Section
Subdivision Regulations
158.01 Jurisdiction
158.02 Definitions
158.03 General provisions
158.04 Pre-application conference
158.05 Concept plan
158.06 Preliminary plat
158.07 Final plat
158.071
Amended plats
158.08 Procedure for short form subdivisions
158.09 Miscellaneous requirements
158.10 Local retail subdivisions
158.11 Adequate water for personal use; fire protection required
158.12 Sewer availability charge; sanitary sewer construction
158.13 Water availability charge
158.14 Right-of-way dedication
158.15 Street improvements and oversizing
158.16 Off-site access roadways
158.17 Sidewalk construction
158.18 Facilities agreement
158.19 Adoption of standards for design development
158.20 Street lighting
158.21 Street signs
158.22 Access; double frontage lots
158.23 Conversion of private streets to public streets
158.24 Trail public improvements
Tree Preservation
158.35 Purpose and intent
158.36 Scope
158.37 Definitions
158.38 Treescape plan
158.39 Treescape plan process
158.40 Tree removal permit
158.41 Tree replacement
158.42 Fee in lieu of tree replacement
158.43 Tree protection
158.44 Exemptions and exceptions
158.45 Qualified tree list
158.46 Prohibited actions relating to protected trees
158.47 Appeal of denial of tree removal permit
158.48 Stop-work order
Parkland Dedication and Development
158.55 Purpose
158.56 Definitions
158.57 Applicability
158.58 Requirements
158.59 Prior dedication or absence of prior dedication
158.60 Planning considerations
158.61 Special fund; right to refund
158.62 Parkland guidelines and requirements
158.63 Warranty required
SUBDIVISION REGULATIONS
All plats and subdivisions of land, including development plats, within the corporate limits of the city, and all plats and subdivisions of land, including development plats, outside the corporate limits of the city and within the extraterritorial jurisdiction of the of the city, and all land outside the corporate limits of the city that the City Council may annex, by petition or otherwise, shall conform to the rules and regulations of this chapter.
(2005 Code, § 13-1-1) (Ord. 900706A, passed 6-7-1990; Ord. passed 4-21-2005; Ord. 070607A, passed 6-7-2007)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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 and utility service access to the back or sides of properties otherwise abutting on a street.
BUILDING SETBACK LINE. The line on a plat delineating the nearest point to which buildings may be located to a street line, alley line or building lot line.
CITY MANAGER. The City Secretary, Administrator or other administrative officer who may be designated by the City Council to perform such functions.
COMMISSION. The Planning and Zoning Commission of the city.
DEAD END STREET. A street, other than a cul-de-sac, with only one outlet.
DEVELOPMENT PLAT. The map, drawings or chart pursuant to Tex. Local Gov’t. Code, § 212.045, as may be amended, where a plat under Tex. Local Gov’t. Code, § 212.004 may not be required. A DEVELOPMENT PLAT is required of any person who proposes the development of a tract of land that does not otherwise require a plat and shall be submitted for approval in accordance with the procedures established for final plat approval.
ENGINEER. A person duly authorized under the provisions of the Texas Engineering Registration Act, as heretofore or hereafter amended, to practice the profession of engineering, and when reference is made to City Engineer, the designation means either an engineer directly employed by the city or the city’s engineering consultants, as the case may be.
INSPECTOR. A person duly authorized by the City Manager who may be employed by the city or by the city’s engineering consultants, as the case may be, and designated to inspect any portion or all of the construction performed in the subdivision either on a part-time or full-time basis. His or her duties shall consist of inspecting all work during construction and/or after completion to determine compliance with the plans, specifications and subdivision regulations, with authority to stop the work during construction for non-completion, if the work is defective.
LOCAL RESIDENTIAL or MINOR STREET. A public thoroughfare which is intended primarily to serve as access to residential property within a neighborhood interior or limited residential district and is not aligned or located to attract other than limited local traffic movements.
LOT. An undivided tract or parcel of land having frontage on a public street and which is, or in the future, may be offered for sale, conveyance, transfer or improvement as a building site; which is designated as a distinct and separate tract.
MAJOR STREET. A principal traffic artery, more or less continuous across a major portion of the city, which is intended to connect remote parts of the city, or areas adjacent thereto, and which is designated on the major thoroughfare plan of the city as a major thoroughfare.
PLAT. The map, drawings or chart on which a subdivider’s plan is presented and which he submits for approval and intends to record in final form.
PROTECTED FLOOD PLAIN. Also referenced as the 100-year floodplain with fully developed conditions for the entire watershed. The area that is certified by a professional engineer to be within the 100-year floodplain, assuming build-out or fully developed conditions for the entire area within the relevant watershed.
REPLATTING (RESUBDIVISION). Replatting is the rearranging of any part of a block, street or alley of a previously platted subdivision.
SECONDARY STREET. A secondary street is one which is continuous through several districts and is intended as a connecting street between residential districts and a collector street providing access to major streets, business districts or places of employment.
STREET WIDTH. Street width is the shortest distance between the lines which delineate the right-of-way of the street.
SUBDIVIDER. Any person or 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 the owner, of the land sought to be subdivided.
SUBDIVISION. A division of any tract of land situated within the corporate limits, or within the extraterritorial jurisdiction of the city, into two or more parts of the purpose of laying out any subdivision of any tracts of land or any addition of any town or city, or for laying out suburban lots or building lots, or any lots, and streets, alleys or parts or other portions intended for public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto for the purpose, whether immediate or future, of creating building sites. SUBDIVISION includes resubdivision, but it does not include the division of land for agriculture purposes in parcels or tracts of five acres or more which do not involve the creation of any new street, alley or easement of access.
SURVEYOR. A licensed state land surveyor or a registered public surveyor as authorized by the state statutes to practice the profession of surveying.
(2005 Code, § 13-1-2) (Ord. 040701D, passed - -; Ord. passed 4-21-2005; Ord. 070607A, passed 6-7-2007)
(A) Approval required. It shall be unlawful for any owner of land to lay out, subdivide, plat, amend a plat or replat any land into lots, blocks and streets within the city, or within the extraterritorial jurisdiction of the city without approval as provided herein. It shall be unlawful for any such owner or agent to offer for sale or sell property therein or thereby, which has not been laid out, subdivided, platted or replatted with approval as provided herein.
(B) City improvements to be withheld until approval. The city hereby defines its policy to be that the city will withhold all city improvements of whatever nature, including the maintenance of streets and furnishing of sewerage facilities and water service from all additions and subdivisions, the platting of which has not been approved as provided herein.
(C) Street numbers and building permits to be withheld until approval. No street number and no building permit shall be issued for the erection of any building in the city on any piece of property other than the original or re-subdivided lot on a duly approved and recorded subdivision without the written approval as provided herein.
(D) Submitting plats and plans. All plats and plans shall be submitted to the Planning Director. The Planning Director shall prepare a calendar of submittal dates and a procedure for plat and plan submission. The developer or applicant shall only be permitted to submit plats or plans on the submittal dates established in the calendar and in the manner set forth by the Planning Director. Public improvement plans shall only be submitted in conjunction with a final plat submittal. Applications and other digital files submitted by the developer or applicant prior to a designated submittal date shall not be considered filed with the city until the next designated submittal date and shall not initiate the deadlines established in Tex. Local Gov’t. Code Ch. 212, as amended, until the next designated submittal date.
(2005 Code, § 13-1-3) (Ord. passed 4-21-2005; Ord. 070607A, passed 6-7-2007; Ord. 090901A, passed 9-1-2009; Ord. 230110C, passed 1-10-2023) Penalty, see § 10.99
(A) The applicant is encouraged to schedule an appointment and meet with the city staff to discuss the procedures for approval of a proposed plat and the requirements for a general layout of streets and/or reservations of land, street improvements, drainage, sewerage, fire protection and similar matters, as well as the general availability of existing services.
(B) A request for a pre-application conference shall be accompanied by a written statement that any proposed development concept discussed at the pre-application conference or submittal in accordance with § 158.05 below herein is not intended as a plan of development or application for plat approval.
(C) No other applications or plans for development will be presented, reviewed or accepted at the pre-application conference. A pre-application conference is optional and shall not be required as a standard of approval of the development application.
(2005 Code, § 13-1-4) (Ord. passed 4-21-2005; Ord. 050818, passed - -)
(A) It may be determined at the pre-application conference that an area development concept plan will be required prior to consideration of a preliminary plat. An area development concept plan may be required if the development of the subject area will affect the development pattern of adjacent land or if the subject area will be platted in stages. The approved area development concept plan shall be used as a guide in approving future subdivisions in the defined area.
(B) The area development concept plan, when required, shall be submitted along with a completed application/check list form. Eight copies of the plan drawn at scale of not less than 400 feet to the inch will be required. If more detailed contour information is not available, the USGS map contours may be used for concept planning purposes in most cases. The area development concept plan shall include all land determined to be affected by the development pattern of the subject area. The area development concept plan shall contain or have attached thereto:
(1) Names and addresses of the subdividers, record owner, land planer, engineer and/or surveyor;
(2) Proposed name of the subdivision;
(3) Location in relation to rest of the city and boundaries of proposed subdivision;
(4) A schematic layout of the entire tract and its relationship to adjacent property and existing adjoining development;
(5) Proposed major categories of land use showing existing and proposed zoning;
(6) Proposed number of dwelling units and population densities;
(7) Proposed and existing arterials and collector streets to serve general area;
(8) Location of sites for parks, schools and other public uses as shown in the comprehensive plan; and
(9) Significant natural drainage features including drainage courses and wooded areas, as delineated on USGS topographic maps or any other topographic maps showing equivalent information.
(2005 Code, § 13-1-5) (Ord. passed 4-21-2005)
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