HomeMy WebLinkAboutOrdinance 1579
ORDINANCE NO. 1579
An Ordinance of the City of North Richland Hills, Texas, providing
subdivision regulations for the platting and developing of subdivisions within
the limits of the City of North Richland Hills and for such other areas as may
be authorized by State Statutes; providing a severability clause; and
providing the effective date.
WHEREAS, it is the intent of the City Council of the City of North
Richland Hills to promote the orderly growth of the City in conformance with
the adopted Master Plan for the City and to insure the health, safety, and
welfare of its citizens; and
WHEREAS, the present rules and regulations of the City of North
Richland Hills regulating the platting and developing of subdivisions have
become obsolete and therefore may be inadequate to protect the public
interest; and
WHEREAS, after holding public hearings as stipulated by the
Charter of the City, it is the opinion of the City Council of the City of North
Richland Hills that the following subdivision regulations should be adopted;
NOW THEREFORE BE IT ORDAINED by the City Council of the City
of North Richland Hills that the attached Subdivision Regulations be and the
same are hereby adopted as the Rules and Regulations for the platting and
subdivision of land within the City of North Richland Hills and within its
extraterritorial jurisdiction. The attached "Subdivision Regulations are made
a part of this Ordinance the same as if set out verbatim in the Ordinance".
SEVERABILIT Y CLAUSE
Should any portion or part of this Ordinance be held for any reason
invalid or unenforceable, the same shall not be construed to affect any other
valid portion hereof, but all valid portions hereof shall remain in full force
and effect.
PEN ALTIES
A violation of any provlSlOn of this Ordinance shall be a misdemeanor,
punishable by a fine not to exceed one thousand ($1000) dollars. Any person
who shall violate any provision of this Ordinance shall be deemed guilty of a
separate offense for each and every day that such violation shall continue.
The City shall have the right to institute an action in the District Court
to enjoin the violation of any provision of such Ordinance in its
extraterritorial jurisdiction and the District Court shall have the power to
grant any or all types of injunctive relief in such cases. The City shall have
the right to enforce the Ordinance in its entirety by Civil Suit.
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APPROVED BY THE PLANNING AND ZONING COMMISSION this
13th Day of October , 1988.
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Chair~n Plann' --. g . m mission
~~~~
Secretary Planning & Zoning Commission
PASSED AND APPR OVED this
13th day of
March
1989.
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ATTEST:
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J'~~tte Rewis, City Secretary
Attorney
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CITY OF NORTH RICHLAND HILLS
SUBDIVISION RULES AND REGULATIONS
ADOPTED MARCH 13 , 1989
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TABLE OF CONTENTS
PAGE
PROVIDING FOR ORDINANCE
Effective Time and Status
ADOPTION DATE PAGE
TABLE OF CONTENTS
S E C T ION 1-01 - G ENE R A L
Interpretation
Purpose
Definition s
Special Provisions
Improvements
Variances
SECTION 1-02 - PRELIMINARY PLAT
General
Place for Filing and Copies Required
Form and Content
Processing of Preliminary Plats
SECTION 1-03 - FINAL PLAT AND CONSTRUCTION PLANS
General
Time and Place for Filing
Form and Content
Processing of Final Plat and Construction Plans
SECTION 1-04 - RE-PLATS
Ownership
Procedures
SECTION 1-05 - SHORT FORM PLATS
SECTION 1-06 CITY DEVELOPER AGREEMENTS
SECTION 1-07 CONTRACTING CONSTRUCTION
Procedure
City Participation
SECTION 1-08 STREET AND EASEMENT VACATIONS
Proced ure
1-2
3
4
5-9
5
5
5
8
8
9
10-13
10
10
10
12
14-18
14
14
14
17
19-20
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19
21
22-25
26
26
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27-28
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CITY OF NORTH RICHLAND HILLS
SUBDIVISION REGULATIONS
SE C TIO N 1-01
GENERAL
A. INTERPRETATION
In the interpretation and application of the provisions of these
regulations, it is the intention of the City Council that the principles,
standards and requirements provided herein shall be the minimum requirements
for the platting and developing of subdivisions in the City of North Richland
Hills .
B. 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 surrounding
area to promote the health, safety and general welfare of the community; to
insure orderly growth of the City by promoting conformance of proposed
development with the adopted Master Plan of the City.
C. D EFINITIO N S
For the purpose of this Ordinance, the following terms, phrases, words,
and other derivations shall have the meaning ascribed to them in this
section:
Alley: A minor public right-of-way, not intended to provide
the primary means of access of abutting lots, which is used primarily for
vehicular service access to the back or sides of properties otherwise
abutting on a street.
Building Setback Line: The line within a property defining
the minimum horizontal distance between a building or other structure
over 24" high and the adjacent street property line.
City: The City of North Richland Hills, Texas
City Engineer: A Registered Professional Engineer on the
City Staff or firm of Registered Professional Consulting Engineers who
have specifically been designated as representing the City by Resolution
of the City Council.
Commission: The Planning and Zoning Commission of the City.
Crosswalk Way: A public right-of-way, four (4) feet or more
in width between property lines, which provides pedestrian circulation.
Cul-de-sac: A street having but one outlet to another street,
and terminated on the opposite end by a vehicular turnaround.
Dead-End Street: A street, other than a cul-de-sac, with
only one outlet.
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Design Manual: Refers to the North Richland Hills Public
Works Design Manual. This is a separate document which establishes
minimum criteria for approvable design of Public Works/Utilities
Improvements for the City of North Richland Hills.
Engineer: A person duly authorized under the provisions of
the Texas Engineering Registration Act, as heretofore or hereafter
amended, to practice the profession of Civil Engineering.
Final Plat: (Also Record Plat or Filing Plat) The one official
and authentic map of any given subdivision of land prepared from actual
field measurement and staking of all identifiable points by a Registered
or Licensed Surveyor with the subdivision location properly referenced
to a survey corner or specific landmark reference. All boundaries,
corners and curves of the land division shall be sufficiently described
so that they can be reproduced without additional references.
Land Planner: Persons other than Surveyors or Engineers
who also possess and can demonstrate a valid proficiency in the Planning
of residential, commercial, industrial and other related developments;
such proficiency having been acquired by education in the field of
Planning or Landscape Architecture and/or by other actual experience
and practice in the field of land planning.
Land Use Plan: A map of the City containing a graphic
representation of the proposed uses of the various land areas of the
City.
Lot: An undivided tract or parcel of land having frontage on
a public street or approved public access easement and which is, or in
the future may be offered for sale, conveyance, transfer or
improvement; which is designated as a distinct and separate tract, and
which is identified by a tract or lot number or symbol in a duly
approved subdivision plat which has been properly filed or recorded.
Master Plan: The officially adopted Comprehensive Master
Plan for the City of North Richland Hills.
Neighborhood Park: Parks providing for a variety of outdoor
recreational opportunities and within convenient distances from a majority
of the residences to be served thereby.
Pavement Width: The portion of a street available for
vehicular traffic. Where curbs are installed, it is the portion of the
street between the faces of the curb s.
Person: Any individual, association, firm, corporation,
governmental agency, or political subdivision.
Preliminary Plat: (Also Preliminary Development Study,
Overall Plan of Development, etc.) The graphic expression of the
proposed overall plan for subdividing, improving and developing a tract
shown by superimposing a scale drawing of the proposed land division on
a topographic map and showing in plan existing and proposed drainage
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features and facilities, street layout and direction of curb water flow,
and other pertinent features with notations sufficient to substantially
identify the general scope and detail of the proposed development.
Replat: A Platting action submitted for the purpose of
sub dividing an existing recorded Lot or Tract into smaller lots or to
re-combine smaller existing recorded lots or tracts into a larger tract.
Shall, May: The word "shall" is always mandatory. The word
"may" is merely directory.
Will, Should: The word "will" is always mandatory. The word
"should" is merely directory.
Street: A public right-of-way, however designated,
which provides vehicular access to adjacent lands. In accordance with
the Master Thoroughfare Plan of the City, certain specliic streets may
be designated under the following criteria based upon their traffic
capacities.
(1) Major thoroughfares provide vehicular movement from one
neighborhood to another, to distant points within the
Urban Area or to Freeways or High ways leading to other
communities.
(2) Collector Streets provide vehicular circulation within
neighborhoods and from minor streets to major
thoroughfares.
(3) Local Residential Streets are primarily for providing
direct vehicular access to abutting properties.
Subdivider: Any person or any agent thereof, dividing or
proposing to divide land so as to constitute a sub division as that term is
defined herein. In any event, the term "sub divider" shall be restricted
to include only the owner, equitable owner or authorized agent of such
owner or equitable owner, of land sought to be subdivided.
Sub division: A division of any tract of land situated within
the corporate limits of the City, or within the extra-territorial
jurisdiction of such limits, in one or more parts for the purpose of
creating lots for sale, for the purpose of identification, and/or to
provide for the dedication of streets, alleys and easements. Subdivision
includes re-subdivision (replat)
Surveyor: A licensed State Land Surveyor or a Registered
Public Surveyor, as authorized by the applicable State Statutes to
practice the profession of surveying.
Utility Easement: An interest in land granted to the City, to
the public generally, and/or to a private utility corporation, for
installing and maintaining utilities across, over or under private land,
together with the right to enter thereon with machinery and vehicles
necessary for the maintenance of said utilities.
Any office referred to in this Ordinance by title means the person
employed or appointed by the City in that position, or his duly
authorized representative.
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Definitions not expressly prescribed herein are to be construed in
accordance with customary usage in municipal planning and engineering
practices.
D. SPECIAL PROVISIONS
1. No Building Permit for construction shall be issued by the City for
any structure on a lot in a subdivision, or on any parcel of property for
which a Final Plat has not been approved and filed for record. However, a
Building Permit for residential construction on an existing structure may be
issued on an unplatted lot. If the value of such construction does not exceed
fifty (50) percent of current value of the existing structure.
2. In residential subdivisions, Building Permits will not be issued until
all public facilities approved in the construction plans have been installed and
inspected by the Public Works Department.
3. In commercial and industrial subdivisions, Building Permits may be
issued upon completion of the utility systems to a point where required fire
hydrants and fire protection systems have been installed and are functional to
provide protection for the buildings under construction. In cases where
Building Permits are issued prior to all public facilities being completed, no
Certificate of Occupancy for any building will be issued until such time as all
construction of public facilities has been completed and accepted by the Public
Works Department.
4. The City will not issue building permits on any subdivision which
remains unapproved by the Public Works Department for a period of four
years or more from the date of the Final Plat approval until a current
engineering review of said plat has been conducted.
5. Construction shall not start on any street, sidewalk, drainage,
utility or public improvement until a Public Works Construction Permit and an
acceptable two (2) year maintenance bond has been issued for all facilities in
the subdivision or the approved phase of the said subdivision.
6. Upon approved completion of the construction of the public
facilities, the developer's engineer shall sub mit to the Public Works
Department a complete set of "as-built" documents of the project along with a
complete accounting of all construction units "as-built" and the total project
cost. The Public Works Department will then issue a formal letter of
acceptance for the subdivision.
E. IMPROVEMENTS
The Subdivider shall observe all the requirements and principles of land
subdivision and street layout as contained in this Ordinance. The overall
plan of any proposed subdivision shall be in conformance with the general
layout of the City of North Richland Hills Master Plan as adopted by the City
Council.
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The subdivider shall furnish, install and/or construct the water and
sewerage systems and the street and drainage facilities necessary for the
proper develop ment of the subdivision. All such facilities shall be designed
and constructed in accordance with the Design Manual. Where considered
necessary by the Public Works Director or City Engineer, the facilities shall
be sized in excess of that dictated by the Design Manual, to provide for the
future growth and expansion of the City systems. The City shall participate
in such oversized facilities provided funds are available.
When a tract of land is proposed for development and public
improvements are to be installed between or paralleling two or more tracts of
land under different ownership and participation is required by both owners,
the developer desiring to plat his land first shall:
1. If the improvements are required for the actual development of the
subdivision then the first developer shall be responsible for
obtaining the necessary right of way or easements from the
adjoining property owner or owners and for installing those
improvements at his own expense.
2. If the improvements are not required for the actual development of
the sub division then the developer shall provide all of the
easements or right of way necessary for the improvements contained
within his subdivision. In addition, the first developer shall also
pay to the City an amount of money sufficient to cover his share of
the costs of the future construction of the offsite improvements as
determined by the Director of Public Works.
3. When a tract of land is developed and there are border existing
traffic carrying streets which requires improvements an/or
additional right of way by the City Master Plan, the first Developer
is required to provide his portion of these improvements within the
limits of his own subdivision. The first Developer is not required
to obtain future right-of-way from the owner across such existing
streets; however, if ownership of land on both sides of existing
streets is the same, then the Developer is required to provide all
right-of-way and improvements as req uired to meet further City
needs.
F . V ARIA N C E S
The Planning and Zoning Commission may recommend certain deviations to
the Ordinance which are deemed to be in the best interest of the City and
the City Council may approve a variance from these subdivision regulations
authorizing the deviations when, in its opinion, strict compliance with the
Ordinance would not serve the public need.
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S E C T ION 1-02
PRELIMINARY PLAT
A. GENERAL
The subdivider shall cause to be prepared a preliminary plan by an
Engineer, Land Planner or Surveyor in accordance with this Ordinance and as
shown on the following page.
A Preliminary (Or Overall) Plan of Development shall show all the
planning factors necessary to enable the Planning and Zoning Com mission
to determine whether the proposed plan for subdivision and development is
satisfactory from the standpoint of public interest and in accordance with the
planning standards of the Master Plan and the Zoning Ordinance as well as
the provisions of this Ordinance. The "Overall Plan of Develop ment" shall be
prepared by a qualified professional trained and experienced in subdivision
design, and particularly shall include a preliminary drainage study by a
registered professional engineer.
B. PLACE FOR FILING AND COPIES REQUIRED
The subdivider shall file the Preliminary Plat with the City by completing
the Preliminary Plat Application and Checklist and submitting the appropriate
filing fees to the Planning and Zoning Coordinator.
C. FORM AND CONTENT
The Plat shall be drawn on sheets which are a maximum of 24" X 36" in
size, with a binding margin of not less than 1-1/2" on the left side of the
sheet. The plat shall be drawn at a numerical scale no greater than 1" =
100'. At the Engineer's discretion the plat may be drawn at a numerically
smaller scale, i.e., 1" = 50', 1" = 40', etc. if the plat can sdll be drawn on
the required 24" x 36" sheet size including all titles, dedications and other
required data. Whenever the size of the subdivision is such that the full
area cannot be covered on a single sheet with space for titles and other
required identification, the plat may be drawn on a number of separate sheets
with matching lines to facilitate the joining of the individual sheets together
as a composite drawing. Where more than one sheet is so used, they shall
also be accompanied by a composite drawing of the individual sheets reduced
in scale so to fit on a single sheet to serve as a general location map of the
project. The Preliminary Plat shall show the following:
1. Proposed name of the subdivision, which shall not be a duplication
of any existing sub division name, whether by spelling or pronunciation, or
any other subdivision within the City or within its extraterritorial
jurisdiction, unless the proposed subdivision is a subsequent filing or replat
of the existing subdivision.
2. Names and addresses of the developer/subdivider, record owner,
engineer, land planner, and surveyor.
3. The location and dimensions of all proposed streets, alleys, blocks,
lots, parks, other public areas, reservations, easements or other right of way
within the subdivision. Such locations and dimensions shown on the plat shall
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be given in sufficient detail to show compliance with the requirements of the
Ordinance and with the provisions of the City Zoning Ordinance in respect to
the size and orientation of the lots as required by the zoning of the subject
tract.
4. Names of contiguous subdivisions and the plat layout of such
su b divisions.
5. The current zoning of the proposed subdivision and all adjacent
tracts and/or subdivisions surrounding the proposed subdivision.
6. Lot sizes and dimensions shall be given in sufficient detail to verify
compliance with the specific requirements of the Zoning District(s) on the
property.
7. Description, by metes and bounds, of the subdivision boundary
and locate the tract to be sub divided on a location map at a scale of I" =
1,000' or I" = 2000', which shall show the existing subdivisions, streets,
easements, rights-of-way, parks and public facilities in the vicinity. The
proposed subdivision boundary lines shall be delineated on the Preliminary
Plat in heavy lines to provide a differentiation as to the area proposed for
platting. T he acreage of the total area of the proposed plat shall be shown
prominently on the plat.
8. Existing site features of the area shall be shown as follows:
(a) The location and name of all existing or recorded streets,
alleys, reservations, easements or other public right of way
within the subdivision, intersecting or contiguous with its
boundaries or forming such boundaries.
(b) The location, and name of all existing or recorded residential
lots, parks, public areas, permanent structures and
other sites within or contiguous with the subdivision.
9. The location and flow line of existing water courses and drainage
structures within the subdivision and/or contiguous tracts where the
contiguous properties will affect the drainage design of the proposed
subdivision or the drainage system of the proposed subdivision will affect the
contiguous properties.
10. Topographical information shall include contour lines on a basis of
two (2') vertical feet or less. Data from City Topo Maps will. be acceptable
where available. Data from US G A Quad sheet with interpertations to two (2)
feet contours will. be acceptable where city topo maps are not available.
Any off-site or adjoining areas outside the limits of the area to be
platted which are relevant to drainage shall have similar topography or
otherwise shall be level surveyed to give reasonable verification of the limits
of such off-site drainage areas, and all such off-site drainage areas shall be
shown on the drainage plan. The datum for all topography shall be that of
the United States Coast and Geodetic Survey, City of North Richland Hills
datum or other recognized datum source as approved by the City, with contours
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developed from field level surveys or from approved aerial photogrammetric
interpretation of contours based on the proper control data. Topography
shall be sufficiently detailed to establish all drainage areas (and subareas).
Delineation of drainage areas and all flow arrows shown should represent flow
pattern of runoff after all proposed improvements have been installed and all
lots have been developed. Professionals with responsibility for accuracy of
topograp hy shall affix their professional seal on the drainage plan along with
a signed certificate of responsibility for the topography and delineation of the
drainage areas. (See Example Below).
I, , a Professional Engineer
registered in the State of Texas, have prepared this drainage study in
compliance with the latest published requirements and criteria of the City of
North Richland Hills, and have verified that the topographic information used
in this study is in compliance with said requirements and is otherwise suitable
for developing this workable overall Plan of Drainage which can be
implemented through proper subsequent detailed construction planning.
SIGNATURE
, P. E., SEAL
11. A number or letter to identify each lot or tract and each block.
12. A developer desiring to sub mit a Final Plat for any parcel or tract
of land, must first submit a Preliminary Plat of all contiguous lands owned by
him or under interlocking ownership within which the tract proposed for final
platting is located. The limits of the required Preliminary Plat may be
reduced by authorization of the Economic Development Department if the
reduced limits of the preliminary platting are reasonable and consistent with
the City's planning objectives. The Preliminary Plat shall include a layout of
the entire area showing the tentative proposed layout of streets, blocks,
drainage, water, sewer and other future improvements for such areas. If
desired by the subdivider, the Preliminary Plat may indicate how the
subdivision is to be phased for final platting. The overall layout, if
approved by the Commission, shall be attached to and filed with a copy of the
approved Final Plat in the permanent files of the City. Thereafter, plats of
subsequent units of such subdivision shall conform to such approved overall
layout and phasing, unless a new Preliminary Plat is submitted and approved
by the Commission.
13. Front building set-back lines should be shown on all lots or tracts
in accordance with the requirements of the City Zoning Ordinance for the
proper districts (s) . Side yard building set-back lines should be shown on
side yards of lots with side street frontage.
14. The Preliminary calculation of the drainage areas and run-off
showing design storm frequency and other appropriate design criteria.
D. PROCESSING OF PRELIMINARY PLATS
1. Upon receipt of the Preliminary Plat and the required Engineering
Plans with the necessary filing fees, the Director of Economic Development
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or his designee shall check the Preliminary Plat as to its conformity with the
City's Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance, lot size
requirements, subdivision and street names and other applicable City
standards. The Director of Economic Development shall provide a written
critique of the plat for the use of the applicant and his engineer.
2. The Planning and Zoning Coordinator shall refer a copy of the
Preliminary Plat and the Engineering Plans to the Public Works Department
for review of the conformance of the plans to the standards and specifications
of this Ordinance. The Public Works Department shall prepare a written
critique of the engineering plans which shall be returned to the Planning and
Zoning Coordinator for distribution to the applicant and his engineer in
conjunction with the review comments of the Director of Economic
Develop ment.
3. A copy of all Preliminary Plats shall be sent to the various
franchise utiJities doing business in the City to solicit their comments
regarding the need for easements, right of way, etc.
4. After the applicant and his engineer are provided a copy of the
Staff comments on the plat and the Public Works Department/City's Engineer's
com ments on the engineering plans, the applicant and his engineer shall
respond to the com ments in writing. The Preliminary Plat and the written
comments from the City Staff along with the response from the subdivider and
his engineer shall comprise the docket material for the consideration of the
Planning and Zoning Commission along with any other pertinent data which
the City Staff shall assemble for the use of the Planning and Zoning
Com mission.
5. When all requirements are completed or if the necessary
requirements can be stipulated to be provided on the Final Plat, the
Commission may consider the plat at the next available regularly scheduled
Planning and Zoning Com mission meeting.
6. Once Preliminary Plat approval has been given by the Planning and
Zoning Commission the applicant may proceed with preparation and submittal
of a Final Plat Application. If a Final Plat Application has not been submitted
on at least a portion of the area covered by the Preliminary Plat within one
(1) year from the date of the approval of the Preliminary Plat by the
Commission, the Preliminary Plat becomes null and void. If in the event that
only a portion of the Preliminary Plat has been submitted for Final Plat
action, those areas not platted within three (3) years of the date of
Preliminary Plat approval shall be null and void unless an extension of time is
granted by the Planning and Zoning Commission.
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SEC TION 1-03
FINAL PLAT AND CONSTRUCTION PLANS
A. GENERAL
No subdivision of land shall be accomplished without proper submittal,
approval and adoption of a Final Plat in accordance with this Ordinance and
in conformance with the Master Plan of the City of North Richland Hjlls,
Texas. The Final Plat must be prepared and sealed by a registered Public
Surveyor and must be accompanied by the necessary engineering construction
plans, prepared and sealed by a Registered Professional Engineer, licensed to
practice in the State of Texas and must be representative of the layout and
configuration as approved in the Preliminary Plat.
B. TIME AND PLACE FOR FILING
The subdivider shall file the Final Plat by submittal of the completed
Final Plat Application and Checklist along with the necessary copies of the
plat and engineering plans to the Planning and Zoning Coordinator with the
req uired fees. The deposit of and acceptance of the fees shall constitute
formal re quest for plat consideration.
C. FORM AND CONTENT
1. The final plat and accompanying data shall conform to the
Preliminary Plat as approved by the Commission incorporating any and all
changes, modifications, alterations, corrections and stipulations imposed by
the Commission. Only those portions of the Preliminary Plat constituting a
full phase may be submitted as a Final Plat.
2. The final plat shall be drawn on individual sheets not exceeding 24
inches X 36 inches in size with a left hand margin of 1-1/2 inches. The plat
shall be drawn at a numerical scale no greater than 1" = 100'. At the
engineer's discretion the plat my be drawn at a numerically smaller scale, i.e.
1" = 50', 1" = 40', etc. Where the entire plat cannot be drawn on a single
page, the plat may be placed on multiple sheets. In this instance an index
sheet or drawing of the entire subdivision, at an appropriate scale shall be
included.
3. In addition to the various requirements for the Preliminary Plat, the
Final Plat shall also include the following:
(a) Proposed name of subdivision, indicating if the proposed
subdivision is an extension or subsequent filing of an existing
subdivision.
(b) Owner's acknowledgement and subdivision dedication. (see
example below). The dedication shall contain an exact metes
and bounds description of the plat being submitted. The
boundary lines of the proposed subdivision shall be delineated
on the Final Plat in heavy lines and the metes and bounds
description of each line shall be inscribed thereon.
(c) The exact location, dimensions, name and description of all
existing or recorded streets, alleys, reservations, easements,
or other public right-of-way within the sub division,
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intersecting or contiguous w1t:h its boundary or forming such
boundary, w1t:h accurate dimensions, bearings or deflecting
angles and curve data as required to adequately describe such
features.
(d) The exact location, dimensions, description and name of all
proposed streets, alleys, drainage, right of way, parks, other
public areas, reservations, easement or other right of way,
blocks, lots and other tracts w1t:hin the subdivision w1t:h
accurate dimensions, bearings, or deflecting angles and curve
data as required to adequately describe such features.
(e) General easements for the use of public utilities of not less
than seven and one-half (7.5') feet in width shall be provided
on each side of all rear property lines. If necessary for the
extension of water or sewer mains, storm drainage or other
utilities, easements of greater width may be required along lot
Jines or across lots. In all cases, easements shall connect w1t:h
easements already established in adjoining properties or extend
to connect w1t:h public right of way.
(f) Surveyor's Certificate w1t:h seal for Plat (See example below)
and Engineer's seal for Construction Plans.
(g) A statement noting the Planning and Zoning Commission's
approval with appropriate blanks for signatures. (See example
below). The size of the Commission acknowledgement shall be
a minimum two (2) inches by four (4) inches.
(h) A statement noting the C1t:y Council's approval with the
appropriate blanks for signatures. (See example below). The
size of the City Council acknowledgement shall be a minimum
two (2) inches by four (4) inches.
ST A TE OF TEXAS §
OWNER'S ACKNOWLEDGEMENT AND DEDICATION
COUNTY OF
§
I (we), the undersigned, owner(s) of the land shown on this plat within
the area described by metes and bounds as follows:
(Metes and Bounds Description of Boundary)
and designated herein as the subdivision to the
City of North Richland Hills, Texas, and whose name is subscribed hereto,
hereby dedicate to the use of the public all streets, alleys, parks, water
courses, drains, easements, rights-of-way and public places thereon shown
for the purpose and uses therein expressed or shown on the plat.
Owner
STATE OF TEXAS §
COUNTY OF §
B EF 0 RE ME, the undersigned authority, on this day personally
appeared , known to me to be the
person(s) whose name(s) is (are) subscribed to the foregoing instrument, and
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acknowledged to me that (he) (she) (they) executed the same for the
purposes and considerations therein stated.
Given under my hand and seal of office this
19
day of
Notary Public in and for the State of
Texas
My Com mission expires
, 19
STATE OF TEXAS
COUNTY OF
§
§
CERTIFICATE OF SURVEYOR
WHO PREPARED PLAT
I, the undersigned, a (registered public surveyor/licensed land
surveyor) in the State of Texas, hereby certify that this plat is true and
correct and was prepared from an actual ground survey of the property made
under my supervision.
(Surveyor's Seal)
Registered Public Surveyor or Licensed
Land Surveyor
THE PLANNING AND ZONING
COMMISSION OF NORTH
RICHLAND HILLS ON
(date) 19
VOTED AFFIRMATIVELY TO
RECOMMEND APPROVAL OF THIS
B Y THE C I T Y C 0 U N C IL
THE CITY COUNCIL OF
NORTH RICHLAND HILLS ON
(date) ,19, VOTED
AFFIRMATIVELY TO APPROVE THIS
PLAT FOR FILING OF RECORD
PLAT
BY:
BY:
CHAIRMAN
MAYOR
ATTEST:
ATTEST:
SECRETARY
CITY SECRETARY
Recommend AdopdDn by
Planning and Zoning
Commission.
Statement of Adoption by City
Council.
(i) Complete construction plans shall be submitted for all water,
sanitary sewer, street and drainage improvements, alleys, and
sidewalks, if any, and other improvements to be constructed.
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These plans shall be submitted in accordance with the design
manual and shall be subject to the approval of the Public Works
Department.
E. PROCESSING OF FINAL PLAT AND CONSTRUCTION PLANS
1. An applicant wishing to have a Final Plat considered must submit a
completed Final Plat application and Checklist and the necessary filing fees
accompanied by the appropriate number of copies of the Final Plat and
Engineering Construction Plans (refer to the Design Manual for the
appropriate format) for the proposed subdivision. Acceptance of these
documents will constitute an official filing of the Final Plat for consideration
by the Planning and Zoning Com mission.
2. Upon receipt of the Final Plat with Construction Plans and the
required filing fees together with the completed Application and Checklist
Forms, the Director of Economic Development or his designated subordinate
shall check the plat as to its conformity with the City's Comprehensive Plan,
Land Use Plan, Zoning Districts, lot size requirements, subdivision and street
names and other applicable City Standards.
3. No subdivision plat shall be submitted to the City Council for final
approval unless and until all taxes, assessment, charges and other monetary
obligations due to the City of North Richland Hills and currently outstanding
on the property are paid. Receipts of such payment must be sub mitted with
the Final Plat application to the Planning and Zoning Coordinator.
4. The Planning and Zoning Coordinator shall transmit one (1) copy of
the final plat and construction plans to the Public Works Department for
review as to the conformity with applicable engineering standards and
specifications set forth herein as well as with generally accepted engineering
principles. The Public Works Department shall return the plans to the
Planning and Zoning Coordinator with their suggestions as to modifications,
additions, alterations or other matters pertinent to the plat and plans.
5. The Planning and Zoning Coordinator shall provide to the applicant
and his engineer the written critiq ue of the Economic Develop ment Department
and the Public Works Department. The applicant will be required to provide
written response to all the Staff com ments as to his compliance, modifications
of the plans, and alterations made to satisfy the Staff comments. The Final
Plat and the written comments from the City Staff along with the response
from the subdivider and his engineer shall comprise the docket material for
the consideration of the Planning and Zoning Com mission along with any other
pertinent data which the City Staff shall assem ble for the use of the Planning
and Zoning Commission.
6. At the next available regularly scheduled Planning and Zoning
Commission meeting the Commission may take action on the plat, if all
requirements and City comments are completed. The Commission shall then
forward the plat to the City Council with the Commission recommendation for
approval or with enumerated stipulations.
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7. In the event that the Commission determines that a Final Plat is not
in com pJiance w:ií:h the 0 rdinance or does not meet the necessary cr:ií:eria for
approval, the Commission shall disapprove the Final Plat. Disapproval by the
Commission shall be final and no recommendation will be sent to C:ií:y Council.
Should an applicant desire to appeal the action of the Planning and Zoning
Com mission he may file a notice of appeal with the Planning and Zoning
Coordinator within ten (10) days of the hearing before the Commission in
which the denial action was taken. The Planning and Zoning Coordinator will
schedule the appeal hearing before the City Council at the next available C:ií:y
Council agenda.
8. Disapproval of a plat by the Commission and the City Council shall
be deemed a refusal by the City to accept the offered dedications shown
thereon.
9. The City Council may schedule the plat for hearing at its next
available regularly scheduled agenda. All docket materials which were
subm:ií:ted to the Planning and Zoning Commission for consideration along with
a Staff Report Cover Sheet indicating the recommendation of the Planning and
Zoning Commission shall comprise the agenda material provided for the City
Council hearing. The C:ií:y Council may approve the submitted Final Plat,
deny the plat or approve the plat with stipulations. T he action of the City
Council shall be final in the consideration of the proposed plat.
10. Upon receipt of three (3) Mylar Sepia Reproductions, approved and
adopted by the City Council, the Planning and zoning Coordinator shall
secure the necessary signatures from the Mayor, City Secretary, Planning
and Zoning Chairman and Planning and Zoning Secretary. The Planning and
Zoning Coordinator shall also verify that all required covenants have been
accepted by the applicant. Upon verification of these matters the Planning
and Zoning Coordinator shall subm:ií: the plat documents (three (3) Mylar
Sepias) to the Developer's Engineer for Filing with the Tarrant County Plat
Records Office. The Developer's Engineer shall have the plat recorded and
return to the Planning and Zoning Coordinator one (1) Mylar Sepia duly
recorded. Upon receipt of the official filed Mylar Sepia of the plat, the
Planning and Zoning Coordinator will place the official plat in the C:ií:y Plat
File.
11. The approval and adoption of the Final Plat shall be valid only if
the processing is completed and the plat is filed of record w:ií:hin one hundred
eighty (180) days of the date of the City Council approval. If delay is
caused by Subdivider, then the subdivider must obtain an extension of time
from the Planning and Zoning Commission if he wishes the plat to be filed and
such extension may be e:ií:her granted or denied by the Commission, at their
option.
12. Approval of the Final Plat by the City Council, and receipt of the
official filed copy from the county, authorizes the Developer to proceed with
the installation of the public facilities in the subdivision as approved in the
engineering plans.
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SE C TIO N 1-04
REPLA T S
A Replat is required any time it is proposed to sub divide an existing platted
lot or tract into smaller lots or any time it is proposed to combine existing
smaller lots or tracts into a larger tract.
A . 0 W N E R SHIP
A proposed Replat must be formatted to include all of the property
within the existing lot or lots which are currently filed of record. No Replat
may be approved which does not contain the signatures of all the affected
property owners.
B. PROCEDURES
1. The procedures to be followed for replatting preparation are the same as
those for the preparation of Final Plats. Replats will be reviewed for
completeness by the Economic Development Department and for Engineering
Requirements by the Public Works Department.
2. Any replat involving an existing residential subdivision limited to one or
two family residences or any lots which were, in the past five years, limited
to one or two family residences by zoning or deed restrictions shall be
subject to foJlowing conditions in addition to the other provisions of this
section.
A. The Planning and Zoning Com mission shall hold a public hearing
on the proposed replat to allow parties with an interest to be
heard.
B. Notice of the public hearing before the Commission shall be
given in the following manner:
(1) At least fifteen (15) days prior to the date of the
Commission meeting official notice of the public hearing
shall be published in the City's official newspaper.
(2) Written notice of the public hearing shall be mailed to all
property owners within the existing plat. Should the
existing plat contain more than one hundred (100) lots,
the required notice will be sent to the owners of all lots
in the Subdivision within five hundred (500) feet of the
proposed replat. Such notices shall be mailed not less
than fifteen (15) days prior to the scheduled meeting.
C. If the owners of twenty (20%) percent, or more, of the lots to whom
notice is made, file with the Planning and Zoning Commission a
written protest of the proposed replatting, prior to or at the public
hearing, then approval of the plat may proceed only if the
subdivider secures written consent of the owners of at least sixty
six and two-thirds (66 2/3%) percent of the lots to whom notice was
made.
D. Proposed replats which are submitted solely for purpose of meeting one
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or more of the following criteria may be exempted from the public
hearing process of Section 2 above.
(1) To correct an error in any course or distance shown on
the prior plat.
(2) To add any course or distance that was omitted on the
prior plat.
(3) To correct an error in the description of the real
property shown on the plat.
(4) To indicate monuments set after death, disability, or
retirement from practice of the surveyor charged with
responsibilities for setting monuments.
(5) To show the proper location or character of any monument
which has been changed in location or character or which
originally was shown at the wrong location or incorrectly
as to its character on the prior plat.
(6) To correct any other type of scrivener or clerical error
or omission as previously approved by the City Council;
such errors and omissions may include, but are not
limited to, lot numbers, acreage, street names, and
identification of adjacent recorded plats.
(7) To correct an error in courses and distances of lot lines
between two adjacent lots where both lot owners join in
the application for plat amendment and neither lot is
abolished, provided that such amendment does not attempt
to remove recorded covenants or restrictions and does
not have a materially adverse effect on the property
rights of the other owners in the plat.
(8) To relocate a lot line in order to cure an inadvertent
encroachment of a building or improvement on a lot line
or easement.
3. Replats will be considered by the Planning and Zoning Commission
upon completion of the comments from the Staff and City Engineer.
The Planning and Zoning Commission will make a recommendation to
the City Council as to the disposition of the proposed replat.
4. The City Council will consider a proposed replat upon the
recommendation of the Planning and Zoning Com mission. No replat
shall be considered by the City Council on which the required fees
and assessments have not been paid or on which the necessary
covenants and contracts have not been executed by the developer.
5. Filing of approved Replats shall be processed by the Planning and
Zoning Coordinator in exactly the same manner as Final Plats.
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SE C TIO N 1-05
SHORT FORM PLATS
A Short Form Plat request may be submitted on a property if the
following conditions are met.
1. There must be an existing building on the lot capable of being
occupied as a legal residence or business.
2. The lot must not have any apparent drainage problems or contribute
to or cause a drainage problem on another tract. The City Engineer will
review the Master Drainage Plan of the City in relation to the proposed lot to
determine whether a drainage study may be required by the applicant's
engineer in order to satisfy this provision.
3. The subject tract must be less than five (5) acres in size.
4. The lot must front on a paved dedicated street and additional right
of way shall be dedicated if needed.
5. All ut:ili.ties required to serve the lot are in place or arrangements
to provide same have been made with appropriate easements being shown on
the plat.
When all of the foregoing conditions have been met the applicant may
submit a Short Form Plat for Final Plat consideration by the Planning and
Zoning Commission and the City Council.
Processing of the Plat Application will follow the same procedures as
those of a Final Plat.
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SECTION 1-06
CITY-DEVELOPER AGREEMENTS
In the event that the Developer of a proposed subdivision requests
participation by the City in the construction of the public fac:iJities and that
participation is approved by the City Council and the total participation costs
by the City exceed $5000, then the Developer must execute a City-Developer
Agreement. (See attached forms).
CITY- DEVELOPER AGREEMENT
THE STATE OF TEXAS §
THE COUNTY OF §
KNOW ALL MEN BY THESE PRESENTS:
That (Individuals Name)
-
an individual doing
-
(Company Name)
(or) a Corporation
business as
organized under the laws of
(State)
(or) a Partnership
consisting of
(N ames)
of the
County of
(County)
State of
(State)
, hereinafter
called Developer, and the City of North Richland Hills, Tarrant County,
Texas, hereinafter called City, enter into the following contract:
In consideration of the mutual covenants herein contained and for the
purpose of providing
(Improvements)
as indicated in the construction documents titled
(Plan Title)
to serve
(Plat Title)
an Addition to the City of North Richland
Hills, Texas, the Developer and the City hereto agree:
1. The Developer agrees to pay the City all inspection and processing fees
and furnish all permits, easements, and right-of-way as required for the
construction of the above referenced facilities. In ad dition, at no cost
to the City, the Developer agrees to have complete construction plans,
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speclikations and all other necessary contract documents prepared by a
registered professional engineer and also furnish construction surveying,
cut sheets and field adjustments.
2. The Developer agrees to post with the City a cash deposit to be placed
in escrow or an "Irrevocable Com mercial Letter of Credit" in the amount
equal to the total construction costs. Such letter of credit shall be in
compliance with the requirements of the City's Ordinances. The
Developer will enter into a contract with the Contractor who will perform
the work and who will be paid by the Developer as specified in the
construction contract documents. Monthly pay estimates shall be subject
to City review.
3. The Developer agrees to provide at no cost to the City, all testing
necessary to insure that the construction is in accordance with the
speclikations and city standards.
4. The Developer understands and agrees that he has no authority to
cancel, alter or amend the terms of the construction contract without
specific written authority of the City and that he shall be responsible
for paying the costs of any cancellations, additions, alterations, or
amendments to the Contract unless specifically provided otherwise by
written authorization from the City.
5. The Developer agrees to require the selected contractor to provide to
the City on City forms, maintenance bonds in the amount of twenty (20%)
percent of the contract price. The bond shall be sub mitted prior to
commencing with construction and shall be good for two years
commencing with the approved completion of the facilities.
6. T he City agrees to participate in the cost of the facilities after
construction is complete and accepted. The description and amount of
participation is as follows:
7. The City will provide the inspections as required and upon satisfactory
completion of the work, the City will accept ownership and operation of
the system subject to the terms of the maintenance bonds.
8. The DEVELOPER further covenants and agrees to, and by these presents
does hereby, fully idemnliy, hold harmless and defend the City, its
officers, agents, and employees from all suits, actions or claims of any
character, whether real or asserted, brought for or on account of any
injuries or damages sustained by any persons (including death) or to
any property, resulting from or in connection with the construction,
design, performance or completion of any work to be performed by said
DEVELOPER, his contractors, subcontractors, officers, agents or
employees, or in consequence of any failure to properly safeguard the
work, or on account of any act, intentional or otherwise, neglect or
misconduct of said DEVELOPER, his contractors, sub-contractors,
offkers, agents or employees, whether or not such injuries, death
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or damages are caused, in whole or in part, by the alleged negligence
of the City of North Richland Hills, its officers, agents, servants,
employees, contractors or subcontractors.
9. Upon completion of the work good and sufficient title to all facilities
constructed warranted free of any liens or encumbrances is hereby
vested in the City of North Richland Hills.
10. Special provisions:
IN WITNESS WHEREOF, the parties to these presents have executed this
Contract in five (5) counterparts, each of which shall be deemed an original
on this the day of , 19
DEVELOPER
(SEAL)
BY
CITY
ATTEST:
CITY SECRETARY
BY
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THE STATE OF TEXAS §
COUNTY OF §
appeared
BEF 0 R E ME, the undersigned authority, on this day personally
known to me to be the
person whose name is subscribed to the foregoing instrument, and
acknowledges to me that he executed the same for the purposes and
considerations therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS
,19_
day of
Notary Public in and for
County, Texas
My Commission expires
, 19
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SECTION 1-07
CON T RA C TIN G CON S T R U C TIO N
A. PROCEDURE
On projects not requ1rJ.Ilg City Developer Agreement the Final Plat
Approval authorizes the Developer to proceed with construction of the water,
sewer, street drainage and traffic facilities required by the Engineering
Plans. All construction shall be in accordance with the applicable Sections of
this Ordinance. The Developer may choose his own contractor subject to the
contractor executing the necessary bonds with the City and payment of the
Inspection fees required for each portion of the public facilities.
B. CITY PARTICIPATION
In developments where, by reason of City policy, the City Council deems
it advisable to participate in the community facilities being constructed to the
extent of five thousand ($5,000) dollars or more, the contract for such
construction shall always be advertised for bids in accordance with the City's
Charter and shall require the execution of a City-Developer A greement as
noted above. The Developer shall deposit with the City the funds or
acceptable security as required by the applicable City Ordinances, required
to pay his portion of the construction costs prior to the construction.
It shall be the responsibility of the Developer's Engineer to prepare all
contract docu ments for the use of the City and the contractor as well as all
copies of the Engineering Plans for the bidding and construction of the
project.
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SECTION 1-08
STREET AND EASEMENT VACATIONS
A. PROCEDURE
When a citizen, group of citizens or developer wishes to propose the
closing or vacation of a specific public right of way, street or easement,
which is currently in use, the following procedures must be followed:
1. A petition requesting the proposed closing or vacation must be
presented to the Economic Development Department together with the
appropriate filing fee. Such pet:ition must contain the signatures of all
property owners holding property adjacent to the portion of the street or
easement which is proposed to be vacated. In addition, a Standard Form of
Vacation Acknowledgement shall be completed and submitted for each utility
currently located within the right of way or easement.
2. The Planning and Zoning Coordinator will set a public hearing of
the proposed closing before the Planning and Zoning Com mission at a
regularly scheduled Com mission meeting.
a. Public Notices will be mailed to all property owners affected by the
proposed closing or vacation at least fifteen (15) days prior to the
sched uled meeting.
3. The Commission will conduct a public hearing allowing opportunity
for interested parties to express their opinions of the proposed closing or
vacation. At the close of the public hearing the Commission will make a
recommendation to the City Council as to the advisability of approving the
proposed closing or vacation.
4. The proposed closing or vacation will then be set for public hearing
before the City Council by the following notices.
a. The hearing will be noticed by the publishing of a legal notice in
the official City Newspaper at least thirty (30) days prior to the
schedule hearing.
b. Adjacent property owners will be notified by mail of the proposed
public hearing at least thirty (30) days prior to the scheduled
hearing.
c. Notice of the proposed hearing before the City Council will be
posted in three (3) public places within the City at least thirty
(30) days prior to the scheduled hearing.
5. The City Council will conduct the public hearing on the proposed
closing or vacation allowing opportunity for all interested parties to express
their opinions on the matter. At the close of the public hearing the City
Council will make a determination whether the evidence presented at the
hearing and the recommendation of the Planning and Zoning provide sufficient
justification for proceeding with the closure or vacation.
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6. If the City Council determines that the vacation or closure should
proceed, the City Staff will be instructed to perform the following:
a. Secure an appraisal of the value of the p hysical property involved
in the closure.
b. Advertise and accept bids for the sale of the vacated right of way
or easement.
c. Prepare and submit to the City Council for execution documents for
sale of the property involved in the vacation or closure.
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The City of
North Rich/and Hi//s
Sub Division·
Ordinance
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M',:',·:'
,~:"~. . .:p.~
... -.. ~ -. .
.....,,:....,.-- . -. '. -, -,.' .",..".:". ,",,, '" ...
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ORDINANCE NO. 1579
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An Ordinance of the City of North Richland Hills, Texas, providing
subdivision regulations for the platting and developing of subdivisions within
the limits of the City of North Richland Hills and for such other areas as may
be authorized by State Statutes; providing a severability clause; and
providing the effective date.
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WHEREAS, it is the intent of the City Council of the City of North
Richlan d Hills to promote the orderly growth of the City in conformance with
the adopted Master Plan for the City and to insure the health, safety, and
welfare of its citizens; and
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WHEREAS, the present rules and regulations of the City of North
Richland Hills regulating the platting and developing of subdivisions have
become obsolete and therefore may be inadequate to protect the public
interest; and
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WHEREAS, after holding public hearings as stipulated by the
Charter of the City, it is the opinion of the City Council of the City of North
Richland Hills that the following subdivision regulations should be adopted;
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NOW THEREFORE BE IT ORDAINED by the City Council of the City
of North Richland Hills that the attached Subdivision Regulations be and the
same are hereby adopted as the Rules and Regulations for the platting and
subdivision of land within the City of North Richland Hills and within its
extraterritorial jurisdiction. The attached "Subdivision Regulations are made
a part of this Ordinance the same as if set out verbatim in the Ordinance".
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SEVERABILITY CLAUSE
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Should any portion or part of this Ordinance be held for any reason
invalid or unenforceable, the same shall not be construed to affect any other
valid portion hereof, but all valid portions hereof shall remain in full force
and effect.
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PEN AL TIES
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A violation of any prOVlSl.On of this Ordinance shall be a misdemeanor,
punishable by a fine not to exceed one thousand ($1000) dollars. Any person
who shall violate any provision of this Ordinance shall be deemed guilty of a
separate offense for each and every day that such violation shall continue.
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The City shall have the right to institute an action in the District Court
to enjoin the violation of any provision of such 0 rdinance in its
extraterritorial jurisdiction and the District Court shall have the power to
grant any or all types of injunctive relief in such cases. The City shall have
the right to enforce the Ordinance in its entirety by Civil Suit.
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APPROVED BY THE PLANNING AND ZONING COMMISSION this
13th Day of October , 1988.
~c ý// '
~. ~-....,,~.
./' I '--¡---- ~
Chair n P1ann;~ f., Z ~~ mission
~~~~
Secretary Planning & Zoning Commission
P AS SED AND APPR 0 VED this
13th day of
March
1989.
ATTEST:
O~~/ztv Æ.J~~
J"~~tte Rewis, City Secretary
Attorney
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C IT Y 0 F NOR T H R I C H LAN D H IL L S
SUBDIVISION RULES AND REGULATIONS
ADOPTED MARCH 13 , 1989
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TABLE OF CONTENTS
PAGE
PROVIDING FOR ORDINANCE
Effective Time and Status
ADOPTION DATE PAGE
TABLE OF CONTENTS
S E C T ION 1-01 - G EN ERA L
Interpretation
Purpose
Definition s
Special Provisions
Improvements
Variances
SECTION 1-02 - PRELIMINARY PLAT
General
Place for Filing and Copies Required
Form and Content
Processing of Preli1ninary Plats
SECTION 1-03 - FINAL PLAT AND CONSTRUCTION PLANS
General
Time and Place for Filing
Form and Content
Processing of Final Plat and Construction Plans
SECTION 1-04 - RE-PLATS
Ownership
Procedures
SECTION 1-05 - SHORT FORM PLATS
SECTION 1-06 CITY DEVELOPER AGREEMENTS
SECTION 1-07 CONTRACTING CONSTRUCTION
Proce d ure
City Participation
SECTION 1-08 STREET AND EASEMENT VACATIONS
Proced ure
1-2
3
4
5-9
5
5
5
8
8
9
10-13
10
10
10
12
14-18
14
14
14
17
19-20
19
19
21
22-25
26
26
26
27-28
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C I T Y 0 F NOR T H R I C H LAN D H 1L L S
SUBDIVISION REGULATIONS
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SE C TIO N 1-01
GENERAL
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A.
INTERPRET A TION
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In the interpretation and application of the provisions of these
regulations, it is the intention of the City Council that the principles,
standards and requirements provided herein shall be the minimum requirements
for the platting and developing of subdivisions in the City of North Richland
Hills .
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B. PURPOSE
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The purpose of this Ordinance is to provide for the orderly, safe and
healthful development of the area within the City and within the surrounding
area to promote the health, safety and general welfare of the community; to
insure orderly growth of the City by promoting conformance of proposed
development with the adopted Master Plan of thé City.
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C.
D EFIN1T10 N S
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For the purpose of this Ordinance, the following terms, phrases, words,
and other derivations shall have the meaning ascribed to them in this
section:
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Alley:' A minor public right-of-way, not intended to provide
the primary means of access of abutting lots, which is used primarily for
vehicular service access to the back or sides of properties otherwise
abutting on a street.
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Building Setback Line: The line within a property defining
the minimum horizontal distance between a building or other structure
over 24" high and the adjacent street property line.
City: The City of North Richland Hills, Texas
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City Engineer: A Registered Professional Engineer on the
City Staff or firm of Registered Professional Consulting Engineers who
have specifically been designated as representing the City by Resolution
of the City Council.
Commission: The Planning and Zoning Commission of the City.
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Crosswalk Way: A public right-of-way, four (4) feet or more
in width between property lines, which provides pedestrian circulation.
Cul-de-sac: A street having but one outlet to another street,
and terminated on the opposite end by a vehicular turnaround.
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Dead-End Street: A street, other than a cul-de-sac, with
only one outlet.
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Design Manual: Refers to the North Richland HDls Public
Works Design Manual. This is a separate document which establishes
minimum criteria for approvable design of Public Works/Utilities
Improvements for the City of North Richland HDls.
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Engineer: A person duly authorized under the provisions of
the Texas Engineering Registration Act, as heretofore or hereafter
amended, to practice the profession of Civil Engineering.
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Final Plat: (Also Record Plat or Filing Plat) The one official
and authentic map of any given subdivision of land prepared from actual
field measurement and staking of all identifiable points by a Registered
or Licensed Surveyor with the subdivision location properly referenced
to a survey corner or specific landmark reference. All boundaries,
corners and curves of the land division shall be sufficiently described
so that they can be reproduced without additional references.
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Land Planner: Persons other than Surveyors or Engineers
who also possess and can demonstrate a valid proficiency in the Planning
of residential, commercial, industrial and other related developments;
such proficiency having been acquired by education in the field of
Planning or Landscape Architecture and/or by other actual experience
and practice in the field of land planning.
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Land Use Plan: A map of the City containing a graphic
representation of the proposed uses of the various land areas of the
City.
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Lot: An undivided tract or parcel of land having frontage on
a public street or approved public access easement and which is, or in
the future may be offered for sale, conveyance, transfer or
improvement; which is designated as a distinct and separate tract, and
which is identified by a tract or lot number or symbol in a duly
approved subdivision plat which has been properly filed or recorded.
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Master Plan: The officially adopted Comprehensive Master
Plan for the City of North Richland HDls.
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Neighborhood Park: Parks providing for a variety of outdoor
recreational opportunities an d within convenient distances from a majority
of the residences to be served thereby.
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Pavement Width: The portion of a street available for
vehicular traffic. Where curbs are installed, it is the portion of the
street between the faces of the curbs.
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Person: Any individual, association, firm, corporation,
governmental agency, or political subdivision.
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Preliminary Plat: (Also Preliminary Development Study,
Overall Plan of Development, etc.) The graphic expression of the
proposed overall plan for subdividing, improving and developing a tract
shown by superimposing a scale drawing of the proposed land division on
a topograp hie map and showing in plan existing and proposed drainage
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features and facilities, street layout and direction of curb water flow,
and other pertinent features with notations sufficient to sub stantially
identify the general scope and deta:il of the proposed development.
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Replat: A Platting action submitted for the purpose of
sub dividing an existing recorded Lot or Tract into smaller lots or to
re-combine smaller existing recorded lots or tracts into a larger tract.
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Shall, May: The word "shall" is always mandatory. The word
"may" is merely directory.
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Will, Should: The word "will" is always mandatory. The word
"should" is merely directory.
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Street: A public right-of-way, however designated,
which provides vehicular access to adjacent lands. In accordance with
the Master T horou g hfare Plan of the City, certain specific streets may
be designated under the following criteria based upon their traffic
capacities.
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(1) Major thoroughfares provide vehicular movement from one
neighborhood to another, to distant points within the
Urban Area or to Freeways or Highways leading to other
com m unities.
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(2) Collector Streets provide vehicular circulation within
neighborhoods and from minor streets to major
thorou g hfares.
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(3) Local Residential Streets are primarily for providing
direct vehicular access to abutting properties.
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Subdivider: Any person or any agent thereof, dividing or
proposing to divide land so as to constitute a subdivision as that term is
defined herein. In any event, the term "subdivider" shall be restricted
to include only the owner, equitable owner or authorized agent of such
owner or equitable owner, of land sought to be subdivided.
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Sub division: A division of any tract of land situated within
the corporate limits of the City, or within the extra-territorial
jurisdiction of such limits, in one or more parts for the purpose of
creating lots for sale, for the purpose of identification, and/or to
provide for the dedication of streets, alleys and easements. Sub division
includes re-subdivision (replat)
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Surveyor: A licensed State Land Surveyor or a Registered
Public Surveyor, as authorized by the applicable State Statutes to
practice the profession of surveying.
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J1tility Easement: An interest in land granted to the City, to
the public generally, and/or to a private utility corporation, for
installing and maintaining utilities across, over or under private land,
together with the right to enter thereon with machinery and vehicles
necessary for the maintenance of said utilities.
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Any office referred to in this Ordinance by title means the person
em ployed or appointed by the City in that position, or his duly
authorized representative.
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Definitions not expressly prescribed herein are to be construed in
accordance with customary usage in municipal planning and engineering
practices.
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D.
SPECIAL PRO VISIO N S
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1. No Building Permit for construction shall be issued by the City for
any structure on a lot in a subdivision, or on any parcel of property for
which a Final Plat has not been approved and filed for record. However, a
Building Permit for residential construction on an existing structure may be
issued on an unplatted lot. If the value of such construction does not exceed
fifty (50) percent of current value of the existing structure.
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2.
all public
inspected
In residential subdivisions, Building Permit:s will not be issued until
facilities approved in the construction plans have been installed and
by the Public Works Department.
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3. In commercial and industrial subdivisions, Building Permits may be
issued upon completion of the utility systems to a point where required fire
hydrants and fire protection systems have been installed and are functional to
provide protection for the buildings under cons~ruction. In cases where
Building Permits are issued prior to all public facilities being completed, no
Certificate of Occupancy for any building will be issued until such time as all
construction of public facilities has been completed and accepted by the Public
Works Department.
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4. The City will not issue building permits on any subdivision which
remains unapproved by the Public Works Department for a period of four
years or more from the date of the Final Plat approval until a current
engineering review of said plat has been conducted.
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5. Construction shall not start on any street, sidewalk, drainage,
uti1ity or public improvement until a Public Works Construction Permit and an
acceptable two (2) year maintenance bond has been issued for all facilities in
the subdivision or the approved phase of the said subdivision.
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6. Upon approved completion of the construction of the public
facilities, the developer's engineer shall submit to the Public Works
Department a complete set of "as-built" documents of the project along with a
complete accounting of all construction units "as-built" and the total project
cost. The Public Works Department will then issue a formal letter of
acceptance for the subdivision.
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E.
IMPROVEMENTS
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The Subdivider shall observe all the requirements and principles of land
sub division and street layout as contained in this Ordinance. The overall
plan of any proposed subdivision shall be in conformance with the general
layout of the City of North Richland H:ills Master Plan as adopted by the City
C ou ncil.
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The subdivider shall furnish, install and/or construct the water and
sewerage systems and the street and drainage facili.ti.es necessary for the
proper development of the subdivision. All such facilities shall be designed
and constructed in accordance with the Design Manual. Where considered
necessary by the Public Works Director or City Engineer, the facilities shall
be sized in excess of that dictated by the Design Manual, to provide for the
future growth and expansion of the City systems. The City shall participate
in such oversized faci1it:ies provided funds are available.
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When a tract of land is proposed for development and public
improvements are to be installed between or paralleling two or more tracts of
land under different ownership and participation is required by both owners,
the developer desiring to plat his land first shall:
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1.
If the improvements are required for the actual development of the
subdivision then the first developer shall be responsible for
obtaining the necessary right of way or easements from the
adjoining property owner or owners and for installing those
improvements at his own expense.
2.
If the improvements are not required for the actual development of
the su b division then the developer shall provide all of the
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easements or right of way necessary for the improvements contained
within his subdivision. In addition, the first developer shall also
pay to the City an amount of money sufficient to cover his share of
the costs of the future construction of the offsite improvements as
determined by the Director of Public Works.
3.
When a tract of land is developed and there are border existing
traffic carrying streets which requires improvements an/or
additional right of way by the City Master Plan, the first Developer
is required to provide his portion of these improvements within the
limits of his own subdivision. The first Developer is not required
to obtain future right-of-way from the owner across such existing
streets; however, if ownership of land on both sides of existing
streets is the same, then the Developer is required to provide all
right-of-way and improvements as required to meet further City
needs.
F. V A RIA NeE S
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The Planning and Zoning Commission may recommend certain deviations to
the Ordinance which are deemed to be in the best interest of the City and
the City Council may approve a variance from these subdivision regulations
authorizing the deviations when, in its opinion, strict compliance with the
Ordinance would not serve the public need.
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S E C T ION 1-02
PRELIMINARY PLAT
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A.
GENERAL
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The subdivider shall cause to be prepared a preliminary plan by an
Engineer, Land Planner or Surveyor in accordance with this Ordinance and as
shown on the following page.
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A Preliminary (Or Overall) Plan of Development shall show all the
planning factors necessary to enable the Planning and Zoning Commission
to determine whether the proposed plan for subdivision and development is
satisfactory from the standpoint of public interest and in accordance with the
planning standards of the Master Plan and the Zoning Ordinance as well as
the provisions of this Ordinance. The "Overall Plan of Development" shall be
prepared by a qualified professional trained and experienced in subdivision
design, and particularly shall include a preliminary drainage study by a
registered professional engineer.
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B. PLACE FOR FILING AND COPIES REQUIRED
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The subdivider shall file the Preliminary Plat with the City by completing
the Preliminary Plat Application and Checklist and submitting the appropriate
filing fees to the Planning and Zoning Coordinator.
C. FORM AND CONTENT
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The Plat shall be drawn on sheets which are a maximum of 24" X 36" in
size, with a binding margin of not less than 1-1/2" on the left side of the
sheet. The plat shall be drawn at a numerical scale no greater than 1" =
100'. At the Engineer's discretion the plat may be drawn at a numerically
smaller scale, Le., 1" = 50', 1" = 40', etc. if the plat can still be drawn on
the required 24" x 36" sheet size including all titles, dedications and other
required data. Whenever the size of the subdivision is such that the full
area cannot be covered on a single sheet with. space for titles and other
required identification, the plat may be drawn on a nu mber of separate sheets
with matching lines to facilitate the joining of the individual sheets together
as a composite drawing. Where more than one sheet is so used, they shall
also be accompanied by a composite drawing of the individual sheets reduced
in scale so to fit on a single sheet to serve as a general location map of the
project. The Preliminary Plat shall show the following:
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1. Proposed name of the subdivision, which shall not be a duplication
of any existing sub division name, whether by speDing or pronunciation, or
any other subdivision within the City or within its extraterritorial
jurisdiction, unless the proposed subdivision is a subsequent filing or replat
of the existing subdivision.
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2. Names and addresses of the developer/subdivider, record owner,
engineer, land planner, and surveyor.
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3. The location and dimensions of all proposed streets, alleys, blocks,
lots, parks, other public areas, reservations, easements or other right of way
within the sub division. Such locations and dimensions shown on the plat shall
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be given in sufficient detail to show compliance with the requirements of the
Ordinance and with the provisions of the City Zoning Ordinance in respect to
the size and orientation of the lots as required by the zoning of the subject
tract.
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4. Names of contiguous subdivisions and the plat layout of such
su b divisions.
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5. The current zoning of the proposed subdivision and all adjacent
tracts and/or subdivisions surrounding the proposed subdivision.
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6.
com pliance
property.
Lot sizes and dimensions shall be given in sufficient detail to verify
with the specific requirements of the Zoning District(s) on the
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7. Description, by metes and bounds, of the subdivision boundary
and locate the tract to be sub divided on a location map at a scale of 1" =
1,000' or 1" = 2000', which shall show the existing subdivisions, streets,
easements, rights-of-way, parks and public facilities in the vicinity. The
proposed subdivision boundary.lines shall be delineated on the Preliminary
Plat in heavy lines to provide a differentiation as to the area proposed for
platting. T he acreage of the total area of the proposed plat shall be shown
prominently on the plat.
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8.
Existing site features of the area shall be shown as follows:
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(a) The location and name of all existing or recorded streets,
alleys, reservations, easements or other public right of way
within the subdivision, intersectin g or contiguous with its
boundaries or forming such boundaries.
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(b) The location, and name of all existing or recorded residential
lots, parks, public areas, permanent structures and
other sites within or contiguous with the subdivision. .
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9. The location and flow line of existing water courses and drainage
structures within the subdivision and/or contiguous tracts where the
contiguous properties will affect the drainage design of the proposed
subdivision or the drainage system of the proposed subdivision will affect the
contiguous properties.
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10. Topographical information shall include contour lines on a basis of
two (2') vertical feet or less. Data from City Topo Maps will be acceptable
where available. Data from U SGA Quad sheet with interpertations to two (2)
feet contours will be acceptable where city topo maps are not available.
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Any off-site or adjoining areas outside the limits of the area to be
platted which are relevant to drainage shall have similar topography or
otherwise shall be level surveyed to give reasonable verification of the limits
of such off-site drainage areas, and all such off-site drainage areas shall be
shown on the drainage plan. The datum for all topography shall be that of
the United States Coast and Geodetic Survey, City of North Richland H:iJ1s
datum or other recognized datu m source as approved by the City, with contours
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developed from field level surveys or from approved aerial photogrammetric
interpretation of contours based on the proper control data. Topography
shall be sufficiently deta:iled to establish all drainage areas (and subareas).
Delineation of drainage areas and all flow arrows shown should represent flow
pattern of runoff after all proposed improvements have been installed and all
lots have been developed. Professionals with responsibility for accuracy of
topograp hy shall affix their professional seal on the drainage plan along with
a signed certificate of responsibility for the topography and delineation of the
drainage areas. (See Example Below).
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I, , a Professional Engineer
registered in the State of Texas, have prepared this drainage study in
compliance with the latest published requirements and criteria of the City of
North Richland Hills, and have verified that the topographic information used
in this study is in compliance with said requirements and is otherwise suitable
for developing this workable overall Plan of Drainage which can be
implemented through proper subsequent detailed construction planning.
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SIGNATURE
, P. E., SEAL
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11. A number or letter to identify each lot or tract and each block.
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12. A developer desiring to submit a Final Plat for any parcel or tract
of land, must first submit a Preliminary Plat of all contiguous lands owned by
him or under interlocking ownership within which the tract proposed for final
platting is located. The limits of the required Preliminary Plat may be
reduced by authorization of the Economic Development Department if the
reduced limits of the preliminary platting are reasonable and consistent with
the City's planning objectives. The Preliminary Plat shall include a layout of
the entire area showing the tentative proposed layout of streets, blocks,
drainage, water, sewer and other future improvements for such areas. If
desired by the subdivider, the Preliminary Plat may indicate how the
subdivision is to be phased for final platting. The overall layout, if
approved by the Commission, shall be attached to and filed with a copy of the
approved Final Plat in the permanent files of the City. Thereafter, plats of
subsequent units of such subdivision shall conform to such approved overall
layout and phasing, unless a new Preliminary Plat is submitted and approved
by the Commission.
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13. Front building set-back lines should be shown on all lots or tracts
in accordance with the requirements of the City Zoning Ordinance for the
proper districts (s) . Side yard building set-back lines should be shown on
side yards of lots with side street frontage.
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14. T he Preliminary calculation of the drainage areas and run-off
showing design storm frequency and other appropriate design criteria.
D. PROCESSING OF PRELIMINARY PLATS
1. Upon receipt of the Preliminary Plat and the required Engineering
Plans with the necessary filing fees, the Director of EconomiC Development
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or his designee shall check the Preliminary Plat as to its conformity with the
City's Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance, lot size
requirements, subdivision and street names and other applicable City
standards. The Director of Economic Development shall provide a written
critiq ue of the plat for the use of the applicant and his engineer.
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2. The Planning and Zoning Coordinator shall refer a copy of the
Preliminary Plat and the Engineering Plans to the Public Works Department
for review of the conformance of the plans to the standards and specifications
of this Ordinance. The Public Works Department shall prepare a written
critique of the engineering plans which shall be returned to the Planning and
Zoning Coordinator for distribution to the applicant and his engineer in
conjunction with the review comments of the Director of Economic
Development.
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3. A copy of all Preliminary Plats shall be sent to the various
franchise utilities doing business in the City to solicit their comments
regarding the need for easements, rig ht of way, etc.
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4. After the applicant and his engineer are provided a copy of the
Staff comments on the plat and the Public Works Department/City's Engineer's
com ments on the engineering plans, the applicant and his engineer shall
respond to the comments in writing. The Preliminary Plat and the written
comments from the City Staff along with the response from the subdivider and
his engineer shall com prise the docket material for the consideration of the
Planning and Zoning Commission along with any other pertinent data which
the City Staff shall assem ble for the use of the Planning and Zoning
C om mission.
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5. When all requirements are completed or if the necessary
requirements can be stipulated to be provided on the Final Plat, the
Commission may consider the plat at the next available regularly scheduled
Planning and Zoning Commission meeting.
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6. Once Preliminary Plat approval has been given by the Planning and
Zoning Commission the applicant may proceed with preparation and submittal
of a Final Plat Application. If a Final Plat Application has not been submitted
on at least a portion of the area covered by the Preliminary Plat within one
(1) year from the date of the approval of the Preliminary Plat by the
Commission, the Preliminary Plat becomes null and void. If in the event that
only a portion of the Preliminary Plat has been submitted for Final Plat
action, those areas not platted within three (3) years of the date of
Preliminary Plat approval shall be null and void unless an extension of time is
granted by the Planning and Zoning Commission.
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SECTION 1-03
FINAL PLAT AND CONSTRUCTION PLANS
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A. GENERAL
No subdivision of land shall be accomplished without proper submittal,
approval and adoption of a Final Plat in accordance with this Ordinance and
in conformance with the Master Plan of the City of North Richland Hills,
Texas. The Final Plat must be prepared and sealed by a registered Public
Surveyor and must be accompanied by the necessary engineering construction
plans, prepared and sealed by a Registered Professional Engineer, licensed to
practice in the State of Texas and must be representative of the layout and
configuration as approved in the Preliminary Plat.
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B.
TIME AND PLACE FOR FILING
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The subdivider shall file the Final Plat by submittal of the completed
Final Plat A pplication and Checklist along with the necessary copies of the
plat and engineering plans to the Planning and Zoning Coordinator with the
required fees. The deposit of and acceptance of the fees shall constitute
formal request for plat consideration.
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C. FORM AND CONTENT
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1. The final plat and accompanying data shall conform to the
Preliminary Plat as approved by the Commission incorporating any and all
changes, modifications, alterations, corrections and stipulations imposed by
the Commission. Only those portions of the Preliminary Plat constituting a
full phase may be submitted as a Final Plat.
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2. The final plat shall be drawn on individual sheets not exceeding 24
inches X 36 inches in size with a left hand margin of 1-1/2 inches. The plat
shall be drawn at a numerical scale no greater than 1" = 100'. At the
engineer's discretion the plat my be drawn at a numerically smaller scale, i.e.
1" = 50', 1" = 40', etc. Where the entire plat cannot be drawn on a single
page, the plat may be placed on multiple sheets. In this instance an index
sheet or drawing of the entire subdivision, at an appropriate scale shall be
included.
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3. In addition to the various requirements for the Preliminary Plat, the
Final Plat shall also include the following:
(a) Proposed name of subdivision, indicating if the proposed
subdivision is an extension or subsequent fDing of an existing
subdivision.
(b) 0 wner's acknowledgement and subdivision dedication. (see
example below). T he dedication shall contain an exact metes
and bounds description of the plat being submitted. The
boundary lines of the proposed subdivision shall be delineated
on the Final Plat in heavy lines and the metes and bounds
description of each line shall be inscribed thereon.
(c) The exact location, dimensions, name and description of all
existing or recorded streets, alleys, reservations, easements,
or other public right-of-way within the subdivision,
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intersecting or contiguous w:i!:h its boundary or forming such
boundary, w:i!:h accurate dimensions, bearings or deflecting
angles and curve data as required to adequately describe such
features.
(d) The exact location, dimensions, description and name of all
proposed streets, aD£ys, drainage, right of way, parks, other
public areas, reservations, easement or other right of way,
blocks, lots and other tracts w:i!:hin the sub division w:i!:h
accurate dimensions, bearings, or deflecting angles and curve
data as required to adequately describe such features.
(e) General easements for the use of public utilities of not less
than seven and one-half (7.5') feet in width shall be provided
on each side of all. rear property lines. If necessary for the
extension of water or sewer mains, storm drainage or other
ut:ili.ties, easements of greater width may be required along lot
lines or across lots. In all. cases, easements shall connect with
easements already established in adjoining properties or extend
to connect w:i!:h public right of way.
(f) Surveyor's Certificate w:i!:h seal for Plat (See example below)
and Engineer's seal for Construction Plans.
(g) A statement noting the Planning and Zoning Commission's
approval with appropriate blanks for signatures. (See example
below). The size of the Commission acknowledgement shall be
a minimum two (2) inches by four (4) inches.
(h) A statement noting the City Council's approval with the
appropriate blanks for signatures. (See example below). The
size of the City Council acknowledgement shall. be a minimum
two (2) inches by four (4) inches.
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STATE OF TEXAS §
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OWNER'S ACKNOWLEDGEMENT AND DEDICATION
COUNTY OF
§
I (we), the undersigned, owner(s) of the land shown on this plat within
the area described by metes and bounds as follows:
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(Metes and Bounds Description of Boundary)
and designated herein as the subdivision to the
C:i!:y of North RichIand H:ills, Texas, and whose name is subscribed hereto,
hereby dedicate to the use of the public all streets, aD£ys, parks, water
courses, drains, easements, rights-of-way and public places thereon shown
for the purpose and uses therein expressed or shown on the plat.
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Owner
STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned authority, on this day personally
appeared , known to me to be the
person(s) whose name(s) is (are) subscribed to the foregoing instrument, and
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acknowledged to me that (he) (she) (they) executed the same for the
purposes and considerations therein stated.
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Given under my hand and seal of office this
19
day of
Notary Public in and for the State of
Texas
My Commission expires
, 19
STATE OF TEXAS
COUNTY OF
§
§
CERTIFICATE OF SURVEYOR
WHO PREPARED PLAT
I, the undersigned, a (registered public surveyor/licensed land
surveyor) in the State of Texas, hereby certify that this plat is true and
correct and was prepared from an actual ground survey of the property made
under my supervision.
(Surveyor's Seal)
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Registered Public Surveyor or Licensed
Land Surveyor
THE PLANNING AND ZONING
COMMISSION OF NORTH
RICHLAND HILLS ON
(date) 19
VOTED AFFIRMATIVELY TO
RECOMMEND APPROVAL OF THIS
BY THE CITY COUNCIL
THE CIT Y CO U N CIL 0 F
NORTH RICHLAND HILLS ON
(date) , 19_, V 0 TED
AFFIRMATIVELY TO APPROVE THIS
PLAT FOR FILING OF RECORD
PLAT
BY:
BY:
CHAIRMAN
MAYOR
ATTEST:
AT T E·S T :
SECRETARY
CITY SECRETARY
Recommend AdopdDn by
Planning and Zoning
Commission.
Statement of AdopdDn by City
Council.
(i) Complete construction plans shall be submitted for all water,
sanitary sewer, street and drainage improvements, alleys, and
sidewalks, if any, and other improvements to be constructed.
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These plans shall be submitted in accordance with the design
manual and shall be subject to the approval of the Public Works
Department.
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E.
PROCESSING OF FINAL PLAT AND CONSTRUCTION PLANS
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1. An applicant wishing to have a Final Plat considered must sub mit a
completed Final Plat application and Checklist and the necessary filing fees
accompanied by the appropriate number of copies of the Final Plat and
Engineering Construction Plans (refer to the Design Manual for the
appropriate format) for the proposed subdivision. Acceptance of these
documents will constitute an official filing of the Final Plat for consideration
by the Planning and Zoning Commission.
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2. Upon receipt of the Final Plat with Construction Plans and the
required filing fees together with the completed Application and Checklist
Forms, the Director of Economic Development or his designated subordinate
shall check the plat as to its conformity with the City's Comprehensive Plan,
Land Use Plan, Zoning Districts, lot size requirements, subdivision and street
names and other applicable City Standards.
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3. No subdivision plat shall be submitted to the City Council for final
approval unless and until all taxes, assessment, charges and other monetary
obligations due to the City of North Richland Hills and currently outstanding
on the property are paid. Receipts of such payment must be submitted with
the Final Plat application to the Planning and Zoning Coordinator.
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4. The Planning and Zoning Coordinator shall transmit one (1) copy of
the final plat and construction plans to the Public Works Department for
review as to the conformity with applicable engineering standards and
specifications set forth herein as well as with generally accepted engineering
principles. The Public Works Department shall return the plans to the
Planning and Zoning Coordinator with their suggestions as to modifications,
additions, alterations or other matters pertinent to the plat and plans·.
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5. The Planning and Zoning Coordinator shall provide to the applicant
and his engineer the written critiq ue of the Economic Develop ment Department
and the Public Works Department. The applicant will be required to provide
written response to all the Staff comments as to his compliance, modifications
of the plans, and alterations made to satisfy the Staff comments. The Final
Plat and the written comments from the City Staff along with the response
from the subdivider and his engineer shall comprise the docket material for
the consideration of the Planning and Zoning Com mission along with any other
pertinent data which the City Staff shall assem ble for the use of the Planning
and Zoning Com mission.
6. At the next available regularly scheduled Planning and Zoning
Commission meeting the Commission may take action on the plat, if all
requirements and City comments are completed. The Commission shall then
forward the plat to the City Council with the Commission recommendation for
ap proval or with enu merated stipulations.
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7. In the event that the Commission determines that a Final Plat is not
in com pJiance with the 0 rdinance or does not meet the necessary criteria for
approval, the Commission shall disapprove the Final Plat. Disapproval by the
Commission shall be final and no recommendation will be sent to City Council.
Should an applicant desire to appeal the action of the Planning and Zoning
Commission he may file a notice of appeal with the Planning and Zoning
Coordinator within ten (10) days of the hearing before the Commission in
which the denial action was taken. The Planning and Zoning Coordinator will
schedule the appeal hearing before the City Council at the next available City
Council agenda.
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8. Disapproval of a plat by the Commission and the City Council shall
be deemed a refusal by the City to accept the offered dedications shown
thereon.
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9. T he City C ou ncil may schedule the plat for hearing at its next
available regularly scheduled agenda. All docket materials which were
submitted to the Planning and Zoning Commission for consideration along with
a Staff Report Cover Sheet indicating the recommendation of the Planning and
Zoning Commission shall comprise the agenda material provided for the City
Council hearing. The City Council may approve the submitted Final Plat,
deny the plat or approve the plat with stipulations. The action of the City
Council shall be final in the consideration of th,e proposed plat.
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10. Upon receipt of three (3) Mylar Sepia Reproductions, approved and
adopted by the City Council, the Planning and zoning Coordinator shall
secure the necessary signatures from the Mayor, City Secretary, Planning
and Zoning Chairman and Planning and Zoning Secretary. The Planning and
Zoning Coordinator shall also verify that all required covenants have been
accepted by the applicant. Upon verification of these matters the Planning
and Zoning Coordinator shall submit the plat documents (three (3) Mylar
Sepias) to the Developer's Engineer for Filing with the Tarrant County Plat
Records Office. The Developer's Engineer shall have the plat recorded and
return to the Planning and Zoning Coordinator one (1) Mylar Sepia duly
recorded. Upon receipt of the official filed Mylar Sepia of the plat» the
Planning and Zoning Coordinator will place the official plat in the City Plat
File.
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11. The approval and adoption of the Final Plat shall be valid only if
the processing is completed and the plat is filed of record within one hundred
eighty (180) days of the date of the City Council approval. If delay is
caused by Subdivider, then the subdivider must obtain an extension of time
from the Planning and Zoning C om mission if he wishes the plat to be filed and
such extension may be either granted or denied by the Commission, at their
option.
12. Approval of the Final Plat by the City Council, and receipt of the
official filed copy from the county, authorizes the Developer to proceed with
the installation of the public facilities in the subdivision as approved in the
engineering plans.
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SECTION 1-04
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REPLATS
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A Replat is required any time it is proposed to subdivide an existing platted
lot or tract into smaller lots or any time it is proposed to combine existing
smaller lots or tracts into a larger tract.
A. OWNERSHIP
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A proposed Replat must be formatted to include all of the property
within the existing lot or lots which are currently filed of record. No Replat
may be approved which does not contain the signatures of all the affected
property owners.
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PROCEDURES
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1. T he procedures to be followed for replatting preparation are the same as
those for the preparation of Final Plats. Replats will be reviewed for
completeness by the Economic Development Department and for Engineering
Requirements by the Public Works Departmerit.
2. Any replat involving an existing residential subdivision limited to one or
two family residences or any lots which were, in the past five years, limited
to one or two family residences by zoning or deed restrictions shall be
subject to following conditions in addition to the other provisions of this
section.
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A.
The Planning and Zoning Commission shall hold a public hearing
on the proposed replat to allow parties with an interest to be
heard.
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Notice of the public hearing before the Commission shall be
given in the following manner:
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(1) At least fifteen (15) days prior to the date of the
Commission meeting official notice of the public hearing
shall be published in the CitY"s official newspaper.
(2) Written notice of the pub1ic hearing shall be mailed to all
property owners within the existing plat. Should the
existing plat contain more than one hundred (100) lots,
the required notice will be sent to the owners of all lots
in the Subdivision within five hundred (500) feet of the
proposed replat. Such notices shall be mailed not less
than fifteen (15) days prior to the scheduled meeting.
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C. If the owners of twenty (20%) percent, or more, of the lots to whom
notice is made, file with the Planning and Zoning Commission a
written protest of the proposed replatting, prior to or at the pub1ic
hearing, then approval of the plat may proceed only if the
subdivider secures written consent of the owners of at least sixty
six and two-thirds (66 2/3%) percent of the lots to whom notice was
made.
D.
Proposed replats which are submitted solely for purpose of meeting one
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or more of the following crll:eria may be exempted from the public
hearing process of Section 2 above.
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(1) To correct an error in any course or distance shown on
the prior plat.
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(2) To add any course or distance that was omitted on the
prior plat.
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(3) To correct an error in the description of the real
property shown on the plat.
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(4) To indicate monuments set after death, disability, or
retirement from practice of the surveyor charged with
responsibliities for setting monuments.
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(5) To show the proper location or character of any monument
which has been changed in location or character or which
originally was shown at the wrong location or incorrectly
as to its character on the prior plat.
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(6) To correct any other type of scrivener or clerical error
or omission as previously approved by the City Council;
such errors and omissions may include, but are not
limited to, lot numbers, acreage, street names, and
identification of adjacent recorded plats.
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(7) To correct an error in courses and distances of lot lines
between two adjacent lots where both lot owners join in
the application for plat amendment and neither lot is
abolished, provided that such amend ment does not attempt
to remove recorded covenants or restrictions and does
not have a materially adverse effect on the property
rights of the other owners in the plat.
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(8) To relocate a lot line in order to cure an inadvertent
encroachment of a building or improvement on a lot line
or easement.
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3.
Replats will be considered by the Planning and Zoning Commission
upon completion of the comments from the Staff and City Engineer.
The Planning and Zoning Commission will make a recommendation to
the City Council as to the disposition of the proposed replat.
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4.
The City Council will consider a proposed repJat upon the
recommendation of the Planning and Zoning Commission. No replat
shall be considered by the City Council on which the required fees
and assessments have not been paid or on which the necessary
covenants and contracts have not been executed by the developer.
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5.
Filing of approved Replats shall be processed by the Planning and
Zoning Coordinator in exactly the same manner as Final Plats.
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SE C TIO N 1-05
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SHORT FORM PLATS
A Short Form Plat request may be submitted on a property if the
following conditions are met.
1. There must be an existing building on the lot capable of being
occupied as a legal residence or business.
2. The lot must not have any apparent drainage problems or contribute
to or cause a drainage problem on another tract. The City Engineer will
review the Master Drainage Plan of the City in relation to the proposed lot to
determine whether a drainage study may be required by the applicant's
engineer in order to satisfy this provision.
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3. The subject tract must be less than five (5) acres in size.
4. The lot must front on a paved dedicated street and additional right
of way shall be dedicated if needed.
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5. All utilities required to serve the lot ,are in place or arrangements
to provide same have been made with appropriate easements being shown on
the plat.
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When all of the foregoing conditions have been met the applicant may
submit a Short Form Plat for Final Plat consideration by the Planning and
Zoning Commission and the City Council.
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Processing of the Plat Application will follow the same procedures as
those of a Final Plat.
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SECTION 1-06
CITY-DEVELOPER AGREEMENTS
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In the event that the Developer of a proposed subdivision requests
participation by the City in the construction of the public facilities and that
participation is approved by the City Council and the total participation costs
by the City exceed $5000, then the Developer must execute a City-Developer
Agreement. (See attached forms).
CITY- DEVELOPER AGREEMENT
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THE STATE OF TEXAS
§
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THE COUNTY OF
§
KNOW ALL MEN BY THESE PRESENTS:
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That
(Individuals Name)
an individual doing
business as
(Company Name)
(or) a Corporation
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organized under the laws of (State)
(or) a Partnership
consisting of (N ames)
of the
County of (County) State of
(State)
, hereinafter
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called Developer, and the City of North Richland Hills, Tarrant County,
Texas, hereinafter called City, enter into the following contract:
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In consideration of the mutual covenants herein contained and for the
purpose of providing
(Improvements)
as indicated in the construction documents titled
(Plan Title)
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to serve
(Plat Title)
an Ad dition to the City of North Richland
Hills, Texas, the Developer and the City hereto agree:
1. The Developer agrees to pay the City all inspection and processing fees
and furnish all permits, easements, and right-of-way as required for the
construction of the above referenced facilities. In addition, at no cost
to the City, the Developer agrees to have com plete construction plans,
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specifications and all other necessary contract documents prepared by a
registered professional engineer and also furnish construction surveying,
cut sheets and field adjustments.
2.
The Developer agrees to post with the City a cash deposit to be placed
in escrow or an "Irrevocable Commercial Letter of Credit" in the amount
equal to the total construction costs. Such letter of credit shall be in
compliance with the requirements of the City's Ordinances. The
Developer will enter into a contract with the Contractor who will perform
the work and who will be paid by the Developer as specified in the
construction contract documents. Monthly pay estimates shall be subject
to City review.
3.
The Developer agrees to provide at no cost to the City, all testing
necessary to insure that the construction is in accordance with the
specifications and city standards.
4.
The Developer understands and agrees that he has no authority to
cancel, alter or amend the terms of the construction contract without
specific written authority of the City and that he shall be responsible
for paying the costs of any cancellations, additions, alterations, or
amendments to the Contract unless specifically provided otherwise by
written authorization from the City.
5.
The Developer agrees to require the selected contractor to provide to
the City on City forms, maintenance bonds in the amount of twenty (20%)
percent of the contract price. The bond shall be submitted prior to
commencing with construction and shall be good for two years
com mencing with the approved completion of the facilities.
6.
T he City agrees. to participate in the cost of the facilities after
construction is complete and accepted. The description and amount of
participation is as follows:
7.
The City will provide the inspections as required and upon satisfactory
completion of the work, the City will accept ownership and operation of
the system subject to the terms of the maintenance bonds.
8.
The DEVELOPER further covenants and agrees to, and by these presents
does hereby, fully idemnify, hold harmless and defend the City, its
officers, agents, and employees from all suits, actions or claims of any
character, whether real or asserted, brought for or on account of any
injuries or damages sustained by any persons (including death) or to
any property, resulting from or in connection with the construction,
design, performance or completion of any work to be performed by said
DE V EL 0 PER, his contractors, su bcon tractors, officers, ag en ts or
employees, or in consequence of any failure to properly safeguard the
work, or on account of any act, intentional or otherwise, neglect or
misconduct of said DEVELOPER, his contractors, sub-contractors,
officers, agents or employees, whether or not such injuries, death
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or damages are caused, in whole or in part, by the aneged negligence
of the City of North Richland Hills, its officers, agents, servants,
employees, contractors or subcontractors.
9. Upon completion of the work good and sufficient title to an facilities
constructed warranted free of any liens or encumbrances is hereby
vested in the City of North Richland Hills.
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10. Special provisions:
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IN WITNESS WHEREOF, the parties to these presents have executed this
Contract in five (5) counterparts, each of which shan be deemed an original
on this the day of , 19
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DEVELOPER
(SEAL)
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BY
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CITY
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ATTEST:
CITY SECRETARY
BY
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THE STATE OF TEXAS
COUNTY OF
§
§
BEFORE ME, the undersigned authority, on this day personally
appeared known to me to be the
person whose name is subscribed to the foregoing instrument, and
acknowledges to me that he executed the same for the purposes and
considerations therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS
, 19
day of
Notary Public in and for
County. Texas
My Commission expires
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SECTION 1-07
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CON T RA C TIN G CON S T R U C TIO N
A.
PROCEDURE
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On projects not requ:LnI1g City Developer Agreement the Final Plat
Approval authorizes the Developer to proceed with construction of the water,
sewer, street drainage and traffic facilities required by the Engineering
Plans. All construction shall be in accordance with the applicable Sections of
this Ordinance. The Developer may choose his own contractor subject to the
contractor executing the necessary bonds with the City and payment of the
Inspection fees required for each portion of the public facilities.
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B. CITY PARTICIPATION
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In developments where, by reason of City policy, the City Council deems
it advisable to participate in the community fac:i1it:i.es being constructed to the
extent of five thousand ($5,000) dollars or more, the contract for such
construction shall always be advertised for bids in accordance with the City's
Charter and shall require the execution of a City-Developer A greement as
noted above. The Developer shall deposit with· the City the funds or
acceptable security as required by the applicable City Ordinances, required
to pay his portion of the construction costs prior to the construction.
It shall be the responsibility of the Developer's Engineer to prepare all
contract docu ments for the use of the City and the contractor as well as all
copies of the Engineering Plans for the bidding and construction of the
project.
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SECTION 1-08
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STREET AND EASEMENT VACATIONS
A. PROCEDURE
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When a citizen, group of citizens or developer wishes to propose the
closing or vacation of a specilic public right of way, street or easement,
which is currently in use, the following procedures must be followed:
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1. A petition requesting the proposed closing or vacation must be
presented to the Economic Development Department together with the
appropriate filing fee. Such petition must contain the signatures of all
property owners holding property adjacent to the portion of the street or
easement which is proposed to be vacated. In additiDn, a Standard Form of
Vacation Acknowledgement shall be completed and submitted for each udJity
currently located within the right of way or easement.
2. The Planning and Zoning Coordinator will set a public hearing of
the proposed closing before the Planning and Zoning Commission at a
regularly scheduled Commission meeting.
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a. Public Notices will be mailed to all property owners affected by the
proposed closing or vacation at least fifteen (15) days prior to the
sched uled meeting.
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3. The Commission will conduct a public hearing allowing opportunity
for interested parties to express their opinions of the proposed closing or
vacation. At the close of the public hearing the Commission will make a
recommendation to the City Council as to the advisability of approving the
proposed closing or vacation.
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4. The proposed closing or vacation will then be set for public hearing
before the City Council by the following notices.
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a. The hearing will be noticed by the publishing of a legal notice in
the official City Newspaper at least thirty (30) days prior to the
sched ule hearing.
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b. Adjacent property owners will be notified by mail of the proposed
pu blic hearing at least thirty (30) days prior to the scheduled
hearing.
c. Notice of the proposed hearing before the City Council will be
posted in three (3) public places within the City at least thirty
(30) days prior to the scheduled hearing.
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5. The City Council will conduct the public hearing on the proposed
closing or vacation allowing opportunity for all interested parties to express
their opinions on the matter. At the close of the public hearing the City
Council will make a determination whether the evidence presented at the
hearing and the recommendation of the Planning and Zoning provide sufficient
justification for proceeding with the closure or vacation.
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If the City Council determines that the vacation or closure should
proceed, the City Staff will. be instructed to perform the following:
a. Secure an appraisal of the value of the physical property involved
in the closure.
b. Advertise and accept bids for the sale of the vacated right of way
or easement.
c. Prepare and submit to the City Council for execution documents for
sale of the property involved in the vacation or closure.
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LEGAL AFFIDAVIT
THE STATE OF TEXAS:
COUNTY OF TARRANT
Before me, the undersigned authority on this day personally ap-
peared Vi r g ; n ;::1 R::I n k ; n
known to me to be a credible person, who
first being sworn, deposed and upon her oath said:
That she is the I~ A D
of the Mid-Cit:j~.. NptJC:
, a newspa-
per which has been regularly and continuously published and of general
circulation in the City/Town of Hurst. Texas
, for a period of
more than one year next preceding the first publication of the attached
legal and that he caused said notice to be published in
said newspaper on the following date(s). 2/24/89
That the attached is a true and correct copy of said notice as
published on said date(s) in said
/}
h:n-
Sworn to and subscribed before m , this the 31st day of Marc~
19 Ji2.......
~ ~, '--fhIJJiLt n1-
I otary Public,
TARRANT County, Texas
ATTACH LEGAL
COPY HERE
NOTICE OF
PUBLIC HEARING
The City Council of the
City of North Richland
Hills Texas shall con-
duct' a Public Hea.r\ng
on the proposed reVISion
to the Subdivision Ordl- ,
nance of the City at 7:30
P. M. on Marçh 13, 1989
in the council chamber
at 7301 Northeast Loop
820, North Richland
Hills, Texas.
S/Tommy Brown
Mayor
MCDN CPN 425
PUB.: 2/24/89