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Heath, TX Code of Ordinances
CITY OF HEATH, TEXAS CODE OF ORDINANCES
ADOPTING ORDINANCE
CHARTER
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 158.071 AMENDED PLATS.
   (A)   Amended plats shall be submitted to the Planning Director as set forth in § 158.03(D). Pursuant to Tex. Local Gov’t. Code § 212.0065, the City Engineer or designee is delegated the authority to review and approve amended plats as described in Tex. Local Gov’t Code. § 212.016(a)(1) - (9).
   (B)   (1)   Any amending of any existing subdivision or any part thereof shall meet the requirements provided for herein for a new subdivision, with the exception of certificates.
      (2)   The following certificates shall be placed on the amending plat, in a manner that will allow the filling-in of the certificates by the proper party.
         (a)   Approved:
                                                                             
            City Engineer or designee      Date
            City of Heath, Texas
         (b)   I hereby certify that the above and foregoing Amending Plat of ______________ Addition to the City of Heath, Texas, was approved by the City Engineer or designee of the City of Heath on the ________ day of __________, _____.
         (c)   This approval shall be invalid unless the approved Amending Plat for the Addition is recorded in the office of the County Clerk of ____________________, Texas, within 365 days from the date of final approval. An extension may be granted by the City Engineer or designee.
         (d)   The Amending Plat shall be subject to all the requirements of the Subdivision Ordinance of the City of Heath.
            Witness my hand this the ____ day of ______________, _______.
            __________________________
            City Secretary
            City of Heath, Texas
(Ord. 090901A, passed 9-1-2009; Ord. 130924C, passed 9-24-2013; Ord. 230110C, passed 1-10-2023)
§ 158.08 PROCEDURE FOR SHORT FORM SUBDIVISIONS.
   (A)   Any subdivision or replat thereof which may be determined to fall within the following criteria may be termed a short form subdivision and may be approved following the abbreviated procedures set forth herein to include review and approval by administrative staff. Short form plats shall be submitted to the Planning Director as set forth in § 158.03(D).
      (1)   The land in question shall be bounded by legally dedicated streets, railroads and alleys or by legally subdivided land and shall not exceed five acres.
      (2)   The subdivision or use of the land subdivided shall not necessitate any appreciable alteration of utility installations, streets, alleys or building setback lines.
      (3)   The tracts so subdivided shall conform in size and shape to the lots in the vicinity.
   (B)   All design, engineering, improvements and drawing information standards provided in these regulations applicable to all subdivisions shall be applicable to the short form subdivisions.
   (C)   The short form subdivision shall be submitted for approval in accordance with the procedure established for a final plat approval.
(2005 Code, § 13-1-8) (Ord. passed 4-21-2005; Ord. 230110C, passed 1-10-2023)
§ 158.09 MISCELLANEOUS REQUIREMENTS.
   (A)   Water and sewer and other utilities.
      (1)   The owner and/or developer of the subdivision or addition shall complete a written agreement with the city, covering the installation of necessary water and sewer facilities to properly serve the immediate development proposed in accordance with the existing water and sewer extension ordinance.
      (2)   No water and/or sewer connection shall be made by the city or other entity until the requirements as to the installation of water and sewer mains have been complied with in the block facing the street on which the property is situated and accepted by the city.
      (3)   As built plans will be required at the end of the job showing the actual location of all improvements. All power and telephone service shall be underground. No overhead service will be allowed without special permission being given by the City Council.
   (B)   Approach water main.
      (1)   In a proposed subdivision where city water is not available but is accessible, the subdivider shall provide at his or her expense an approach water main of size sufficient to serve his or her subdivision or of a size shown in the water distribution plan, whichever is larger.
      (2)   The plans, specifications and all constructions shall be subject to the approval of the city’s engineer, and the entire distribution system shall be adequate for service when the city water supply is available.
   (C)   Approach sewer line.
      (1)   In a proposed subdivision where public sanitary sewers are not available but are accessible, the subdivider shall provide at his or her expense an approach sewer line of sufficient size to serve his or her subdivision including any necessary lift stations, or of the size shown in the sewer collection plan or required by the city engineer for future expansion, whichever is larger.
      (2)   If public sanitary sewers are not accessible, the subdivider may be required to install the complete sanitary sewer system to conform with future plans for connection with the public sanitary sewer in which case he or she shall install the necessary sewage treatment facilities for use until such time when the connection is made in the city sanitary sewer system.
      (3)   Where the installation of sanitary sewers is not required the size of the subdivided lots shall be a minimum of one acre in size for individual disposal facilities, including the necessary lateral lines and builder shall install individual disposal devices for each lot at the same time improvements are erected thereon.
      (4)   Any such individual sewage disposal system shall be constructed in accordance with the state health department specifications and subject to the approval of the City Engineer and the City Council.
   (D)   Guarantee for construction or maintenance of streets. Approval of the plat shall not impose any duty upon the city concerning the maintenance of improvements of any such dedicated parts until the proper authorities of the city shall have made acceptance by letter and maintenance bond provided to the city for one year with an option of two years if the city feels the need to protect the city from undue hardship.
   (E)   Replatting. Any replatting of any existing subdivision or any part thereof shall meet the requirements provided for herein for a new subdivision.
   (F)   Reserve strips controlling access to public ways or adjoining properties not permitted. No subdivision or addition showing reserve strips of land controlling the access to public ways or adjoining properties will be approved.
   (G)   Owner’s duty to provide pro rata portion of boundary streets. Where plats are presented for approval which adjoin unplatted property, the owner or developer of the proposed subdivision shall provide his or her pro rata part of the boundary streets.
   (H)   Recording required. The final approval of a final plat of a subdivision shall be invalid unless the approved plat of the subdivision is recorded in the office of the County Clerk within 120 days after the date of its final approval by the Planning and Zoning Commission.
   (I)   Building permits; utility connections. No building permit nor any water, sewer, plumbing or electrical connections shall be issued by the city to the owner or any other person with respect to any property in any subdivision covered by this chapter until:
      (1)   Such time as the developer and/or owner has complied with the requirements of this chapter and the 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 with proper base and paving, curb and gutter, alleys, water and sewer services and drain facilities where necessary, all according to the specifications of the city; or
      (2)   Until the developer and/or owner files a corporate surety bond with the city 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 city.
   (J)   Lot markers. Lot markers shall be one-half-inch reinforcing bar, 18 inches long, or approved equal, and shall be placed at all corners flush with the ground, or countersunk if necessary to avoid being disturbed.
(2005 Code, § 13-1-9) (Ord. passed 4-21-2005)
§ 158.10 LOCAL RETAIL SUBDIVISIONS.
   (A)   All local retail subdivisions shall be processed for approval in the same manner as provided for a residential subdivision, except that no individual lots need to be shown on the plat and only streets, blocks, easements and minimum building lines need be indicated.
   (B)   The minimum right-of-way width of a minor street in a local retail subdivision shall be 60 feet, and all other streets shall conform to the standards for major and secondary streets prescribed by the major thoroughfare plan.
   (C)   Overhead power and telephone service will not be allowed in this type of subdivision.
(2005 Code, § 13-1-10) (Ord. passed 4-21-2005)
§ 158.11 ADEQUATE WATER FOR PERSONAL USE; FIRE PROTECTION REQUIRED.
   (A)   It shall be the policy of the city to ensure that all future subdivisions within the city shall be provided with water in sufficient volume and pressure for domestic use and fire protection.
   (B)   It shall be the policy of the city to withhold issuing building permits until all streets, water, sewer and storm drainage systems have been accepted by the city.
   (C)   The approval of a plat by the city does not constitute any representation, assurance or guarantee that any building within the plat shall be approved, authorized or permit therefor issued, nor shall the approval constitute any representation, assurance or guarantee by the city of the adequacy and availability of water for personal use and fire protection within the plat.
(2005 Code, § 13-1-11) (Ord. passed 4-21-2005)
§ 158.12 SEWER AVAILABILITY CHARGE; SANITARY SEWER CONSTRUCTION.
   (A)   (1)   Prior to the issuance of any permit for the construction of on-site improvements in any development, there shall be paid by the developer a sewer availability charge for each family dwelling unit to be constructed on the tract of land to be developed. This excludes developments where each lot requires its own septic or similar system.
      (2)   Prior to the issuance of any building permit, in any residential development, there shall be paid by the developer, or builder, a sewer availability charge for each family dwelling unit to be constructed.
      (3)   The amount of such charges shall from time to time be established be resolution of the City Council.
   (B)   (1)   Sanitary sewer mains and services shall be constructed in accordance with city standards and specifications at the time the property is developed regardless of sewer availability.
      (2)   If, at the time the property is platted, it is determined not to be feasible to design said sewage collection system as required by this division (B), the developer and the city shall enter into a developer’s agreement to provide for payment into escrow or by other appropriate means, of the estimated cost of the sanitary sewer collection system, plus engineering design costs.
(2005 Code, § 13-1-12) (Ord. 950504A, passed - -; Ord. passed 4-21-2005)
§ 158.13 WATER AVAILABILITY CHARGE.
   (A)   Prior to the issuance of any permit for the construction of on-site improvement in any develop, there shall be paid by the developer a water availability charge for each family dwelling unit to be constructed on the tract of land to be developed. This excludes areas where water is furnished by a private carrier.
   (B)   The amount of the charges shall from time to time be established by resolution of the City Council.
(2005 Code, § 13-1-13) (Ord. passed 4-21-2005)
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