum 8-inch loop, and every lot shall be within 500 feet of a fire hydrant.

For an urban subdivision, the subdivider shall be required to install fire hydrants in accordance with subsection (6)(B).

Water line mains to be PVC class 100 (AWWA C900) of a size, and with all necessary valves and fittings, including fire hydrants, to meet the minimum requirements of the city. No tapping sleeves are allowed in our water system.

Water mains shall not be less than eight (8) inches in diameter in residential areas and ten (10) inches in commercial and industrial areas.

For a proposed subdivision located within the city’s one-mile ETJ, the subdivider shall be required to install fire hydrants or in lieu thereof place money in escrow for the hydrants if the water system (either East Rio Hondo Water Supply Corporation or Military Water Supply Corporation) that services the proposed subdivision requires no fire hydrants.

If money in escrow is deposited by the subdivider for fire hydrants or any other improvements, such money shall be returned with any interest earnings to the subdivider five (5) years from the date of the deposit, if the water system (either East Rio Hondo Water Supply Corporation or Military Highway Water Supply Corporation) or the subdivider has failed to undertake the improvements approved by the city for reasons beyond the subdivider’s control.

(7)

Sewer.

A proposed urban subdivision shall be connected to a sewage collection and disposal system approved by the city, prior to the approval of the final plat.

If a separate sanitary sewage disposal system is proposed, it must be approved in writing by the (TCEQ) Texas Commission on Environmental Quality, prior to approval of the final plat by the city and such written approval shall be presented to the city.

The city may prohibit the installation of sewage disposal facilities requiring soil absorption systems where such systems will not function due to high water, flooding, or unsuitable soil characteristics. Such actions by the city shall be based on the review and findings of the city and/or county health officer. The city may require that the subdivider note on the face of the final plat, and in any deed of conveyance, that soil absorption fields are prohibited in designed areas.

Waivers and releases.

Any subdivider or owner of a single lot subdivision larger than three-fourths (3/4) of an acre located within the water and sewer service areas of the city and located within the city limits or the one-mile extraterritorial jurisdiction may apply for a waiver of the requirements of construction of utility improvements required under this subdivision ordinance, provided the nearest city water main lines and/or sewer lines are more than 300 feet away from said single lot subdivision’s nearest property line.

The city commission may grant such waiver for utility improvements provided the planning and zoning commission has approved such waiver for the purposes of water and sewer improvements. Adequate utility facilities must otherwise be present for the property, taking into consideration existing facilities and the nature and condition of such property.

Such waiver shall be conditioned upon the owner or subdivider of the property executing a contract with the city providing that when improvements for which a waiver is granted are extended to a point within 300 feet of the subject property, the owner of the subject property, within six (6) months from that time, shall provide for the construction of such improvements as applicable. Such contract shall be promulgated by the city attorney and approved by the applicable authority. After execution, the agreement shall be recorded in the official records of the city and/or county, and such agreement shall run with the land.

Should such owner or subdivider fail to construct such improvements within said six (6) months, the city may, but is not required to, construct such improvements. If the city constructs such improvements, it shall enforce a lien on the property for the costs of such improvements.

As consideration for a release from an approved agreement as provided for in subsection (D)(iii) hereof, and upon approval of the city commission the subdivider or owner may deposit with the city a sum of money equal to the estimated cost of all the site improvements and extensions required by this article. Such amount shall be placed in a fund created by the city. The public works director and/or city engineer shall approve the estimated costs.

(vi)

If the amount of the costs estimated by the public works director and/or city engineer is deposited with the city, the subdivider and any subsequent owner of the property shall be relieved of any responsibilities relating to the applicable extensions unless otherwise required under any assessment or legal proceedings or unless the property is resubdivided.

Each lot owner shall refrain from ever requesting subsidized public sewer service, and in the event a public gravity sanitary sewer system is subsequently extended to serve such subdivision, the owners of all lots shall incur the costs of extending a gravity sewer main from the subdivision line to each of the individual lots in the subdivision within six (6) months of public notifications of the availability of said service. The requirements of this subsection shall be stated in the owner’s certificate on the face of the final plat of the proposed subdivision at the time it is presented for approval and on the deed restrictions. Any other related costs (including lift stations, etc.) shall be incurred by the individual lot owners.

Manholes shall be fiberglass with a cast iron ring and cover. There shall be a manhole approximately every 400 feet and in strategic locations.

Any proposed urban subdivision with two (2) or more lots that is located within 1,000 feet from an existing public sewer line shall be required to extend service to the proposed subdivision, whether it be extending the gravity sewer line or constructing a lift station.

(H)

Septic tanks may be permitted in urban subdivisions if the subdivider meets the following criteria:

If the property being subdivided is not more than 2 lots and the size of the lots are one (1) acre each or greater; and/or

For economic hardship caused by distance from existing facilities, if the subdivider is able to demonstrate that compliance with the subdivision requirements has not been circumvented by piece-meal metes and bounds conveyances;[.]

(I)

If the subdivider complies with subsection (H) above and is allowed by the planning and zoning commission and the city commission to install a septic tank, the subdivider (or any lot owner) shall refrain from ever requesting subsidized public sewer from the city, and in the event a public sewer system is subsequently extended by the city to serve such subdivision, the owners of all lots shall incur the costs of extending a gravity sewer main from the subdivision line to each of the individual lots in the subdivision within six (6) months of public notification of the availability of said services. The requirements of this subsection shall be stated in the owner’s certificate on the face of the final plat of the proposed subdivision at the time it is presented for approval and on the deed restrictions. Any other related costs (including lift stations, etc.) shall be incurred by the individual lot owners.

(8)

Utility lines.

All utility lines that are underground and run under a street or alley shall be installed and approved by the city before the street or alley is paved. When it is necessary that utility lines pass under the street or alley pavement crossing the center line, they shall be installed to a point of at least three (3) feet beyond the edge of the pavement. All underground utilities installed in a utility easement at the rear of the lot shall be offset from the centerline of the easement.

(9)

Monuments.

All blocks, corners, angle points and points of curves, and all corners of boundary lines of subdivisions shall be marked with one-half (1/2) inch steel rod, two (2) feet in length, set in the center of a concrete mount six (6) inches in diameter and thirty-six (36) inches deep, with a top flush with the finished ground surface.

Where due to topographic conditions, permanent structures, or other conditions, the view is obstructed between any two (2) adjacent monuments, intermediate monument shall be so set as to assure a clear view between adjacent monuments.

Intermediate property, corner markers, consisting of a one-half (1/2) inch steel rod or three-quarter inch pipe, three (3) feet in length, shall be driven flush with the ground surface to mark the corner of all lots.

(10)

Drainage.

Right-of-way.

Where a subdivision is traversed by a watercourse, drainage way, natural channel or stream, there shall be provided a 20 feet dedicated right-of-way conforming substantially to the high back of such watercourse.

Drainage facilities shall be provided and constructed as specified by the city. Storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The system shall ensure drainage to all points along streets and provide positive drainage way from buildings and on-site waste disposal sites.

Plans shall be subject to the approval of the planning and zoning commission and the city commission. The city may require a primarily underground system to accommodate large, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans.

The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties.

Storm sewers shall be constructed with reinforced concrete pipes.

If the planning and zoning commission and the city commission determine that additional drainage facilities in the form of storm sewers within the proposed subdivision are necessary, the subdivider shall make the necessary improvements to ensure that the drainage improvements are adequate. All such work necessary to be done under such plans and specifications shall be done at the sole expense of the subdivider.

Storm sewer required to provide drainage from the point where drainage point along existing streets shall be provided by the subdivider.

(11)

Lots.

Unsewered lots.

Where a public wastewater system is not available, and is not provided within the city limits, residential lots shall have an area sufficient (minimum one acre) to meet minimum design requirements of the county health department. Evidence of meeting this requirement must be presented in writing prior to approval of the final plat.

Frontage.

Each lot in the proposed urban or rural subdivision shall either front a city street or have access to a public street. No subdivision will be allowed to front lots to any existing principal arterial, secondary arterial, collector/subcollector or any existing street or road. All proposed subdivisions must construct streets inside the subdivision to front each lot. Flag shaped lots will be allowed, provided that they meet the minimum lot width fifty (50) feet.

Side lot lines.

Side lot lines shall be substantially at right angles to straight street lines and radial to curved street lines.

Lot sizes, setbacks, yards.

Lot sizes, setback lines, rear yard and side yards shall be in accordance with the zoning ordinance of the city.

No more than one (1) single-family dwelling or structure shall be permitted on any lot or parcel located in urban and rural subdivisions.

A proposed subdivision with two (2) or more lots fronting principal arterials (minimum of right-of-way of 120 feet) and secondary arterials (right-of-way of 100 feet) collector/subcollector (minimum right-of-way 80 feet) or any existing street or road will be required to have a dedicated right-of-way (minimum 60 feet) in the proposed subdivision to front each lot.

The minimum width size of each lot for urban subdivisions shall not be not less than 50 feet and the minimum depth size of each lot shall not be less than 125 feet.

(12)

Family partitions.

Family partitions shall not be allowed within the city limits and the one-mile extraterritorial jurisdiction of the city.

(13)

Parks/open land was eliminated.

Refer to Ordinance 2250.

(14)

Narrative by engineer.

A brief narrative, prepared by a licensed engineer or registered surveyor, shall be attached to the preliminary plat and describe the installation of utilities, (water/sewer), location of easements, rights-of-way, and drainage of storm sewer.

(Ordinance 2103 adopted 2/14/95; Ordinance 2127, secs. 1–2, 4, adopted 5/7/96; Ordinance 2138 adopted 9/17/96; Ordinance 2250, secs. 2–6, adopted 3/19/02; Ordinance 2103-1 adopted 2/5/08; Ordinance 2103-2 adopted 2/21/12; Ordinance 2103-006-12-2023(Z) adopted 12/19/2023; Ordinance 2103-010-11-2025(Z) adopted 11/4/2025)

§ 10.02.012 Cost participation.

Street paving.

Oversize streets.

When the city requires paving width in excess of 33 feet as may be required by the comprehensive plan or as otherwise may be required by the city of the orderly development of the street system, the city shall pay for any portion of the street in excess of 33 feet. The subdivider, nonetheless, shall pay for the installation of curb and gutter.

Interior streets.

The subdivider shall pay 100% of the costs of installing interior street except as provided in subsection (a)(1) above.

Drainage.

The subdivider shall install all drainage facilities necessary to provide adequate drainage, including the transportation of runoff from said subdivision to a suitable outfall, and in accordance with city standards. Where oversizing of drainage facilities is required by the city for the orderly development of the area drainage system, the city will participate in the cost of such oversized pipe or facilities provided funds are available for this purpose.

The subdivider whose pipes or facilities will be oversized will be referred to as the initial subdivider. Should the city participate in oversizing, its cost shall be recovered from future connections made on the storm drainage system. The initial subdivider shall recover from future connections that portion of their expense that will equalize the cost of the drainage to the initial subdivider equivalent to all other who will be connecting to the oversized systems. Should the city on its own initiative install a drainage system to serve a particular area of the city, the city shall recover it costs from future connections made on the storm drainage system.

The subdivider shall bear all costs, including but not limited to labor and materials required to make connections to the storm drainage system. Reimbursement to the city, and when applicable to the initial subdivider, shall be the pro-rata cost per acre of the portion of the oversized system necessary to accommodate the number of acres in the subdivision making connections to the oversized system, plus eight percent (8) per annum interest from the date of installation of the oversized drainage system. The pro-rata cost per acre of the subdivision shall be calculated by the public works director and/or city engineer.

Requirements for park land dedication.

Neighborhood and community parks are those facilities providing for a variety of outdoor recreational opportunities and within convenience distances from a majority of the residences to be served thereby. Park zones are hereby established in Exhibit A to Ordinance 2103-007-12-2023(Z), and shall be prima facie proof that any park located therein is within such a convenient distance from any residence located therein. The residential property owners who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilitates. Therefore, the following requirements are adopted to effect the purpose stated.

General requirements.

Whenever a final plat is filed for approval with the city for the development of a residential or multi-family development within the city limits, such plat shall contain a clear fee simple dedication of an area of land to the City for park purposes, which area shall be a minimum of two acres for the first 30 acres of net development plus one acre for every five acres thereafter. Any proposed plat submitted to the City for approval shall show the area proposed to be dedicated under this Section. The required dedication of this subsection may be met by a payment of money in lieu of land when permitted or required by the other provisions of this Section.

The City declares that development of an area resulting in a land dedication smaller than two (2) acres for public parks purposes is impractical. Therefore, if fewer than 30 acres are proposed by a plat filed for approval, the developer shall be required to pay the applicable payment in lieu of land amount provided by subsection (2), money in lieu of land, rather than to dedicate any land area. No plat showing a dedication of less than two (2) acres shall be approved.

In instances where an area is required to be dedicated, the City Commission shall have the right to accept the dedication on the final plat, or to refuse same, after consideration of the recommendation of the Planning and Zoning Commission. If the dedication is disapproved by the City Commission, a payment in lieu of land in the amount of $600.00 per dwelling unit shall be required prior to plat recording. If the actual number of dwelling units proposed for construction exceed the figure upon which the original land dedication or payment was based, such additional dedication shall be required, and shall be made by the payment per each additional dwelling unit before the building permit is issued.

The general criteria for the determination to accept or reject the proposed dedicated land shall be whether or not there is sufficient park area in the public domain in the area of the proposed development or if the recreational potential for that park zone would be better served by expanding or improving existing parks, or whether or not the particular property is suitable for park purposes because of traffic conditions, environmental concerns, adjacent property uses, configuration of the property or other appropriate criteria to be established by the City Commission.

In those cases where developers of land provide significant amenities, such as, swimming pools, tennis courts, basketball courts, ball fields or walking trails within the development for the benefit of those residing therein, and where, with a positive recommendation from the Planning and Zoning Commission, could obtain a reduction of up to 50 percent of the required payment in lieu of land dedication.

Money in lieu of land.

Payments may be used only for acquisition of land and improvements or for improvements to an existing park located within the same park zone as the area being developed.

Funds from all the park zones could be used for the acquisition of land for a regional park or for improvements to regional parks. The existing regional parks that could use funds from all the park zones are the following: First Responders Community Park, Dick Welch Park, Falligant Park, Heavin Trail & Amphitheater, John F. Kennedy Park w/Heavin Resaca Trails, Landrum Park, Plaza de San Benito/Veterans Memorial Park, Heavin Park, Stookey Park, Sullivan Park, Valencia Park.

Special fund.

There is hereby established a special fund for the deposit of all sums paid in lieu of land dedication for park purposes, which fund shall be known as the Park Land Dedication Fund and divided by zones as per the map in subsection (c).

The City shall account for all sums paid in lieu of land dedication under this section with reference to the individual plats involved.

Additional requirements.

Any land dedicated to the city under this section must be suitable for park and recreational uses and approved by the city.

Each park must have ready access to public streets.

Due to this section all residential and multi-family subdivisions within the city limits will require approval of the preliminary and the final plat from the city.

§ 10.02.013 Planned development district guidelines.

Exemption.

This section shall not apply and have no effect on any subdivision in the city that have received preliminary and final plat approval.

(Ordinance 2103 adopted 2/14/95)

The purpose of the following planned development district (PDD) guidelines is to establish a general checklist for preparation and review of PDD proposals.

The guidelines will serve to identify the minimum site plan requirement as well as to identify the maximum variance from existing codes and ordinances. Departures from these requirements may be considered for approval or disapproval by the planning and zoning commission and the city commission.

The guidelines are prepared with recognition that the PDD ordinance is intended to accommodate changing lifestyles by fully utilizing the ingenuity and design capabilities of builders, architects, designers, site planners, and developers.

§ 10.02.014 Planned development district guidelines checklist.

The guidelines should be followed and interpreted to encourage and permit open spaces and green belts, and to permit flexibility, ingenuity, and more creative, economical, and desirable use of land, while still maintaining high standards of health, safety and durability.

(Ordinance 2103 adopted 2/14/95)

CHECKLIST

GUIDELINES FOR PLANNED DEVELOPMENT DISTRICT

Subdivision.

Required.

Special permit.

Required.

Special project.

Single-purpose, single-family or multifamily PDD’s shall be minimum of two acres in size. All other PDD’s including mixed uses of residential/multifamily and other land uses, shall be minimum of ten (10) acres. A site plan showing building locations may be required for structures.

Height of structures.

According to following schedule:

Within 200' of PDD boundary - 35' all use districts.

Beyond 200' of PDD boundary - 60' “R1” residential dist.n [sic] 120' “MF” and less restrictive use districts.

Land use.

Existing land use within a 200' radius of the PDD boundary shall be shown on the PDD site plan to the extent of lot shapes and sizes, building bulk and specific use of the buildings.

Along PDD boundary:

If single- or two-family use and zoning, PDD should be compatible.

If multifamily use and zoning, PDD should be compatible.

If commercial use and zoning, PDD should be compatible.

If industrial use and zoning, PDD should be compatible.

If commercial uses are desired but no compatible uses or zoning exist on the PDD boundary, such nonresidential uses shall occur on the interior of the PDD with design and building materials compatible with PDD.

Nonresidential uses are limited to uses listed in “O,” “NS” “GR” use districts in residential-oriented PDD.

Maximum of five percent of gross land after dedications maybe used for nonresidential commercial purposes in residential-oriented PDD. If more than five percent of the gross acreage is desired for nonresidential use, a zoning change will be required to permit such increase.

Industrial uses:

Residential-oriented PDD cannot be located in areas designated for industrial use.