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(A) Utility easements. Utility easements across lots, or centered on rear or side lot lines, shall be provided for utilities where necessary, and shall be a minimum of 20 feet in width. Utility easements adjacent to public streets shall be a minimum of ten feet in width.
(B) Storm or drainage easement. Where a subdivision is traversed by a watercourse, drainage way, channel or street there shall be provided a drainage easement or drainage right-of-way conforming substantially with the course and of additional width as may be designated by the Public Works Director, and which will be reasonably adequate for the purpose. Parallel streets or parkways may be required in connection with this easement.
(C) Exclusion of easement in computing lot area. The lot area shall be computed exclusive of all easements except easements for public utilities.
(Ord. 11-5-98, passed 11-5-1998)
Sanitary sewers, storm drainage, water mains and street improvements, along with all appurtenances pertaining to the above and facilities of other agencies as may be required, shall be constructed and installed by the subdivider in each new subdivision in accordance with the current official standards of the city.
(A) Proposed development corporate limits. All proposed subdivisions located inside the corporate limits of the city shall connect to the water and sewer utilities at the developer’s expense. Where the sewage collection system or the water distribution system does not abut the proposed development the subdivider shall be required to pay for and extend such services as required to serve the proposed development.
(B) Utilities extension not feasible. Where the sewage collection system or the water distribution system does not abut the proposed development and the extension of the service is not feasible or would pose an economic hardship, the developer shall be required to furnish with his or her final plat satisfactory evidence, including (but without limitation) the results of soil tests and borings and statements from local and state health authorities, sanitarians, engineers and other proper officials, that water satisfactory for human consumption may be obtained from surface or sub-surface water sources on the land and that soil conditions are such that satisfactory sewage disposal can be provided through the use of approved sewage treatment systems.
(C) Restrictions for permit. No building permit, nor any water, sewer, plumbing or electrical permit shall be issued by the city to the owners or any other person with respect to any property in any subdivision covered by this subchapter until:
(1) Such time as the developer and/or owner has complied with the requirements of this subchapter and the approved final plat regarding improvements with respect to the block facing the street and/or streets on which the property abuts, including the installation of streets, drainage and water and sewer utilities, all according to the requirements of the city; or
(2) The developer and/or owner files a corporate surety bond with the City Secretary in a sum equal to the cost of the improvements for the designated area, guaranteeing the installation thereof within the time stated in the bond, which time shall be fixed by the Public Works Director.
(D) Extra-territorial jurisdiction.
(1) In the extra-territorial jurisdiction, no city water or sewer utilities shall be extended to the development until all sections of this subchapter, applicable to subdivisions, have been complied with.
(2) Where the developer/owner refuses to comply with the applicable regulations of this subchapter, the Public Works Director of the city shall file action in District Court seeking to restrain the developer/owner from violating the applicable provisions of this subchapter, as permitted by the Texas Local Government Code.
(Ord. 11-5-98, passed 11-5-1998)
(A) Fees associated with the filing, approval and issuance of permits under this chapter shall be assessed and collected in amounts and calculations as set by City Council and maintained in the city's master fee schedule.
(B) No action of the City Council under this chapter shall be valid or effective until the fees assessed under this section have been paid in full. And no building permit will be issued by the city until all fees assessed under this section have been paid in full.
(Ord. 05-19-2020-MASTER, passed 5-19-2020)
(A) Within the corporate limits of the city, street signs will be furnished and installed at each intersection by the city at the expense of the subdivider.
(B) The subdivider shall pay the city the current standard charge for the cost of materials and installation of each street sign. In subdivisions lying beyond the corporate limits of the city, street name signs shall be placed by the subdivider at all intersections within or abutting the subdivision.
(C) Those signs shall be of the type approved by the city and shall be installed in accordance with the standards of the city.
(D) The developer shall pay such sums as computed by the Public Works Director for street signs, as set out herein, at the time at which the developer submits the final plat for approval, and this sum shall be in addition to the filing fee set forth hereinabove.
(Ord. 11-5-98, passed 11-5-1998)
(A) The City Council may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Council shall prescribe only conditions that it deems necessary or desirable to the public interest in making the findings herein below required. The Council shall take into account the nature of the proposed usage of land involved, the existing usage of the land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of the variances upon traffic conditions and upon the public health, safety, convenience and welfare of individuals in the vicinity. No variance will be granted unless the Council finds the following:
(1) There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this subchapter would deprive the applicant of the reasonable use of his or her land;
(2) The variances are necessary for the preservation and enjoyment of a substantial property right of the applicant, and that the granting of the variance will not be detrimental to the public health, safety or welfare of individuals, or injurious to other properties in the area;
(3) The granting of the variance will not have the effect of preventing the orderly subdivision of other lands in the area in accordance with the provisions of this subchapter; and
(4) The Council may not authorize a variance that would constitute a violation of any other valid ordinance of the city.
(B) These findings of the Council, together with the specific facts upon which such findings are based, shall be incorporated in the official minutes of the Council meeting at which the variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this subchapter so that the general health, safety and welfare of citizens may be secured, and substantial justice be done. Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship.
(Ord. 11-5-98, passed 11-5-1998)
Plats or subdivisions which have received preliminary approval by the Council within one year prior to the effective date of this subchapter shall be excepted from the requirements of this subchapter; provided that the final plat of the subdivision is approved and filed for record within 180 days after the effective date of this subchapter, or within one year after the approval date of the preliminary plat, whichever is greater.
(Ord. 11-5-98, passed 11-5-1998)
SEXUALLY ORIENTED BUSINESSES
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