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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 1 -- , 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 \_ 2 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. 3 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. 4 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. 5 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. 6 ~~ 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. 7 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 8 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. 9 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. 10 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. 11 f, The approximate acreage of the property to be subdivided. L ~~ 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. ,~ 12 f. An accurate location of the subdivision with reference to the ~~ 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. 13 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: 14 (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. 16 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. 31 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. 32 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