O69-02ORDINANCE NO. Z-
AN ORDINANCE OUTLINING AND GOVERNING THE PROCEDURE FOR THE PRESENTATION
AND GAINING APPROVAL OF SUBDIVISION PLATS, CONTAINING DEFINITIONS OF
TERMS; PRESCRIBING THE SCOPE OF ACTIVITIES GOVERNED THEREBY; SETTING
FORTH. THE PROCEDURES INCIDENT TO A GENERAL DEVELOPMENT PLAN; PROCEDURES
WITH REGARD TO PRELIMINARY APPROVAL AND FINAL PLAT; THE FULL PROCEDURE
INCIDENT TO THE FILING OF A PLAT AND ALL EXHIBITS AND ATTACHMENTS
REQUISITE THERETO; THE PROCESSING OF FINAL PLAT; THE FEE INCIDENT TO
SUCH A FILING; PRESCRIBING THE GENERAL LAYOUT REQUIREMENTS; PROVIDING FOR
THE PLANNING COMMISSION AND PLANNING BOARD TO MAKE ITS OWN RULES OF
PROCEDURE, PROVIDING FOR APPEAL TO THE CITY COUNCIL; GIVING TO THE PLAN-
NING BOARD OR COMMISSION THE RIGHT TO GRANT VARIANCES UNDER CERTAIN
SPECIFIC CIRCUMSTANCES; CONTAINING A SEVERABILITY CLAUSE, A PENALTY
CLAUSE AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS:
SECTION 1. Authority
This Ordinance is adopted under the authority of the Construction and laws of
the State of Texas, including particularly Chapters 231, Acts of the 40th Legislature,
Regular Session, 1927, as heretofore or hereafter amended (compiled as Article 974a,
V.T.C.S.), and the provisions of Section 4 of the Municipal Annexation Act as hereto-
fore or hereafter amended (compiled as Article 970a, V.T.C.S.).
SECTION 2. Purpose
The purpose of this Ordinance is to provide for the orderly, safe and healthful
development of the area within the City and within the area surrounding the City and
to promote the health, safety, morals and general welfare of the community.
SECTION 3. Scope
All land subdivided or platted into lots, blocks and streets within the City of
Kennedale, Texas, or within one (1) mile of the corporate limits thereof shall comply
in full with the requirements of this Ordinance.
SECTION 4. Definitions
The following words and phrases when used in this ordinance have the meaning
respectively ascribed to them in this section unless a different meaning is plainly
required by the context in which they are used:
A. 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.
B. Building Line: The line within a property defining the minimum horizontal
distance between a building and the adjacent street line.
C. City: The City of Kennedale, Texas.
`--, D. City Administrator: The person duly approved by the City Council and
charged with the responsibility of administering the City's various departments..
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E. Commission: The Planning and Zoning Commission of the City.
F. Cul-de-sae: A street having but one outlet to another street, and
terminated on the opposite end by a vehicular turb-around.
G. Dead-end Street: A street, other than a cul-de-sac, with only one outlet.
H. 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.
I. Lot: An individual 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; which is designated as a distinct and separate tract, and which is identi-
fied by a tract or lot number or symbol in a duly approved subdivision plat which has
been properly filed on record.
J. Pavement Width: The portion of a street available for vehicular traffic;
where curbs are laid, it is the portion between the face of curbs.
K. Person: Any individual, association, firm, corporation, governmental
agency, or political subdivision.
L. Plat: The map, drawing or chart on which is presented a subdivision
which is submitted for approval and is intended to be recorded in final form.
M. Shall, May: The word "shall" is always mandatory. The word "may" is
merely directory.
N. Street: A public right-of-way, however designated, which provides
vehicular access to adjacent land. See Exhibit 1 - SUBDIVISION STREET TYPES.
1. An "arterial street" or "thoroughfare" primarily provides vehicular
circulation to various sections of the City.
2. A "collector street" primarily provides circulation within neighbor-
hoods, to carry traffic from local streets to arterial streets, or to carry
traffic through or adjacent to commercial or industrial areas.
3. A "marginal access street" is a street which is parallel to and
adjacent to an arterial street, which primarily provides access to abutting
properties and protection from through traffic,
4. A "local street" is one used primarily for access to abutting
residential property.
0. 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 sub-
divided.
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MARGINAL ACCESS STREET
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EXH IB I T 1 SUBDIVISION STREET TYPES
P. Subdivision: A division of any tract of land situated within the corporate
limits, or within one (1) mile of such limit, in two or more parts for'.the purpose of
laying out any subdivision of any tract 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, Subdivision includes re -subdivision, but
14 does not include the division of land for agricultural purposes in parcels or tracts
of five acres or more and not involving any new street, alley or easement of access.
Q•
Surveyor: A licensed State Land Surveyor or a Registered Public Surveyor,
as authorized by the State statutes to practice the profession of surveying.
R. Utility Easement: An interest in land granted to the City, to the public
generally, and/or to a private utility corporation, for installing or maintaining
utilities across, over or under private land, together with the right to enter thereon
with machinery and vehicles necessary for the maintenance of said utilities.
S. Any office referred to in this Ordinance by title means the person employed
or appointed by the City in that position, or his duly authorized representative.
T. Definitions not expressly prescribed herein are to be construed in accord-
ance with customary usage in municipal planning and engineering practices.
SECTION 5. Special Provisions
A. No permit shall be issued by the City for the installation of septic tanks
upon any lot in a subdivision for which a final plat has not been approved and filed for
record, or upon any lot in a subdivision in which the standards contained herein or
referred to herein have not been complied with in full. '
B. No building, repair, plumbing or electrical permit 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 for record, nor for any structure on a lot within a subdivision in
which the standards contained herein or referred to herein have not been complied with
in full.
C. No application for a building permit shall be considered for approval by
any City official until the developer has entered into an agreement providing for the
installation of water, sewer, streets, paving, curbs, gutters, utilities, and drainage
facilities in that subdivision in accordance with such provisions and standards of the
City. Assurances of such installations within a set time limit will be provided by the
making of a cash or corporate surety bond or depositing money in escrow as provided by
City development policies.
D. The City shall not repair, maintain, install or provide any streets or
public utility services in any subdivision for which a final plat has not been approved
and filed for record, nor in which the standards contained herein or referred to herein
have not been complied with in full.
E. The City shall not sell or supply any water, gas, electricity, or sewerage
service within a subdivision for which a final plat has not been approved or filed for
record, nor in which the standards contained herein or referred to herein have not been
complied with in full.
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SECTION_6. Variances
The Planning Commission may authorize a variance from these regulations when,
in its opinion, undue hardship will result from requiring strict compliance. In grant-
ing a variance, the Commission shall prescribe only conditions that it deems necessary
to or desirable in the public interest. In making the findings hereinbelow required,
the Commission shall tkke into account the nature of the proposed use of the land
involved, existing uses of land in the vicinity, the number of persons who will reside
or work in the proposed subdivision, and the probable effect of such variance upon
traffic conditions and upon the public health, safety, convenience and welfare in the
vicinity. No variance shall be granted unless the Commission finds:
A. That there are special circumstances or conditions affecting the land
involved such that the strict application of the provisions of this Ordinance would
deprive the applicant of the reasonable use of his land; and
B. That the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant; and
C. 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; and
D. That the granting of the variance will not have the effect of preventing
the orderly subdivision of other land in the area in accordance with the provisions of
this Ordinance. Such findings of the Commission, together with the specific facts upon
which such findings are based, shall be incorporated into the official minutes of the
Commission meeting at which such variance is granted. Variances may be granted only
when in harmony with the general purpose and intent of this Ordinance so that the public
healthy: safety and welfare may be secured and substantial justice done. Pecuniary hard-
ship to the subdivider, standing alone, shall not be deemed to constitute undue hardship.
SECTION 7. Preliminary Conference
Prior to the official filing of a preliminary plat, the subdivider should consult
with and present a proposed plan of subdivision to the Giitysa-t --Admin tro-r for comments e>:,_.
and advice on the procedures, specifications, and standards required by the City for
the subdivision of land.
SECTION 8. Preliminary Plat
A. General: The subdivider shall cause to be prepared a preliminary plat by
a surveyor or engineer in accordance with this Ordinance.
B. Time for Filing and Copies Required: The subdivider shall file six (6)
blue or black line copies of the plat, together with the original, with the Commission
at least fifteen (15) days prior to the date at which formal application for the
preliminary plat approval is made to the Commission.
C. Formal Application: Formal application for preliminary plat approval
shall be made by the subdivider in writing to the Commission at an official meeting.
D. Form and Content: The plat shall,be'drawn to a scale of 100 feet to one
inch, or larger.. When more than one sheet is necessary to accommodate the entire area,
an index sheet showing the entire subdivision at an appropriate scale shall be attachel
to the plat. The plat shall show the following:
1. Names and addresses of the subdivider, record owner, engineer
and/or surveyor.
2. Proposed name of the subdivision, which shall not have the same
spelling as or be pronounced similar to the name of any other subdivision
located within the City or its extra territorial jurisdiction.
3.
parcels of
properties
Names of contiguous subdivisions and the owners of contiguous
unsubdivided land, and an indication of whether or not contiguous
are platted.
4. Description, by metes and bounds, of the subdivision.
5. Primary control points or descriptions, and ties to such control
points to which all dimensions, angles, bearings, block numbers and similar
data shall be referred.
6. Subdivision boundary lines, indicated by heavy lines, and the
computed acreage of the subdivision.
7. Existing sites as follows:
a. The exact location, dimensions, name and description of all
existing or recorded streets, alleys, reservations, easements or other
public rights -of -way within the subdivision, intersecting or contiguous
with its boundaries or forming such boundaries.
b. The exact location, dimensions, description and name of all
existing or recorded residential lots, parks, public areas, permanent
structures and other sites within or contiguous with the subdivision.
c. The exact location, dimensions, description, and flow line of
existing water courses and drainage structures within the subdivision
or on contiguous tracts.
8. The exact location, dimensions, description and name of all proposed
streets, alleys, drainage structures, parks, other public areas, reservations,
easements or other rights -of -way, blocks, lots and other sites within the
subdivision.
9. Date of preparation, scale of plat and north arrow.
10. Topographical information shall include contour lines on a basis of
five (5) vertical feet in terrain with a slope of 2 percent or more, and on a
basis of two (2) vertical feet in terrain with a slope of less than 2 percent.
11. A number or letter to identify each lot or site and each block.
12. Front building setback lines on all lots and sites, Side yard
building setback lines at street intersections and crosswalk ways.
13. Location of City Limits line, the outer border of the City's extra-
territorial jurisdiction, and zoning district boundaries, if they traverse the
subdivision, form part of the boundary of the subdivision, or are contiguous to
such boundary.
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14. Vicinity sketch or map at a small scale which shall show existing
subdivisions, streets, easements, rights -of -way, parks and public facilities
in the vicinity, the general drainage plan and ultimate destination of water,
and possible storm sewer, water, gas, electric and sanitary sewer connections
by arrows.
15. When the subdivision is a portion of a tract later to be developed
in its entirety, a general development plan of the entire subdivision, showing
a schematic layout of the entire tract, shall be submitted with the preliminary
plan of the portion first to be subdivided.
16. If there is no adjacent subdivisions then a map on a small scale
must be presented to show the nearest subdivision in all directions, and how
the streets, alleys, or highways in the subdivision submitted may connect with
those in the nearest subdivision.
E. Processing of Preliminary Plat:
67/ 1. The C-i-t-y___Aana-n-ia-t-ra-ter shall check the preliminary plat as to its
rconformity with the master plan, major street plan, land use plan, zoning
districts and the standards and specifications set forth herein or referred to
herein.
2. Within thirty (30) days after the preliminary plat is formally filed,
the Commission shall conditionally approve or disapprove such plat or condition-
ally approve it with modifications. If it is conditionally disapproved or
conditionally approved with modifications, the Commission shall inform the sub-
divider, in writing, of the reasons at the time such action is taken.
3, Conditional approval of a preliminary plat by the Commission shall
be deemed an expression of approval of the layout submitted on the preliminary
plat as a guide to the installation of streets, water, sewer or other required
improvements and utilities and to the preparation of the final or record plat.
Conditional approval of a preliminary plat shall not constitute automatic approval
of the final plat.
4. Conditional approval of a preliminary plat shall be effective for
eighteen (18) months unless reviewed by the Commission in the light of new or
significant information which would necessitate a revision of the preliminary
plat. If the Commission should deem changes in a preliminary plat as necessary,
it shall so inform, in writing, the subdivider.
5. If no development has occurred which would affect the proposed plat,
after eighteen (18) months of effective approval the Commission may, upon the
application of the subdivider, extend the approval six (6) months.
SECTION 9. Ftnal Plat
A. Form and Content:
1. The final plat and accompanying data shall conform to the preliminary
plat as conditionally approved by the Commission incorporating any and all
changes, modifications, alterations, corrections and conditions imposed by the
Commission.
2. The final plat shall be drawn at a scale of 100 feet to one (1) inch,
or larger. Where more than one sheet is necessary to accommodate the entire area,
an index sheet showing the entire subdivision at an appropriate scale shall be
attached to the plat.
3. The final plat shall be submitted in six (6) copies plus the original
drawing or a mylar reproducible, and shall contain all of the features required
for preliminary plats in Section 8 above, and it shall be accompanied by site
improvement data bearing the seal of an engineer and detailed cost estimates.
4. The final plat and the accompanying site improvement data and de-
tailed cost estimates shall be approved by the City Administrator.
5. In addition to the various requirements for the preliminary plat,
the final plat shall also include the following:
a. The exact location, dimensions, name and description of all
existing or recorded streets, alleys, reservations, easements, or other
public rights -of -way within the subdivision, intersecting or contiguous
with its boundary or forming such boundary, with accurate dimensions,
bearing or deflecting angles and radii, area, and central angle, degree
of curvature, tangent distance and length of all curves where appropriate.
b. The exact location, dimensions, description and name of all
proposed streets, alleys, drainage structures, parks, other public areas,
reservations, easements or other rights -of -way, blocks, lots, and other
sites within the subdivision with accurate dimensions, bearing or de-
flecting angles and radii, area, and central angles, degree of curvature,
tangent distance and length of all curves where appropriate.
c. The exact location of all permanent monuments and control points.
d. Restrictive covenants imposed on the property by the subdivider.
6. When filed, the final plat shall be accompanied by the following site
improvement data. All plans and engineering calculations shall bear the seal and
signature of an engineer.
a. Streets, Alleys, Sidewalks, Crosswalk Ways & Monuments: Four (4)
copies of plans and profiles of all streets, alleys, sidewalks, crosswalk
ways, and monuments, and four (4) copies of detailed cost estimates.
b. Sanitary Sewers:
(1) Two copies of the proposed plat, showing five foot contours
and the location and dimensions of proposed and existing sanitary
sewer lines.
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(2) Copies of plans and profiles of proposed sanitary sewer
lines indicating depths and grade of line.
(3) When a separate sewer system or treatment plant is proposed;
two (2) copies of proposed plans and specifications.
(4) Three (3) copies of detailed cost estimates.
o. Water Lines:
(1) Two (2) copies of the proposed plat showing five foot
contours and the location and size of all proposed and existing
water lines and fire hydrants.
(2) Two (2) copies of plans and profiles of all proposed water
lines and fire hydrants, showing depths and grades of the lines.
(3) When a separate water system is planned, or when connection
to a water system other than to the. City Water System, two (2) copies
of the plans including fire hydrants, of the proposed system.
(4) Three (3). copies of detailed cost estimates.
d. Storm Drainage:
(1) Two (2) copies of the proposed plat, indicating five foot
contours. All street widths and grades shall be indicated on the
plat, and runoff figures shall be indicated on the outlet and inlet
side of all drainage ditches and storm sewers, and at all points in
the street at changes of grade or where the water enters another
street or storm sewer or drainage ditch. Drainage easements shall be
indicated.
(2) A general location map of the subdivision showing the entire
watershed (A U.S.G.S. Quadrangle is satisfactory).
(3) Calculations showing the anticipated storm water flow, in-
cluding watershed area, percent runoff, and time of concentration.
When a drainage ditch or storm sewer is proposed calculations shall
be submitted showing basis for design,
(4) When a drainage channel or storm sewer is proposed, complete
plans, profiles, and specifications shall be submitted showing com-
plete construction details.
(5) When conditions upstream or downstream from a proposed
channel or storm sewer do not permit maximum design, flow, high
water marks based on a twenty-five year frequency, shall be indicated
based on existing conditions.
(6) Three (3) copies of detailed cost estimates.
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e. Street Lighting:
(1) Two (2) copies of the proposed plat showing the location
and type of all proposed and existing street lighting.
(2) Three (3) copies of detailed cost estimates.
7. The final plat shall also include the following:
a. A statement signed and acknowledged by the owner dedicating all
streets, alleys, easements, parks and other open spaces to public use,
or when the subdivider has made provisions for perpetual maintenance
thereof to the inhabitants of the subdivision.
b. A certificate of approval from the City Administrator on
plans and specifications for paving and drainage.
c. A certificate from the City Administrator approving the
plan for water and sewer.
d. A certificate of approval to be signed by the Planning Commission,
the Mayor, and City Secretary (may be shown on plat).
e. Certification of the surveyor responsible for surveying the
subdivision area, attesting to its accuracy.
f. A certificate by the engineer responsible for the preparation of
the final plat and supporting data, attesting to its accuracy.
B. Processing of Final Plat:
1. If desired by the subdivider and approved by the Commission, the
FINAL plat may constitute only that portion of the approved preliminary p lat
which he proposes to record and develop. However, such portion shall conform
to all the requirements of this Ordinance.
2. No final plat will be considered unless a preliminary plat has been
submitted. However, if an approved plat has been duly recorded and the sub"';
divider wishes to increase the size of the lots by combining two or more 1vs_
or by combining one lot with a portion of the adjacent lot in such manneic that
no portion.of a lot remains smaller than the original lots, no prelimina lcY plat
will be necessary.
3. A final plat of an approved preliminary plat or a portion thereof
shall be submitted to the Commission within eighteen (18) months of the date of
approval of preliminary plat, otherwise the approval of the Commission small
become null and void, unless an extension of tiny is applied for and grarited
by the Commission.
4. Within thirty (30) days of the date of filing the plat the G401rmnission
will approve or disapprove the plat. If approved the plat shall be forwarded to
the City Council who will be required to approve all plats, and whose ac t ion
will be final regardless of action taken by the Commission.
5. After approval the Gity-„Adminlatrator shall cause said plat
filed for record in the plat records at the office of the County Clerk.
to be
SECTION 10. Fees _
The following schedule of fees shall be paid upon submission of plats for con-
sideration to the City. All fees shall be paid when specified below and shall not be
refundable regardless of action taken by the Commission or the City Council. No action
by the Commission shall be valid until such fees are paid.
paid
A. Preliminary Plats: $20.00 per plat plus $1.50 per lot. Fee shall be
upon submission of plat to City Administrator.
B. Final Plats: $30.00 per plat plus $2.00 per lot. Fee shall be paid
upon submission of plat to City Administrator.
C. Multiple Dwelling Areas, Commercial, or Industrial Areas not subdivided
into lots: $7.00 per acre for preliminary plat and $7.00 per acre for final plat.
Fee shall be paid upon submission of preliminary plat and final plat to City Administrator.
SECTION 11. Standards and Specifications
No preliminary or final plat shall be approved by the Commission,and no com-
pleted improvements shall be accepted by the Director of Public Works unless they con-
form to the following standards and specifications:
A. General:
1. Conformity with comprehensive plan: The subdivision shall conform
to the comprehensive plan of the City and the parts thereof.
2. Provision for future subdivision: If a tract is subdiV:ded'.::in:to
parcels larger than ordinary building lots, such parcels shall be arranged to
allow the opening of future streets.
3. Reserve strips prohibited: There shall be no reserve strips con-
trolling access to land dedicated or intended to be dedicated to public use.
4. Access to lots: Each lot shall abut on a dedicated public street.
B. Streets:
1. 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 comprehensive plan of the City 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 development of the entire neighborhood.
2. Relation to adjoining street system: Where necessary to the neighbor-
hood pattern, existing streets in adjoining areas shall be continued, and shall be
at least as wide as such existing streets and in alignment therewith.
3. Projection of streets: Where adjoining areas are not subdivided,
the arrangement of streets in the subdivisionshall make provision for the proper
projection of streets into such ugsubdivided areas.
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4. Street jogs: Whenever possible, street jogs with center line offsets
of less than 125 feet shall be avoided.
5. Boundary Streets: When the land proposed to be subdivided is partially
or totally bounded on one or more sides by a street way or thoroughfare having a
width of less than that specified in this section, such land shall be laid out so
as to provide street widths specified herein. A half street along adjoining
property which has not been subdivided may be shown on the general development
plan of an entire subdivision, but no lots abutting upon such half street shall
be included in the subdivisions as approved.
6. Street Intersections: Street intersections shall be as nearly at
right angles as practicable, giving due regard to terrain and topography. When
intersecting angles less than $O degrees are deemed necessary by the Commission
the property line in the small angle of the intersection shall be rounded so as
to permit the construction of curbs having a radius of not less than 25 feet
without decreasing the normal width of the sidewalk area.
7. Dead-end Streets: Dead-end streets shall be prohibited except as
short stubs to permit future expansion.
8. Cul-de-sacs: In general, cul-de-sacs shall not exceed 600 feet in
length, and shall have turnaround of not less than 100 feet in diameter in
residential areas, and not less than 200 feet in diameter in commercial and
industrial areas.
9. Marginal Access Streets: Where a subdivision has frontage on an
arterial street, there shall be provided a marginal access street on both sides
or on the subdivision side of the arterial street, if the arterial street borders
the subdivision, unless the adjacent lots back up to the arterial street, or unless
the Commission determines that such marginal access streets are not desirable
under the facts of a particular case for adequate protection of the lots and
separation of through and local traffic.
10. Streets on Comprehensive Plan: Where a subdivision embraces a street
as shown on the comprehensive plan of the City, such street shall be platted in
the location and of the width indicated by the comprehensive plan.
11. Local Streets: Local streets shall be laid out so as to discourage
their use by through traffic.
12. Street Right -of -Way: Street right-of-way shall be in conformity
with the comprehensive plan of the City. In no event shall an arterial street
or thoroughfare have a width of less than one hundred (100) feet, collector
streets seventy (70) feet, local street fifty (50) feet, and marginal access
streets forty (40) feet.
13. Curbs: Curbs shall be installed by the subdivider on both sides of
all interior streets, and on the subdivision side of all streets forming part of
the boundary of the subdivision.
14. 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 case names of
existing streets shall be used.
15. Street Signs: Street signs shall be installed by the subdivider
at all intersections within or abutting the subdivision. "uch signs shall be
of a type approved by the City, and shall be installed in accordance with stan-
dards of the City.
C.
Alleys:
1. Width and Paving: Alleys of not less than 30 feet in
width and pavement width shall be installed by the subdivider in
and industrial areas. In residential areas, alleys not less than
right-of-way width, with a paved surface of not leas than 16 feet
shall be optional. All alley paving shall be done in accordance
standards. Alleys shall be approximately parallel to the frontage
right-of-way`
all business
20 feet in
in width,
with City
of the street.
2. Intersecting alleys or utility easements: Where two a
utility easements intersect or turn at a right angle, a cutoff of
10 feet from the normal intersection of the property or easement 1
provided along eash property or easement line.
3. Dead-end alleys: Dead-end alleys shall not be permitted.
D. Easements:
Easements should normally be provided along the rear or sidelot lines,
however, if the Commission deems necessary can be in other areas. Easements can be
required by the Commission to be highly restrictive. In such cases the City -Will
draw the easement instrument to be executed by the subdivider prior to approval of the
plat. Further, when the City finds that easements in areas adjoining a proposed sub-
division are necessary to provide adequate drainage, or to provide utilities, the sub-
divider shall obtain such easement or make arrangement with the City to obtain them.
E. Sidewalks: Sidewalks shall be installed as follows:
1. 0n the subdivision side of all arterial streets adjacent to the
subdivision and not paralleled by a marginal access street;
2. 0n the subdivision side of all collector streets adjacent to the
subdivision if no adequate sidewalk exists on the opposite aide of the street;
3. On the residence side of all marginal access streets whether adjacent
to the subdivision or internal;
lleys or
not less than
ine shall be
4. On both sides of all internal arterial streets not paralleled by a
marginal access street;
5. 0n the north or east side of all internal collector streets.
6. As deemed necessary by the Commission in commercial, industrial,
public, multi -family areas; and
7. Such additional sidewalks as the subdivider may desire.
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F. Street Lights: Street Lights shall be installed as follows:
Local and Collector Streets:
a. A light shall be installed at each intersection and shall be
installed midblock at a spacing of not more than 600 feet.
b. A light shall be installed on a cul-de-sac if the length of
the block exceeds 300 feet.
c. As a minimum standard, lamps of not less than 7000 lumens shall
be installed.
2. Arterial Streets or Thoroughfares:
a. 0n undivided roadways, one light shall be installed at each
intersection and midblock at a spacing of not more than 230 feet.
b. 0n divided roadways, two lights shall be installed at each
intersection and midblock at a spacing of not more than 230 feet on
each side of the roadway.
c. As a minimum standard, mercury lights of 21,000 lumens shall
be installed on metal standards.
G. Water Installations:
1. Water Supply and Distribution: All subdivision shall be provided
with water supply and distribution systems approved by the City Water
Department.
2. Fire Hydrants: Standard fire hydrants shall be installed as part
of the water distribution system.
H. Sewers:
1. All subdivisions shall be provided with an approved sewage
disposal system.
2. Connection with the sanitary sewer system shall be required except
where the City Administrator determines that such connection will require
unreasonable expenditure when compared with other methods of sewage disposal.
Where septic tanks are installed, the subdivider shall conduct percolation
tests under the supervision of the City Administrator in order to determine
the adequacy of proposed lot sizes. If a sanitary sewage disposal system is
to be installed, the plans for such system must be approved by the Texas
State Health Department prior to approval of the final plat by the Commission.
I. Utility Lines: All utility lines that pass under a street or alley shall
be installed before the street or alley is paved. When it is necessary that utility
lines pass under the street or alley pavement, they shall be installed to a point at
least 3 feet beyond the edge of the pavement.
J. Street Monuments and Property Markers: Concrete monuments shall be placed
at all corners of boundary lines of a subdivision, and in any case not more than 1300
feet apart. Such monuments shall be eight inches in diameter and shall be eighteen inches
deep, except where rock is encountered within fourteen inches of the surface, in which
case such monuments shall be countersunk four inches in such rock. The exact inter-
section point on the monument shall be marked by a copper pin 1/4 inch in diameter and
embedded at least three inches in the monument. The top of the monument shall be placed
flush with the natural ground. Intermediate property corners, curve points and angle
points shall be marked by iron stakes, not less than twelve inches in length, driven
flush with the ground or countersunk if necessary, in order to avoid.being disturbed.
Ka Drainage:
1. Easement: Where a subdivision is traversed by a water course,
drainage way, natural channel or stream, there shall be provided an easement or
right-of-way conforming subst.;tntially to the limit of such water course, plus
additional width to accommodate future needs,
2e Drainage Facilities: Drainage facilities shall be provided and
constructed as specified by the City Administrator.
La Blocks:
1. Block lengths shall not exceed 1600 feet, nor be less than 300 feet.
2. When the length of any block exceeds 1200 feet, the subdivider or
developer shall be required to dedicate a portion of property to the City which
will divide the block, widthwise, so as to allow utilities, drainage, or other
accommodations in the best interests of the immediate and adjacent properties.
The exact width of such dedication to be determined by the Commission.
SECTION 12. Responsibility for Payment of Installation Costs
A. The developer shall enter into an agreement with the City providing for the
installation of water, sewer, streets, paving, curbs, gutters, street lighting, street
signs, and drainage facilities in that subdivision in accordance with the standards and
provisions of the City development policies.
B. Assurances of such installations within a set time limit will be provided
by the making of a cash or corporate surety bond or depositing money in escrow as pro-
vided by the City development policies.
SECTION 13. Where Subdivision is Unit of a Larger Tract
Where the proposed subdivision constitutes a unit of a larger tract owned by the
subdivider, which is intended to be subsequently subdivided as additional units of the
same subdivision, the preliminary andfinalplats shall be accompaniied by a layout of
the entire area, showing the tentative proposed layout of streets, blocks, drainage,
water, sewerage, and other improvements for such areas. The .overall layout, if approved
by the Commission, shall be attached to and filed with a copy of the approved sub-
division plat in the permanent files of the City Administrator. Thereafter, plats of
subsequent units of such subdivision shall conform to such approved overall layout,
unless changed by the Commission. However, except where the subdivider agrees to such
change, the Commission may change such approved overall layout only when the Commission
finds:
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SECTION 18. Conflict with other Ordinances
Whenever the standards and specifications in this Ordinance conflict with those
contained in another ordinance, the most stringent or restrictive provision shall
govern.
SECTION 19. Penalties
Any person, firm or corporation who shall violate or cause or permit anyone to
violate, any of the provisions of this ordinance shall be guilty of a misdemeanor, and
upon conviction therefor shall be fined an amount not to exceed the sum of TWO HUNDRED
($200.00) DOLLARS. Each day that such violation thereof shall exist is hereby declared
to be a distinct and separate offense and punishable as such.
SECTION 20. Injunction
The City shall have and retain the right for injunctive relief against any
person, firm or corporation who is in the process of or about to violate any section,
paragraph or part of this Ordinance, such right for injunctive relief shall exist
independent of the other penalty provision of this Ordinance and not in lieu thereof.
The right for injunctive relief is essential to the City that it maintain an orderly,
properly planned, and properly engineered control over subdivisions thus protecting the
health, morals, safety and well being of the citizens and halting any attempt on any
person, firm or corporation part to inflict temporary or permanent injury on the general
public by a failure to comply with the terms of this Ordinance.
SECTION 21. Changes and Amendments
The City Council may from time to time amend, supplement or change by ordinance
the regulations herein established. Before taking action on any such proposed amendment,
supplement, or change, the City Council shall submit the same to the Planning Commission
for its recommendation and report. A public hearing shall be held by the City Council
before adopting any proposed amendment, supplement or change, notice of which hearing
shall be given by publication one time in the official paper of the City, stating the
time and place of such hearing, which time shall not be earlier than fifteen (15) days
from the date of publication. Unless such proposed amendment, supplement, or change
has been approved by the Planning Commission, such amendment, supplement, or change shall
not become effective except by a favorable vote of three -fourths of all the members of
the City Council.
SECTION 22. Severability Clause
If any section, provision, or part thereof in this Ordinance shall be adjudged
invalid or unconstitutional by a court of competent jurisdiction, such adjudication
shall not affect the validity of the Ordinance as a whole or any section, provision or
part thereof not adjudged invalid or unconstitutional.
SECTION 23. Publication and Effective Date
This Ordinance shall take effect from and after its passage and publication as
provided for by law.
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