HomeMy WebLinkAbout89-2807SUBDIVISION REGULATIONS
ORDINANCE NO. 89-2807
WHEREAS, the City Council of the City of Plainview-did on
October 24, 1989, at a regular session of .said City Council pass
and adapt Ordinance No. 89-2807. The descriptive caption and
penalties of said :Ordinance are as follows:
SUBDIVISION REGULATIONS OF THE -CITY OF PLAINVIEW, TEXAS, AN
ORDINANCE DEFINING THE GENERAL RULES AND REGULATIONS GOVERNING
PLATS AND SUBDIVISIONS OF LAND FALLING WITHIN THE JURISDICTION OF
THE CITY OF PLAINVIEW FOR THE PURPOSE OF PROVIDING 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:.
DEFINING TERMS: SETTING FORTH PURPOSE, .AUTHORITY AND JURISDICTION,
REQUIRING APPROVAL: ESTABLISHING PROCEDURE FOR APPROVAL OF
PRELIMINARY. AND FINAL PLATS: PROVIDING GENERAL PROVISIONS:
ESTABLISHING GENERAL REQUIREMENTS AND DESIGN STANDARDS ,FOR
STREETS, .LOTS, BLOCKS, BUILDING LINES, ALLEYS, EASEMENTS, FLOOD
AREAS AND PLAYA LAKES: REQUIRING IMPROVEMENTS: PROVIDING FOR CITY
PARTICIPATION IN IMPROVEMENTS: PROVIDING FOR CITY PARTICIPATION IN
IMPROVEMENTS: PROVIDING FOR RESERVATIONS, VARIANCES, INSPECTION OF
CONSTRUCTION AND A PENALTY: ESTABLISHING FILING FEES AND CHARGES:
REQUIRING PERFORMANCE BOND: PROVIDING FOR THE WITHHOLDING OF
IMPROVEMENTS UNTIL SUBDIVISION IS APPROVED, FOR CONFLICT WITH
OTHER ORDINANCES, A SAVING CLAUSE, AND AN EFFECTIVE DATE: AND
PROVIDING FOR REPEAL OF ORDINANCE NO. 78-2259.
PENALTY
Any person violating this Ordinance or any portion. thereof shall
upon conviction be guilty of a misdemeanor and shall be fined any
sum not exceeding $2,000 and each day that such violation
continues shall be considered a separate offense and punishable
accordingly.
Passed and Approved this 24th day of October, 198.
M
E.V. Ridlehuber, Mayor
ATTEST:
Carla Reese, City Secretary
ORDINANCE NO. 89-2807
SUBDIVISION REGULATIONS OF THE CITY OF PLAINVIEW, TEXAS
AN ORDINANCE DEFINING THE GENERAL RULES AND
REGULATIONS GOVERNING PLATS AND SUBDIVISIONS OF LAND
FALLING WITHIN THE JURISDICTION OF THE CITY OF
PLAINVIEW FOR THE .PURPOSE OF PROVIDING 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: DEFINING TERMS:
SETTING FORTH PURPOSE, AUTHORITY AND JURISDICTION,
REQUIRING APPROVAL: ESTABLISHING PROCEDURE FOR
APPROVAL OF PRELIMINARY AND FINAL.. PLATS: PROVIDING
GENERAL P~iOVISIONS: ESTABLISHING GENERAL REQUIREMENTS
AND DESIGN STANDARDS FOR STREETS, LOTS, BLOCKS, BUILDING
LINES, ALLEYS, EASEMENTS, FLOOD AREAS AND PLAYA LAKES:
REQUIRING IMPROVEMENTS: PROVIDING FOR CITY
PARTICIPATION IN IMPROVEMENTS: PROVIDING FOR
RESERVATIONS, VARIANCES, INSPECTION OF CONSTRUCTION
AND A PENALTY: .ESTABLISHING FILING FEES AND CHARGES:
REQUIRING PERFORMANCE BOND: PROVIDING FOR THE
WITHHOLDING OF IMPROVEMENTS UNTIL SUBDIVISION IS
APPROVED, FOR .CONFLICT WITH OTHER ORDINANCES, A SAVING
CLAUSE, AND AN EFFECTIVE DATE: AND PROVIDING FOR REPEAL
OF ORDINANCE NO. 78-2259.
~y
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-- , SUBDIVISION REGULATIONS OF THE CITY OF PLAINVIEW, TEXAS
`~ -,;
TABLE OF CONTENTS
ORDINANCE CAPTION 1
TABLE OF CONTENTS 2
ORDINANCE PREAMBLE 3
1 GENERAL 3
2 DEFINITIONS 4
3 PURPOSE, AUTHORITY AND JURISDICTION 5
4 PROCEDURE 6
4.01 PRE-APPLICATION 6
4A2 APPROVAL PROCEDURE FOR PRELIMINARY PLAT 7
4.03 CONDITIONS OF PRELIMINARY PLAT APPROVAL 8
4.04 APPROVAL PROCEDURE. FOR FINAL PLAT 8
4.05 CONDITIONS OF FINAL PLAT APPROVAL 10
4.06 COMBINATION PRELIMINARY AND FINAL PLAT 10
5 .PLAT FORM AND CONTENT 11
5.01 PRELIMINARY PLAT 11
5.01 FINAL PLAT 12
6 GENERAL PROVISIONS 16
6.01 PARKS, SCHOOL SITES, PUBLIC. AREAS 16
6.02 EASEMENTS FOR UTILITIES 16
.6.03 DEDiCATIQN FOR PUBLIC USE 16
~ 6,04 DIVERSITY OF OWNERSHIP 17
---~ 6.05 PARTIAL DEVELOPMENT OF LARGE SUBDIVISION 17
6.06 COMPREHENSIVE GROUP DEVELOPMENT 17
6.07 UNPLATTED PROPERTY 17
7 .GENERAL REQUIREMENTS AND. DESIGN STANDARDS 18
7. U1 RELATION TO -LAND USE 18
7.02 STREETS 19
7.03 LOTS 23
7.04 BLOCKS 25
7.05 BUILDING LINES 26
7..06 ALLEYS 2 6
7.07 EASEMENTS 27
7.08 FLOOD AREAS AND PLAYA. LAKES 27
7:09 MOBILE HOME PARKS AND SUBDIVISIONS 2 8
7.10- REQUIRED IMPROVEMENTS. 2 8
7.11 PARTICIPATION OF THE CITY IN IlVIPROVEMENTS 3 0
7.12 RESERVATIONS 3 2
7.13 VARIANCES 3 3
7.14. INSPECTION OF CONSTRUCTION 3 3
7.15 PENALTY 33
8 FILING FEES AND'CHARGES 34
9 MAINTENANCE BOND 35
10 .CONFLICT WITH OTI3ER ORDINANCES 3 5
l i SAVING CLAUSE. 35
12 EFFECTIVE .DATE 3 6
13 REPEAL 3 6
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SUBDIVISION REGULATIONS
~,_ ' - OF THE
CITY OF PLAINVIEW._TEXAS
Whereas, under the provisions of the Constitution and laws of the State of
Texas, including particularly Chapters 212, 242 42, and 43 of Local Government
Code, as heretofore or hereafter amended,. hereafter every owner of any tract
of land situated within the City of .Plainview; who may hereafter divide the
same in two. (2) or more tracts. described by metes and bounds or otherwise for
the purpose of laying out any subdivision of such tract of land or any addition
to said .City; or for laying out .suburban lots or building lots, or any lots, and
purchasers or :owners of lots frosting .thereon or adjacent thereto, are
required to submit a plat of such subdivision or addition for approval by .the
Planning and Zoning Commission and the City Council of the City of Plainview;
and
Whereas, the rules and regulations. of the City established by ordinance,
governing plats and subdivisions of the land, be and the same are hereby
extended to and shall apply to all of the area under the extraterritorial
jurisdiction of said City, as provided for in Chapter 42 of Local Government
Code.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PLAINVIEW, TEXAS,
On and after the passage of this Ordinance, any person,. firm or corporation
seeking .approval of any plat, plan or replat of any subdivision of land within
the City. of Plainview, Texas and its legally .established extraterritorial
jurisdiction shall be required to comply with the. requirements of this
Ordinance before such approval may be .granted, to-wit:
SECTION 1
GENERAL
These regulations shall .govern every person, firm, association or corporation
owning any tract of land within the City Limits of the City of Plainview who
may. hereafter divide the same into two: or .more .parts for the purpose of laying
out any subdivision.. of any tract, of land ar any addition to said City, or for
laying :out suburban lots or building lots, or any lots, streets, alleys, parks or
other portions intended for public use, or the use of purchasers or owners of
lots fronting thereon or adjacent thereto.
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SECTION 2
~_~ DEFINITIONS
2.01 City or The City shall mean City of Plainview, Texas.
2.02 Subdivision shall mean the division of a tract or parcel of land into two
or more parts or lots for the purpose, whether immediate or future, of
sale or building development or transfer of ownership with the
exception of transfer to heirs of an estate, and shall include re-
subdivision.
2.03 Re-subdivision shall mean the division of an existing subdivision, or the
relocation of any street lines.
2.04 Subdivider shall refer to any person or any agent thereof, dividing or
proposing to divide land so as to constitute a subdivision. Furthermore,
the term "subdivider" shall be restricted to include only the owner,
equitable owner or authorized agent to such owner or equitable owner,
of land sought to be subdivided.
2.05 Lat shall mean land occupied or to be occupied for either residential;
commercial, retail, office, industrial,. educational uses, etc., by a
building. and its accessory buildings and including such open spaces as
are required by ordinances of the City of Plainview and .having its
principal frontage upon a public street or officially approved place.
2..06 Key lot shall mean a lot which has frontage upon a side street in
addition to a front street.
2.07 Street shall mean a .way for vehicular traffic and other public uses,
whether designated a street, highway, thoroughfare, parkway,
throughway; road, avenue, boulevard:, lane,. place or however otherwise
designated.
2.08 Arterial streets and highways shall mean streets used primarily for fast.
or heavy traffic as designated in the Major Thoroughfare Plan.
2:09 Collector streets shall mean. those streets which carry traffic from
minor streets to major system of arterial streets and highways,
including the .principal entrance streets of a residential .development or
business park and those streets for circulation within such a
development as designated on the Major Thoroughfare Plan {when
available and as may be identified by the City.)
2.10 Minor .streets shall mean those streets which. are used primarily for
access to abutting properties.
2.11 Marginal access streets .shall mean those minor. streets which are
parallel to and adjacent to arterial streets and highways and which.
provide access to abutting properties and protection from through
traffic.
2.12 Cut-de-sac shall mean a short minor street having only one vehicular
access to another. street and terminated by a vehicular turn-around.
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2.13. Dead end street shall mean a street, other than a cul-de-sac, with only
one outlet.
2.14 Alleys shall mean a minor way used primarily for vehicular and/or
utility service to the rear or side of properties otherwise abutting on a
street.
2.15 Easement shall mean a right granted for the purpose of limited public
or semi-public use across, over or under private land..
2.16 The word "Shall" shall be deemed as mandatory. The ward "May" shall
be deemed as permissive.
2.1'7 Plat shall mean a map or chart of the subdivision. It shall include plan,
plat or replat, in both singular and plural.
2.18 Commission shall mean the City Planning and Zoning Commission of the
City of Plainview.
2.19 City Council shall mean the City Council of the City of Plainview.
2.20 City Administrator shall mean that person(s) so designated by the City
Manager. of the City of Plainview.
2.2.1 Extraterritorial jurisdiction shall mean that area of land lying outside
~'' and adjacent to the corporate limits of the City of Plainview over which
the City of Plainview has legal control as set forth in Chapter 42 of Local
Government Cade.
SECTION 3
PURPOSE, AUTHORITY AND JURISDICTION
3.01 AUTHORITY
'This ordinance. is adopted under the authority of the Constitution and laws of
the State of Texas; including particularly Chapters 21.2 and 43 of Local
Government. Code. This Qrdinance is .adopted pursuant to the provisions of the
Charter of the City.
3:02 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 by securing adequate provision for traffic, light, air, recreation,
transportation, water, drainage, sewage and other facilities.
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3.03 JURISDICTION
Any owner of land located inside the corporate limits of the City of Plainview
or within its extraterritorial jurisdiction wishing to subdivide such land shall
submit to the. Planning and Zoning Commission a plan of subdivision which
shall conform to the minimum requirements set forth in .
these regulations.
An owner subd ividing his land into parcels of not less than ten (10) acres each
for agricultural use and not involving new streets shall be exempt from these
requirements.
Any owner subdividing land outside the corporate. limits of the City of
Plainview,. but within its extraterritorial jurisdiction shall submit a plan of
subdivision to the Planning and Zoning Commission and to Hale County which
shall conform to Chapters 242 and 42 of Local Government Code and the
minimum requirements set forth in these regulations, and which is subject to
the approval of both.
3.04 APPROVAL REQUIRED
No subdivision plat shall be filed or recorded, and no lot in a subdivision inside
the corporate limits of the City of Plainview or within its extraterritorial
jurisdiction shall be improved or sold until the plat shall. have been approved
by the City Council.
SECTION 4
PROCEDURE
(FOR GUIDANCE, REFER TO FLOW CHART -EXHIBIT "A")
4.01 PRE-APPLICATION
1. Subdivider of property (Residential, Multifamily, Commercial, Retail,
Office, Industrial, Recreational) shall:
a. .Consult early and informally with City Administrator.
b. Avail himself to the advice and assistance of the City
Administrator.
c. For property located outside the corporate limits of the City of
Plainview but within its extraterritorial jurisdiction, consult with
the County -Judge or his designated appointee in relation to those
requirements .established by the County for property located
outside the corporate limits of the City of Plainview.
2. City Administrator shall:
a. Informally confer with Subdivider.
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~~ b. Advise .and assist the Subdivider in procedure for approval of
plats and on regulations and policies of the City regarding
development either within the corporate limits of the City or its
extraterritorial jurisdiction.
4.02 APPROVAL. PROCEDURE FOR PRELIMINARY PLAT
1. Subdivider .shall,. submit to the City of Plainview no later. than twenty
(20} days prior to the Commission meeting at which it is to be
considered:
a. Filing Fee
b. Fifteen (15) copies of plat stamped "Preliminary Plat".
c. Fifteen (15) copies of a letter of transmittal, stating briefly the
type. of street surfacing, drainage, sanitary facilities, and water
supply proposed, and the name and address of the owner or agent,
engineer,. and .surveyor.
d. Supplementary materials as applicable in other sections of these
regulations.
2. City. Administrator shall:
a. Make a study of plats. and materials submitted.
b. Request written reports from departments and utilities if deemed
necessary.
c. Make .available plats and reports to Planning and Zoning
Commission for review.
d. Consult with City Staff and Engineer, Subdivider's Engineer,
Telephone Company, Gas company, Electric Company, Cable T.V.,
School District.
e. Schedule preliminary review with Subdivider and Planning and
Zoning Commission.
3. Planning and Zoning. Commission shall:
a. Act within thirty (30} days after the filing of preliminary plat.
b . .Submit one of the following recommendations to the City Council:
(1 } Approve.
(2) Approve with conditions.
(3) Disapprove.
(4) Return to City Staff or Commission for further consideration.
c. Make notes on two (2} copies of preliminary plat as to action
taken.
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4. City Council shall,. within thirty (30) days after -the Planning and
Zoning Commission has submitted its. recommendation, conclude one
of the following:
a. Preliminary plat approved.
b. Preliminary plat approved with conditions.
c. Preliminary plat not approved but may be returned for further
consideration by the Planning and Zoning Commission.
d. Preliminary plat not approved. The developer may prepare a
new concept and resubmit.
4.03 CONDITIONS OF PRELIMINARY PLAT APPROVAL
Conditional approval shall be considered to be the approval of a plat or
replat until .such conditions are complied with.. All objections made to
the preliminary plat, or conditions imposed, shall be furnished to the
subdivider in writing. If no decision is rendered by the Commission
within the thirty {30) day period described .above or such longer period
as may have been agreed upon, the. preliminary plat, as submitted, shall
be deemed to be recommended for approval to the City Council.
Approval of the preliminary plat shall be deemed an expression of
approval of the layout only and shall not constitute acceptance of the
final plat.
Preliminary approval will .expire six (6) months after the approval by
the City Council of .the preliminary plat or of sections thereof. The
Subdivider may apply in writing for an extension prior to the end of
such six (6) month period.. This .period may be extended six (6) months,
but not beyond a total. of one (1) year.
4.04 APPROVAL PROCEDURE FUR FINAL PLAT
1. Subdivider shall:
a. Conform to preliminary plat as approved.
b. Incorporate all changes, directions,. and additions imposed by the
City.
c, Submit to the City of Plainview no later than twenty (20} days
.prior to the Commission meeting at which it is to be considered:
three (3) sets of .detailed. plans signed by a Registered
Professional Engineer showing details of streets, alleys, culverts,
bridges, -storm sewers, water mains, sanitary sewers and other
engineering details and fifteen (15} copies and one (1) original
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tracing of the final plat with all conditional changes and proper
signatures, prepared and signed by a Registered Public Surveyor.
2. City Administrator shall:
a. Make a study of the plats., engineering plans, and reports, and
submit plans to the City Engineer for written recommendation.
b . Request written reports from departments and utilities if deemed
necessary.
c. Make available plats and reports to Planning .and Zoning
Commission for review.
3. Planning and Zoning Commission shall:
a. Act within. thirty (30) days .after the submittal of the final plat
and. engineering plan.
b. Submit one of the following recommendations to the City Council:
(1) Approve.
(2) Approve with conditions.
(3) Disapprove.
c. Make notes on six (6) copies of the final plat as to action taken
~' 4. City Council shall, within thirty (30) days after the Planning and
Zoning Commission has submitted its recommendation, conclude one
of the following:
a. Final plat approved.
b . Finale plat approved with conditions.
c. Final plat not approved. but may be returned for further
consideration by the Planning. and Zoning Commission.
d. Final plat not approved
5. City Secretary shall, within thirty (30) days after City Council
approval:
a.
(l) :For plats located within. the corporate limits of the City of
Plainview, review the file. plat for proper signature and
approval, and record at County Clerk Office.
(2) For plats located outside. the- corporate limits of .the City of
Plainview but within its extraterritorial jurisdiction, review the
file plat for proper signature and approval, and forward copies to
the County Judge for action- axid approval by the Commissioner's.
Court prior to recording at County Clerk Office.
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b. Retain- three. (3) copies of plat recorded in .the County Records for
`~._ , the City files.
c . Distribute copies as directed.
6. Subdivider shall:
a. Direct his engineer to design, stake and supervise. the
construction (to be inspected. by the City) of facilities in
accordance with .approved ,plans and .specifications and these
regulations.
b. Direct his contractors} to construct all .improvements as
identified in the approved engineering plans and to provide to
the City of Plainview a one (1) year maintenance bond in the
amount. of ten (10%) percent of the contract price, along with
three (3) blue line sets and one (1} original tracing set of "AS-
BUILT" plans, checked- and corrected by the Engineer.
7. City Administrator shall, upon completion of said improvements
and compliance with these regulations receive and cause the project to
be considered for acceptance by the City Council for approval by the
City of Plainview the title, use., and maintenance of the improvements.
4.OS CONDITIONS OF FINAL PLAT APPROVAL
No final plat shall be filed unless and until all requirements of the
subdivision. regulations have been compiled with and until such
stipulations as may be set by the City Council have been met. At the
discretion of the City .Council, .recommendation of approval for a final
plat .may be deferred to the Pl anning and Zoning Commission where the
tract of land is to be subdivided to affect- no more than one (1} lot.
Final approval will expire one (1) year after approval by the City
Council unless the plat has been filed for record. The Subdivider may
apply in writing prior to the end of such one {1) year period for an
extension: This period may, at the discretion of the City Council, be
extended for another year, but not beyond a total of two (2) years.
4.06 COMBINATION PRELIMINARY. AND .FINAL PLAT
The Subdivider may, at his option, elect to combine the. preliminary plat
and final plat., whenever the tract: of land (i) is to be re-subdivided to
affect no more than three (3) lots, (ii) no change of street locations
would be required, and (iii) the proposed development will be of the
same type of use and of comparable intensity as adjacent existing or
planned development.
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SECTION 5
~,_.;
~ PLAT FORM AND CONTENT
5, 01 PRELIMINARY PLAfi
The preliminary plat .:shall be drawn to a scale not smaller than two
hundred (200) feet to the inch, and contain the following information:
1. Existing .Features Inside Subdivision
a. The existing boundary lines (accurate in scale) of the land to be
subdivided. Boundary lines shall be drawn. in heavy lines for
easy identification.
b. The location of existing water courses,. railroads, and other
similar drainage and transportation features.
c. The location and width of .existing streets, alleys, easements,
buildings- and structures, sewers, water mains, culverts or other
underground structures within or adjacent to the tract.
d. Topographical information with contour lines at one (1) foot
intervals, unless otherwise permitted by the Planning and
Zoning Commission and the City Council due to conditions of
terrain involved. All elevations shall be referred to a Geodetic
Survey or a City Survey.
2. Existing Features Outside Subdivision
a. The name and .property lines of adjoining property owners.
b. The name and location of adjacent subdivisions, streets,
easements, pipe lines, water courses, etc.
c . All dines outside of subdivision boundaries to be dashed lines..
3. New Features Inside of Subdivision
a. The proposed name of the subdivision.
b . The location, right-of-way width, and names of proposed streets.
c. The approximate width and depth of all Lots. if the side lines are
not parallel.,. the approximate .distance between them at the
building line and at the narrowest .point should be given.
d. The location of building lines, alleys and easements.
e. The location and approximate .size of sites for schools, churches,
parks, including. commercial retail, industrial, office,
multifamily, educational,. medical, and other special land uses.
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f, The approximate acreage of the property to be subdivided.
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4. Key Map
A key map. showing relation of subdivision to major thoroughfares
in all directions to a distance of at least one (1) mile.
5. Title.Etc.
The date, scale, north. point and title under which the plat is to be
recorded, with. the name,. address, and phone number of the owner
and surveyor platting the tract.
5.02 FINAL PLAT
The Final Flat shall be sized and contain the .information, details and
documents as follows:
1. Sheet Size and Scale.
All final plats shall be drawn in permanent reproducible ink on
mylar or tracing sheets 8 lj2" x 11", 8 1/2" x 14", 11" x 17", 17" x 22"
or 22" x 34" and to a -scale of one (1) inch equals one hundred (100)
feet. Where more than .one (1) sheet is required, an index sheet of
maximum size, 22" x 34", shall be filed showing the entire
subdivision; all sheets shall be of the same size.
2. Existing Features .Inside Subdivision
a. The existing boundary lines with accurate distances and bearings
of the land to be subdivided. Boundary lines shall be drawn in
heavy lines for easy identification..
b . An accurate metes and bounds description of the area included in
the .subdivision, .including reference to section or abstract
corners., established subdivisions, primary control points, and
total acreage being. platted, all shall be placed upon the final plat.
Where more. than one ownership is involved in the area being
subdivided, the limits of each owner's land shall be clearly
designated on the final plat.
c. The location of existing water courses and other similar drainage
.features, flood .prone land, railroads, highways, and other
transportation features.
d: True bearings and .distances to the nearest established street
lines, official monuments, or subdivision corner, which shall be
accurately described on the plat.
e. The location and width of existing streets, alleys, easements,
right-of-ways, buildings and structures to be retained.
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f. An accurate location of the subdivision with reference to the
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deed records of the County which shall include the volume and
page of the. deed of the property to be subdivided.
3. Existing .Features. Outside Subdivision
a. The name and property lines of adjoining subdivisions and of the
adjoining property owners, together with the respective plat or
deed references.
b. The name and location of adjacent streets, alleys, easements,
water courses, etc.
All lines outside. of subdivision boundaries to be dashed lines.
4. Streets. Alleys,.. Easements
The lanes. and names of all proposed streets or other ways or
easements to be dedicated to public use, with the following
engineering and surveying data:
a. For Streets and .Alleys
Complete curve data {Delta, Length, Radius, Tangent, Point of
Curve, Point of Reverse .Curve, Point of Tangent) shown on the
center line or on each side. of street or in a chart on the plat
which lists all such data for each .curve. Length and bearings of
all tangents. Dimensions from all angle points and points of
curve to an adjacent side lat line.
b. For Water Courses and Easements
Distances to be provided along the side lot ..lines from the front lot
line or the .high. bank of a stream. Traverse line to be provided
along. the edge of all large water courses in a convenient
location, preferably .along a utility easement, if paralleling the
drainage easement or stream.
5, Lots and Blocks
The lines and numbers of all proposed lots and blocks
wthcompletebearings and dimensions for front, rear and side lot
lines and area of each lot shall be shown. (Use block numbers
only when previous units of -same subdivision have numbered
blocks., otherwise use continuous consecutive lot numbers
throughout subdivision}. The location of minimum building set
back lines from all streets on lots and other sites, shall conform to
the .provisions of the Zoning Ordinance for .the specific use
assigned to the project area.
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6. Reservations
The use and property dimensions of all special reservations
identified fore the. project, including sites for schools, churches,. and
parks. The Master Pian for public. sites, school sites and park sites,
shall be followed or may be amended to conform to the conditions
established by the City Council.
7. Monuments and Control Points
a. The description and location of all permanent survey monuments
and control points.
b . Suitable primary control points to which all dimension, bearings
and similar data shall be referred. Dimensions shall be shown in
feet and decimals of a foot.
8. Key .Map
A key. rnap showing relation of subdivision to major thoroughfaresin
all directions to a distance of at least one (1) mile.
9. Title. Etc.
The date, scale, north point and subdivision title;. name and address of
subdivider; name, address and seal of surveyor.
10. Dedications and Certificates
Such dedications and certificates as are applicable.
a. Dedication Deed
Accompanying the: final plat shall be a dedication deed or
certificate of dedication executed by all persons, firms, or
corporations .owning an interest in the property subdivided and
platted, and acknowledged in the manner prescribed by the laws
of the State of Texas for conveyance of real property. Two (2)
true copies must he furnished with the. original. The wife of each
married man executing such. dedication deed or certificate of
dedication shall join. her husband therein unless satisfactory
proof be provided showing that tfie property to be subdivided
does not constitute any portion of -such party's homestead and
positive-ly designates and identifies such party's actual
homestead. In the case of lien holders, there shall. be executed a
subordination agreement whereby all lien holders subordinate
their liens to all public streets, alleys, parks, school sites and any
drainage or utility easements, right-of-ways, or other public
areas shown on the final plat of such subdivision as being set
aside for .public uses and purposes. The dedication deed or
certificate of dedication shall, in addition to the above
requirements, contain the following:
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(1) An accurate metes .and bounds description of the tract of land
~:.~ subdivided (the description placed on the final plat should be
used for this purpose). Also, a description of the limits of
each owner's Land and the lots, plots, and building sites of the
subdivision included within the boundary of each owner's
land.
(2) A statement and express. representation that the parties
joining in such dedication deed or certificate of dedication
are the sole owners of such tract of land.
{3) An express dedication to the .public- for public use forever
over the streets, alleys, easements, rights-of-way, parks,
school sites and other public places shown on the attached
plat.
(4) A .positive reference and identification of the Final Plat of
such subdivision by the name of such Subdivision, date of the
Plat, and the surveyor who prepared the Plat.
b . Surveyor's Certificate, to be placed on the plat:
Know All Men By These Presents:
That I, do hereby certify that I prepared this
plat and the field notes made a part thereof from an actual and
accurate surveq of the land and that the corner monuments
shown thereon were properly placed under my personal
supervisi on, in accordance with the Subdivision Regulations of
the City of Plainview, Texas..
(Professional Seal and Date)
Name, Title & Registration No.
c. Certificate of Approval by the City Council of the City of
.Plainview, to be placed on the plat:
Approved this day of 19 by the City
Council of the City of Plainview, Texas.
Mayor
City Secretary
d. For those Final Plats located .outside the Corporate Limits,
Certificate of Approval by Hale County, to placed on the plat.
15
11. Special Restrictions
Where restrictions of use of land, other than those given in these
regulations are to be imposed by .the subdivider, such restrictions
shall be placed on the final plat or on a separate instrument filed
with the plat.
12. Tax .Receipt
Tax receipts and assessment releases showing that all taxes and all
assessments have been .paid are to be submitted concurrent with the
final plat.
13, Subdivision Improvements
The developer shall install all survey monuments and markers,
street paving, curbs and gutters, alley grading, storm drainage,
water and sanitary sewer mains and laterals, fire .hydrants, water
valves, traffic signs,. street lights,. street signs and sidewalks, within
and adjacent to the .subdivision, or shall provide cash deposit or
other guarantee acceptable to the City for the payment of the cost of
such installations prior to the final approval by the City Council.
Provisions for parks and open space shall be made as set forth in
Section 7.10.11.
SECTION 5
GENERAL PROVISIONS
6.01 PARKS.. SCHOOL SITES. PUBLIC AREAS
Preliminary subdivision plats shall. provide sites for schools., parks or
other public areas as set out in the Comprehensive City Plan. The
responsible Public Authority must take steps to acquire such property
within sixty {60) days of the submission of the preliminary plat to the
City Planning and Zoning Commission or else the subdivider may
proceed with his subdivision as though .such areas were non-existent.
6.02 EASEMENTS FOR UTILITIES.
The Planning and Zoning Commission and/or the City Council may
require easements for poles, wires., conduits, storm and sanitary sewers,
gas, cable TV and water mains, or other utility lines if necessary or
advisable in the opinion of the Commission or Council.
6.03 DEDICATION FOR PUBLIC USE
There shall be no .reserved. strips of land except those which are
conveyed to the government having jurisdiction.
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6A4 DIVERSITY OF OWNERSHIl'
~, ;
Where. the desirable development of a residential neighborhood
Business Park, Commercial Center or Planned Development is dependent
upon coordination of diverse land ownership, the Planning and Zoning
Commission. and/or .the City Council may require that an overall
neighborhood study- plan be prepared so that individual subdivisions
may be developed in harmony with one another and their environs in
accordance with the Land Use Plan.
6.05 PARTIAL DEVELOPMENT OF LARGE SUBDIVISION
Final plats may be approved on portions of a large area of land for
residential or other .uses for which a preliminary plat has been
approved,. provided that the required improvements for said portion are
developed as part of the required improvements for the entire area.
Water mains, storm sewers, trunk sewers,. and any sewage treatment
plant shall all be designated and built to serve the entire area owned by
the. subdivider or designed and built in such a manner that they can
easily be expanded or extended. to serve the entire area. Construction
plans as required in Section 4.04, therefore will be .designed to serve the
entire area shown on the preliminary plat.
6.06 COMPREHENSIVE GROUP DEVELOPMENT
A comprehensive group housing development or commercial .project
including the construction of two or more buildings, together with the
necessary drives and ways of access. and which is not subdivided into
the .customary lots, blocks., and streets, may be approved by the City
Council if in the opinion of the Council, any .departure from the
foregoing ..regulations .can be made without destroying the intent of the
regulations.. .Plans for all such developments shall be submitted to and
approved by .the Commission, whether or not such plat is to be recorded
and no building permits shall be issued until such approval has been
given.
6.07 UNPLATTED PROPERTY
In the event the subdivider or builder cannot complete any provision of
this Ordinance pertaining to the preparation of a plat, then upon
request of the City Council, a site plan shall be prepared in conjunction
with the building permit plans. The form of the site plan shall be
sufficient to provide information required by the City to determine if
the specific project may be exempt from the platting requirements. The
site. .plan shall be submitted for staff review, recommendation by the
Planning .and Zoning Commission, and approval by the City Council. If
in the .review and approval process it is determined necessary that a
plat should be prepared, approved, and recorded, then such standard
process will be required. However, if .the specific project, as identified
17
~ - in the site plan process clearly identifies that the platting requirement
`~ _, may be exempted, notice will be so given.
The purpose of said site plan is to provide sufficient information to
identify the project and its effect upon the area.
The .site plan shall. contain sufficient information relative to site design
considerations, .including but not limited to the following:
1. Location of .proposed building(s) and structures..
2. On-site and off-site circulation of traffic.
3. Parking .provisions.
4. Grading provisions..
5. Drainage provisions.
6. Landscaping provisions.
7. Placement of utilities.
8. Screening
9. Engineering for streets, drainage and utilities {if required).
The City may require other information and data for a specific site plan.
This data may include, but is not limited to geologic or archaeological
information, water yields, flood data, environmental information,
traffic analysis, road capacities, market information, economic data for
the .proposed development, hours of operation, elevation and
perspective drawings, lighting., and similar information. Conditional
approval of .the. site plan .may establish certain conditions for
construction based on .such information.
SECTION 7
GENERAL REQUIREMENTS AND DESIGN STANDARDS
7.01 RELATION TO LAND USE
All subdivisions shall conform to the Comprehensive Plan of the City
and to all applicable zoning regulations. No subdivision design shall be
approved that requires a change in zoning or an amendment to the
Land Use Plan, as adopted,.. until a corrected Zoning and amended Land
Use Plan is approved.
18
~.oa sTR>~Ts
1. Conformity. to Major Street Plan
The width and location of streets shall conform to such Major
Thoroughfare Plan as the City Council may .have .adopted, both as to
horizontal and vertical alignment and right-of-way widths.
2. Relation to Adjoining Street System
The proposed street system shall extend all existing major streets and
such existing secondary and local access streets as may be desirable
for convenience of circulation. Where .possible, the width and the
horizontal and vertical alignment. of extended streets shall be
preserved.
3. Street Joys
Where .off-sets in .street alignment are, in the opinion of the
Planning and Zoning Commission and/or City Council, unavoidable,
such off-sets may be employed, provided the distance between center
lines is not less than one hundred twenty-five (125} feet.
4. Large-Lot Subdivisions
If the lots or tracts of land in the proposed subdivision are large
enough to suggest resubdivision in the future, or if part of the tract
is not subdivided, .consideration .must be given to possible future
street openings and access to future lots which could result from
such resubdivision.
5. Through .Traffic
Local streets .shall be designed so as to discourage high-speed. or
through traffic.
6. Tapo,graphX
The street system sha1L bear a logical relationship to the natural
topography of the .ground.
7. Street Widths
"Street Right-of--way Width" shall be measured from front lot line to
front .lot line. of opposite lots. "Street Paving Width" shall be
measured from outside to outside of pavement or curb lines.
a. Access or Service Roads
Access or service roads shall have a minimum right-of- way
width of forty {40) feet.
19
b. Local Thorou hfares
Local residential streets shall have a minimum right-of-way
width of sixty (60) feet, unless otherwise specifically permitted
by the Planning and Zoning Commission and the City Council.
Local streets in apartment, commercial or industrial areas shall
have a minimum R.O.W. width of seventy-five (75) feet.
c. Secondary. .Thorou hfares
Secondary or feeder streets shall have a minimum right-of-way
width of seventy-five (75) feet.
d. .Major ..Thoroughfares
The width of major streets shall be determined by the Planning
and Zoning Commission, the City Council, the Major Thoroughfare
Plan, and adopted standards. Major streets with a right-of-way
width of less than one hundred (100) feet aze to be increased to a
width. of one hundred (100) feet for. a distance of one hundred
fifty (150) feet at the approach to a major street intersection,
with a transition back to normal right-of-way width over a
distance of an additional one hundred fifty (150) feet.
8. Street.. Ali nment
The maximum deflection in alignment permitted without use of
curve shall be ten {10) degrees.
9. Major .Street .Curves
Curves in major streets shall have a center line radius of two
thousand (2,000) feet or more with. exceptions to this standard
granted only by the Planning and. Zoning Commission and the City
Council.
10. Secondarv Street Curves
Curves in secondary or feeder streets shall have a center line radius
of eight hundred (800} feet or more, with. exception to this standard
granted only by the Planning and Zoning Commission and the City
.Council..
11. Local Street Curves.
Curves. in local streets are to have a center line radius of three
hundred (3OQ) .feet or more, except for "loop" or partial "loop" streets.
12. Reverse Curves
Reverse; curves on major thoroughfares and collector streets shall be
separated by a minimum tangent of one hundred (100) feet.
20
13. Dead-End StreetslCul-De-Sacs
`~ .
a. Turn-arounds
Turn-arounds are.. to have a circular driving surface that has a
minimum radius of forty-five (45) feet and a street right-of-way
that has a minimum radius of sixty (60) feet.
b : Maximum 'Length
The maximum. length of a dead-end street with a permanent turn-
around shall be four hundred (400). feet, measured from the
right-of-way .line of the intersecting street to the center point of
the turn-around circle, except in conditions of unusual
topography.
c. Temporarv .Turn-Arounds
Temporary turn-arounds are to be provided at the end of streets
more than four hundred (400). feet long that will be .extended in
the future. The following note should be placed on the plat:
"Cross-hatched area is temporary easement for turn-around until
street is extended (give direction) in a recorded plat."
14. Street Intersections
a. Angle of Intersection,
Except where existing conditions will not permit, all streets,
major and minor, shall intersect at a ninety (90) degree angle.
Variations of more than ten (10) degrees on minor streets and
more than five (5) degrees on major or secondary streets must
first be approved by the Flanning and Zoning Commission and
the City Council.
b_. Radius at Acute ..Corners
Acute angle intersections. approved by the Planning and Zoning
Commission and the City Council are to have twenty-five (25) feet
or greater radii at acute corners.
c. .Center-Line Tie With.. Existing Streets
Each new street intersecting with or extending to meet an
existing street shall be tied to the existing street on center line
with dimensions. and bearings to show relationship.
15. Partial or .Half-Streets
Partial or half streets shall be .prohibited,. except when essential to
the reasonable development of the subdivision in conforming with
~ the other requirements of these regulations, and where the Council
finds it will be practical to require the dedication of the other one-
21
~" half of the street when the adjoining property is subdivided.
Whenever a partial street exists along a common property line, the
other portion of the street shall be dedicated. Where part of a street
is being dedicated along a common property line and the ultimate
planned width is sixty (60) feet, the first dedication will be thirty-
five (35) feet; where the ultimate planned width. is seventy-five (75)
feet, the first dedication will be forty (40) feet. The following note
shall be used in all such dedication: "This foot strip is dedicated as an
easement for all public utilities and such other utilities as may be
permitted by the City and subject to such limitations as may be
required by the City and shall automatically become dedicated for
street purposes when and insofar as a __foot strip adjacent to it is
so dedicated and he required improvements are installed."
16. Reserve Strips
Reserve strips controlling access. to streets shall. be prohibited except
where definitely placed in City control. under conditions approved
by the Planning and Zoning Commission and the City Council. When
provisional. one (1) :foot reserves are used along the side. or end of
streets that. abut acreage tracts, the following note shall be used in
all such dedication: "One (1) foot reserve to become automatically
dedicated for street purposes when adjacent property is subdivided
in a ,recorded plat", and access to dedicated tract is hereby prohibited
until such action occurs.
17. Street .Names
New streets shall be named so as to provide continuity of name with
existing streets. and so as to prevent conflict with identical or similar
names in other parts of the City.
18. Private Streets
Dedicated streets and rights-of-way shall not be designated or used as
private.. streets and such use is .prohibited.
19. Access _to Major. Streets
Where. a subdivision borders on or contains the right-of-way of a
freeway, major thoroughfare, drainage way or railroad, the
Planning and .Zoning Commission and/or the City Council may
require a service street parallel to and on both sides of such right-
of-way,. or they. may require that .residential or other type land use
lots back up to said right-of: way without means of access. However,
reserve strips controlling.. access. to streets shall be prohibited except
where their control is definitely placed in the City under conditions
approved. by the Commission and the City Council.
22
20. Fire Lanes
The City may require the subdivider to provide areas reserved and
identified for Fire Lanes or emergency access ways for certain
commercial, retail, apartment, industrial .and other uses.
21. Traffic Engineering Studies
Where traffic conditions require, traffic engineer-ing studies may
be required by the Planning and Zoning Commission and/or the City
Council from the developer to provide technical data.
7.03 LOT'S
1. Lot Size
On the basis of the land district (single-family, residential, duplex,
multi-family,. commercial,. retail, office, mobile home., industrial,
etc.). in which they lie and the use to which they are to be put, all
lots or tract sizes must conform to .the regulations of the Zoning
Ordinance, including minimum area, width and depth.
2. Lot- Width Definition
The lot width is the minimum distance between the side lot lines of a
building lot measured along a straight line at the rear of the
required front yard and parallel to the street line or a line tangent
thereto, unless otherwise defined..
3. Corner Lots
Corner lots with a width of less than sixty-five (65) feet are to be at
least five (5) feet wider than average of interior lots in the block.
Corner lots with a width of less than seventy-five (75) feet adjacent
to a major thoroughfare are to be at least fifteen (15) feet wider than.
the average of interior lots in the block.
4. Key. Lots
Where. corner lots are key lots, the corner lot shall have a front
building line on both streets, unless said key lot is separated from
other lots by a dedicated street or alley.
5. Lots on Major Streets
Lots facing or backing on major streets shall be at least ten {10) feet
.deeper than average lots facing on adjacent minor streets.
6. Lots on Drainage Easements
Minimum usable lot depths for lots backing on natural drainage
\ easements shall be not less than one hundred (100) feet measured
between front lot line and drainage easement.
23
~' 7. Lot Shape
Lots should be rectangular insofar as practicable. Sharp angles
between lot lines should be avoided. The ratio of depth to width
should not ordinarily exceed two and one-half {2 lJ2) times.
Irregular shaped lots shall have sufficient width at the building line
to meet frontage requirements for the appropriate zoning district.
8. Lot .Lines
Side lot lines should be perpendicular or radial to street frontage.
9. Lot Facing
a. Street Frontage
Each lot shall be provided with adequate access to an existing or
proposed .public street by frontage on such street not to be less
than forty {40) feet. ,
b . Double :Front
Double frontage lots are prohibited except when backing on
major thoroughfares. Where lots have double frontage, a front
building line shall be established for each street.
c. Front _Facin~
Wherever feasible, each lot should face the. front of a similar lot
across the street. In general, an arrangement placing adjacent
lots at right angles to each other should be avoided.
10. Lot Numbering
All lots are to be numbered consecutively within each block. Lot
numbering may be cumulative throughout the subdivision if the
numbering continues from block to block in a uniform manner that
has been approved on an overall preliminary plat. Use block
numbers only when previously platted units of the same subdivision
have numbered blocks.
11. Driveway Restrictions
Rear and side driveway access to major thoroughfares shall be
prohibited.
12. Replatting
Any person who wishes to revise a subdivision plat .which has been
previously filed for record must make an application of the proposed
revised plat to the City Council. The replat of the subdivision shall
.meet all the requirements for a subdivision .that may be pertinent.
24
However, if the subdivision as replatted does not. require any
appreciable alteration or improvement of utility installations,
streets, alleys, building setback lines, etc., then no engineering
plans will be required.
In the event the proposed replat involves property which has been
previously developed or zoned as single family or duplex residential
use then special requirements .are as follows or as may be ammended
in Chapter. 212 of Local Government Code:
After an .application is filed for a replat affecting single family and
duplex property, then the City Secretary shall cause a notice of the
application to be published in the official newspaper of the City at
least fifteen (15) days before the date of the City Council meeting at
which it is to be considered. Such notice must include a statement of
the time and place at which the City Council will meet to consider the
replat and to hear protests to the revision at a public hearing.
Additionally, written notice must be sent to alT owners of property
located within the original plat. Such notice may be served by
depositing the notice, properly addressed and postage paid, at the
local post .office. In the event the original plat contains more than
100 lots, such notice shall be mailed only to those owners of lots
which are located within S00 feet of the lot or lots which are sought
to be replatted or re-subdivided.
' If the proposed replat is protested in accordance with this
~--' subsection, the. proposed replat must receive, in order to be
approved, the affirmative vote of at least three-fourths of all
members of the municipal planning commission or governing body,
or both. For a legal protest, written instruments signed by the
owners of at least 20 percent of the area of the lots or land
immediately adjoining. the area covered by the proposed replat and
extending 200. feet. from that .area, but within the original
subdivision, must be filed with the mu nicipal planning commission
or governing body, or both, prior to the close of the public hearing.
7.04 BLOCKS
1. Block Length
Blocks shall not be .more than one thousand three hundred twenty
(1,320) feet in length.
2. Block Width
Blocks- shall be wide enough to allow two (2) tiers of lots with a block
width. no less than two hundred twenty (220) feet, except when
prevented. by the size of the property or the need to back-up to a
major thoroughfare.
25
3. Crosswalks
Crosswalk easements of
exceeding eight hundred
where deemed necessary
and/or the City Council.
fifteen (15) feet in width across blocks
(800) feet in length shall be dedicated
by the Planning and Zoning Commission.
4. Block Numbering
Blocks are to be numbered consecutively within the overall plat
and/or sections of a overall plat as recorded only when previous
units of subdivision have numbered blocks, otherwise blocks shall
not be numbered.
7.05 BUILDING.LINES
Use
Building lines along all streets shall be shown on the final plat on lots
and shall provide the minimum setback for front, side,: and rear streets
as required. by the Zoning Qrdinance on the basis of .the district (single-
family, residential, duplex, multifamily, commercial, retail office,
mobile home,. industrial, etc.).
7.06 ALLEYS
1. Alleys Required
Alleys shall be required along the rear line of all lots to be used in
all residential, .commercial, and industrial districts, except that the
Planning and Zoning Commission and/or the City Council may waive
this requirement where other definite axid assured. provision is made
for service ..access, such as off-street loading, unloading, and parking
consistent with and adequate for the use proposed.
2. Allev Width
Where provided, alleys in residential districts shall not be less than
twenty (20) feet in right-of-way width. Service alleys in commercial
and industrial districts shah be a minimum. of twenty-five (25) feet
in right-of-way width- and must be concrete paved fifteen (15) feet
in width.
3. Cut-Offs
In case of intersecting alleys, a cut-off shall be required at each
corner. Cut-offs shall be triangles having two (2) equal sides each of
which shall not be less than twenty (20) feet in length or of such
greater distance to provide safe vehicular movement.
26
4. Dead-End Allevs
No permanent dead-end alleys shall be permitted. Alleys in new
subdivisions shall connect to and/or be aligned with alleys in
adjacent subdivisions wherever feasible.
7.07 EASEMENTS
1. Size
The. size of easements where alleys are not provided shall not be less
than .ten (10) feet on each side of rear lot lines. Easements along side
lot lines shall be not less than ten (10) feet in width. However,
where deemed necessary by ,the Planning and Zoning Commission
and/or the City Council, such easements may be required to be
twenty (20) feet in width.
2. Use
Where necessary, easements .shall be required for pales, wires,
conduits, storm sewers, sanitary sewers, water lines, open drains, gas
lines or other utilities.. Such easements may be required across parts
of lots (including side lines) other than as described above, if in the
opinion of the Planning and Zoning Commission and/or the City
Council, same is needed. Any easements. so established shall be
maintained by the property owner. All easements may be included
in the. computation of lot sizes, with the exception of drainage
easements, which will be in ..addition to the specified lot. size.
3. Drainage Easements
Where a subdivision is traversed. by a water course, drainage way,
channel or street, .there shall be provided a storm easement or
drainage right-of-way conforming substantially with such course
and of such additional width as may be designated by the City
Administrator that will be reasonably adequate for the purpose.
Parallel streets or parkways may be required in connection with
these easements. The drainage shall be designed to eliminate erosion
of adjoining property and to facilitate routine maintenance.
7.0 8 FLOOD AREAS AND PLAYA LAKES (Wet Weather Lake Areas)
1. Flood Areas
Areas within the jurisdiction of the regulations herein subject to
fload conditions as established by Federal and State agencies and the
City Engineer of Plainview and for which the limits of such flood
conditions have been adopted by the City of Plainview, will not be
considered for subdivision until adequate drainage or other
approved protection has been provided.
27
2. Playa Lakes lWet Weather Lake Areas
Areas of playa lakes lying below the established high water level
shall be designated as park or open space in manner set forth in
Section 6.01 of these regulations. If not acquired by the responsible
public authority as set forth in Section 6..01 of these regulations,
these playa lakes may be modified to conform with established
standards as provided for by ordinance or other regulations
established by the City of Plainview.
7.09 MOBILE HOME PARKS AND SUBDIVISIONS
The development of all mobile home parks and mobile home
subdivisions shall be in accordance with the City Ordinance for mobile
homes -and vacation travel trailer parks.
7.10 REQUIRED IMPROVEMENTS'
1. Streets
All streets shall. be paved with a permanent type. of pavement in
accordance with City Specifications. Paving widths shall be in
accordance with the standards set forth in the Major Thoroughfare
Plan of the City and shall be constructed under the supervision of
the City Engineer.
2. Curbs. and Gutters
Curbs and gutters shall be provided along both sides of all streets
within the subdivision in accordance with City Specifications.
3. .Sidewalks
Sidewalks not less. than four. (4) feet in width may be required on
both sides of all major and collector streets and along one or bath
sides of certain specified local streets.
4. Alleys
All alleys shall be graded, improved, and leveled in accordance with
City Specifications.
5. Water
Water mains of size adequate to provide a domestic water supply, fire
hydrants, and water valves shall `be installed to serve all lots within
the subdivision in accordance with the Comprehensive Plan and City
Specifications.
28
6. Sanitary Sewer
Sanitary sewers shall be provided to serve all lots within a
subdivision in accordance with the Comprehensive Plan and City
Specifications.
For those. areas where the City determines .that a connection to the
central sewer system is not practical, then individual on-site
treatment shall be provided.
It is the purpose of this Ordinance to ensure compliance with the
Texas Department of Health requirements so that on-site sewerage
facilities shall be designed, constructed, permitted, and .operated to
provide adequate sewage treatment and disposal that will. not
contaminate potable water supplies or threaten the health and
welfare of the public. The design, construction, permitting, and
operation of on-.site sewerage system for use by individual homes,
small business establi hments, recreational areas, institutions, and
other areas shall be in accordance with the "Construction Standards
for On-.Site Sewerage. Facilities", Texas Department of Health,
effective January 1, 1988, or as may be amended. These construction
standards are adopted under the authority of the Texas Sanitation and
Health Protection Law, Texas Civil Statutes, Article 4477-1. On-site
sewerage systems .shall also be in accordance with the standards of
any .other government or agency in authority.
All new development and construction, either in the City or its
extraterritorial jurisdiction (ETJ), shall conform to these
requirements.. Existing individual disposal facilities should be
upgraded to comply with the .Standards, is order to protect the public
health and welfare. On-site sewerage facilities must be upgraded by
the. owner, at the owner's expense,. if the operation of the facility
does: not comply with government regulations or results in
objectionable odors, unsanitary conditions, pollution, etc.
The developers of subdivisions, mobile home (manufactured
housing) parks., or commercial and industrial establishments that
are remote from organized sewage collection systems shall consider
the method of sewage disposal in .the determination of lot size and
arrangement. A sewage disposal plan shall be submitted to the
appropriate local regulatory authority as a part of the construction
plans prior to the consideration of approval of the file plat.
Platted subdivisions served by a public water supply, but utilizing
individual subsurface methods for sewage disposal shall provide for
individual lots having .surface areas of at least one-half (1/2) acre.
Platted subdivisions served by an individual .water supply well and
an individual sewage disposal. system shall maintain a minimum of a
150 foot radius around the well in which no subsurface sewerage
system may be constructed, and each lot shall contain not less than
one (1) acre.
29
7. Storm Drainage
Underground storm drainage facilities .shall be provided where the
run-off storm water and the prevention of erosion cannot be
accomplished satisfactorily by surface drainage. All drainage
facilities shall be constructed in accordance with the Comprehensive
Plan and City specifications.
8. Monuments
a. Monuments consisting of three-eights inch (3i8") diameter steel
rods twenty-four inches (24") long shall be placed at all corners
of block lines,. the point of intersection of alley and block lines,
and at points of intersections of curves and tangents of the
subdivision.
b. Lot markers consisting of three-eights inch (3/8") diameter steel
rods shall be placed at all lot corners.
9. Street Name and Traffic Signns
All .street name signs and traffic signs shall be provided and shall
meet the type and erection standards of the. City.
10. Street Li Ming
Street lighting .shall be provided and shall meet the design
standards for intensity, location, .type and erection of the City of
Plainview.
1l. Public Parks and O en n race
Public parks and open space .shall be provided in accordance with
location,. size and design standards- as established in the City of
Plainview Park. and Open Space Development Plan and Policy.
7.11 PARTICIPATION OF THE CITY IN IMPROVEMENTS
The City shall not be required to participate in the cost of any
improvements where such improvements. required by this ordinance
are outside the corporate limits of the City.
1. a. Right-of-wav-wav
The subdivider shall dedicate right-of-way for streets in
accordance with the requirements set forth in Section 7.02.
b. Paving
(1) The subdivider shall pave all residential and collector
~` ° ' streets.. up to forth-one (41) feet in width in accordance
30
___
__ __
with City Specifications. Paving beyond forty-one (41)
feet in width shall be in accordance with the City Street
Paving Policy.
(2) All. underground utility lines shall be installed prior to
paving.
(3) All excess excavated material from dedicated streets and
alleys not used in the development of the land being
platted. shall be removed from the site and deposited at
disposal sites designated by the City of Plainview.
2. Curbs. and Gutters
Curbs and :gutters shall be provided by the subdivider.
3. Sidewalks
Sidewalks, if required, shall be provided by the subdivider.
4. Water
Where the City requires larger mains and branches than are
necessary to serve the subdivision in order to provide for future
development, the subdivider may be entitled to participating aid
from the City, in accordance to current policy, and- availability of
current funds.
5. Sanitary Sewers
Where the City requires larger sewer lines than are necessary to
serve the subdivision in order to provide for future development, the
subdivider may be .entitled to participating aid from the City, in
accordance to current policy and availability of funds.
6. Storm Drainage
a. Where the. City requires larger storm drainage facilities than are
necessary to serve the subdivision. in order to provide for future
development, the subdivider may be entitled to participating aid
from the City, in accordance- to current .policy and availability of
current funds.
b. Where the City does not participate. in storm drainage
improvements and the cost of necessary storm drainage
construction is prohibitive. for the subdivider to bear, all areas
affected by such drainage may be omitted from the. development..
7. Monuments
Monuments shall be provided by the Subdivider.
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8. Lot Markers
Lot markers shall be provided by the Subdivider.
9. Street :Name .Signs .and Traffic Sig ns
Street name signs anal traffic signs shall be provided by the
Subdivider.
10. Street Lights
Street lights shall be provided by the Subdivider,
11. Public Parks and Open. Space
Public parks and.. open space shall be provided by the Subdivider in
the manner set forth in Section 6A1 herein.
12. Pro-Rata
Where water, sanitary sewer, street name signs, traffic signs, street
lighting and parks and open space are subject to a pro-rata payment
prior to final plat approval, such payment shall be considered the
subdivder's payment in full for such improvement, providing the
City of Plainview has adequate funds, after the payment of such pro-
rata charges, to construct the required improvements. In the event
that such pro-rata payment does not provide sufficient funds to
construct the required improvements and the City of Plainview does
not have sufficient additional funds to complete the construction of
said required improvements, then the subdivider shall provide funds
required to pay the total cost of constructing the said requi-red
improvements.
13. Building .Permits
No Building Permits shall. be issued until all improvements are in
place, unless otherwise authorized by City Council
7.12 RESERVATIONS
1. Permitted .Purposes
No land contained. in the. .proposed subdivision shall be reserved for
any use other than a use permitted by the Zoning Ordinance for the
district in which. the land to be reserved is located.
Z. Designation on .Plat
The specific use for which each piece of land is to be reserved must
be shown- by appropriate label or description on the subdivision plat.
Provision for future abandonment of a reservation as may be
appropriate must -likewise be shown on said plat.
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3. Parks and Play rounds
The location and size of parks and playgrounds shall be in
accordance with the City's Park Sites Plan.
4. Schools
The location and size of school sites shall be in accordance with the
City's School Sites Plan and with the requirements of the School
District.
7.13 VARIANCES
When a subdivider can show that a provision of these regulations would
cause unnecessary hardship if strictly adhered to and where, because of
some condition .peculiar to the site, in the opinion. of the Planning and
Zoning Commission and/or the City Council, a departure may be made
without destroying the intent of such provisions, the City Council may
authorize a ariance.
However, :any variance thus authorized is required to be entered in
writing into the. minutes of the .Commission and/or the City Council and
the reason which ..justified the departure to be set forth, and such
variance must be authorized by affirmative vote of no t less than two-
thirds (2/3} of the entire members of the Commission and/or the City
Council.
7.14 INSPECTION OF CONSTRUCTION
The City shall be given opportunity to inspect all phases of the
construction of improvements for subdivision. The subdivider, or his
contractor, shall maintain daily contact with the City Engineer, or his
representative, during .construction of improvements.
No sanitary .sewer, water, or storm sewer pipe shall be covered without
approval of the City Engineer, or his representative. No concrete shall
be poured for streets,. structures, or curbs and gutters without said
approval. No flexible base material shall be placed on the street
subgrade, or asphaltic .surface applied to the flexible base of a street
without said approval.
7.15 PENALTY
Any .person violating this Ordinance. or any portion thereof shall upon
conviction be guilty of a misdemeanor and shall be fined any sum not
exceeding $2,000 and each day that such violation: continues shall be
considered a separate offense and punishable accordingly.
33
SECTION 8
FII,ING FEES AND CHARGES
8.01 The following schedule of fees and charges shall be paid to the City
when any plat is tendered to .the Planning and Zoning Commission, City
Council,. or any other authorized board or agency of the City. Each of
the fees and charges .provided .herein shall be paid in advance, and no
action of the Commission, the City Council or any other board or agency
shall be valid until the fee or fees shall have been paid to the officer
designated therein.
8,02 The. City Engineer, his deputies or assistants, .shall calculate the fees and
charges, in accordance with the following schedule.
1. Preliminary Plats
$50.00 per plat, plus $3:00 per lot.
2. Final Plats
$100..00 per plat, plus $3.00 per lot.
3. Combination Preliminary and Final Plats
$75.00 per plat, plus $3:00 per lot.
4. For approval of multiple dwelling areas, commercial or industrial
areas not subdivided into lots, the Preliminary Plats shall carry a fee
of $50.00 per .plat, plus $5.00 per. acre. The fee for the Final Plat shall
be $100.00 per plat, plus $5.00 per acre.
5. Modular: Homes
$100.00 per plat, plus $3.00 per lot..
6. Mobile Home Subdivision
$100.00 per plat, plus .$3.00 per lot or mobile home space.
7. Mobile .Home. Parks
$100.00 per plat, plus $3.00 per mobile home space.
8. In .the event of a replat, .the subdivider shall reimburse the City for
all costs incurred in the process of carrying out all replatting
requirements as outlined in Section 7.03.
9. These fees shall be charges on all plats, regardless of the action
taken by the Planning and Zoning. Commission and the City Council,
and whether. the plat is approved or denied.
34
10. The subdivider shall cause a check to he made payable to the City of
Plainview to cover all recording fees involved in finishing the
platting process and have this delivered to the City Secretary prior to
the submission for approval.
SECTION 9
MAINTENANCE BOND
9.01 In the event a subdivider develops independently of the City of
Plainview furnishing .engineering and inspection of required
improvements, the subdivider shall furnish a good and sufficient
maintenance bond. with a reputable and solvent corporate surety, in
favor of the City, to indemnify the City against any repairs which may
become necessary to any part of the construction work performed in
connection with the subdivision, arising from defective workmanship
or materials used therein, for a full period of one .year from the date of
final acceptance of the entire project.. Final acceptance will be
withheld until said maintenance bond is furnished to the City Attorney
for approval. The maintenance bond shall have attached thereto a .copy
of the contract for such improvements and such other information .and
data necessary to determine the validity and enforceability of such
bond. When the bond has been examined and approved, the City
Attorney shall furnish .the City Council with a written certification that
the maintenance .bond is valid and enforceable as regards all
improvements required by subdivisions, which have not been approved
as provided by law and further, no .permits shall be issued by the
Building Inspector of .the City on any piece of property other than an
original or a re-subdivided lot in a duly approved and recorded
subdivision or as provided for under Section. 6.07.
SECTION 10
CONFLICT WITH OTHER ORDINANCES
10.01 Whenever the standards and specifications in this ordinance conflict
with those contained in another ordinance, the most stringent or
restrictive provision shall. .govern.
SECTION 11
SAVIlVG CLAUSE
11.01 If any section, subsection, sentence, clause, or phrase of this Ordinance
is for any reason held to be unconstitutional., void or invalid, the
validity of the remaining portions of this Ordinance shall not be
.affected thereby, it being the intent of the City Council in adopting this
Ordinance that no portion thereof,. or provision or regulation contained
herein shall not become inoperative or fail by reason of the
unconstitutionality or invalidity of any section, subsection, sentence,
clause, phrase, or provision of .this Ordinance.
35
SECTION 12
EFFECTIVE DATE
12.01 The City Secretary is hereby directed to publish the caption and penalty
clause hereof as an .alternative method of publication as provided by
law, once a week for .two consecutive weeks in a newspaper regularly
published in the City of Plainview and this ordinance shall become
effective ten (10) days after the date of its publication.
SECTION 13
REPEAL
13.01 Ordinance No.78-2259, passed by the City of Plainview on the 14th day of
November, 1978,. is hereby repealed. as of the effective date of this
Ordinance, as provided in Section 11 hereof.
(~D~ (PASSED AND APPROVED) by the Planning and Zoning
Commission of the City of Plainview, Texas, on this the '7th day of Sept.
1989. , '
Chairman, Planning & Zoning Com i
Attest:
' .~/( ~
Secretary,. Planning & Zoning Commis n
(AID) (PASSED AND APPROVED) byma~orit~vote of the City Council of
the City of Plainview, Texas, on this theiay of n ~ v- 1989.
Mayor E. V. Ridlehuber
A est:
Carla Reese,' City Secretary
Approved as to Content:
Mike McDonough, Director of Municipal Services
Approved as to Form:
D. A. Blackburn, City Attorney
36
EXHIBIT "A"
qTY OF PLAINIAEW
PRELIMINARY PLAT REVIEW PROCESS
30 DAYS
20 DAYS
PLAT .REVIEW
1. Dept. Hoods Recommend
2. Engineer Plat Approrai
3.
4 Utilities
School Reviewed B
d
mm
end
.
5. County - Fees a d Taxes P dt Z an
Recommended o
Disc
PP vol
For Plats To Council Recommend
Outelde
Corporate Approval
Llmits W/Conditions
Recommend
Revisions
As Outlined
FINAL PLAT REVIEW PROCESS
30 DAYS
20 DAYS
PLAT REVIEW
1. Dent. Heeds ~-
....With....
8onstruction
PROJECT CONSTRUCTION PROCESS
I CITY INSYECTfON I
PRE-CONSTRUCTION
CONFERENCE
t. City Staff
2. Developer
3. Engineer or
Surveys'
4. Contractors
a. Utilities
b. Paving
CONSTRUCTION
OF PROJECT:
1. Excavation
2. Utilities
3. -0rofnage
4. Paving
Commercial Testing
Laboratory I{
Files Test Reports
Consider
Developer
Request For
Bulging
Permit
On Model
Structure
I APProved I
Plat W/Conditions
Reviewed
By
Council Not Approved
But Mc
Be
y
Returned
For Further
Consideration
Plot By P & "L
Reviewed
by County Nof Approved
For Plots Developer to
Outside Prepare New
Corporate Concept and
Limits Resubmit
30 DAYS
REVIEW OF
PROJECT:
t. City Staff
2. Developer
3. Engineer or
Surveyor
4. Contractor
a. Utilities
b. Paving
Recommendation
To Council
30 DAYS
Consider
Final
Acceptance
B
Ci y
Council
Building
Permits
Issued
By
City
DEVELOPER FURNISH
1. As built plans
(3 {3 B.la & t Orig.)
2. Maintenance bond
3. Repairs as Found
to be Required
NOTE:
TNIS EXHIBIT IS INTENDED TO SERVE AS A GENERAL OVERVIEW OF THE PLAT REVIEW PROCESS. IT IS NOT INTENDED TO SERVE AS A SOLE
RESOURCE, AND THE PROVISIONS OF THE ORDINANCE SHOULD BE CONSULTED AND SHALL CONTROL