HomeMy WebLinkAboutPZ 2024-03-07 Agendas t4RH
NOKTH RICH�AND HILLS
CITY OF NORTH RICHLAND HILLS
PLANNING AND ZONING COMMISSION AGENDA
4301 CITY POINT DRIVE
NORTH RICHLAND HILLS, TX 76180
THURSDAY, MARCH 7, 2024
WORK SESSION: 6:30 PM
Held in the City Council Work Room, Third Floor
A. CALL TO ORDER
1. Director of Planning report
2. Presentation by sta on items from the regular Planning and Zoning
Commission
3 Presentation and discussion regarding amendments to Chapter 110 of
the City Code_(Sub divisjon Regulations).
REGULAR MEETING: Immediately following worksession (but not
earlier than 7:00 pm)
Held in the City Council Chamber, Third Floor
A. CALL TO ORDER
A.1 PLEDGE
A.2 PUBLIC COMMENTS
An opportunity for citizens to address the Planning and Zoning Commission
on matters which are scheduled on this agenda for consideration by the
Commission, but not scheduled as a public hearing. In order to address the
Planning and Zoning Commission during public comments, a Public Meeting
Appearance Card must be completed and presented to the recording
secretary prior to the start of the Planning and Zoning Commission meeting.
Thursday, March 7, 2024 Planning and Zoning Commission Agenda
Page 1 of 3
B. MINUTES
B.1 Approve Minutes of the Februa[y 15, 2024, Planning and Zoning
Commission
C. PLANNING AND DEVELOPMENT
C.1 PLAT24-0059 Consideration of a request from Carlos Reyes for a final
plat of Lot 12, Block A, John's Addition, being 0.944acres located at
8301 Cardinal Lane.
C.2 PLAT24-0060 Consideration of a_ltguest from Westwood Professional
Services for of The Meadow, being 29. 53acres
located at the southeast corner of Rufe Snow Drive and Bursey Ro d.
D. PUBLIC HEARINGS
D.2 ZC23-0088 Public hearing and consideration of a _request from TX
Thrift LLC for a special use permit for a secondhand goods dealer at
6246 Rufe Snow Drive, being 3.93 acres described as Lot 4R, Block 1
Northland Shopping Center Addition.
EXECUTIVE SESSION
The Planning and Zoning Commission may enter into closed Executive
Session as authorized by Chapter 551, Texas Government Code. Executive
Session may be held at the end of the Regular Session or at any time during
the meeting that a need arises for the Planning and Zoning Commission to
seek advice from the city attorney (551.071) as to the posted subject matter
of this Planning and Zoning Commission meeting.
The Planning and Zoning Commission may confer privately with its attorney
to seek legal advice on any matter listed on the agenda or on any matter in
which the duty of the attorney to the governmental body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with Chapter 551 , Texas Government Code.
E. ADJOURNMENT
CERTIFICATION
I do hereby certify that the above notice of meeting of the North Richland Hills
Planning and Zoning Commission was posted at City Hall, City of North
Richland Hills, Texas in compliance with Chapter 551, Texas Government
Code on Friday, March 1, 2024, by 5:00 PM.
Thursday, March 7, 2024 Planning and Zoning Commission Agenda
Page 2 of 3
Clayton Husband AICP
Principal Planner
This facility is wheelchair accessible and accessible parking spaces are
available. Requests for accommodations or interpretive services must
be made 48 hours prior to this meeting. Please contact the City
Secretary's office at 817-427-6060 for further information.
Thursday, March 7, 2024 Planning and Zoning Commission Agenda
Page 3 of 3
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NOLa`C`H KIC"HLAND HILLS
PLANNING AND ZONING COMMISSION
MEMORANDUM
FROM: Planning & Zoning Department DATE: March 7, 2024
SUBJECT: Director of Planning report
PRESENTER: Clayton Comstock, Director of Planning
GENERAL DESCRIPTION:
Staff will report on general announcements related to upcoming events, development
activity in North Richland Hills, recent City Council action, and items of general interest
to the Commission.
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NOLa`C`H KIC"HLAND HILLS
PLANNING AND ZONING COMMISSION
MEMORANDUM
FROM: Planning & Zoning Department DATE: March 7, 2024
SUBJECT: Presentation by staff on items from the regular Planning and Zoning
Commission meeting.
PRESENTER: Clayton Comstock, Director of Planning
SUMMARY:
The purpose of this item is to allow the Planning and Zoning Commission the
opportunity to ask questions regarding any item on the regular Planning and Zoning
Commission agenda.
GENERAL DESCRIPTION:
The purpose of this item is to allow the Planning and Zoning Commission the
opportunity to inquire about items that are posted for discussion and deliberation on the
regular Planning and Zoning Commission agenda. The Commission is encouraged to
ask staff questions to clarify and/or provide additional information on items posted on
the regular agenda.
Applicants and members of the public will be provided an opportunity to speak on
agenda items and public hearings during the regular session.
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NOKTH KICHLAND HILLS
PLANNING AND ZONING COMMISSION
MEMORANDUM
FROM: Planning & Zoning Department DATE: March 7, 2024
SUBJECT: Presentation and discussion regarding amendments to Chapter 110
of the City Code (Subdivision Regulations).
PRESENTER: Clayton Husband, Principal Planner
SUMMARY:
The City of North Richland Hills is proposing a new Subdivision Ordinance, which would
replace the current regulations in their entirety.
What are Subdivision Regulations and why are they needed?
Chapter 110 of the North Richland Hills Code of Ordinances contains the city's
subdivision regulations. Generally, subdivision regulations are an important part of the
land development process and serves as an implementation tool of the comprehensive
plan and the zoning ordinance. They provide standards and requirements for the creation
of residential and nonresidential lots and subdivisions and ensure that public and private
development is served by adequate public facilities for water, sanitary sewer, streets, and
drainage. These regulations were adopted under authority granted in the Texas Local
Government Code Chapter 212.
Why is NRH proposing to revise its Subdivision Regulations?
The current version of NRH's subdivision regulations was adopted in May 1994
(Ordinance 1982). Over the past 30 years, the ordinance has been amended several
times, ranging in scope from minor procedural and public infrastructure updates to the
addition of rough proportionality standards and impact fees. This patchwork of changes
has resulted in inconsistent terminology and a fragmented ordinance structure.
The past 30 years have also seen numerous revisions to state statutes that regulate
subdivision platting and land development. Substantial revisions to how cities can process
plats were made by the 2019 and 2023 state legislative sessions. These changes have
resulted in inconsistencies between the city's subdivision regulations and state law.
In May 2023, North Richland Hills voters approved Proposition "I," a City Charter
amendment that authorizes City Council to delegate the approval of plats in accordance
with state law. The ability to delegate plat approval is provided by Chapter 212 of the
Texas Local Government Code and would streamline plat approvals. Prior to the charter
amendment, all plats regardless of type, size, or complexity required City Council
approval.
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Preparing the New Subdivision Ordinance
Immediately following the May 2023 City Charter election, City Council approved
Resolution 2023-044 on May 17, 2023. This resolution directed city staff to initiate the
amendment process to the subdivision regulations. Following that approval, work
sessions were conducted with Planning and Zoning Commission and City Council to
present information about the current regulations and the practices of other cities, and to
review and seek feedback on topics such as the delegation and assignment of plat
approvals. Staff also conducted a virtual meeting with developers, engineers, and
surveyors in August 2023 to receive initial industry input about the regulations prior to
drafting the new ordinance.
A staff working group reviewed the subdivision regulations and noted proposed revisions
to the plat approval process and other needed updates. This working group included the
Director of Public Works, City Engineer, Director of Planning, Principal Planner, Assistant
City Attorney, and other Development Services staff as needed.
Draft Ordinance
A complete draft of the proposed revisions to the subdivision regulations is attached for
the Commission's review and discussion. The draft has also been posted online for public
review and comment throughout March 2024. The proposed revision would replace the
current regulations in their entirety. While most of the regulations and standards remain
the same, the topics listed below are the key updates in the proposed revisions.
o Approval authority. As provided by state law, the delegation of approval for plats is
modified (see Section 110-74). This is intended to streamline the approval of
subdivision plats, as that is primarily a ministerial and administrative function of the
city. Preliminary plats would require approval by the Planning and Zoning
Commission and City Council. Final plats would require approval only by the Planning
and Zoning Commission. All minor plats, replats, and amending plats could be
approved by staff.
o General platting procedures. The general procedures for obtaining approval of a
subdivision plat is revised to reflect current city practices and the procedures required
by state statutes (see Section 110-73). This section establishes a sequence covering
zoning approval, platting, approval of public infrastructure plans, construction of
public improvements, and recording of the plat.
o Plat review process. A new section is added that outlines the general procedures for
all plat reviews (see Section 110-76). This section requires that the City must review
and take action on a plat application within thirty (30) days of submittal. It also
requires that the Development Review Committee review all plats and provide a
written statement of conditions for the conditional approval or reasons for disapproval
of the plat. This section is consistent with procedures required by state law.
o Addition of a minor plat process. Anew process is added for minor plats (see Section
110-151). This process would apply to plats where land is proposed to be subdivided
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NOKTH KICHLAND HILLS
into four or fewer lots, fronts on an existing street, and does not require the creation
of any new street or extension of municipal facilities.
o Waivers and modifications. The procedures for requesting waivers and modifications
of subdivision standards is modified (see Section 110-42). It would allow the Planning
and Zoning Commission to consider and approve waivers or modifications where
hardships or practical difficulties exist on specific property that may result from strict
compliance with the regulations. If the Commission disapproves a request, the
applicant may appeal the decision to the City Council.
o Design criteria. The standards for subdivision design are updated (see Section 110-
232). Some standards that are already covered in the Public Works Design Manual
were simplified or removed, such as cul-de-sac pavement dimensions and the use of
drainage right-of-way. Standards are added to address flag lots, which could only be
approved if specific property conditions exist.
o Organization of the regulations. Throughout the document, many sections of the
regulations are modified for improved organization and readability. This includes
reorganizing sections related to subdivision plat types to provide clear procedures for
application submittal, review, and decision-making authority. All definitions in the
code are consolidated into a single section and terminology updated as appropriate.
Language is amended throughout the document to be more concise and provide
more clarity, such as consistent use of names for city boards, commissions, and
departments, and titles for reference documents such as the Transportation Plan and
the Public Works Design Manual.
Planning and Zoning Commission Work Session
At the work session, staff will provide an overview of the proposed draft document. To aid
in this discussion, the following documents are attached for reference.
o Public review draft of Chapter 110 (Subdivision Regulations). This document is the
proposed version of the subdivision regulations and will be posted online for public
review and comment during the month of March 2024. Development professionals
such as engineers, surveyors, and developers that have previous experience working
in North Richland Hills have been notified of the proposed changes and have been
asked to provide their comments. Comments from the public are welcomed as well.
o Chapter 110 (Subdivision Regulations). This document is the current version of the
North Richland Hills subdivision regulations from the Code of Ordinances.
o Chapter 212, Texas Local Government Code. This chapter of the Texas Local
Government Code outlines the state laws regarding municipal regulation of
subdivisions and property development. This chapter includes procedures for the
review and approval of subdivision plats, including delegation of approval
responsibility.
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Public Review and Approval Timeline
Staff is preparing the following timeline for a target approval date of April 22, 2024:
March 1 Draft Subdivision Ordinance posted online for public review and
comment. Development community invited to review.
March 7 Planning and Zoning Commission work session (Public Meeting)
March 21 Planning and Zoning Commission public hearing 1 of 2
March 29 Public comment period on Draft Subdivision Ordinance closes
April 4 Planning and Zoning Commission public hearing 2 of 2
April 8 City Council work session (public meeting)
April 22 City Council public hearing
July 1 Effective date of new subdivision regulations
The July 1, 2024, effective date would allow staff time to prepare new application and
submittal guideline documents, calendars, and publish the new ordinance in the official
online Code of Ordinances.
PART II -CODE OF ORDINANCES
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Chapter 110 SUBDIVISIONS °� �" ��"
Chapter 110 SUBDIVISIONS....................................................................................................................................2
ARTICLE I. IN GENERAL...............................................................................................................................................2
ARTICLE II.ADMINISTRATION....................................................................................................................................9
ARTICLE III. PLATS....................................................................................................................................................12
ARTICLE IV. PRELIMINARY PLAT...............................................................................................................................15
ARTICLE V. FINAL PLAT.............................................................................................................................................17
ARTICLE VI. MINOR PLAT.........................................................................................................................................18
ARTICLE VI. REPLAT..................................................................................................................................................19
ARTICLE VIII.AMENDING PLAT................................................................................................................................20
ARTICLE IX.TECHNICAL SPECIFICATIONS FOR PLAT DRAWINGS.............................................................................21
ARTICLE XI. DESIGN CRITERIA..................................................................................................................................24
ARTICLE X. REQUIRED IMPROVEMENTS..................................................................................................................28
ARTICLE XIII.ADEQUACY OF PUBLIC FACILITIES; PROPORTIONALITY......................................................................35
ARTICLE XIX. IMPACT FEES.......................................................................................................................................42
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Chapter 110 SUBDIVISIONS °� �" ��"
Chapter 110 SUBDIVISIONS
ARTICLE L IN GENERAL
Sec. 110-1. Title of chapter.
The regulations of this chapter are hereinafter known, cited and referred to as "Subdivision Regulations of
the City of North Richland Hills,Texas,"and they are a part of the Code of Ordinances of the city.
Sec. 110-2. Authority of chapter provisions.
The subdivision regulations of this chapter are adopted pursuant to the powers granted and limitations
imposed by the laws of the State of Texas, including the statutory authority granted in Texas Local Government
Code, Chapter 212.001 et seq, and all other relevant laws of the State of Texas.The subdivision regulations of this
chapter are adopted pursuant to the provisions of Article XIV of the Home Rule Charter for the city.
Sec. 110-3. Purpose of chapter.
The regulations contained in this chapter are adopted to promote and encourage the development of high
quality subdivisions by establishing standards for the provision of adequate light, air, open space, stormwater
drainage, transportation, public utilities, and suitable building lots. Through the application of these regulations,
the interests of the public, as well as those public and private parties, both present and future, having interest in
property affected by these regulations are protected by establishing fair and rational procedures for developing
land.
These regulations are designed and intended to achieve the following purposes and are to be administered
to:
(a) Protect and provide for the public health, safety, and general welfare of the community by promoting
the sustainable development of the city.
(b) Guide the future growth and development of the city in accordance with these regulations, the
comprehensive plan and its constituent elements, and all other development-related ordinances of the
city.
(c) Provide for adequate light, air, and privacy; secure safety from fire, flood, and other danger; and to
prevent overcrowding of the land and undue congestion of population.
(d) Protect and conserve the value of land throughout the city.
(e) Provide an efficient transportation network, having particular regard to minimizing traffic congestion,
improving traffic safety and flow; ensuring that traffic generated from proposed development can be
adequately and safely served by the existing and future street system; and ensuring connectivity of the
street network and neighborhoods.
(f) Establish reasonable standards of design and procedures for platting to further the orderly layout and
use of land;and to ensure proper legal descriptions and monumentation of platted land.
(g) Ensure that public and private developments are served by adequate public facilities and services with
sufficient capacity for efficient transportation, water, sanitary sewer, drainage, and other public
requirements and facilities, and that development bears its fair share of the cost of providing the
facilities and services.
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Chapter 110 SUBDIVISIONS °� �" ��"
(h) Ensure the adequacy of drainage facilities; and to encourage the wise use and management of natural
resources throughout the city to preserve the integrity, stability, and beauty of the community and the
value of the land.
(i) Preserve the topography of the city and ensure appropriate development with regard to natural
features.
(j) Address other needs necessary for ensuring the creation and continuance of a healthy, attractive, safe,
and efficient community that provides for the conservation, enhancement, and protection of its human
and natural resources.
(k) Remedy the problems associated with illegally subdivided lands and/or previously platted lands,
including premature subdivision, incomplete subdivision, or piecemeal and fragmentary subdivision of
land.
Sec. 110-4. Policy.
To carry out the purpose of the regulations of this chapter, it is hereby declared to be the policy of the City to
consider the subdivision of land, and its subsequent development, as subject to the control of the municipality,
pursuant to the comprehensive plan, for the orderly, planned, efficient, and economical development of the city.
Furthermore, it is the policy of the City that:
(a) Land may not be subdivided, for purposes of development, until proper provision has been made for
drainage,water,sewerage,and transportation facilities.
(b) All public improvements must conform to and be properly related to the comprehensive land use plan
of the city and the design manual.
(c) These regulations supplement and facilitate the enforcement of provisions and standards contained in
all other development-related ordinances adopted by the city.
Sec. 110-5. General construction of language.
Unless the context clearly indicates otherwise, the following rules apply in interpreting the terms and
provisions of this chapter.
(a) Meanings and intent. All provisions, terms, phrases, and expressions contained in this chapter are
construed according to the general purposes set forth in Sec.XXXX,and the specific purpose statements
set forth throughout this chapter. When, in any specific section of this chapter, a different meaning is
given for a term defined for general purposes in this chapter, the specific section's meaning and
application of the term will control.
(b) Headings, illustrations, and text. In the event of a conflict or inconsistency between the text of this
chapter and any heading,caption,figure, illustration,table,or map,the text will control.
(c) Lists and examples. Unless otherwise specifically indicated, lists of terms or examples that use terms
such as"for example," "including," and "such as,"or similar language are intended to provide examples
and are not exhaustive lists of all possibilities.
(d) Computation of time. References to days are calendar days unless otherwise stated.
(e) References to other regulations/publications. Whenever reference is made to a resolution, ordinance,
statute, regulation, or document, it is construed as a reference to the most recent edition of such
resolution,ordinance,statute, regulation,or document, unless otherwise specifically stated.
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Chapter 110 SUBDIVISIONS °� �" ��"
(f) Delegation of authority.Any act authorized by this chapter to be carried out by a specific official of the
City may be carried out by a designee of such official.
(g) Technical and non-technical terms. Words and phrases are construed according to the common and
approved usage of the language, but technical words and phrases that may have acquired a peculiar
and appropriate meaning in law are construed and understood according to such meaning.
(h) Mandatory and discretionary terms. The words "shall," "must," and "will" are mandatory in nature,
establishing an obligation or duty to comply with the particular provision. The words "may" and
"should"are permissive in nature.
(i) Tenses, plurals, and gender. Words used in the present tense include the future tense. Words used in
the singular number include the plural number and the plural number includes the singular number,
unless the context of the particular usage clearly indicates otherwise. Words used in the masculine
gender include the feminine gender,and vice versa.
Sec. 110-6. Definitions.
(a) Generally. All definitions of words contained herein shall correspond with the most appropriate
definitions appearing in the Merriam-Webster's Collegiate Dictionary, unless specifically defined in this
section.
(b) Words and terms. The following words, terms and phrases, when used in this chapter, have the
meanings ascribed to them in this subsection, except where the context clearly indicates a different
meaning:
Adequate public facilities. The minimum level of service required for transportation, utilities,
drainage, park and other city services to serve the proposed development, taking into account
surrounding development.
Alley. A minor public right-of-way or private access primarily designed to serve as secondary
means of access to the side or rear of properties whose principal frontage is on some other street.
Amending plat. A plat correcting errors or making minor changes to the original recorded plat, as
permitted by the Texas Local Government Code.
Arterial street. A major road serving as the primary route between key destinations within the city
and adjacent cities.Arterial streets primary function of throughput rather than access.
Assessment. The determination of the amount of the maximum impact fee per service unit which
can be imposed on new development pursuant to this article.
Block. A tract of land bounded by streets,or by a combination of streets, public parks,cemeteries,
railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities and containing one
or more building sites.
Bond. A form of security other than a cash deposit to be used as surety or as a guarantee.
Building. Any structure built for the support,shelter,or enclosure of persons,animals,chattels,or
movable property of any kind.
Building line. A line established beyond which no part of a building shall project, except as
otherwise provided in the zoning chapter of this Code.
Building official. The officer of the city charged with responsibility for issuing building permits and
enforcing the building code.
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PART II -CODE OF ORDINANCES
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Chapter 110 SUBDIVISIONS °� �" ��"
Building permit. Written permission issued by the city for the construction, repair, alteration or
addition of a structure associated with an increase of one or more service units.
Capital improvement. Water supply, treatment and distribution facilities, and wastewater
collection and treatment facilities that have a life expectancy of five or more years and are owned and
operated by or on behalf of the city.
Capital improvements advisory committee.The city's planning and zoning commission.
Capital improvements plan. A plan contemplated by this article that identifies capital
improvements or facility expansions for which impact fees may be assessed.
City.The City of North Richland Hills,Texas.
City Council. The legislative governing body of the city having the power to adopt and amend
these regulations.
City engineer. A registered professional engineer on the city staff or a consulting firm of registered
professional engineers designated to represent the city.
Collector street. A major road intended to serve as a conduit between local roadways and the
network of arterial streets Comprehensive land use plan. A written document adopted by the City
Council as the official guide for future development,and containing the development policies of the city
and a map of the city showing a graphic representation of the proposed uses of the various land areas
of the city.
Construction plans. The maps or engineering drawings accompanying a subdivision plat and
showing the specific location and design of improvements to be installed in the subdivision in
accordance with the requirements of the Design Manual.
Credit: The amount of the reduction of an impact fee for fees, payments or charges for or
construction of the same type of facility.
Cul-de-sac. A street with an approved turnaround having only one common entry and exit.
Dead-end street. A street,other than a cul-de-sac,with only one outlet.
Design Manual. The city Public Works Design Manual, as amended, that establishes minimum
criteria for the design of public works/utilities.
Developer. The owner or agent representing the owner of any property being proposed for
subdivision, regardless of the number of lots.
Development Review Committee. A committee composed of municipal department
representatives charged with providing technical services in the administration of development-related
ordinances of the city.
Easement. Authorization by a property owner for the use by another, and for a specified purpose,
of a designated part of the property. such as a drainage easement, utility easement or a public access
easement.
Exaction requirement. A requirement imposed as a condition for approval of a plat, preliminary
plat, building permit, planned development district or other development application to:
(1) Dedicate an interest in land for a public infrastructure improvement;
(2) Construct a public infrastructure improvement;or
(3) Pay a fee in lieu of constructing a public infrastructure improvement.
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Chapter 110 SUBDIVISIONS °� �" ��"
Facility expansion. The expansion of the capacity of an existing facility that serves the same
function as an otherwise necessary new capital improvement, in order that the existing facility may
serve new development. The term does not include the repair, maintenance, modernization, or
expansion of an existing facility to better serve existing development.
Final plat. The instrument that becomes the official, accurate permanent record of the division of
land.
Final plat approval or approval of a final plat. The point at which the applicant has complied with
all conditions of approval and the plat has been released for filing with the county clerk.
Flag lot. A lot configuration where the perimeter lot geometry reflects the shape of a flag or
panhandle, where the narrow or elongated part of the lot abuts a public street and widens to
accommodate a buildable development site.
Fort Worth access fee. The fee imposed upon the City of North Richland Hills by the City of Fort
Worth for providing water and/or sanitary sewer service to new development contained within the
incorporated city limits and to which service is provided either directly or indirectly by the City of Fort
Worth water and/or sanitary sewer system(s)
Frontage.The side or sides of a lot abutting a street right-of-way.
Impact fee. A charge or assessment imposed as set forth in this article against new development
in order to generate revenue for funding or recouping the costs of capital improvements or facility
expansions necessitated by and attributable to the new development. The term includes amortized
charges, lump-sum charges, capital recovery fees, contributions in aid of construction, and any other
fee that functions as described by this definition.The term does not include:
(1) Dedication of land for public parks or payment in lieu of the dedication to serve park
needs;
(2) Dedication of rights-of-way or easements or construction or dedication of on-site or off-
site water distribution, wastewater collection or drainage facilities, or streets, sidewalks,
or curbs if the dedication or construction is required by a valid ordinance and is
necessitated by and attributable to the new development;
(3) Lot or acreage fees to be placed in trust funds for the purpose of reimbursing developers
for oversizing or constructing water or sewer mains or lines; or
(4) Other pro rata fees for reimbursement of water or sewer mains or lines extended by the
political subdivision.
However, an item included in the capital improvements plan may not be required to be
constructed except in accordance with Section 395.019(2),Texas Local Government Code,and an
owner may not be required to construct or dedicate facilities and to pay impact fees for those
facilities.
Land use assumptions. A description of the service area and projections of changes in land uses,
densities, intensities, and population in the service area over at least a ten-year period which has been
adopted by the city and upon which the capital improvements plan is based.
Local street. A road intended to provide direct access to individual properties and to provide right-
of-way for sewer,water,and storm drainage systems.
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PART II -CODE OF ORDINANCES
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Chapter 110 SUBDIVISIONS °� �" ��"
Lot. A platted parcel of land intended to be separately owned or developed, and that is recorded
in the property records of Tarrant County,Texas. The term lot includes the words building site, parcel,
plot,or tract.
Meter equivalent. The flow capacity of a water meter compared to the base three-fourths-inch
meter. The water meter equivalents shown on Conversion Table 2 and in the Impact Fees Capital
Improvements Plan serve as the standardized measure of use or generation attributable to the new unit
of development.
Minor plat. A subdivision resulting in four or fewer lots and that does not require the creation of
any new public street or the extension of municipal facilities.
New development. The subdivision of land; the construction, reconstruction, redevelopment,
conversion, structural alteration, relocation, or enlargement of a structure; or any use or extension of
the use of land;any of which increases the number of service units.
Off-site (subdivisions). Any premises not located within the area of the property to be subdivided,
whether or not in the same ownership of the applicant for subdivision approval.
Offsite (impact fees). Located entirely on property which is not included within the bounds of the
plat being considered for impact fee assessment.
Onsite(impact fees). Located at least partially on the plat which is being considered for impact fee
assessment.
Owner. Any person, group of persons, firm or firms, corporation or corporations, or any other
legal entity having legal title to, or sufficient proprietary interest in, the land sought to be subdivided
under these regulations.
Person. Any individual, association, firm, corporation, governmental agency, or political
subdivision.
Planning and Zoning Commission. The appointed body having authority to approve or disapprove
subdivision plats in accordance with these regulations and state statutes.
Planning division. The division designated with the responsibility of accepting subdivision plats for
the city and preparing the necessary documentation for the Planning and Zoning Commission.
Preliminary plat.TA preliminary plan or map indicating the proposed arrangement of streets, lots,
easements, public facilities,and other spaces in the development.
Public facilities system. With respect to water, wastewater, roadway, drainage or parks, the
facilities owned or operated by or on behalf of the city to provide services to the public, including
existing and new developments and subdivisions.
Public improvement. Facilities such as streets, streetlights, street signs, signals, pavement
markings, sidewalks, water lines, sewer lines, storm drain systems, parks, or other similar facilities
constructed within public right-of-way, public easements,or City properties for use by the public.
Public infrastructure improvement. A water,wastewater, roadway, drainage or park facility that is
a part of one or more of the city's public facilities systems.
Replat. A revision of existing platted lots, or existing platted lots in combination with existing
tracts,for the purpose of creating a new lot configuration.
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Chapter 110 SUBDIVISIONS °� �" ��"
Right-of-way. A legally established area or strip of land, either public or private, on which an
irrevocable right of passage has been recorded, and which is occupied or intended to be occupied by a
street, utility service,water main,sanitary or storm sewer main,or other similar use.
Right-of-way width. The distance between property lines measured at right angles to the
centerline of the street.
Service area. The entire area within the corporate limits of the city to be served by the capital
improvements and facilities expansions specified in the capital improvements plan.
Service unit. The three-fourths-inch water meter equivalent as shown on Conversion Table 2 in
Appendix A as Table 3.5 in the Impact Fees Capital Improvements Plan which serves as the standardized
measure of use or generation attributable to the new unit of development based on historical data and
trends applicable to the city during the previous ten years.
Subdivision. The division of a tract of land into parcels for the purpose of selling, conveying,
transferring, leasing, or developing the property, and including the dedication of streets, alleys and
easements.
Wastewater facility. An improvement for providing wastewater collection and treatment,
including, but not limited to, land or easements,treatment facilities, lift stations, or interceptor mains.
Wastewater facility excludes sanitary sewer lines or mains which are constructed by developers, the
costs of which are reimbursed from pro rata charges paid by developers or owners of property in other
subdivisions as a condition of connection to or use of such facility.
Water facility. An improvement for providing water supply, treatment, and distribution service,
including, but not limited to, land or easements, water treatment facilities, water supply facilities or
water distribution lines. Water facility excludes water lines or mains which are constructed by
developers, the costs of which are reimbursed from pro rata charges paid by developers or owners of
property in other subdivisions as a condition of connection to or use of such facility.
Sec. 110-7. Official city map.
The Planning Division is responsible for maintaining an official city map that indicates all subdivisions, lots,
and street names.The official city map shall include the names of all streets and street suffix classifications.Where
street name inconsistencies exist from one subdivision to another, the official city map indicates the generally
accepted street name, its proper spelling,and suffix classification.The Planning Division is responsible for assigning
street addresses for each lot and address ranges for each block in coordination with the fire marshal.
Sec. 110-8. Conformance with applicable rules and regulations.
The subdivision regulations of this chapter are held to be the minimum requirements for the development of
a subdivision within the city. In addition to the requirements established herein, all subdivision plats must conform
to the following:
(a) All applicable state statutory provisions contained in Texas Local Government Code,chapter 212.
(b) The zoning ordinance, building and housing codes,and other applicable development codes of the city.
(c) The official comprehensive land use plan; capital improvements program; master drainage plan; parks,
recreation, and open space plan; transportation plan; and any other official plan adopted by the city
council that influences the subdivision of property in the city.
(d) Any regulations of the city and county health departments and appropriate state agencies.
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(e) The regulations of the state department of transportation when the subdivision abuts a state-
maintained highway.
(f) The standards,codes and regulations adopted for administration by the Building Official.
Sec. 110-9.Jurisdiction and applicability.
These subdivision rules and regulations apply to all subdivisions of land and all land development activities
located within the city limits.
Sec. 110-10. Conflicts with public and private provisions.
(a) This chapter is intended to complement other city, state, and federal regulations that affect land
development.This chapter is not intended to revoke or repeal any other public law, ordinance, rule or
regulation,statute,or permit.
(b) This chapter is not intended to revoke or repeal any easement, deed restriction, covenant, or any other
private agreement. In no case is the City to be obligated to enforce the provisions of any easement,
deed restriction,covenant,or other agreements between private parties.
Secs. 110-11-110-40. Reserved.
ARTICLE IL ADMINISTRATION
Sec. 110-41. Building permits.
(a) Plat required. A building permit for residential or commercial construction will not be issued for any
primary building on any parcel of property unless a final plat has been approved and filed for record in
the deed records of the county,except as follows:
(1) Where a primary residential structure exists, a building permit to repair or renovate the existing
residential structure without adding new square footage may be issued on an unplatted lot,
provided that the value of such proposed construction, including the cumulative value of any
proposed and all previously permitted construction permits on the primary structure, does not
exceed 50 percent of the current value of the existing structure, excluding the value of the land.
Construction permits as used herein do not include electrical, plumbing, or similar non-
construction activities.
(2) A building permit for electrical, plumbing, fence or similar non-construction activities may be
issued on an unplatted lot in any zoning district except for building permits which include
structural enclosures.
(3) A building permit for an accessory structure may be issued on an unplatted lot on agriculturally
zoned property provided regulations of Section 118-293 of the zoning ordinance have been met.
(4) Where a primary nonresidential structure exists, a building permit to construct an addition to, or
renovation of, the existing nonresidential structure may be issued on an unplatted lot, provided
that the value of such proposed construction, including the cumulative value of any proposed and
all previously permitted construction permits on the primary structure, does not exceed fifty (50)
percent of the current value of the existing structure,excluding the value of the land.
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(b) Adequate public facilities. A building permit for a primary building will not be issued until adequate
public facilities have been installed and received approval from the public works department.
(c) Model homes. A building permit may be issued for a single-family dwelling to be used as a model
home when, in the opinion of the Building Official and the public works director, adequate public
facilities have been made available.
Sec. 110-42. Modifications and waivers.
(a) The Planning and Zoning Commission may approve modifications or waivers from these regulations
upon written request from the applicant stating the grounds for such modification or waiver. Where
the Planning and Zoning Commission finds that extraordinary hardships or practical difficulties may
result from strict compliance with these regulations, or the purposes of these regulations may be
served to a greater extent by an alternative proposal, it may approve modification of or waivers to
these subdivision regulations. Such a finding will not have the effect of nullifying the intent and
purpose of these regulations.
(b) The Planning and Zoning Commission may not approve modifications or waivers unless it makes
findings based upon the evidence presented to it in each specific case that:
(1) The conditions upon which the request for a modification or waiver is based are unique to the
property and are not applicable generally to other properties;
(2) A tract has peculiar physical surroundings, severe topographical conditions, or unique
environmental qualities worthy of protection;
(3) Where a hardship to the owner would result rather than a mere inconvenience; or
(4) The modification or waiver will not have an adverse effect on the intent of these provisions or
the comprehensive land use plan.
(c) The applicant has the right to appeal the disapproval of a waiver or modification to the City Council.
Sec. 110-43. Enforcement of chapter regulations.
(a) The Planning Division is responsible for enforcement of the administrative and development
provisions of these regulations. Where a determination of these regulations conflicts with a request
by a developer,the Planning and Zoning Commission may rule and decide on these questions.
(b) It is unlawful for any property owner, or agent of any property owner, to lay out, subdivide or plat
any land into lots, blocks, and streets within the city, or to sell property therein and thereby, that has
not been subdivided according to the ordinances of the city.
(c) The subdivision of any lot or any parcel of land using a metes and bounds description for the purpose
of sale, transfer, or lease with the intent of creating a building lot by evading these regulations, is
considered a violation of this article. All such described subdivisions are subject to all the
requirements contained in these regulations.
(d) The City may refuse to authorize or make utility connections on the grounds set forth in Texas Local
Government Code Section 212.012,as amended.
(e) A building permit will not be issued for the construction of a building upon any lot unless such lot has
been officially recorded by an approved plat in accordance with this chapter. A building permit will
not be issued for the construction of a building upon any lot unless all required public improvements
have been constructed and accepted by the City. Notwithstanding the foregoing, the City may,
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pursuant to administrative policy, issue building permits for residential structures prior to the City's
final acceptance of the required public improvements.
(f) Approval of a final plat is not deemed an acceptance of the proposed dedications and does not
impose any duty upon the City concerning the maintenance or improvement any such dedicated
parts until the proper authorities of the City have both given their written acceptance of the
improvements and have actually appropriated the same by entry, use,or improvements.
Sec. 110-44. Amendments.
(a) Generally. This chapter may be amended, supplemented, changed, modified, or repealed upon
approval of an ordinance by the City Council. The City Council may not enact any proposed
amendment until the Planning and Zoning Commission makes its final report to the City Council.The
City Council may refer proposed amendments to the Planning and Zoning Commission for
recommendation.
(b) Initiation. An amendment may be initiated upon a majority vote of the City Council, or upon a
majority vote of the Planning and Zoning Commission.
(c) Public hearing required. The Planning and Zoning Commission and the City Council must conduct a
public hearing on all proposed amendments to these regulations. The public hearing must be
advertised in a newspaper having general circulation in the city at least ten days prior to the public
hearing.
Sec. 110-45. Requirements for completeness determination.
(a) Every application for approval of any type of plat or plan for development is subject to a
determination of completeness by the Director of Planning.
(b) An application shall not be considered complete and accepted for processing unless it is accompanied
by all documents required by and prepared in accordance with the requirements of this section. For a
determination of completeness to be issued,an application must include the following:
(1) A completed application form signed by the owner or the owner's authorized agent;
(2) Every item, study and document required by this chapter for the type of plat application being
submitted; and
(3) A nonrefundable application submittal fee,as specified in the fee schedule.
(c) The Planning Division must adopt a written list of all documentation and other information that the
City requires to be submitted with a plat application.
(d) A determination of completeness does not constitute a determination of compliance with the
substantive requirements of this section.
Sec. 110-46. Determination of completeness; expiration.
(a) Not later than the tenth business day after the date an application for plat approval or a plan for
development is submitted, the Director of Planning must make a written determination whether the
application constitutes a complete application.This must include a determination that all information
and documents required by this subdivision ordinance for the type of plat being submitted or other
requirements have been submitted. A determination that the application is incomplete must be
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provided to the applicant within such time period at the address listed on the application. The
determination must specify the documents or other information needed to complete the application
and must state that the application will expire if the documents or other information is not submitted
within forty-five(45)days after the date the application was submitted.
(b) An application for approval of a plat or plan filed on or after the effective date of this section is
deemed complete for the purpose of determining rights under the Texas Local Government Code,
Chapter 245, on the eleventh business day after the application has been received, if the applicant
has not otherwise been notified that the application is incomplete. For purposes of this section, the
applicant is deemed to have been notified if the City has mailed a copy of the determination as
provided in subsection (d). A determination of completeness does not constitute a determination of
compliance with the substantive requirements of this section or that the time for completing plat,
development plan or zoning change review has begun.
(c) The processing of an application by any city employee prior to the time the application is determined
to be complete is not binding on the City as the official acceptance of the application for filing. The
incompleteness of an application is grounds for denial of the application regardless of whether a
determination of incompleteness was mailed to the applicant.
(d) An application for plat approval is deemed to expire on the 45th day after the application is
submitted to the Director of Planning for processing if the applicant fails to provide documents or
other information necessary to meet the requirements of the subdivision ordinance or other
requirements as specified in the determination provided to the applicant. Upon expiration, the
application will be returned to the applicant together with any accompanying documents.Thereafter,
a new application for plat approval must be submitted.
(e) No vested rights accrue solely from the filing of an application that has expired pursuant to this
section,or from the filing of a complete application that is subsequently denied.
Secs. 110-47-110-70. Reserved.
ARTICLE III. PLATS
Sec. 110-71. Subdivision Plat Required.
It is unlawful for any individual, person, association, firm, corporation or organization owning a tract of land
located within the corporate limits of the city to hereafter divide the same tract into two or more parts to lay out a
subdivision,to lay out a building lot,or to lay out streets,alleys,squares, parks,or other parts of the tract intended
to be dedicated to public use, or for the use of purchasers or owners of lots fronting on or adjacent to the streets,
alleys, squares, parks,or other parts for purpose of development without having a plat of the subdivision prepared
and approved according to these subdivision regulations.
A division of a tract includes a division regardless of whether it is made by using a metes and bounds
description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory
contract to convey, or by using any other method for purpose of development. A division of land under these
regulations does not include a division of land into parts greater than five acres, where each part has access, and
no public improvement is being dedicated.
The provisions of these subdivision regulations apply to any development that is intended as a single lot,
tract or parcel where a primary structure will be located. Furthermore, no land may be subdivided for purposes of
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development until the plat has received approval from the appropriate approving authority, and the approved plat
has been filed with the county clerk.
Sec. 110-72. Classification of plat submittals.
Whenever a subdivision of land is proposed, the Planning Division will determine which type of plat
application is required.
Sec. 110-73. General platting procedures.
The general procedures for obtaining approval of a subdivision plat for unplatted property include the
following steps completed in the sequence listed below:
(a) Zoning change. The approval of a zoning district change is required where the current zoning
classification is not compatible with the type of development being proposed.This procedure may be
concurrent with the submittal of a minor plat or amending plat.
(b) Preliminary plat. The approval of a preliminary plat is a prerequisite to submitting a final plat. The
minimum requirements for a preliminary plat submittal are contained in Article IV, Preliminary Plat.
(c) Approval of public infrastructure plans.The approval of public infrastructure plans is a prerequisite to
submitting a final plat.The minimum requirements for public infrastructure plans are contained in the
Public Works Design Manual.
(d) Final plat. Upon approval of public infrastructure plans, an application for approval of a final plat may
be submitted.Approval of a final plat is required prior to the filing of a final plat with the county clerk.
The minimum requirements for a final plat submittal are contained in Article V, Final Plat.
(e) Construct public improvements. Upon approval of the final plat and authorization from the public
works director, the developer may proceed with the construction of all public improvements. The
requirements for public improvements are contained in Article X, Required Improvements.
(f) Recording of plat. Upon completion and acceptance of public improvements,the final plat may be filed
with the county clerk.
Sec. 110-74. Approval authority.
The Planning and Zoning Commission is the municipal authority responsible for approving plats pursuant to
Texas Local Government Code,Section 212.006.The approval authority for specific subdivision plat types is further
defined below.
(a) Preliminary plats. The Planning and Zoning Commission must approve, conditionally approve, or
disapprove a preliminary plat application in accordance with this chapter.Additionally,the City Council
must approve, approve with conditions, or disapprove a preliminary plat application in accordance
with this chapter.
(b) Final plat.The Planning and Zoning Commission must approve, conditionally approve, or disapprove a
final plat application in accordance with this chapter.
(c) Minor plat, replat, and amending plat.The Director of Planning is authorized to approve, conditionally
approve, or disapprove a minor plat, replat, or amending plat application. The Director may, for any
reason, elect to present the plat to the Planning and Zoning Commission to approve, conditionally
approve,or disapprove the plat.
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Sec. 110-75. Application for approval.
A person desiring approval of a plat must apply to and file a copy of the plat with the Planning Division.The
lack of information under any item specified herein, or incorrect information supplied by the applicant is cause for
disapproval of the plat.See also Section 110-45 regarding requirements for completeness determination.
(a) Application form and content.The subdividing owner, or authorized agent, must submit an application
for a subdivision plat to the city on forms provided by the Planning Division. Written consent is
required from the legal owner of the property if the applicant is not the owner of record.
(b) Submittal dates. Applications for subdivision plats may be submitted on specific dates established by
the Planning Division. An application for a subdivision plat will not be accepted until it has been
determined that the submittal is complete and in conformance with the requirements of this article.
(c) Taxes and liens paid. Prior to the consideration of a subdivision plat by the City, any delinquent taxes
and any outstanding liens due to the city must be paid.
(d) Application fee. Every applicant for a subdivision plat must pay the applicable fee at the time of
submittal. The fee must include any recording fees required by the county clerk's office. Application
fees are established by a separate ordinance approved by the city council.
Sec. 110-76. Plat review, generally
The following provisions apply to all subdivision procedures in this chapter.
(a) Initiation. The City must review and take final action on any plat application within thirty (30) days of
the application being filed in accordance with the procedures and timelines provided in Texas Local
Government Code, Section 212.009. The prescribed period for reviewing a plat does not begin until
the plat application is determined to be complete in accordance with Section110-45.
(b) Staff review. The Development Review Committee must examine all plats accepted for review for
compliance with these regulations, the zoning ordinance, building and housing codes, and other
applicable development codes of the city. The Committee must provide a written statement of
conditions for the conditional approval or reasons for disapproval of the plat.
(c) Decisions and post-decision actions. The authority responsible for approving the plat may either
approve,approve with conditions,or disapprove the plat.
(1) If the plat is conditionally approved or disapproved,the reasons for such conditions or disapproval
must be provided in writing in accordance with Texas Local Government Code,Section 212.0091.
(2) The applicant may submit a response to the conditionally approved or disapproved plat. The
approving authority must approve or disapprove the response within fifteen (15) calendar days in
accordance with Texas Local Government Code,Section 212.0093.
Sec. 110-77. Official filing and recording of plats.
Upon approval of a plat,the plat may be submitted for recording subject to the following.
(a) The applicant must submit recording fees, the required number of copies of the plat, and other items
required for plat execution, as determined by the Director of Planning, to the city for recording with
the county. The Director will obtain the necessary signatures or certifications required for the type of
plat.
(b) Plats will be recorded with the Tarrant County Clerk after:
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(1) All conditions of approval have been met;
(2) All required public improvements have been completed and accepted by the City,as applicable;
(3) All necessary fiscal agreements approved by the City have been fully executed by all parties;
(4) All applicable fees,assessments,and delinquent taxes have been paid; and
(5) All County filing requirements have been met.
Sec. 110-78. Vacation of plats.
All actions for vacation of a plat must be consistent with applicable state statutes as contained in Texas Local
Government Code,Chapter 212.
Sec. 110-79. Plats straddling municipal boundaries.
Whenever access to a subdivision is necessary or required across land situated in an adjacent municipality,
written approval from the affected city may be required.
Secs. 110-80-110-100. Reserved.
ARTICLE IV. PRELIMINARY PLAT
Sec. 110-101. General requirements
(a) Purpose.The preliminary plat procedure provides a mechanism to determine the general layout of the
subdivision, the adequacy of public facilities needed to serve the intended development, and the
overall compliance of the development with applicant development codes.
(b) Platting land under some ownership. Every preliminary plat must include all the land that the applicant
proposes to subdivide, and all contiguous land owned under the same ownership.This requirement is
intended to aid the Planning and Zoning Commission to determine the need for public improvements,
easements, and future right-of-way reservations that may be required on portions of the land not
being proposed for development.
(c) Phasing of development.The preliminary plat must include any phasing of the proposed development,
with each phase numbered sequentially and in the proposed order of development. The proposed
utility and drainage layout for each phase must be designed in a manner that the phases can be
developed sequentially. Final plats of each phase must conform to the approved overall layout and
phasing unless a new preliminary plat is submitted.
Sec. 110-102. Documents required.
All applications must be submitted to the Planning Division. The application is subject to completeness
review and must include all documents listed below.
(a) Subdivision plat application. A completed application form provided by the Planning Division and
signed by the owner or the owner's authorized agent.
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(b) Preliminary plat drawing.The required number of copies of the preliminary plat drawing as indicated
on the preliminary plat application.The preliminary plat drawing must contain, at a minimum, all the
information required by Section 110-201 (Requirements for all plat drawings) and Section 110-202
(Additional requirements for preliminary plat drawings).
(c) Preliminary drainage analysis.A preliminary drainage analysis of the subdivision area to determine the
need for drainage facilities within the area being considered for development or off-site on adjacent
properties.The preliminary drainage analysis must conform to the technical specifications contained in
the Public Works Design Manual.
(d) Preliminary utility layout. A preliminary utility layout showing the general location and approximate
sizes of all existing and proposed public utilities.The size of all proposed water and sewer lines will be
determined using methods prescribed in the Public Works Design Manual.
(e) Tree preservation plan. If protected trees are present on the property, a tree preservation plan must
be submitted as required by Chapter 114(Vegetation)Article II Trees of the Code of Ordinances.
Sec. 110-103. Review and decision.
(a) The Planning and Zoning Commission must approve, conditionally approve, or disapprove the
preliminary plat application in accordance with Section 110-74 (Approval authority) and with the
approval criteria in Section 110-104(Preliminary plat approval criteria).
(b) The City Council must approve, conditionally approve, or disapprove the preliminary plat application
in accordance with Section 110-74 (Approval authority) and with the approval criteria in Section 110-
104(Preliminary plat approval criteria).
(c) Scope of approval.
(1) Expiration of approval.The approval of a preliminary plat is valid for one year, unless a final plat
application is submitted for all or part of the area covered by the preliminary plat. If only a
portion of the preliminary plat is submitted for final plat action, those areas not platted within
three years of the date of preliminary plat approval will be considered and void.
(2) Extension of preliminary plat approval.The Planning and Zoning Commission may approve a one-
year extension of time upon written request by the owner. In determining whether to grant a
request, the Commission must consider the reasons for the requested extension, the ability of
the applicant to comply with any conditions attached to the original approval, whether the
extension is likely to result in timely completion of the project, and the extent to which any
newly adopted regulations should be applied to the proposed development.
Sec. 110-104. Preliminary plat approval criteria.
In reviewing a preliminary plat application, the Planning and Zoning Commission and City Council must
consider the general criteria in Article XI (Design Criteria)and whether the preliminary plat:
(a) Provides a layout of lots, roads, driveways, utilities, drainage, and other public facilities and services
designed to minimize the amount of disturbance to sensitive natural areas or other community
resources.
(b) Provides evidence of public water and sewer system connections;
(c) Identifies and adequately mitigates known natural hazard areas;and,
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(d) Proposes reasonable project phasing in terms of adequate infrastructure capacity.
Sec. 110-105. Grading of site prior to final plat approval.
Following preliminary plat approval, the developer may request written approval from the City Engineer to
commence construction to the grades and elevations required by the preliminary plat.
Secs. 110-106-110-130. Reserved.
ARTICLE V. FINAL PLAT
Sec. 110-131. General requirements
(a) Purpose. The final plat process assures that the development of the land subject to the plat is
consistent with all land development standards and that public improvements to serve the
development have been installed and accepted by the City or that provision for such installation has
been made.
(b) Conformity with preliminary plat. The final plat must conform to the approved preliminary plat and
incorporate all conditions of approval.
Sec. 110-132. Documents required.
All applications must be submitted to the Planning Division. The application is subject to completeness
review and must include all documents listed below.
(a) Subdivision plat application. A completed application form provided by the Planning Division and
signed by the owner or the owner's authorized agent.
(b) Final plat drawing. The required number of copies of the final plat drawing as indicated on the final
plat application. The final plat drawing must contain, at a minimum, all the information required by
Section 110-201 (Requirements for all plat drawings) and Section 110-203 (Additional requirements
for replat, minor plat,amending plat,and final plat drawings).
(c) Public improvements. A certificate of approval of public infrastructure plans or approved waiver of
public infrastructure plans must be submitted.
(d) Tax certificates. Original tax certificates from the Tarrant County tax office must be submitted. The
certificates must include all property within the plat boundary and indicate that taxes have been paid.
Sec. 110-133. Review and decision.
(a) The Planning and Zoning Commission must approve, conditionally approve, or disapprove the final
plat application in accordance with Section 110-74 (Approval authority) and with the general criteria
in Article XI (Design Criteria).
(b) Upon approval of the final plat, the plat may be submitted for recording in accordance with Section
110-77(Official filing and recording of plats).
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Secs. 110-134-110-150. Reserved.
ARTICLE VI. MINOR PLAT
Sec. 110-151. General requirements
(a) Purpose.The minor plat process is intended to simplify the platting process for qualifying subdivisions
consistent with the provisions of state laws.
(b) Applicability. When a tract or parcel of land has not been previously platted and filed of record, the
owner may elect to submit a minor plat whenever the tract:
(1) is to be subdivided into four or fewer lots;
(2) fronts on an existing street;
(3) does not require the creation of any new street or the extension of municipal facilities;and,
(4) does not require a public hearing for filing of record.
Sec. 110-152. Documents required.
All applications must be submitted to the Planning Division. The application is subject to completeness
review and must include all documents listed below.
(a) Subdivision plat application. A completed application form provided by the Planning Division and
signed by the owner or the owner's authorized agent.
(b) Minor plat drawing. The required number of copies of the plat drawing as indicated on the plat
application. The plat drawing must contain, at a minimum, all the information required by Section
110-201 (Requirements for all plat drawings) and Section 110-203 (Additional requirements for
replat, minor plat,amending plat,and final plat drawings).
(c) Tax certificates. Original tax certificates from the Tarrant County tax office must be submitted. The
certificates must include all property within the plat boundary and indicate that taxes have been paid.
Sec. 110-153. Review and decision.
(a) The Director of Planning must approve or conditionally approve a minor plat, in accordance with
Section 110-74(Approval authority), provided the plat conforms to the requirements of this chapter.
(b) If the Director of Planning determines that the minor plat does not comply with the requirements of
this code,the Director may disapprove the plat.The Director must provide the applicant with written
notification and an explanation of why the plat does not comply with the requirements of this
chapter. The applicant has the right to appeal the disapproval to the Planning and Zoning
Commission.
(c) The Director may, for any reason, elect to present the plat for approval to the Planning and Zoning
Commission.
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(d) Upon approval of the minor plat,the plat may be submitted for recording in accordance with Section
110-77(Official filing and recording of plats).
Secs. 110-154-110-170. Reserved.
ARTICLE VI. REPLAT
Sec. 110-171. General requirements
(a) Purpose. The replat process is used for replatting any portion of an approved final plat, other than
to amend or vacate the plat.
(b) Applicability. A replat of a subdivision or part of a subdivision may be recorded and is controlling
over the preceding plat without vacation of the plat if the replat:
(1) is signed and acknowledged by the owners of the property being replatted;
(2) is approved by the appropriate authority for approving plats in accordance with Section 110-74
(Approval authority); and
(3) does not attempt to amend or remove any covenants or restrictions.
Sec. 110-172. Documents required.
All applications must be submitted to the Planning Division. The application is subject to completeness
review and must include all documents listed below.
(a) Subdivision plat application. A completed application form provided by the Planning Division and
signed by the owner or the owner's authorized agent.
(b) Replat drawing. The required number of copies of the plat drawing as indicated on the plat
application. The plat drawing must contain, at a minimum, all the information required by Section
110-201 (Requirements for all plat drawings) and Section 110-203 (Additional requirements for
replat, minor plat,amending plat,and final plat drawings).
(c) Public improvements. A certificate of approval of public infrastructure plans or approved waiver of
public infrastructure plans must be submitted.
(d) Tax certificates. Original tax certificates from the Tarrant County tax office must be submitted.The
certificates must include all property within the plat boundary and indicate that taxes have been
paid.
Sec. 110-173. Review and decision.
(a) The Director of Planning must approve or conditionally approve a replat, in accordance with
Section 110-74 (Approval authority), provided the plat conforms to the requirements of this
chapter.
(b) If the Director of Planning determines that the replat does not comply with the requirements of
this code, the Director may disapprove the plat. The Director must provide the applicant with
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written notification and an explanation of why the plat does not comply with the requirements of
this chapter. The applicant has the right to appeal the disapproval to the Planning and Zoning
Commission.
(c) The Director may, for any reason, elect to present the replat for approval to the Planning and
Zoning Commission.
(d) If any of the area to be replatted was zoned for or limited by deed restriction to residential use for
not more than two residential units per lot, and the proposed replat requires a modification or
waiver, a public hearing must be held by the Planning and Zoning Commission as required by
Section 212.015,Texas Local Government Code.
(e) Upon approval of the replat, the plat may be submitted for recording in accordance with Section
110-77(Official filing and recording of plats).
Secs. 110-174-110-190. Reserved.
ARTICLE VIII. AMENDING PLAT
Sec. 110-191. General requirements
(a) Purpose.The amending plat process is intended to provide a method to correct minor errors and to
make minor adjustments to a recorded plat consistent with the provisions of state law.
(b) Applicability. An amending plat may be considered for one or more of the purposes prescribed in
Texas Local Government Code,Section 212.016.
Sec. 110-192. Documents required.
All applications must be submitted to the Planning Division. The application is subject to completeness
review and must include all documents listed below.
(a) Subdivision plat application. A completed application form provided by the Planning Division and
signed by the owner or the owner's authorized agent.
(b) Amending plat drawing.The required number of copies of the plat drawing as indicated on the plat
application. The plat drawing must contain, at a minimum, all the information required by Section
110-201 (Requirements for all plat drawings) and Section 110-201 (Additional requirements for
replat, minor plat,amending plat,and final plat drawings).
(c) Tax certificates. Original tax certificates from the Tarrant County tax office must be submitted.The
certificates must include all property within the plat boundary and indicate that taxes have been
paid.
Sec. 110-193. Review and decision.
(a) The Director of Planning must approve or conditionally approve an amending plat, in accordance
with Section 110-74 (Approval authority), provided the plat conforms to the requirements of this
chapter.
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(b) If the Director of Planning determines that the amending plat does not comply with the
requirements of this code, the Director may disapprove the plat. The Director must provide the
applicant with written notification and an explanation of why the plat does not comply with the
requirements of this chapter. The applicant has the right to appeal the disapproval to the Planning
and Zoning Commission.
(c) The Director may, for any reason, elect to present the amending plat for approval to the Planning
and Zoning Commission.
(d) Upon approval of the amending plat, the plat may be submitted for recording in accordance with
Section 110-77 (Official filing and recording of plats).
Secs. 110-194-110-200. Reserved.
ARTICLE IX. TECHNICAL SPECIFICATIONS FOR PLAT DRAWINGS
Sec. 110-201. Requirements for all plat drawings.
Every plat drawing must include the information contained in this article.
(a) Adjacent properties.All property lines, streets,and easements on lands immediately adjacent to and
contiguous with the perimeter of the proposed subdivision and extending 100 feet from the
perimeter must be shown with the names of the owners. If the adjacent properties are platted, the
names of adjoining subdivisions and the names of adjoining streets must be shown.
(b) Building setback lines. Front building setback lines must be indicated by dashed lines on all lots in
accordance with the requirements of the zoning chapter for the appropriate zoning district. Side
yard building setback lines must be indicated by dashed lines on the side yards of lots with side
street frontage. Additional building setbacks may be required by the Planning and Zoning
Commission when sound planning principles apply. Existing building setback lines on adjacent
properties must be shown,where applicable.
(c) City limit lines.The location of the corporate limit boundaries of the city or any adjacent city must be
shown on the plat drawing where applicable.
(d) Date.The date on which the drawing was prepared must be shown on the plat drawing.
(e) Easements.The location and dimension of all existing or proposed easements must be shown on the
plat drawing and indicating whether such easement is for any specific purpose. General easements
for the use of public utilities of not less than seven and one-half feet (7.5 feet) in width must be
provided along 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 lines
or across lots. In all cases, easements must connect with easements already established on adjoining
properties or extend to connect with a public right-of-way. Lots must not be designed with an
easement or easements that prevents proper development and full utilization of the lot as a suitable
building site for the intended zoning district.
(f) Lot and block numbering. All lots and blocks must be consecutively numbered or lettered in
alphabetical order.The blocks in subdivisions bearing the same name must be numbered or lettered
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consecutively through the several sections or phases. Lettering for blocks must be larger and bolder
than lot numbers or circled to make identification clear.
(g) Map sheet size. Map sheets must be Arch C or Arch D in size. Sheets must be numbered in sequence
if more than one sheet is used and provided with match lines.
(h) North arrow. A north arrow indicating the approximate true north must be predominantly placed
near the scale.
(i) Ownership/developer. The name, address, and telephone number of the current legal owner, and
the name, address, and telephone number of the developer, if other than the owner, must be
shown on the plat drawing.
(j) Plat notes and conditions. When appropriate, the drawing must include a listing of any plat notes
and plat conditions in a readily identifiable location with each note numbered consecutively.
(k) Public use areas.The location and dimensions of all property proposed to be set aside for park use,
or other public or common reservation must be shown on the plat drawing, with designation of the
purpose thereof,and conditions, if any,of the dedication or reservation.
(1) Scale.The drawing must be prepared at a numerical scale no greater than one inch equals 100 feet.
At the discretion of the Planning Division,the plat may be drawn at a numerically smaller scale, i.e.,
one inch =50 feet, one inch =40 feet, etc., if the plat can still be drawn on the required sheet size.A
graphic scale symbol must be placed on the drawing.
(m) Street names. All existing and proposed street names must be shown on the plat drawing. New
street names must be sufficiently different in sound and in spelling from other road names in the
city to not cause confusion. A road which is, or planned, as a continuation of an existing road must
bear the same name.
(n) Street right-of-way. The width of all existing and proposed public street rights-of-way must be
shown on the plat drawing and comply with the minimum requirements contained in the design
manual and the transportation plan. Dimensions must be shown for all curves. The distance from
the centerline of any existing roadway of a boundary street to the proposed subdivision must be
shown to determine the adequacy of right-of-way along the route and to determine if additional
right-of-way is necessary to accommodate the proposed street. Sufficient iron pins must be found or
set and shown on the drawing together with dimensions to adequately describe all perimeter
streets.
(o) Subdivision boundary. The proposed subdivision boundary lines must be shown in heavy lines to
provide a differentiation with the internal features of the area being proposed for platting. The
location and dimensions of all boundary lines of the property must be expressed to the nearest
hundredth foot.
(p) Subdivision name. The name of the proposed subdivision with letters predominantly larger than
those used elsewhere must be shown on the drawing within the title block.The proposed name of
the subdivision must not be a duplication of any existing subdivision name, whether by spelling or
pronunciation, or similar to any other subdivision within the city unless the proposed subdivision is
contiguous with a subsequent filing or a replat of an existing subdivision. The Planning and Zoning
Commission has final authority to designate the name of the subdivision.
(q) Surveyor information. The name, address and telephone number of the professional land surveyor
who prepared the plat drawing must be shown on the plat drawing. The plat drawing must include
the seal of a registered professional land surveyor in the state of Texas.
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(r) Title block. Preceding the name of the subdivision a title block must be included indicating whether
the plat is a preliminary plat,final plat, replat, minor plat,or amending plat.
(s) Vicinity location map. A small vicinity location map must be shown on the plat drawing.The vicinity
location map must be drawn at an approximate scale of one inch = 2,000 feet, and show sufficient
streets,collector and arterial street names, and major features of the surrounding area to locate the
area being subdivided.
(t) Surveyor's certification. Every plat drawing must include a surveyor's certification of compliance by a
registered professional land surveyor.The certification must indicate that the plat is true and correct
and prepared from an actual survey on the ground conducted by the surveyor.
Sec. 110-202. Additional requirements for preliminary plat drawings.
In addition to the minimum information required of all plat drawings contained in Section 110-201, every
preliminary plat drawing must include the information contained in this section.
(a) Permanent structures. The location and general outline of any existing permanent or temporary
structures with sufficient dimensions to determine building line encroachments must be shown on
the plat drawing.
(b) Sectionalizing or phasing of plats.The plat drawing must indicate any sectionalizing or phasing of the
proposed subdivision.Thereafter, plats of subsequent units of the subdivision must conform to the
approved overall layout and phasing, unless a new preliminary plat is submitted. However, a
subsequent reduction of a phase may be considered, provided that it conforms to the original street
arrangement.
(c) Lot dimensions.The approximate dimensions of all proposed or existing lots with sufficient detail to
verify compliance with the requirements of the zoning chapter must be shown on the plat drawing.
(d) Floodplain features. The location of the 1% Chance or 100-year flood limits, if applicable, must be
shown on the preliminary plat drawing. If any portion of the subdivision is located in a FEMA
designated Special Flood Hazard Area (SFHA), the developer must comply with the flood damage
prevention article of the Code of Ordinances.
(e) Certificate of approval. Every preliminary plat drawing must contain a certificate of approval by the
Planning and Zoning Commission and City Council in a format prescribed by the Planning Division.
Sec. 110-203. Additional requirements for replat, minor plat, amending plat, and final plat
drawings.
Every replat, minor plat, amending plat, or final plat drawing must include the following information in
addition to the minimum information required of all plat drawings contained in Section 110-201.
(a) Metes and bounds description. A written metes and bounds description of the property must be
shown on the plat drawing that will readily determine the location, bearing, and length of all
perimeter boundary lines, and be capable of reproducing such lines upon the ground with a closure
error of less than 1:25,000. The legal description must include reference to an original survey or
subdivision corner and the Texas NAD83 State Plane Coordinate System. The legal description must
include the acreage of the total area of the proposed subdivision and be consistent with the
subdivision boundary. The description must reference the last instrument conveying title to each
parcel of property involved in the proposed subdivision, giving grantor, grantee, date, and land
records reference.
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(b) Global positioning system (GPS)horizontal control survey.The plat drawing must include the NAD83
Texas State Plane Coordinates for a minimum of two corners of the subdivision. The coordinates
must be determined by a survey tied to the city's GPS monuments located within the city.
(c) Lot dimensions.The exact dimensions of all proposed or existing lots and the perimeter boundary of
the subdivision must be shown on the plat drawing.
(d) Lot areas. The area for each lot expressed in square feet must be shown on the plat drawing. This
information may be shown in tabular form on the plat.
(e) Irregular side lot lines. Side lot lines that are not perpendicular to the street right-of-way must be
labeled with bearing and distance.
(f) Permanent structure encroachments. Any permanent structures that encroach any building setback
lines and that will remain after completion of the development must be shown on the drawing with
appropriate dimensions.
(g) Drainage easements.The location of any drainage easements must be shown on the plat drawing. If
any portion of the subdivision is located in a FEMA designated Special Flood Hazard Area (SFHA),the
developer will be required to comply with the flood damage prevention article of the Code of
Ordinances.
(h) Certification of approval. Every replat, minor plat, amending plat, or final plat must contain a
certificate of approval appropriate to the type of plat and in a format prescribed by the Planning
Division.
(i) County certification. Any certification block required by the county clerk's office for filing must be
shown on the plat drawing.
(j) Dedication certificate. Every replat, minor plat, amending plat, or final plat must contain an owner's
certificate of dedication,signed and notarized,stated as follows:
KNOW ALL MEN BY THESE PRESENTS:
That, I, (owner's name) do hereby certify that I am the legal owner of the above described tract
of land and do hereby convey to the public for public use, the streets, alleys, rights-of-way, and
any other public areas shown on this plat.
STATE OF TEXAS
COUNTY OF TARRANT
Before me, the undersigned notary public in and for said county and state on this day personally
appeared , known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same for the purpose and
considerations therein expressed,and in the capacity therein stated.
Secs. 110-204-110-230. Reserved.
ARTICLE XI. DESIGN CRITERIA
Sec. 110-231. Conformity with zoning regulations.
The minimum area and dimensions of all lots must conform to the requirements of the applicable zoning
district as contained in the zoning chapter of this Code(chapter 118).
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Sec. 110-232. Generally.
Every subdivision plat must be reviewed by the city for conformance with the design criteria contained in this
article. It is recognized that suitability characteristics vary from site to site, and the Planning and Zoning
Commission may provide oversight in the interpretation,application,and enforcement of these criteria.
(a) Access from major thoroughfares. Where a residential subdivision borders or contains an existing or
proposed thoroughfare as shown on the transportation plan, residential lots must not, where
possible, derive access directly from an existing or proposed C2U collector street, or larger.
Nonresidential lots that have frontage onto or derive access directly from an existing or proposed
C2U collector street, as shown on the Transportation Plan, must have driveway locations that
comply with the spacing requirements contained in the Public Works Design Manual, unless
otherwise approved by the City Engineer.
(b) Alleys. Unless permitted by the property's zoning designation, the use of a public alley is limited to
nonresidential subdivisions.Where existing alley right-of-way exists, lots may be platted adjacent to
and gain access from the alley right-of-way.
(c) Block depths. Blocks must have sufficient depth to provide for two tiers of lots of appropriate
depths. Exceptions to this prescribed block depth may be permitted in blocks adjacent to major
streets, railroads,waterways,or city limit lines.
(d) Block lengths. Block lengths in residential areas must not exceed 15 times the minimum lot width
required in the zoning district or 1,000 feet long without an intersection with another street. Blocks
designed for industrial uses may be of such length and width as determined suitable and
appropriate for the intended use. In blocks longer than 1,000 feet, the dedication of an easement
through the block may be required to accommodate utilities, drainage facilities, or pedestrian
traffic.When such an easement is required,additional width must be included in the adjacent lots.
(e) Buildable area. Every residential lot proposed for development must contain a buildable area of at
least 125 percent of the minimum structure square footage required for the applicable zoning
district.The buildable area must be situated out of the 1%Chance Special Flood Hazard Area.
(f) Character of the land. Land that is unsuitable for subdivision or development due to flooding,
improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility
easements, or other features that will reasonably be harmful to the safety, health, and general
welfare of the present or future inhabitants of the subdivision and/or its surrounding areas, may not
be subdivided or developed until adequate methods are formulated by the developer and approved
by the City to solve the problems created by the unsuitable land conditions.
(g) Conformity with comprehensive plan. Plats and proposed public improvements must conform to the
comprehensive Land Use Plan and its constituent elements, including but not limited to, the
Transportation Plan; Parks, Recreation & Open Space Master Plan; small area plans; urban design
plans;and all other applicable development-related plans and ordinances of the city.
(h) Corner clip. At all street intersections, a minimum ten-foot by ten-foot corner clip sidewalk and
utility easement or right-of-way dedication diagonal to the street right-of-way lines must be
provided.
(i) Corner lots. Additional lot width must be provided for corner lots to allow for two street frontage
setback lines.
(j) Cul-de-sac length. A street may not be designed to be dead ended without the installation of a cul-
de-sac designed and constructed in accordance with Public Works Design Manual standards. A cul-
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de-sac street must not exceed 500 feet in length, as measured along the street centerline from the
projected curb intersection to the farthest curb location.
(k) Double frontage lots. Double frontage and reversed frontage lots are discouraged except where
necessary to provide separation of residential development from collector or arterial streets or to
overcome specific disadvantages of topography and orientation. Conditions may be placed on the
plat to limit the facing of main structures on or limit driveway access from any collector or arterial
street.
(1) Drainage easements. Lot lines must be drawn to the center of the drainage easement. Any lot
intended to be used as a buildable lot that contains a drainage easement must be designed to have
a buildable area of at least 125 percent of the minimum square footage required for the applicable
zoning district.
(m) Flag lots. Flag lots are expressly prohibited, unless:
(1) The proposed lot configuration is needed to abate an unusual property accessibility
constraint not created by the applicant;
(2) The property has acute topographical conditions or constraints;or,
(3) The unusual adjacent property boundary configuration constrains the arrangement of an
otherwise standard lot configuration.
Where any the above items are present, the Planning and Zoning Commission may grant a waiver
to allow such configuration, provided the following conditions are met:
(1) The waiver does not circumvent the normal platting of streets or public and emergency
access;
(2) The waiver does not prevent the extensions of streets to adjacent unsubdivided property;
(3) The lot width is not less than fifty (50) feet in width at its frontage connection with the
adjacent public street; and,
(4) The narrow or elongated part of the flag does not exceed one hundred (100)feet in length,
measured from the connecting street frontage to where the lot widens into a flag shape to
create a suitable building area.
(n) Frontage on improved roads required. A subdivision will not be approved unless the area to be
subdivided has a minimum of fifty (50) feet of contiguous frontage on and access to an existing
public street, and such access meets the minimum street construction requirements contained in
the Public Works Design Manual.
(o) Grading and lot drainage. Grading and lot drainage must comply with the requirements and
standards contained in the Public Works Design Manual. Residential lots must be graded in a
manner that will not allow runoff to cross more than two lots, including the lot on which the
drainage originates, before it enters a street or drainage easement. If this is not possible, then a
drainage easement must be dedicated, and any necessary facilities be constructed and installed by
the developer. Lots must be laid out to provide positive drainage away from all buildings. Individual
lot drainage must be coordinated with the general storm drainage pattern for the area.
(p) Intersection angles. Spacing of intersections along major streets must comply with the requirements
and standards contained in the Public Works Design Manual. Not more than two streets may
intersect at any one point unless specifically approved by the Planning and Zoning Commission.
Proposed new intersections along one side of an existing street must coincide with any existing
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intersections on the opposite side of such street. Streets must be laid out to intersect as nearly as
possible at right angles. Intersections that are not right angles must use the following criteria:
(1) A proposed intersection of two new streets at an angle of less than 75 degrees is not
permitted. An oblique street intersection or curved street approaching an intersection should
be approximately at right angles for at least 100 feet therefrom.
(2) Street jogs with centerline offsets of less than 150 feet are not permitted, except where the
intersected street has separated dual drives without median breaks at either intersection.
(q) Lot dimensions.The minimum area and dimensions of all lots must conform to the requirements of
the applicable zoning district as contained in the zoning chapter of this Code (chapter 118). Side lot
lines must be located at right angles to street lines or as a radial. Lot lines that are not at right angles
to street lines,or shown as a radial, must contain a bearing notation. Dimensions of corner lots must
be large enough to allow for the construction of buildings, observing the minimum front and side
yard setback from both streets.The depth and width of properties reserved or laid out for business,
commercial, or industrial purposes must be adequate to provide for the off-street parking and
loading facilities required for the intended type of use and development.
(r) Masonry screening walls. Masonry screening walls must be constructed adjacent to any residential
thoroughfare designated as C4U Major Collector or larger on the Transportation Plan. Screening
walls must not be constructed within the street right-of-way.A two and one-half foot(2.5)screening
wall easement must be provided on the plat drawing.
(s) Multiple entrance and exit locations.The use of two or more entrance and exit locations is required
when the subdivision contains thirty(30)or more lots.
(t) Rights-of-way. Right-of-way widths must be consistent with those shown on the Transportation
Plan. Right-of-way widths in excess of the standards designated on the Transportation Plan may be
required whenever, due to topography, additional width is necessary to provide adequate earth
slopes.
(u) Water bodies. If a tract being subdivided contains a water body or portion thereof, lot lines shall be
drawn to distribute the entire ownership of the water body among adjacent lots.
If a water body is intended to be situated on its own lot, then the lot must be numbered according
to the numbering sequence of the subdivision. Any lot intended to be used as a buildable lot which
includes a water body shall contain a buildable area that is, at a minimum, 125 percent of the
minimum square footage required for the applicable zoning district.
(v) Common access easements.To the maximum extent practicable, common access easements will be
required between and/or across any lots zoned, used and/or planned by the Land Use Plan for
nonresidential purposes and fronting on arterial and collector streets in order to minimize the total
number of access points along those streets and to facilitate traffic flow between lots. The
easements must be provided on the final plat, minor plat, replat, or amending plat of the subject
properties,or be recorded by separate instrument with Tarrant County.
The common access easement must be at least twenty (20) feet wide. The easement must
encompass existing and proposed driveways and extend across the entire width of the property to
provide access to adjacent properties.The location must be approved by the Director of Planning.
Maintenance of any common access easement is the responsibility of the property owner or
property owner's association, as applicable. When an easement is created by plat, a maintenance
note must be added to the plat acknowledging maintenance responsibility. When the easement is
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created by separate instrument, the maintenance responsibility must be acknowledged within the
separate instrument.
Secs. 110-233-110-250. Reserved.
ARTICLE X. REQUIRED IMPROVEMENTS
Sec. 110-251. General infrastructure policy.
(a) The developer must install all water and sewer systems, street and drainage facilities, and any other
facilities required by these regulations that are necessary for the proper development of the
subdivision.The design, construction, and inspection of any public or semipublic improvements is a
requirement of the developer. All such facilities must be designed and constructed in accordance
with the Public Works Design Manual and conform to the general layout of the master plan water,
sanitary sewer,drainage,or transportation.
(b) When required by master plans for water, sanitary sewer, drainage, or transportation, the facilities
must be sized in excess of that as required by city capital improvements plans. Where oversizing of
public facilities is required, or where the relocation of public facilities is required, or where specific
public or semipublic improvements are necessary for the proper development of the subdivision,
the developer of the proposed subdivision must construct or relocate said public or semipublic
facilities.
(c) 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 their land first must comply with the
following:
(1) If the public improvements are required for the actual development of the subdivision, then
the first developer is responsible for obtaining the necessary right-of-way or easements from
the adjoining property owner or owners and for installing those improvements at their own
expense.
(2) If the improvements are not required for the actual development of the subdivision,then the
developer must provide, within their subdivision, all the easements or right-of-way necessary
for the improvements.
(3) Reserve strips of land controlling access to or egress from other property, or to or from any
street or alley, or having the effect of restricting or damaging the adjoining property for
subdivision purposes, or which do not meet the minimum standards of the zoning district in
which it lies, or which will not be taxable or accessible for special improvements, are
prohibited in any subdivision.
Sec. 110-252. Water facility requirements.
The developer must furnish, install, construct, or extend, at their own expense, water distribution facilities
necessary for the development of the subdivision.The water system must provide individual service to every lot in
the subdivision. All water mains constructed within a proposed subdivision must be extended to the perimeter of
the proposed subdivision to allow for future extension of the water system into adjacent properties. The water
system must be designed and constructed in accordance with the specifications contained in the Public Works
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Design Manual. All water system improvements must conform to the city's current water distribution system
capital improvements plan.
Sec. 110-253. City participation in water and sewer system oversizing.
Where oversizing of water and sewer system improvements is required by the capital improvements plan,
city participation in any proposed water or sewer line must be in accordance with the provisions of the water and
sewer impact fee ordinance. City participation is not available for water lines that are not part of the proposed
improvements contained in the capital improvements plan.
Sec. 110-254. Fire hydrant requirements.
The developer must install, at their own expense, enough fire hydrants to provide fire protection service to
every lot in the subdivision.The fire hydrant system must be designed according to the specifications contained in
the Public Works Design Manual. The layout of the system is subject to approval by the City Engineer and Fire
Marshal.
Sec. 110-255. Sewer facility requirements.
The developer must furnish, install, construct, or extend, at their own expense, sewer collection facilities
necessary for the proper development of the subdivision. The sewer system must provide individual service to
every lot in the subdivision.All sewer mains constructed within the proposed subdivision must be extended to the
perimeter of the proposed subdivision to allow for future extension of the sewer system into adjacent properties
regardless of whether such extensions are required for service within the subdivision. The sewer system must be
designed and constructed in accordance with the specifications contained in the Public Works Design Manual.
Where considered necessary by the City Engineer, the facilities must be sized in excess of that dictated by the
Public Works Design Manual,to provide for the future growth and expansion of the city systems.All sanitary sewer
installations must conform to the city's wastewater system capital improvements plan.
Sec. 110-256. City participation in sewer system oversizing.
Where oversizing of sewer system improvements is required by the capital improvements plan, city
participation in any proposed sewer line must be in accordance with the provisions of the water and sewer impact
fee ordinance. City participation is not available for sewer lines that are not a part of the proposed improvements
contained in the capital improvements plan.
Sec. 110-257. Construction in public rights-of-way.
(a) Utilities to be in rights-of-way or easements; underground utilities, exceptions. All public utilities
must be constructed within a public street right-of-way or an appropriate public utility easement.
When a proposed water or sewer line or a drainage facility will be placed adjacent to a public road
maintained by the Texas Department of Transportation, a separate specific use easement document
must be provided for each utility or drainage facility. Public utilities must be placed underground in
new subdivisions absent a compelling demonstration that this requirement is unreasonable or
unfeasible.
(b) Underground utilities at rear of lot (October 13, 2003, to November 10, 2003). In residential
subdivisions with final plats approved on or after October 13, 2003, and on or before November 10,
2003, underground electric utilities may be allowed in an easement not greater than 10 feet wide
along the front or side property lines as long as above-ground electrical transformers and other
electrical appurtenances in such subdivisions do not exceed 36 inches in height, are placed on a
concrete pad not exceeding 18 square feet in area enclosed on three sides by living evergreen plant
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screening at least 10 inches higher than the transformer, but not exceeding four and one-half feet in
height, with the open side away from the nearest street. The owner of the lot where the
transformer is located is responsible for the initial planting of the plant screening, which must be in
place prior to final inspection of the house on such lot. In the event the homeowner's association
wishes to install the plant screening, it may do so before any home receives final inspection. The
homeowner's association is responsible for the maintenance of the screening in either case. The
foregoing requirements are exclusive,and the remaining subsections of this section shall not apply.
(c) Underground utilities at rear of lot (after November 10, 2003). In residential subdivisions platted
after November 10,2003,all new residential subdivisions require electrical,telecommunications and
cable facilities, including new service drops,to be placed underground in an easement at the rear lot
line. Where rear lot utilities are located on corner lots, above ground appurtenances must be
located a maximum of five feet from the side building line.
(d) Transformers. All electrical transformers must be accessible by a seven (7) foot wide dedicated
Oncor utility easement that extends to the transformer. Physical access to the transformer will be
provided via a five-foot wide removable fence panel or gate located in the easement. Property
owners will be responsible for providing security for the transformer and will make sure that the
transformer is free from obstruction.The city will make reasonable efforts through communication
and code enforcement to assure that residents provide unobstructed access including unlocked
gates.The necessity for removal of minimal fencing and/or landscaping within easements to permit
the replacement of facilities, appurtenances, and equipment is considered to be within the
definition of reasonable access.
Transformers and other appurtenances shall not exceed 36 inches in height and transformers shall
be placed on a concrete pad not exceeding 18 square feet in area. Fire hydrants and traffic signal
controllers are exempted from the rear lot or tract line requirement.
In all cases, before construction of facilities commence, the easement shall be reduced to final
grade, at developer's sole cost and expense. Additionally, if such easement is located within a
floodplain, the entire surface of the easement shall be raised above the floodplain elevation, at
developer's sole cost and expense, before construction of the facilities commences. Sight visibility
easements and horizontal clear triangles are not appropriate locations for the placement of
aboveground facilities, appurtenances, and equipment as they would create safety concerns by
blocking or impairing the visibility of vehicular traffic.
(e) Exceptions. Exceptions to the rear lot location may be granted by providing facts and circumstances
to the Planning and Zoning Commission to demonstrate rear lot utility location is not technically or
environmentally feasible. Since the impact of technical and environmental factors may differ,
exceptions for each utility will be considered separately and on a stand-alone basis.
(f) Requirements for nonrear lot locations. Service lines, aboveground appurtenances and equipment
locations for utility service approved by the Planning and Zoning Commission for other than the
required rear lot locations must follow the guidelines below:
(1) Underground utility service lines must be located within a 10 foot wide easement, equally
divided and paralleling the side property line of two adjacent lots. Aboveground electrical
transformers and other utility appurtenances located within such easements must be
located five feet from the front building setback line.
(2) Transformers will be hinged to provide for rear service access. Access to the rear must be
free from obstructions. Additionally, the use of surface "hand boxes" versus pedestals for
electric utilities is required.
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(3) Screening of the above ground appurtenance by a live vegetative screen is recommended
for the street front and sides of the pad. Maintenance of the optional screening shall be the
responsibility of the owners of the adjacent lots where the appurtenance is located.
(4) In situations where the grade requires retaining walls, the transformer pad will be located
on the lower grade and the retaining walls will be "jogged" to accommodate the
transformer pad and provide adequate service access.
(5) Exceptions to any requirement must be resolved at the preliminary plat stage.
Nothing herein shall be construed as to require utility companies to place underground existing or
new electric facilities, nor to prohibit the upgrading, reconstruction or reconductoring of existing
overhead facilities in the city's public rights-of-way.
Sec. 110-258. Street right-of-way dedication.
Each subdivision plat must dedicate public street right-of-way of sufficient width to comply with the
standards contained on the Transportation Plan and the following requirements:
(a) All street rights-of-way must be integrated with the existing and proposed system of thoroughfares
and rights-of-way.
(b) Every lot must front on a public right-of-way that complies with the width shown on the
Transportation Plan or,when approved by the city,an acceptable public access easement.
(c) Street rights-of-way must be configured to allow for future access to adjacent properties.When the
adjacent property develops,street connections to the existing access points must be provided.
Sec. 110-259. Street improvement requirements.
The developer must construct, at their own expense, street facilities necessary for the development of the
subdivision.The street system must provide access to every lot in the subdivision,and comply with the following:
(a) All street surfaces within or abutting the proposed subdivision must be paved, with curbs and
gutters installed, and otherwise constructed in accordance with the standards and specifications
contained in the Public Works Design Manual.
(b) All paving must be constructed to the width specified by the functional classification of streets as
contained in the Transportation Plan.
(c) Dead end streets are permitted only where a future extension or connection is anticipated or
planned into adjacent property. If the dead end is greater than 150 feet measured from the property
line, a turnaround facility is required.The developer is responsible for acquiring the right-of-way or
easement and constructing the turnaround. The turnaround will be considered temporary until the
street is extended or a permanent cul-de-sac is constructed. The turnaround may be constructed
without curb and gutter but must meet all other design criteria.
(d) Where dead end streets are provided for future extensions or connections into adjacent properties,
the developer of the adjacent property must tie into and extend the street into the adjacent
development.
Sec. 110-260. City participation in thoroughfare street improvements.
(a) The city will only participate in the construction costs of a collector or arterial street as designated
by the Transportation Plan and located in conventional single-family residential areas.When the City
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Engineer has determined that the need for additional street capacity is not directly attributable to
the traffic pattern of the proposed development, the city may participate in the portion of the
roadway in excess of 36 feet, measured from curb face to curb face.The developer must pay for 36
feet of roadway, including any extra depth of pavement, curb and gutter for both sides, all
excavation required,all subgrade preparation,and all other costs involved in the street construction,
including engineering costs.
(b) When a street is required to be constructed with extra width or special conditions by the city for
aesthetic value or special circumstances, the city will participate on the same basis as in
thoroughfare considerations.Where the oversizing of the street is at the discretion of the developer
for aesthetic purposes or special considerations, participation is not allowed.
(c) In non-single-family residential areas,when existing development would require additional strength
design or additional width of pavement to accommodate expected traffic use, city participation is
not allowed.
Sec. 110-261. Sidewalk requirements.
The developer must construct, at their own expense,sidewalk facilities necessary for the development of the
subdivision.The sidewalk system must provide appropriate curb ramps adjacent to all public street rights-of-way.
Sidewalk construction and placement must conform to the following:
(a) Sidewalks must be designed and constructed in accordance with the standards and specifications
contained in the Transportation Plan and Public Works Design Manual.
(b) Sidewalks are required on all street frontages.
(c) All side yard sidewalks and rear yard sidewalks adjacent to perimeter streets must be constructed by
the developer as part of the public improvements for the development.
(d) On individual lots, front yard sidewalks and sidewalks on the side yard of corner lots must be
constructed by the builder for each lot prior to completion of any primary structure.
Sec. 110-262. Masonry screening wall requirements(semipublic improvement).
The developer of a newly platted residential or nonresidential subdivision or resubdivision of lots adjacent to
a C4U Major Collector thoroughfare, or larger, as shown on the Transportation Plan, must comply with the
screening wall requirements as provided in this section.
(a) The developer of any lot located in a newly platted residential subdivision, or resubdivision of
existing residential lots adjacent to a C4U Major Collector thoroughfare, or larger, must construct a
masonry or concrete screening wall along and adjacent to said thoroughfare. However, a replat of
an existing one lot residential subdivision on any street is exempt.
(b) The developer of any lot located in a newly platted nonresidential subdivision, or resubdivision of
lots, which have a rear property line adjacent to a C4U Major Collector, or larger, must construct a
masonry or concrete screening wall along and adjacent to said thoroughfare.
(c) The masonry or concrete screening wall must be constructed in a manner consistent with the
standards and specifications contained in the Public Works Design Manual. Any combination of
ornamental metal and landscaping at street intersections,or entrances to subdivisions, is considered
an acceptable alternate material. Except for landscaping materials, masonry or concrete screening
wall or its foundation is prohibited within the street right-of-way.
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(d) Any masonry screening wall constructed within the city which is not required by subsection (a) or
subsection (b) of this section must be constructed in a manner consistent with the standards and
specifications contained in the Public Works Design Manual.
Sec. 110-263. Drainage improvement requirements.
The developer must furnish, install, construct, or extend, at their own expense, all storm sewers and
drainage structure facilities necessary for the development of the subdivision.All drainage improvements must be
constructed in accordance with the criteria established in the Public Works Design Manual. All public drainage
facilities must be constructed within a public drainage easement.
Sec. 110-264. Off-site drainage.
In respect to off-site drainage,the following provisions apply:
(a) The developer is be responsible for all runoff from fully developed property upstream of the
proposed development.
(b) Where a drainage study indicates that additional runoff from the developing property will overload
downstream drainage facilities and result in adverse impacts, the city may withhold approval of the
development until appropriate provisions have been made. These provisions include any drainage
design or construction plans necessary to accommodate the off-site drainage problem.
Sec. 110-265. Street lighting.
The developer must furnish, install, construct or extend, at their own expense, street lighting facilities
necessary for the development of the subdivision. The street lighting system must comply with the location and
spacing requirements for street lighting systems contained in the Public Works Design Manual.
Sec. 110-266. City-Developer agreements.
(a) 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 $5,000.00, then the developer must execute a City-
Developer Agreement. 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$5,000.00 or
more, the contract for such construction must be advertised for bids in accordance with the city's
Charter and will require the execution of a City-Developer Agreement as noted above. The
developer must deposit with the City the funds or acceptable security as required by the applicable
city ordinances required to pay their portion of the construction costs prior to the construction. It is
the responsibility of the developer's engineer to prepare all contract documents 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.
(b) 20n projects not requiring a 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, provided that such plans have been approved by the City
Engineer. All construction must be in accordance with the applicable sections of this chapter. The
developer may choose their 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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Sec. 110-267. Temporary improvements.
The developer must build and pay for all costs of temporary improvements required by the City Engineer and
must maintain same for a period specified by the city.
Sec. 110-268. Maintenance bond requirements.
Prior to beginning construction, the developer's contractor is required to file a maintenance bond with the
City in an amount and form satisfactory to the City Engineer, in order to ensure the satisfactory condition of the
required improvements for a period of two years after the date of their acceptance by the City.
Sec. 110-269. Public works construction authorization required.
Construction must not start on any street, sidewalk, drainage, utility or public improvement until authorized
by the City Engineer and a two-year maintenance bond has been issued for all facilities in the subdivision or the
approved phase of the said subdivision.
Sec. 110-270. Inspection of proposed public facilities.
The Public Works Department will provide for inspection of required public improvements during
construction and ensure their satisfactory completion. If the City Engineer finds upon inspection that any of the
required improvements have not been constructed in accordance with city construction standards and
specifications, the developer will be notified that building permits will not be issued until all inconsistencies have
been corrected. All construction debris or waste must be removed from all areas of the subdivision prior to the
issuance of the letter of completion of public improvements by the City Engineer.
Sec. 110-271. Final walk-through and construction debris.
The developer must arrange for a final walk-through inspection with the City Engineer. Cut trees, timber,
debris, rocks, stones,junk, rubbish, or other waste materials of any kind must not be buried in any land or left or
deposited on any lot or street at the time of completion of public facilities. Removal of all debris and waste is
required prior to approval and acceptance of all public improvements and prior to the issuance of any building
permit or certificate of occupancy.
Sec. 110-272. Letter of completion of public improvements.
(a) The City will not accept dedication of required improvements until the City Engineer has provided
written certification that all required improvements have been satisfactorily completed in
accordance with construction plans for the subdivision and are ready for dedication to the city and
are free and clear of any and all liens and encumbrances. Upon such approval and recommendation,
the city will thereafter accept the improvements for dedication.
(b) Upon approved completion of the construction of the public facilities,the developer's engineer must
provide the City Engineer 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 City Engineer will then
issue a letter of completion of public improvements to the developer and authorize the release of
the subdivision for the issuance of building permits.
Sec. 110-273. Installation of permanent field monuments
(a) Generally. The developer must place permanent reference monuments in the subdivision as
required herein and under the direction of a registered land surveyor or professional engineer. All
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such monuments must be set flush with or below the ground and planted in such a manner that
they will not be generally disturbed.
(b) Subdivision boundaries.The external boundaries of a subdivision must be documented in the field by
monuments of not less than four inches square or five inches in diameter,and marked on top with a
cross, brass plug, iron rod, or other durable material securely embedded; or by iron rods or pipes
not less than 18 inches in length and one-half inch in diameter.These monuments must be placed at
all corners of the subdivision boundary,at each end of all curves,at the point where a curve changes
its radius,at all angle points in any line,and at all angle points along a meandering line.
(c) Internal block corners. Permanent monuments must be placed at all internal block corners, street
intersections, street angle points and curves tangents by iron rods or pipes at least 18 inches long
and one-half inch in diameter.
(d) Lot corners. Permanent monuments must be placed at the corners of all lots in the field by iron rods
18 inches long and one-half inch in diameter.
Secs. 110-274-110-300. Reserved.
ARTICLE XIII. ADEQUACY OF PUBLIC FACILITIES; PROPORTIONALITY
Sec. 110-301. Purpose and policy.
(a) These subdivision regulations of the city are designed and intended to achieve the following
purposes and will be administered so as to:
(1) Promote the health, safety, morals and general welfare of the community and the safe,
orderly and healthful development of the city;
(2) Establish adequate policies and procedures to guide development of the city;
(3) Provide for the establishment of minimum specifications for construction and engineering
design criteria for public infrastructure improvements to maintain land values, reduce
inconveniences to residents of the area,and to reduce related unnecessary costs to the city
for correction of inadequate facilities that are designed to serve the public;
(4) Ensure that development of land and subdivisions is of such nature, shape and location
that utilization will not impair the general welfare;
(5) Ensure against the dangers of fires,floods,erosion, landslides,or other such menaces;
(6) Preserve the natural beauty and topography of the city and to ensure appropriate
development with regard to these natural features;
(7) Realistically and harmoniously relate new development of adjacent properties;
(8) Provide the most beneficial circulation of traffic throughout the city, having particular
regard to the avoidance of congestion in the streets and highways, and pedestrian traffic
movements;and to provide for the proper location and width of streets;
(9) Ensure that public facilities for water supply, drainage, disposal of sanitary and industrial
waste, and parks are available for every building site and with adequate capacity to serve
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the proposed subdivision before issuance of a certificate of occupancy or release of utility
connections or final inspection within the boundaries of the plat;
(10)Assure that new development adequately and fairly participates in the dedication and
construction of public infrastructure improvements that are necessitated by or attributable
to the development or that provide value or benefit that makes the development feasible;
(11) Help prevent pollution, assure the adequacy of drainage facilities, control storm water
runoff, safeguard the water table, and encourage the wise use and management of natural
resources throughout the city and its extraterritorial jurisdiction in order to preserve the
integrity,stability,and beauty of the community and the value of the land;and
(12) Provide for open spaces through the most efficient design and layout of the land, while
preserving the land use intensity as established in the zoning ordinance of the city.
(b) To carry out the purposes hereinabove stated, it is declared to be the policy of the city to guide and
regulate the subdivision and development of land in such a manner as to promote orderly growth
both within the city and where applicable.
(c) Land must not be platted until proper provision has been made for adequate public facilities for
roadways, drainage, water, wastewater, public utilities, capital improvements, parks, recreation
facilities,and rights-of-way for streets.
(d) Proposed plats or subdivisions that do not conform to the policies and regulations will be denied,or,
in lieu of denial,disapproved conditioned on conformance with conditions.
(e) There is an essential nexus between the requirement to dedicate rights-of-way and easements
and/or to construct public works improvements in connection with a new subdivision and the need
to offset the impacts on the city's public facilities systems created by such new development.
Sec. 110-302. Adequate public facilities.
(a) Land proposed to be subdivided must be served adequately by essential public facilities and
services, including water and wastewater facilities, roadway and pedestrian facilities, drainage
facilities and park facilities.An application for a plat or development may be denied unless adequate
public facilities necessary to support and serve the development exist or provision has been made
for the facilities,whether the facilities are to be located within the property being platted or offsite.
(b) It is necessary and desirable to provide for dedication of rights-of-way and easements for public
works improvements to support new development at the earliest stage of the development process.
(c) The city desires to assure both that impacts of new development are mitigated through
contributions of rights-of-way,easements and construction of capital improvements,and that a new
development be required to contribute not more than its proportionate share of such costs.
(d) Proposed public works improvements serving new development must conform to and be properly
related to the public facilities elements of the city's adopted master plan, other adopted master
plans for public facilities and services, and applicable capital improvements plans, and must meet
the service levels specified in such plans.
Sec. 110-303. Minimum standards.
(a) The standards established in Article X (Required improvements) of this chapter and Article III of
Chapter 94 (Neighborhood parkland dedication requirements) of the Code of Ordinances and other
ordinances of the city for dedication and construction of public works improvements and
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infrastructure are based upon engineering studies and historical usages and demands by different
categories of development. These regulations identify certain minimum requirements and sizes for
utilities, roadways, parks,and other facilities that the City Council has determined to be necessary in
order to provide the minimum level of service necessary to protect or promote the public health,
safety, and welfare and to assure the quality of life currently enjoyed by the citizens of North
Richland Hills. It is the intent of these regulations that no development occurs until and unless these
minimum levels of service are met. Therefore, each subdivision in the city is required to dedicate,
construct and/or upgrade required facilities and infrastructure to a capacity that meets these
minimum levels.
(b) For each category of public infrastructure, a minimum standard of infrastructure, and in some cases,
service level, has been developed based upon historic studies and construction projects of the city
and other cities. These minimum standards take into consideration the soil conditions and
topographic configuration of the city, the use and impact analyses of the North Central Texas
Council of Governments in developing standard specifications for public works installation, and
other historical use and performance experiences of the city that reflect the minimum level of
facilities and services that must be built to meet the health, safety and welfare of the citizens of
North Richland Hills.
(c) In order to maintain prescribed levels of public facilities and services for the health, safety and
general welfare of its citizens, the city may require the dedication of easements and rights-of-way
and/or construction of on-site and/or off-site public works improvements for water, wastewater,
road, drainage, or park facilities to serve a proposed subdivision, or require the payment of fees in
lieu thereof. If adequate levels of public facilities and services cannot be provided concurrent with
the schedule of development proposed, the city may deny the subdivision until the public facilities
and services can be provided or require that the development be phased so that the availability and
delivery of facilities and services coincides with the demands for the facilities created by the
development.
(d) Whenever the City Council determines that levels of service in excess of these minimum standards
are necessary in order to promote the orderly development of the city, the owner will qualify for
reimbursement for any costs in excess of the minimum levels of service through city participation,
to the extent funds are available by a pro rata reimbursement policy or other means adopted by the
city.
Sec. 110-304. Adequacy of specific facilities.
(a) All lots to be platted must be connected to a public water system that has the capacity to provide
water for domestic use and emergency purposes, including adequate fire protection.
(b) All lots to be platted must be served by an approved means of wastewater collection and treatment.
The City may require the phasing of development and/or improvements in order to maintain
adequate wastewater capacity.
(c) Proposed roads must provide a safe, convenient and functional system for vehicular, bicycle, and
pedestrian circulation and must be properly related to the applicable Transportation Plan and any
amendments thereto and must be appropriate for the particular traffic characteristics of each
proposed subdivision or development. New subdivisions must be supported by a thoroughfare
network having adequate capacity,and safe and efficient traffic circulation. Each development must
have adequate access to the thoroughfare network. The City may require the phasing of
development and/or improvements in order to maintain a safe,convenient and functional system of
roads for vehicular and pedestrian circulation.
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(d) Drainage improvements serving new development must be designed to prevent overloading the
capacity of the downstream drainage system.The City may require the phasing of development,the
use of control methods such as retention or detention, the construction of off-site drainage
improvements, or drainage impact fees in order to mitigate the impacts of the proposed
subdivision.
Sec. 110-305. Improvement of adjacent and abutting existing streets and utilities.
In the case of existing adjacent or abutting roads, the City may require that the entire right-of-way be
dedicated and/or improved to the City's design standards, based upon factors including the impact of the
proposed subdivision on the road, safety to the traveling public, conditions and life expectancy of the road, the
impact of the proposed subdivision on other roads, the timing of this development in relation to need for
improving the road,the impact of the traffic on the road and city's roadway system as a whole.
Sec. 110-306. Timing of dedication and construction.
(a) The City will require an initial demonstration that a proposed subdivision will be adequately served
by public facilities and services at the time for approval of the first development application that
portrays a specific plan of development, including but not limited to a petition for establishing a
planned development zoning district, or other overlay zoning district; or a developer's agreement;
or an application for a preliminary or final plat.
(b) The obligation to dedicate rights-of-way and/or to construct one or more public works
improvements to serve a new subdivision may be deferred until approval of a subsequent phase of
the subdivision, at the sole discretion of the City Engineer, upon written request of the property
owner,or at the City's own initiative.As a condition of deferring the obligation,the City may require
that the subdivider include provisions in the developer's agreement, specifying the time for
dedication of rights-of-way for and/or construction of public works improvements serving the
subdivision.
Sec. 110-307. Proportionality determination by city's engineer.
(a) Prior to a decision by the Planning and Zoning Commission on a preliminary plat application,or if no
preliminary plat application is required,on a final plat application,or any other application for which
an exaction requirement is a condition of approval, the City Engineer must prepare a written
statement affirming that each exaction requirement to be imposed as a condition of approval is
roughly proportionate to the demand created by the subdivision or development on the applicable
public facilities system of the city, taking into consideration the nature and extent of the
development proposed. In making this determination,the City Engineer may consider the following:
(1) Categorical findings of the North Central Texas Council of Governments in developing
standard specifications for public infrastructure improvements;
(2) The proposed and potential use of the land;
(3) The timing and sequence of development in relation to availability of adequate levels of
public facilities systems;
(4) Impact fee studies, traffic impact studies, drainage studies or other studies that measure
the demand for services created by developments and the impact on the city's public
facilities system;
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(5) The function of the public infrastructure improvements in serving the proposed subdivision
or development;
(6) The degree to which public infrastructure improvements necessary to serve the proposed
subdivision are supplied by other developments;
(7) The anticipated participation by the City in the costs of necessary public infrastructure
improvements;
(8) The degree to which acceptable private infrastructure improvements to be constructed and
maintained by the applicant will offset the need for public infrastructure improvements;
(9) Any reimbursements for the costs of public infrastructure improvements for which the
proposed subdivision is eligible; and/or
(10)Any other information relating to the impacts created by the proposed subdivision or
development on the City's public facilities systems.
(b) Based upon the proportionality determination, the City Engineer must affirm that the exaction
requirements of the subdivision ordinance, or other ordinance requiring the permit, as applied to
the proposed subdivision or development, do not impose costs on the applicant for public
infrastructure improvements that exceed those roughly proportionate to the impact of the
proposed subdivision or development.
(c) The City Engineer may require that the applicant, at their expense, submit any information or
studies that may assist in making the proportionality determination.
Sec. 110-308. Rough proportionality determination of Planning and Zoning Commission and
City Council.
(a) The Planning and Zoning Commission and City Council must consider the City Engineer's report
concerning the proportionality of the exaction requirements in making a decision on a plat
application. The Commission and the City Council may consider the City Engineer's report in
granting a modification or waiver to the requirements of the subdivision ordinance.
(b) The city official responsible for issuing a permit for which an exaction requirement is imposed as a
condition of approval must consider the City Engineer's report concerning the proportionality of the
exaction requirements in making its decision as to whether to grant the permit.
Sec. 110-309. Rough proportionality appeal.
(a) An applicant for a preliminary or final plat or for a permit which imposes an exaction requirement as
a condition of approval may file an appeal to contest any exaction requirement, other than impact
fees, imposed as a condition of approval or in which the failure to comply is grounds for denying the
plat application pursuant to the subdivision ordinance.
(b) The purpose of a proportionality appeal is to assure that an exaction requirement imposed on a
proposed plat or development as a condition of approval does not result in a disproportionate cost
burden on the applicant,taking into consideration the nature and extent of the demands created by
the proposed subdivision or development on the City's public facilities systems.
Sec. 110-310. Appeals procedure.
(a) An applicant for a preliminary or final plat or an applicant seeking approval for any other permit or
zoning for which an exaction requirement is imposed must file a written appeal with the City
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Secretary within ten (10) days of the date the Planning and Zoning Commission or the City official
responsible for issuing the permit takes action applying the exaction requirement.This may include
denial of the permit or plat.
(b) A separate appeal form must be submitted for each exaction requirement for which relief is sought.
The City Secretary will forward the appeal to the City Council for consideration.
(c) A developer's agreement may not be executed by the City until the time for appeal has expired or, if
an appeal is filed, until the City Council has made a determination with respect to the appeal.
(d) The appeal must state the reasons that application of the exaction requirement is not roughly
proportional to the nature and extent of the impact created by the proposed subdivision or
development on the City's public facilities systems and does not reasonably benefit the proposed
subdivision or development.
(e) The appellant must submit to the City Engineer a copy of a study in support of the appeal that
includes, with respect to each specific exaction requirement appealed, the following information
within 30 days of the date of appeal, unless a longer time is requested:
(1) Total capacity of the City's water, wastewater, roadway, drainage, or park system, as
applicable, to be utilized by the proposed subdivision or development, employing standard
measures of capacity and equivalency tables relating the type of development proposed to
the quantity of system capacity to be consumed by the subdivision. If the proposed
subdivision is to be developed in phases, such information must be provided for the entire
development, including any phases already developed;
(2) Total capacity to be supplied to the City's public facilities systems for water, wastewater,
roadway, drainage or parks, as applicable, by the exaction requirement. This information
must include any capacity supplied by prior exaction requirements imposed on the
development;
(3) Comparison of the capacity of the applicable City public facilities systems to be consumed
by the proposed subdivision or development with the capacity to be supplied to such
systems by the proposed exaction requirement. In making this comparison,the impacts on
the City's public facilities systems from the entire subdivision or development must be
considered;
(4) The amount of any City participation in the costs of oversizing the public infrastructure
improvements to be constructed by the applicant in accordance with the City's
requirements;
(5) Comparison of the minimum size and capacity required by City standards for the applicable
public facilities systems to be utilized by the proposed subdivision or development with the
size and capacity to be supplied by the proposed exaction requirement; and
(6) Any other information that shows the alleged disproportionality between the impacts
created by the proposed development and the exaction requirement imposed by the City.
(f) The City Engineer must evaluate the appeal and supporting study and make a recommendation to
the City Council based upon the analysis of the information contained in the study and utilizing the
same factors considered by the engineer in making the original proportionality determination.
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Sec. 110-311. City Council decision.
(a) The City Council must decide the appeal within thirty(30)days of the date of final submission of any
evidence by the applicant. Upon receipt of the final submission of evidence from the applicant, the
City Secretary must schedule a time and date for the City Council to consider the appeal and shall
notify the applicant at the address specified in the appeal form of the time, date and location at
which the City Council will consider the appeal.
(b) The applicant will be allotted time, not to exceed thirty (30) minutes, to present testimony at the
City Council meeting. The Council must base its decision on the criteria listed in subsections 110-
301(a)and 110-310(e)and may:
(1) Deny the appeal and impose the exaction requirement in accordance with the City
Engineer's recommendation or the Planning and Zoning Commission's decision on the plat
or other development application; or
(2) Grant the appeal, and waive in whole or in part an exaction requirement to the extent
necessary to achieve proportionality;or
(3) Grant the appeal, and direct that the City participate in the costs of acquiring land for or
constructing the public infrastructure improvement.
(c) In deciding an appeal, the City Council must determine whether application of the exaction
requirement is roughly proportional to the nature and extent of the impact created by the proposed
subdivision on the City's public facilities systems for water, wastewater, roadway, drainage, or park
facilities, as applicable, and reasonably benefits the subdivision. In making such determination, the
Council must consider:
(1) The evidence submitted by the applicant;
(2) The City Engineer's report and recommendation, considering in particular the factors
identified in subsections 110-301(a)and 110-310(e); and
(3) If the property is located within the City's extraterritorial jurisdiction, any
recommendations from Tarrant County.
(d) The City Council may require the applicant or the City Engineer to submit additional information
that it deems relevant in making its decision.
Sec. 110-312. Action following decision of City Council.
(a) If the City Council finds in favor of the applicant and waives the exaction requirement as a condition
of plat approval or modifies the exaction requirement to the extent necessary to achieve rough
proportionality, the applicant must resubmit the plat application to the Planning Division or City
official responsible for issuing the permit within thirty (30) days of the date the City Council takes
action, with any modifications necessary to conform the plat with the City Council's decision. The
applicant will not be deemed to have prevailed in the event that the City Council modifies the
exaction requirement.
(b) If the City Council finds in favor of an applicant for any other permit and waives the exaction
requirement as a condition of permit approval or modifies the exaction requirement to the extent
necessary to achieve rough proportionality, the applicant must resubmit the permit application to
the responsible official within thirty (30) days of the date the City Council takes action, with any
modifications necessary to conform the application with the City Council's decision. Failure to do so
will result in the expiration of any relief granted by the City Council.
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(c) If the City Council denies the appeal, the plat application must be placed on the agenda of the
Planning and Zoning Commission within 30 days of the City Council's decision.
(d) If the rough proportionality appeal was submitted appealing the imposition of an exaction
requirement for a plat application, and City Council grants relief to an applicant but the applicant
fails to conform the plat to the City Council's decision within the 30-day period provided, the relief
granted by the city council on the appeal will expire.
(e) If the plat application is modified to increase the number of residential dwelling units or the
intensity of nonresidential uses, the City Engineer may require a new study to validate the relief
granted by the City Council.
(f) If the plat application for which relief was granted is denied on other grounds, a new appeal will be
required on any subsequent application.
Sec. 110-313. Appeal of City Council decision.
An applicant may appeal the decision of the City Council to the county or district court of the county in which
the development is located within thirty(30) days of the date that the Council issues its final decision. In the event
that the applicant prevails in such action, the applicant will be entitled to attorneys' fees and costs, including
expert witness fees.
Secs. 110-314-110-350. Reserved.
ARTICLE XIX. IMPACT FEES
Sec. 110-351. In general; purpose; policy.
This article is adopted pursuant to the provisions of Chapter 395, Texas Local Government Code, as well as
under the authority of Article 11, Section 5 of the Texas Constitution.This article implements a policy of the City to
impose fees upon each new development project to pay the costs of constructing capital improvements and
facility expansions necessary to serve new development.
Sec. 110-352. Definitions.
See Section 110-6(Definitions).
Sec. 110-353. Capital Improvements Advisory Committee.
(a) The Capital Improvements Advisory Committee will consist of the city Planning and Zoning
Commission. If the Commission does not include at least one representative of the real estate,
development or building industry who is not an employee or official of a political subdivision or
governmental entity, the City Council must appoint at least one such representative as an ad hoc
voting member of the Committee.
(b) The Capital Improvements Advisory Committee serves in an advisory capacity and is established to:
(1) Advise and assist the adoption of land use assumptions;
(2) Review the capital improvements plan and file written comments;
(3) Monitor and evaluate implementation of the capital improvements plan;
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(4) File semi-annual reports with respect to the progress of the capital improvements plan and
report to the city council any perceived inequities in implementing the plan or imposing the
impact fee; and
(5) Advise the city staff and Council of the need to update or revise the land use assumptions,
capital improvements plan and impact fee.
(c) All professional reports concerning the development and implementation of the capital
improvements plan must be made available to the Committee.
(d) The Capital Improvements Advisory Committee must elect a chairperson to preside over its
meetings and a vice-chairperson to serve in their absence. All meetings of the Committee must be
open to the public and posted at least 72 hours in advance. Robert's Rules will, insofar as applicable,
govern the conduct of the Committee's business. A majority of the membership of the Committee
will constitute a quorum.
Sec. 110-354. Periodic updates required.
The land use assumptions and capital improvements plan upon which impact fees are based must be
updated at least every five years, beginning with the next such update to be on or before March 7, 2015.
Alternatively,the City Council may, pursuant to the provisions of Section 395.0575 of the Local Government Code,
make a determination that an update is not required.
Sec. 110.355. Adoption of updated land use assumptions, capital improvements plan and
impact fees; impact fee required.
(a) The 2010 land use assumptions, capital improvements plan and impact fees proposed by staff and
on file in the office of the City Secretary along with the tables referred to herein are hereby
adopted.
(b) A building permit will not be granted to new construction of any property, nor will any original
water or sewer service connection be made unless or service commenced unless and until impact
fees required by this article are assessed and collected or a contract providing for payment as
approved by the City entered into.
Sec. 110-356. Assessment of impact fees.
(a) Assessment of the impact fee per service unit will occur as set forth in Section 110-357 (Collection
of impact fees).
(b) Additional impact fees or increases in fees will not be assessed unless the number of service units to
be developed on the tract increases. Should the service units be increased, impact fees will be
increased in an amount equal to the current impact fee per service unit multiplied by the difference
in number of service units.
Sec. 110-357. Collection of impact fees.
(a) At the time building permits are requested (or, if property is to be connected to mains without such
permits, at the time connection to mains is requested), the number of service units will be
determined from the number of residential meters using, if necessary,the meter equivalency tables
in Appendix A(Fee schedule) in the Code of Ordinances.
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(b) The amount of the impact fee due will be determined by multiplying the number of service units
times the amounts of the impact fees together with the applicable Fort Worth access fee for water
and wastewater contained in Appendix A(Fee schedule) in the Code of Ordinances.
(c) The impact fee due must be collected at the time a building permit is issued or, if connection is to
occur without a permit, prior to connection to the city main.
(d) The determination of impact fees will be reduced by any allowable credits for the category of capital
improvements as provided by Section 110-358(Credits).
(e) The owner of property for which there is a recorded plat may enter into a written agreement with
the City providing for the time and method of payment of impact fees,which agreement will prevail
over any contrary provision of this article.
(f) Impact fees may be assessed,but not collected,for property where service is not available unless:
(1) The City commits to commence construction of necessary facilities identified in the capital
improvements plan within two years and have service available in a reasonable time not
exceeding five years;
(2) The City agrees in writing to permit the owner of the property to construct or finance the
required capital improvement or facility expansion and agrees that the costs incurred or
funds advanced will either:
a. Be credited against the impact fees otherwise due from the new development;
b. Reimburse the owner for such costs from impact fees paid from other new
developments that will use such capital improvements or facility expansions in which
case fees may be reimbursed to the owner at the time collected; or
c. The owner voluntarily requests that the City reserve capacity to serve future
development and the city,and the owner enter into a valid written agreement.
Sec. 110-358. Credits.
(a) Any construction of, contributions to, or dedications of any facility appearing on the capital
improvements plan which is required to be constructed by the owner as a condition of development
will be credited against the impact fees otherwise due for the same category of impact fees
otherwise due from the development.
(b) The amount of each credit for required construction of a facility on the capital improvements plan
will be calculated by multiplying fifty (50) percent by the number indicated in the column titled "10-
Year (2009-2019)" of Table 3-3 of Exhibit B for water infrastructure projects and the column titled
"10-Year(2009-2019)" of Table 3-4 of Exhibit B for wastewater infrastructure projects.
(c) As an alternative to the foregoing, the City and the owner may enter into an agreement providing
that in addition to the credit, the owner will be reimbursed for all or a portion of the costs of such
facilities from pro rata charges collected from others who connect to such facilities and from impact
fees as received from other new developments that will use such capital improvements or facility
expansions. Pro rata charges paid will be credited against impact fees in the same manner as
expenditures for facilities constructed as set forth in subsection (b) hereinabove above.
(d) An owner is entitled to a credit against any category of impact fee as provided in any written
agreement between the city and the owner.
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(e) Credit for construction of any facility must not exceed the total amount of impact fees due from the
development for the same category of improvements.
Sec. 110-359. Expenditure and accounting for fees and interest.
(a) All impact fees collected must be deposited in interest bearing accounts clearly identifying the
category of capital improvements or facility expansions within the service area for which the fee is
adopted.
(b) Interest earned must be credited to the account and is subject to the same restrictions on
expenditures as the funds generating such interest.
(c) Impact fees and the interest earned thereon may be spent only for the purposes for which such fee
was imposed as shown in the capital improvements plan.
(d) The records of the accounts into which impact fees are deposited must be open for public
inspection and copying during ordinary business hours.
Sec. 110-360. Refunds.
(a) On the request of an owner of the property on which an impact fee has been paid, impact fees must
be refunded if existing facilities are available and service is denied or if the City failed to commence
construction of facilities required for service within two years of payment of the fee or if such
construction is not completed within a reasonable time, but not in any event in more than five years
from the date of payment of the fee.
(b) Any impact fee funds not expended within ten years after payment must be refunded.
(c) Refunds must bear interest calculated from the date of collection to the date of refund at the
statutory rate set forth in Section 302.002,Texas Finance Code.
(d) All refunds must be made to the record owner of the property at the time the refund is paid.
However, if the impact fees were paid by another political subdivision or governmental entity,
payment must be made to the political subdivision or governmental entity.
(e) The owner of the property on which an impact fee has been paid or another political subdivision or
governmental entity that paid the impact fee has standing to sue for a refund under this section.
Sec. 110-361. Certification of compliance required.
(a) Each year the City imposes an impact fee it must submit a written certification verifying compliance
with this chapter to the attorney general each year not later than the last day of the city's fiscal
year.
(b) The certification must be signed by the mayor of the city and include a statement that reads
substantially similar to the following: This statement certifies compliance with the Texas Local
Government Code chapter 395.
(c) In the event the City fails to submit a certification as required by this section, it is liable to the state
for a civil penalty in an amount equal to ten percent of the amount of the impact fees erroneously
charged.The attorney general may collect the civil penalty and deposit the amount collected to the
credit of the housing trust fund.
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PART II -CODE OF ORDINANCES
Chapter 110 SUBDIVISIONS
Chapter 110 SUBDIVISIONS'
ARTICLE L IN GENERAL
Sec. 110-1. Title of chapter.
The regulations of this chapter shall hereinafter be known,cited and referred to as"Subdivision Regulations
of the City of North Richland Hills,Texas,"and they shall be a part of the Code of Ordinances of the city.
(Ord. No. 1982, § 1(100),3-24-1994)
Sec. 110-2. Authority of chapter provisions.
The subdivision regulations of this chapter are adopted under the authority of the constitution and laws of
the state,as promulgated by V.T.C.A., Local Government Code§212.001 et seq.The subdivision regulations of this
chapter are adopted pursuant to the provisions of article XIV of the Home Rule Charter for the city.
(Ord. No. 1982, § 1(105),3-24-1994)
Sec. 110-3. Purpose of chapter.
(a) The regulations contained in this chapter are adopted to promote and encourage the development of high
quality subdivisions by establishing standards for the provision of adequate light,air,open space,
stormwater drainage,transportation, public utilities,and suitable building lots.Through the application of
these regulations,the interests of the public,as well as those public and private parties, both present and
future, having interest in property affected by these regulations are protected by establishing fair and
rational procedures for developing land.
(b) These regulations are designed and intended to achieve the following purposes and shall be administered so
as to:
(1) Promote the health,safety, morals and general welfare of the city;
(2) Promote the orderly and healthful development of the city;
'Charter reference(s)—Power of city council to adopt plats,art.VI, §3(1);streets and alleys,art.VI, § 1; planning,
building regulations,art.XIV.
Cross reference(s)—Any ordinance regarding subdivisions saved from repeal, § 1-11(a)(7); environment,ch.34;
streets,sidewalks and other public places,ch.70; utilities,ch.78; buildings and building regulations,ch.98;
floods and stormwater management,ch. 102;vegetation,ch. 114; zoning,ch. 118.
State law reference(s)—Planning and development,V.T.C.A., Local Government Code §§211.001 et seq.,212.001
et seq.
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(3) Provide for adequate light,air,and privacy;to secure safety from fire,flood,and other danger;to
prevent overcrowding of the land and undue congestion of population:and to provide minimum width
and depth of building lots and building lines;
(4) Protect and conserve the value of land throughout the city;
(5) Provide the most beneficial circulation of traffic throughout the city, having particular regard to the
avoidance of congestion in the streets and highways,and pedestrian traffic movements;and to provide
for the proper location and width of streets;
(6) Establish reasonable standards of design and procedures for subdivisions and resubdivisions, in order
to further the orderly layout and use of land; and to ensure proper legal descriptions and
documentation of subdivided land;
(7) Ensure that public facilities are available for every building site and with sufficient capacity to serve the
proposed subdivision,and to provide public facilities for future developments;
(8) Ensure the adequacy of drainage facilities; and to encourage the wise use and management of natural
resources throughout the city in order to preserve the integrity,stability,and beauty of the
community;
(9) Preserve the topography of the city and to ensure appropriate development with regard to natural
features; and
(10) Address other needs necessary for insuring the creation and continuance of a healthy,attractive,safe
and efficient community that provides for the conservation,enhancement and protection of its human
and natural resources.
(Ord. No. 1982, § 1(110),3-24-1994)
Sec. 110-4. Policy.
In order to carry out the purpose of the regulations of this chapter, it is hereby declared to be the policy of
the city to consider the subdivision of land,and its subsequent development,as subject to the control of the
municipality, pursuant to the comprehensive plan,for the orderly, planned,efficient and economical development
of the city. Furthermore, it is the policy of the city that:
(1) Land shall not be subdivided,for purposes of development, until proper provision has been made for
drainage,water,sewerage,and transportation facilities.
(2) All public improvements shall conform to and be properly related to the comprehensive land use plan
of the city and the design manual.
(3) These regulations shall supplement and facilitate the enforcement of provisions and standards
contained in the zoning chapter(chapter 118 of this Code)and building codes adopted by the city.
(Ord. No. 1982, § 1(115),3-24-1994)
Sec. 110-5. Definitions.
(a) Generally. All definitions of words contained herein shall correspond with the most appropriate definitions
appearing in the Webster's New Collegiate Dictionary, unless specifically defined in this section.
(b) Words and terms. The following words,terms and phrases,when used in this chapter,shall have the
meanings ascribed to them in this subsection,except where the context clearly indicates a different
meaning:
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Alley means a minor public right-of-way primarily designed to serve as secondary access to the side or rear of
properties whose principal frontage is on some other street.
Applicant means the owner,authorized representative or designated agent of land being proposed for
subdividing.
Block means a tract of land bounded by streets,or by a combination of streets, public parks,cemeteries,
railroad rights-of-way,shorelines of waterways,or boundary lines of municipalities and containing one or more
building sites.
Bond means a form of security other than a cash deposit to be used as surety or as a guarantee.
Building means any structure which is built for the support,shelter,or enclosure of persons,animals,
chattels,or movable property of any kind.
Building official means the senior building officer of the city charged with responsibility for issuing building
permits and enforcing the building code.
Building setback line means a line established beyond which no part of a building shall project,except as
otherwise provided in the zoning chapter of this Code(chapter 118).
City attorney means the licensed attorney designated by the city to furnish legal assistance for the
administration of these regulations.
City council means the legislative governing body of the city having the power to adopt and amend these
regulations.
City engineer means a registered professional engineer on the city staff or a consulting firm of registered
professional engineers designated to represent the city.
Collector street means a major road intended to move traffic from local roads to minor arterials.A collector
road generally surrounds a neighborhood or a group of neighborhoods.
Comprehensive land use plan means a written document containing the development policies of the city
including a map of the city showing a graphic representation of the proposed uses of the various land areas of the
city and which has been adopted by the city council as the official guide for future development.
Construction plans means the maps or engineering drawings accompanying a subdivision plat and showing
the specific location and design of improvements to be installed in the subdivision in accordance with the
requirements of the Design Manual.
Crosswalk way means a public right-of-way, usually four feet or more in width between property lines,which
provides pedestrian circulation.
Cul-de-sac means a local street with only one outlet and having an appropriate terminal for the safe,
convenient reversal of traffic movement.
Dead-end street means a street,other than a cul-de-sac,with only one outlet.
Design manual means the city Public Works Design Manual which established minimum criteria for the
design of public works/utilities.
Developer means the official applicant or agent representing the owner of any plat being proposed for
subdivision and being a person having an interest in land and causes it to be divided into a subdivision.
Development review committee means a committee composed of municipal department representatives to
provide technical services in the administration of these regulations.
Drainage flume means a concrete drainageway usually centered on lot lines and designed to carry
stormwater runoff from adjoining lots.
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Easement means authorization by a property owner for the use by another,and for a specified purpose,of a
designated part of his property,such as a drainage easement, utility easement or a public access easement.
Engineer means a person duly authorized under the provisions of the Texas Engineering Practices Act,as
heretofore or hereafter amended,to practice the profession of civil engineering.
Escrow means a deposit of cash still in force on a performance or maintenance bond.
Final plat means the authentic map or official plan of record of a subdivision of land prepared from actual
field measurement and staking of all identifiable points by a registered professional land licensed surveyor with the
subdivision location properly referenced to a survey corner or specific landmark reference.
Frontage means the side or sides of a lot abutting a street right-of-way.
Frontage street means any street to be constructed by the developer or any existing street in which
development takes place on both sides.
Highway, limited access, means a freeway, or expressway, providing a trafficway for through traffic, in
respect to which owners or occupants of abutting property on lands and other persons have no authorized right to
access to or from the same,except at such points and in such manner as may be determined by the public agency
having jurisdiction over such trafficway.
Land planner means persons other than surveyors who possess actual experience and practice in the field of
land planning.
Local street means a road intended to provide direct access to individual properties and to provide right-of-
way for sewer,water,and storm drainage systems.
Lot means a parcel of land within a platted subdivision having frontage on a public street or approved public
access easement and intended to be used as a building site or for purposes of building development and which is
designated as a distinct and separate parcel identified by a lot number or symbol in a duly approved subdivision
plat which has been properly filed and recorded.A lot is not a parcel of unplatted property with an acreage status.
Minor arterial means a road intended to collect and distribute traffic in a manner similar to principal
arterials,except that these roads service minor traffic generating areas such as community-commercial areas,
primary and secondary educational plants,hospitals, major recreational areas,churches,and offices,and/or
designed to carry traffic from collector streets to the system of primary arterials.
Model home means a dwelling unit used initially for display purposes which typifies the type of units to be
constructed in the subdivision.
Nonresidential subdivision means a subdivision in which the intended use is either commercial or industrial.
Off-site means any premises not located within the area of the property to be subdivided,whether or not in
the same ownership of the applicant for subdivision approval.
Owner means any person,group of persons,firm or firms,corporation or corporations,or any other legal
entity having legal title to,or sufficient proprietary interest in,the land sought to be subdivided under these
regulations.
Perimeter street means any street to which the parcel of land to be subdivided abuts on only one side.
Person means any individual,association,firm,corporation,governmental agency,or political subdivision.
Planning and zoning commission means the appointed body having authority to recommend approval or
disapproval of subdivision plats in accordance with these regulations and state statutes.
Planning division means,for purposes of these regulations,the division designated with the responsibility of
accepting subdivision plats for the city and preparing the necessary documentation for the planning and zoning
commission.
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Preliminary plat means the preliminary drawing indicating the proposed manner or layout of the subdivision
to be submitted to the planning commission for approval.
Principal arterial means a road intended to move through traffic to and from such major attractors as central
business districts, regional shopping centers,colleges and/or universities, major industrial areas,and similar traffic
generators within the city;and/or as a route for traffic between communities or large areas.
Public improvement means any public water and sewer utility,drainage ditch, roadway,parkway,sidewalk,
pedestrian way,or other facility for which the local government may ultimately assume the responsibility for
maintenance and operation,or which may affect an improvement for which local government responsibility is
established.
Replat means a change in a map of an approved or recorded subdivision plat if such change affects any street
layout on such map or area reserved thereon for public use,or any lot line; or if it affects any map or plan legally
recorded prior to the adoption of any regulations controlling subdivisions.
Right-of-way means a strip of land occupied or intended to be occupied by a street,crosswalk, railroad, road,
electric transmission line,oil or gas pipeline,water main,sanitary or storm sewer main,or for another special use.
The usage of the term"right-of-way"for land-platting purposes shall mean that every right-of-way hereafter
established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-
way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets,
crosswalks,water mains,sanitary sewers,storm drains,or any other use involving maintenance by a public agency
shall be dedicated to public use by the maker of the plat on which such right-of-way is established.
Right-of-way width means the distance between property lines measured at right angles to the centerline of
the street.
Subdivider means 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.
Subdivision means a division of any tract of land situated within the corporate limits of the city into 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 resubdivision (replat).
Subdivision regulations means the official ordinance adopted by the city council to regulate the division of
property within the corporate limits of the city in accordance with V.T.C.A., Local Government Code ch.212.
Surveyor means a registered land surveyor,as authorized by the applicable state statutes to practice
surveying in the state.
Utility easement means all 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.
(Ord. No. 1982, § 1(art. 13),3-24-1994)
Cross reference(s)—Definitions generally, § 1-2.
Sec. 110-6. Official city map.
The planning division shall maintain an official city map which shall indicate all subdivisions, lots and street
rights-of-way.Subdivision plats hereafter approved shall be placed on the official map in a timely order.The official
city map shall include the names of all streets and street suffix classifications.Where street name inconsistencies
exist from one subdivision to another,the planning division shall place on the official city map the generally
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accepted street name, its proper spelling,and suffix classification.The planning division shall assign street address
ranges for each block and coordinate these with the office of the fire marshal.
(Ord. No. 1982, § 1(140),3-24-1994)
Sec. 110-7. General construction of language.
(a) Unless the context clearly indicates to the contrary,terms used in the present tense include the future tense;
terms used in the plural number include the singular;the term "herein" means in these regulations;the term
"regulations" means these regulations.
(b) A person includes a corporation,a partnership,and an incorporated association of persons such as a club;
"shall" is always mandatory; a "building" includes a "structure"; a "building"or"structure" includes any part
thereof; "used"or"occupied" as applied to any land or building shall be construed to include the terms
"intended,arranged,"or"designed to be used or occupied."
(Ord. No. 1982, § 1(145),3-24-1994)
Sec. 110-8. Conformance with applicable rules and regulations.
The subdivision regulations of this chapter shall be held to be the minimum requirements for the
development of a subdivision within the corporate limits of the city. In addition to the requirements established
herein,all subdivision plats shall be in conformance with the following:
(1) All applicable state statutory provisions contained in V.T.C.A., Local Government Code ch.212.
(2) The zoning ordinance, building and housing codes,and other applicable laws of the city.
(3) The official comprehensive land use plan,capital improvements program of the city, master drainage
plan, parks plan, master thoroughfare plan,and any other official plan adopted by the city council
which has an effect on the subdivision of property in the city.
(4) Any regulations of the city and county health departments and appropriate state agencies.
(5) The regulations of the state department of transportation,when the subdivision,or any lot contained
therein,abuts a state-maintained highway.
(6) The standards,codes and regulations adopted for administration by the building official.
(Ord. No. 1982, § 1(160),3-24-1994)
Sec. 110-9.Jurisdiction and applicability.
These subdivision rules and regulations shall apply to all subdivisions of land and all land development
activities located within the corporate limits of the city.
(Ord. No. 1982, § 1(120),3-24-1994)
Sec. 110-10. Conflicts with public and private provisions.
(a) Except where indicated,these regulations are not intended to interfere with,abrogate,or annul any other
public ordinance, rule or regulation,statute,or other provision of law.
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(b) These regulations are not intended to abrogate any easement,deed restriction,covenant or any other
private agreement or deed restriction.
(Ord. No. 1982, § 1(125),3-24-1994)
Sec. 110-11. Repeal of previous regulations.
Upon the adoption of these regulations,the Subdivision Regulations of The City of North Richland Hills,
adopted March 13, 1989,as amended,are hereby repealed.
(Ord. No. 1982, § 1(130),3-24-1994)
Secs. 110-12-110-40. Reserved.
ARTICLE IL ADMINISTRATION
Sec. 110-41. Building permits.
(a) Plat required. No building permit for residential or commercial construction shall be issued for any primary
building on any parcel of property for which a final plat has not been approved by the city council and filed
for record in the deed records of the county,except as follows:
(1) Where a primary residential structure exists,a building permit to repair or renovate the existing
residential structure without adding new square footage may be issued on an unplatted lot, provided
that the value of such proposed construction, including the cumulative value of any proposed and all
previously permitted construction permits on the primary structure,does not exceed 50 percent of the
current value of the existing structure,excluding the value of the land.Construction permits as used
herein does not include electrical, plumbing or similar nonconstruction activities.
(2) A building permit for electrical, plumbing,fence or similar nonconstruction activities may be issued on
all unplatted lot in any zoning district except for building permits which include structural enclosures.
(3) A building permit for an accessory structure may be issued on an unplatted lot on agriculturally zoned
property provided regulations of section 118-293 have been met.
(4) Where a primary nonresidential structure exists,a building permit to construct and addition to,or
renovation of,the existing nonresidential structure may be issued on an unplatted lot, provided that
the value of such proposed construction, including the cumulative value of any proposed land and all
previously permitted construction permits on the primary structure,does not exceed 50 percent of the
current value of the existing structure,excluding the value of the land.
(b) Public facilities available. No building permit for a primary building will be issued until all proposed public
facilities have been installed and have been approved by the public works department.
(c) Model homes. A building permit may be issued for a single-family dwelling to be used as a model home when
in the opinion of the building official and the public works director adequate public facilities have been made
available.
2Cross reference(s)—Ad ministration,ch.2.
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(d) Building permits. The city will not issue building permits on any subdivision which remains unproved 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.
(Ord. No. 1982, § 1(135),3-24-1994; Ord. No.2895, § 1,7-24-2006)
Cross reference(s)—Buildings and building regulations,ch.98.
Sec. 110-42. Variances.
The planning and zoning commission may recommend variances from these regulations to the city council
upon written request from the subdivider stating the grounds for such variance.Where the city council finds that
extraordinary hardships or practical difficulties may result from strict compliance with these regulations,and/or
the purposes of these regulations may be served to a greater extent by an alternative proposal, it may recommend
approval of a variance to these subdivision regulations, provided that such variance shall not have the effect of
nullifying the intent and purpose of these regulations;and further provided that the city council shall not approve
variances unless it shall make findings based upon the evidence presented to it in each specific case that:
(1) The conditions upon which the request for a variance is based are unique to the property and are not
applicable generally to other properties;
(2) A tract has peculiar physical surroundings,severe topographical conditions,or unique environmental
qualities worthy of protection;
(3) Where a hardship to the owner would result rather than a mere inconvenience; or
(4) The variance will not have an adverse effect on the intent of these provisions or the comprehensive
land use plan.
(Ord. No. 1982, § 1(150),3-24-1994)
Sec. 110-43. Enforcement of chapter regulations.
(a) Appropriate actions may be taken to prevent a violation of these regulations;to prevent unlawful
construction;to restrain,correct,or abate a violation;to prevent illegal occupancy of a building structure or
premises. Furthermore,water meters,sewer taps or other utilities shall not be made available until the
provisions of these regulations have been brought into compliance.
(b) It shall be the responsibility of the planning division to enforce the administrative provisions of these
regulations.
(c) It shall be the responsibility of the building official to enforce the development provisions of these
regulations.
(d) The subdivision of any lot or any parcel of land by the use of,a metes and bounds description for the
purpose of sale,transfer,or lease with the intent of creating a building lot by evading these regulations,shall
be considered as a violation of this article.All such described subdivisions shall be subject to all of the
requirements contained in these regulations.
(e) No building permit shall be issued for the construction of a building,or structure, located on a lot or plat
subdivided or sold in violation of the provisions of these regulations.
(f) The planning division shall be responsible for any interpretation of these regulations and where a
determination of these regulations is in conflict with a request by a developer,the planning and zoning
commission shall rule and decide on these questions.
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(Ord. No. 1982, § 1(155),3-24-1994)
Sec. 110-44. Amendments.
Amendments to these regulations shall be made by the city council upon recommendation by the planning
and zoning commission.The planning and zoning commission and the city council shall conduct a public hearing on
all proposed amendments to these regulations.Said public hearing shall be advertised in a newspaper having
general circulation in the city at least ten days prior to the public hearing.An amendment may be initiated in one
of the following manners:
(1) Upon a majority vote of the city council;
(2) Upon a majority vote of the planning and zoning commission; or
(3) Upon written request from a citizen.
(Ord. No. 1982, § 1(165),3-24-1994)
Sec. 110-45. Requirements for completeness determination.
(a) Every application for approval of a plat,development plan or zoning application submitted after June 15,
2006 shall be subject to a determination of completeness by the director of planning or his designee.
(b) No application shall be deemed complete and accepted for processing unless it is accompanied by all
documents required by and prepared in accordance with the requirements of this section. For a
determination of completeness to be issued, an application must include the following:
(1) A completed application form signed by the owner or the owner's authorized agent;
(2) Every item,study and document required by the subdivision ordinance for the type of plat being
submitted,or required for a development plan; and
(3) A nonrefundable application submittal fee,as specified in the fee schedule.
(c) The director of public works or the director of planning may from time to time identify additional
requirements for a complete application that are not contained within but are consistent with the
application contents and standards set forth in the subdivision ordinance.
(d) A determination of completeness shall not constitute a determination of compliance with the substantive
requirements of this section.
(Ord. No.2886, § 1,6-12-2006)
Sec. 110-46. Determination of completeness; expiration.
(a) Not later than the tenth business day after the date an application for plat approval or a plan of development
is submitted,the director of planning or his designee shall make a written determination whether the
application constitutes a complete application.This shall include a determination that all information and
documents required by this subdivision ordinance for the type of plat being submitted or other requirements
have been submitted.A determination that the application is incomplete shall be provided to the applicant
within such time period at the address listed on the application.The determination shall specify the
documents or other information needed to complete the application and shall state that the application will
expire if the documents or other information is not submitted within 45 days after the date the application
was submitted.
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(b) An application for approval of a preliminary or final plat or development plan filed on or after the effective
date of this section shall be deemed complete for the purpose of determining rights under V.T.C.A.Texas
Local Government Code Ch. 245,on the eleventh business day after the application has been received, if the
applicant has not otherwise been notified that the application is incomplete. For purposes of this section,the
applicant shall be deemed to have been notified if the city has mailed a copy of the determination as
provided in subsection (d).A determination of completeness shall not constitute a determination of
compliance with the substantive requirements of this section or that the time for completing plat,
development plan or zoning change review has begun.
(c) The processing of an application by any city employee prior to the time the application is determined to be
complete shall not be binding on the city as the official acceptance of the application for filing.The
incompleteness of an application shall be grounds for denial of the application regardless of whether a
determination of incompleteness was mailed to the applicant.
(d) An application for preliminary or final plat approval shall be deemed to expire on the 45th day after the
application is submitted to the director of planning for processing if the applicant fails to provide documents
or other information necessary to meet the requirements of the subdivision ordinance or other
requirements as specified in the determination provided to the applicant. Upon expiration,the application
will be returned to the applicant together with any accompanying documents.Thereafter,a new application
for approval of the preliminary plat or final plat must be submitted.
(e) No vested rights accrue solely from the filing of an application that has expired pursuant to this section,or
from the filing of a complete application that is subsequently denied.
(Ord. No.2886, § 1,6-12-2006)
Secs. 110-47-110-80. Reserved.
ARTICLE III. PLATS
Sec. 110-81. Required.
It shall be unlawful for a person,firm,corporation or organization owning a tract of land located within the
corporate limits of the city to hereafter divide the same tract into two or more parts to lay out a subdivision,to lay
out a building lot,or to lay out streets,alleys,squares, parks,or other parts of the tract intended to be dedicated
to public use,or for the use of purchasers or owners of lots fronting on or adjacent to the streets,alleys,squares,
parks,or other parts for purpose of development without having a plat of the subdivision prepared and approved
according to these subdivision regulations.A division of a tract includes a division regardless of whether it is made
by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of
sale or other executory contract to convey,or by using any other method for purpose of development.A division
of land under these regulations does not include a division of land into parts greater than five acres,where each
part has access and no public improvement is being dedicated.The provisions of these subdivision regulations shall
apply to any development which is intended as a single lot,tract or parcel where a primary structure will be
located. Furthermore, no land shall be subdivided for purposes of development until:
(1) A preliminary plat,when applicable, in the format as described within these regulations, has received
approval from the planning and zoning commission;
(2) A replat,amended plat,short form plat or final plat,when applicable, in the format described within
these regulations, has received approval from the planning and zoning commission and the city council;
and
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(3) The approved replat,amended plat,short form plat or final plat,when applicable, has been filed with
the county clerk.
(Ord. No. 1982, § 1(200),3-24-1994)
Sec. 110-82. Classification of plat submittals.
Whenever a subdivision of land is proposed,the planning division will advise the applicant whether the
review procedures of a preliminary plat,final plat,amended plat,short form final plat or replat will apply and
supply the applicant with the appropriate application forms.
(Ord. No. 1982, § 1(205),3-24-1994)
Sec. 110-83. General platting procedures.
The procedures for obtaining approval of a subdivision plat for unplatted property include the following
steps completed in the sequence listed below:
(1) Preliminary plat.The submission of a preliminary plat application to the planning and zoning
commission,with subsequent approval thereof, is a prerequisite to the submission of a final plat.The
minimum requirements for a preliminary plat submittal are contained in article IV, preliminary plat.
(2) Zoning change. Submission of an application for a zoning district change to the planning and zoning
commission and the city council,with subsequent approval thereof, is required where the current
zoning classification is not compatible with the type of development being proposed.This procedure
may be concurrent with the submittal of the plat.
(3) Final plat. Submission of a final plat application to the planning and zoning commission and the city
council,with subsequent approval thereof, is required prior to the filing of a final plat with the county
clerk's office.The minimum requirements for a final plat submittal are contained in article V,final plat.
(4) Filing of plat. Upon approval of a final plat by the city council,the final plat may be filed with the
county clerk's office.
(5) Construct public improvements. Upon approval of the final plat by the city council and authorization
from the public works director,the developer may proceed with the construction of all public
improvements.The requirements for public improvements are contained in article X, required
improvements.
(Ord. No. 1982, § 1(210),3-24-1994)
Sec. 110-84. Approval of city council required.
No improvements shall be initiated and no permit for the erection of a structure shall be granted until the
subdividing owner,or authorized agent,shall apply for and obtain approval of such proposed subdivision from the
city council,and every subdivision plat considered by the city council shall have received prior approval from the
planning and zoning commission.
(Ord. No. 1982, § 1(215),3-24-1994)
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Sec. 110-85. Application form and content.
The subdividing owner,or authorized agent,shall submit a written application for a subdivision to the city on
the proper forms furnished by the planning division.Written consent shall be required from the legal owner of the
premises if the applicant is not the owner of record.The lack of information under any item specified herein,or
incorrect information supplied by the applicant shall be cause for disapproval of the plat.
(Ord. No. 1982, § 1(220),3-24-1994)
Sec. 110-86. Official submission dates.
No subdivision plat shall be considered by the planning and zoning commission until it has been determined
that the submittal is complete and in conformance with the requirements of this article. For the purpose of these
regulations,the date of the regular meeting of the planning and zoning commission at which the approval of the
plat is to considered shall constitute the official submittal date of the plat from which the statutory period
requiring formal approval or disapproval of the plat shall commence. Unless a waiver is requested by the
developer,action shall be taken by the planning and zoning commission within 30 days.
(Ord. No. 1982, § 1(225),3-24-1994)
Sec. 110-87. Coordination of zoning application with subdivision approval.
Every subdivision plat shall be consistent with and conform to existing zoning regulations and the following
criteria:
(1) No subdivision plat will be submitted to the planning and zoning commission for approval which
contains any inconsistent zoning classification. However,this requirement may be waived when an
application for a zone change seeking proper zoning classification has been filed with the planning and
zoning commission.
(2) In the event that a change in the zoning classification is required to accommodate the proposed
development, it is the intent of these regulations that subdivision review be carried out simultaneously
with the review of any zoning application.
(3) No subdivision lot shall be approved which is bisected by a zoning district boundary, unless said lot
contains multiple types of uses.
(Ord. No. 1982, § 1(230),3-24-1994)
Sec. 110-88. Taxes and liens paid.
Prior to the consideration of a subdivision plat by the planning and zoning commission,any delinquent taxes
and any outstanding liens due the city must be paid.
(Ord. No. 1982, § 1(235),3-24-1994)
Sec. 110-89. Plat application fees.
Every applicant requesting approval of a subdivision plat shall pay the applicable fee at the time of submittal.
Such fee shall include any recording fees required by the county clerk's office.Application fees for preliminary
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plats,short form final plats,amended plats and final plats shall be established by separate ordinance approved by
the city council.
(Ord. No. 1982, § 1(240),3-24-1994)
Sec. 110-90. Frontage on improved roads required.
No subdivision shall be approved unless the area to be subdivided has a minimum of 50 feet of contiguous
frontage on and access to an existing public street,or an acceptable public access approved by the planning and
zoning commission,and such access meets the minimum street construction requirements contained in the design
manual.Where such street does not meet said minimum standards,the owner shall construct that portion of the
street which provides public access and frontage to the subdivision,or provide a cash escrow to the city for the
estimated cost of improvement,or provide an alternative which is acceptable to the planning and zoning
commission.
(Ord. No. 1982, § 1(250),3-24-1994)
Sec. 110-91. Vacation of plats.
All actions for vacation of a plat shall be consistent with applicable state statutes as contained in V.T.C.A.,
Local Government Code ch.212(see appendix C on file in the city secretary's office).
(Ord. No. 1982, § 1(255),3-24-1994)
Sec. 110-92. Plats straddling municipal boundaries.
Whenever access to a subdivision is required across land situated in an adjacent municipality,the planning
and zoning commission may require written approval from the affected city.
(Ord. No. 1982, § 1(260),3-24-1994)
Sec. 110-93. Processing preliminary plats.
(a) Upon receipt of a preliminary plat,all required documents,and payment of all required filing fees,the
planning division shall check the preliminary plat for completeness. No preliminary plat shall be processed
for review which is determined to be incomplete.
(b) The planning division shall coordinate the review of the preliminary plat with the applicable municipal
departments and public utility companies. Upon completion of the staff review and receipt of any responses
to comments from the developer,the preliminary plat may be placed on the next available meeting agenda
for consideration by the planning and zoning commission.
(c) After the planning and zoning commission has reviewed the preliminary plat,the applicant shall be advised
of any required changes and/or additions and upon satisfactory completion of any imposed requirements by
the planning and zoning commission,the applicant may proceed with the submittal of a final plat.
(Ord. No. 1982, § 1(265),3-24-1994)
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Sec. 110-94. Effective period of preliminary plat approval.
The approval by the planning and zoning commission of a preliminary plat shall be effective for a period of
one year. If a final plat application has not been submitted on at least a portion of the area covered by the
preliminary plat within one year from the date of the approval of the preliminary plat by the planning and zoning
commission,the preliminary plat shall be declared 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 years of the date of
preliminary plat approval shall be declared null and void, unless an extension of time is granted by the planning
and zoning commission.Any portion of a preliminary plat not receiving final approval by the planning and zoning
commission and the city council within the period of time set forth herein shall be declared null and void,and the
developer shall be required to resubmit for preliminary approval and such resubmittal shall be subject to any new
subdivision regulations and pay any applicable fees.
(Ord. No. 1982, § 1(270),3-24-1994)
Sec. 110-95. Processing final plats, amended plats, or replats.
(a) Upon receipt of a replat,amended plat,short form final plat,or final plat,all required documents,and
payment of all required filing fees,the planning division shall check the submittal for completeness. No
replat,amended plat,short form plat,or final plat shall be processed for review which is not determined to
be complete. No final plat shall be processed for review for any area in which a preliminary plat has not been
previously approved by the planning and zoning commission.
(b) The planning division shall coordinate the review of all plats with the applicable municipal departments and
public utility companies. Upon completion of the staff review and receipt of any responses to comments
from the developer,the plat may be placed on the next available meeting agenda for consideration by the
planning and zoning commission.
(c) If applicable under these regulations,the planning and zoning commission shall hold any required public
hearing on certain replats in conformance with V.T.C.A., Local Government Code§212.014.Such hearing
shall be advertised in a newspaper having general circulation within the city at least 15 days prior to the
hearing.
(d) After the planning and zoning commission has reviewed the plat,the applicant shall be advised of any
required changes and/or additions.The planning and zoning commission may either approve the plat as
presented,approve the plat with conditions,or disapprove the plat.When the planning and zoning
commission has approved the plat, it shall be forwarded to the city council for consideration. Upon
satisfactory completion of any conditions required by the planning and zoning commission,the plat submittal
shall be placed on the next available agenda for consideration by the city council. Disapproval of the plat by
the commission shall be final.
(e) The city council shall approve a plat,according to V.T.C.A., Local Government Code§212.010, if it conforms
to the general plan of the city and to these regulations. However,the city council may disapprove a plat
which does not conform to the general plan or to these regulations.Any disapproval shall be deemed a
refusal by the city to accept the offered dedications shown thereon. Furthermore,the action of the city
council shall be final in the consideration of the proposed plat.
(Ord. No. 1982, § 1(275),3-24-1994)
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Sec. 110-96. Official filing and recording final plats.
Upon approval of the plat by the city council,the planning division shall proceed with the official filing of
record procedures using the following guidelines:
(1) The signature showing final approval of the plat shall not be affixed until all taxes,assessment charges
and other monetary obligations due to the city have been paid.
(2) The planning division shall obtain the necessary signatures from the mayor,city secretary, planning and
zoning commission chairman and planning and zoning commission secretary.The planning division
shall verify that all required covenants have been accepted by the applicant prior to submitting the plat
to the county clerk's office for filing.
(3) Requirements for filing plats in the county clerk's office are contained in section 110-97.
(4) To be recorded,the plat must:
a. Describe the subdivision by metes and bounds;
b. Locate the subdivision with respect to a corner of the survey or tract or an original corner of the
original survey of which it is a part; and
C. State the dimensions of the subdivision and of each street,alley,square, park or other part of the
tract intended to be dedicated to public use or for the use of purchasers or owners of lots
fronting on or adjacent to the street, alley,square, park,or other part.
(5) The owner or proprietor of the tract or the owner's or proprietor's agent must acknowledge the plat in
the manner required for the acknowledgment of deeds.
(6) The plat must be filed with the county clerk's office.
(7) The plat is subject to the filing and recording provisions of V.T.C.A., Property Code§ 12.002.
(8) Upon receipt of the official filed plat,the planning division will place a mylar film copy in the city plat
file showing the official filing notation from the county clerk's office.
(9) Approval of the 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
provided such plans have been approved by the public works director.
(10) The city shall maintain on file one mylar or similar reproducible original copy containing original
signatures.
Sec. 110-97. Requirements to file a plat with the county clerk.
APPENDIX 8
Effective Date: November 1, 1991
Court Order No.61000 Dated: November 28, 1988
To provide an accurate historical record of the plats,the following guidelines have been established.
Subdivision plats must be filed in the following format:
Plats submitted for filing must be of clear and legible "Black" Line Mylar
Plat sizes must be 18 inches by 24 inches,or 24 inches by 36 inches;
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PART II -CODE OF ORDINANCES
Chapter 110-SUBDIVISIONS
ARTICLE III.-PLATS
APPENDIX B
The plat scale may vary, but must be deemed appropriate by the professional surveyor to ensure clarity and
legibility after said plat has been reduced for filing purposes.The plat scale must not be smaller than one
inch =200 feet.
Any plat submitted for filing shall have the dedication, legal description,and appropriate notary statements
attached on letter or legal size sheets.The county clerk shall attach said sheets as a separate but consecutive page
to the plat being filed.
Before a plat is accepted for filing by the county clerk, it shall have clear and proper signatures,seals,city
approvals,etc.,and must be accompanied by the appropriate filing fee.
Plat size of 18 inches by 24 inches shall have a filing fee as listed in appendix A of this Code plus an amount
listed in appendix A of this Code for a records management fee, plus an amount listed in appendix A of this
Code per page used for the dedication, legal description,and notary blocks.
Plat size of 24 inches by 36 inches shall have a filing fee as established in appendix A, plus an amount as
established in appendix A for a records management fee, plus an amount established in appendix A per page
used for the dedication, legal description,and notary blocks.
Any deviation from the above rules will result in twice the regular filing fee being charged for each page that
does not meet the requirements as set out. (V.T.C.A., Local Government Code§ 191.007)
Any plat submitted for filing shall have the following labeled on the plat and located above the surveyor's
title block, preferably located near the lower right corner of the plat:
THIS PLAT FILED IN CABINET SLIDE
DATED
Any information the county clerk requires to be affixed to the said plat during the photography and
reduction process should be added by use of transparent"stick-on" labels.
If a registered professional land surveyor is acting as the owner or proprietors' agent of the tract,then he
must acknowledge the plat in the manner required for the acknowledgment of deeds. If not the owner or
agent,the registered professional land surveyor's seal and signature need not be acknowledged.Address and
telephone number must be included on the plat.
The county clerk shall use professional judgment and discretion from the time a plat is submitted for filing
through the process of photography and reductions to insure legibility and clarity of plats reproduced at a
later time from the aperture cards.One aperture card and one 18-inch by 24-inch copy or print with the filed
volume and page shown on it shall be returned to the surveyor preparing the same.Copies of the dedication
pages shall be included at no additional charge with the purchase of copies of a recorded plat.
To ensure the above-mentioned guidelines are met,the county has established the following guidelines:
• All plats to be approved by the commissioner's court must first be reviewed by a county clerk
employee in the recording section.The employee will affix their initial in the area provided for the
cabinet and slide number.
• The plat must have the filing fee attached.
It shall be the duty of the county clerk to notify all appropriate municipalities in regard to these requirements and
ensure adherence to such.
(Ord. No. 1982, § 1(app. B),3-24-1994)
North Richland Hills,Texas,Building and Land Use Regulations Created: 2024-02-05 11:12:09 [EST]
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Sec. 110-98. City-developer agreements.
APPENDIX A
The following sample format shall be used as a guide in the preparation of a city-developer agreement.The
format should be modified where appropriate to specify in detail the responsibilities of the city and the developer.
CITY-DEVELOPER AGREEMENT
STATE OF TEXAS §
COUNTY OF §
KNOW ALL MEN BY THESE PRESENTS:
That(individual's name)
an individual doing business as(company name)
a corporation organized under the laws of(state)
or a partnership consisting of(names)
of the County of_ ,State of 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
addition,at no cost to the city,the developer agrees to have complete construction plans,
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 20 percent of the contract price.The bond shall be submitted
prior to commencing with construction and shall be good for two years commencing with the approved
completion of the facilities.
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PART II -CODE OF ORDINANCES
Chapter 110-SUBDIVISIONS
ARTICLE III.-PLATS
APPENDIX A
(6) The 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 indemnify,
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 contractor,subcontractors,officer,agents, or employees,whether or not such injuries,
death,or damages are caused, in whole or in part, by the alleged negligence of the city, 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.
(10) Special provisions:
IN WITNESS WHEREOF,the parties to these presents have executed this contract in five counterparts,each
of which shall be deemed an original on this the day of ,20_
Developer
(SEAL)
By
City
ATTEST:
City Secretary By
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 purposes and considerations therein expressed.
Given under my hand and seal of office this day of ,20_
Notary Public in and for the
State of Texas
My Commission Expires
20
North Richland Hills,Texas,Building and Land Use Regulations Created: 2024-02-05 11:12:09 [EST]
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PART II -CODE OF ORDINANCES
Chapter 110-SUBDIVISIONS
ARTICLE III.-PLATS
APPENDIX A
(Ord. No. 1982, § 1(app.A),3-24-1994)
Secs. 110-99-110-130. Reserved.
ARTICLE IV. PRELIMINARY PLAT
Sec. 110-131. Approval required.
All applicants seeking approval of a preliminary plat shall comply with the requirements of this article and
the following:
(1) Every preliminary plat shall require approval of the planning and zoning commission.
(2) The procedures contained in this article shall be used when the property being proposed for
development is considered "an unplatted tract"and which is not currently developed into platted lots
and blocks,and filed for record in the county clerk's office as a previously platted subdivision of record.
(3) When previously platted property is being combined with unplatted property and the redevelopment
plan is substantially different from the existing lot configuration,the procedures for preliminary plat
will be used for the review of the proposal.Any public hearing requirements associated with previously
platted property must comply with the provisions of V.T.C.A., Local Government Code §§212.014 and
212.015.
(4) The developer shall show all factors necessary to enable the planning and zoning commission to
determine whether the proposed subdivision is satisfactory from the standpoint of the public interests
and be consistent with the comprehensive land use plan,the zoning chapter(chapter 118 of this Code)
and these subdivision regulations.
(Ord. No. 1982, § 1(400),3-24-1994)
Sec. 110-132. Optional general development plan.
When a proposed development is a portion of a larger tract under one ownership or is to be developed in
phases,the developer may submit a general development plan for review to obtain conceptual approval by the
planning and zoning commission in conjunction with or prior to submittal of a preliminary plat.When appropriate,
more than one tract or subdivision may be included with the general development plan.The general development
plan will allow the planning and zoning commission to review proposed major thoroughfare street patterns, land
uses and relationships with adjoining areas.A general development plan shall be construed to be a detailing of the
comprehensive land use plan.The general development plan should contain the following information:
(1) Proposed land uses by area with a tabulation summary of acres and units per acre densities.
(2) A layout of adjacent properties showing existing platted properties and the names of owners of
unplatted tracts.
(3) Locations of all existing features such as streets,drainage channels,easements or other physical
features which may influence the development pattern of the property.
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(4) The locations of any collector or arterial streets as shown on the master thoroughfare plan.
(Ord. No. 1982, § 1(405),3-24-1994)
Sec. 110-133. Platting land under same ownership.
Every preliminary plat shall include all the land which the applicant proposes to subdivide and all contiguous
tracts owned under the same ownership.This requirement will enable the planning and zoning commission to
determine the need for public improvements or easements which may be required on portions of the land and
make future subdivisions uneconomical to develop if the improvements are not installed as a part of the land
being proposed for development,and plan for or require reservations for future rights-of-way.This requirement
may be waived by the planning and zoning commission when the proposed subdivision appears to have no impact
on,or from,the contiguously owned property which is not being developed.
(Ord. No. 1982, § 1(410),3-24-1994)
Sec. 110-134. Phasing development.
(a) The preliminary plat shall indicate any phasing of the proposed development with a heavy dashed line. Each
phase shall be numbered sequentially and in the proposed order of development.The proposed utility and
drainage layout for each phase shall be designed in such a manner that the phases can be developed in
numerical sequence.Thereafter, plats of subsequent units of such subdivision shall conform to the approved
overall layout and phasing,unless a new preliminary plat is submitted. However,a subsequent reduction of a
phase may be considered provided that it conforms to the original street arrangement.
(b) The planning and zoning commission may impose such conditions upon the filing of the phases as it may
deem necessary to ensure the orderly development of the city.
(Ord. No. 1982, § 1(415),3-24-1994)
Sec. 110-135. Documents required.
The application packet shall include all documents listed below and no preliminary plat will be reviewed by
the city until all required documents are submitted in a completed format and all fees have been paid.A letter
requesting any variances from these regulations shall be submitted when applicable.
(1) Preliminary plat application (see section 110-136).
(2) Preliminary plat drawing(see section 110-137).
(3) Preliminary drainage analysis(see section 110-138).
(4) Preliminary utility layout(see section 110-139).
(5) Taxes and liens paid certificates(see section 110-140).
(Ord. No. 1982, § 1(420),3-24-1994)
Sec. 110-136. Application.
The applicant shall submit a written preliminary plat application to the planning division not less than 35
days prior to the regular meeting of the planning and zoning commission for which approval is being sought.
Written authorization from the owner shall be furnished when the applicant is not the owner of record.
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(Ord. No. 1982, § 1(425),3-24-1994)
Sec. 110-137. Drawing.
The applicant shall submit the required number of copies of the preliminary plat drawing as indicated by the
preliminary plat application.The preliminary plat drawing shall contain,at a minimum,all the information listed in
the"requirements for all plat drawings"contained in section 110-331 and include all the information listed as
"additional requirements for preliminary plat drawings"contained in section 110-333.
(Ord. No. 1982, § 1(430),3-24-1994)
Sec. 110-138. Preliminary drainage analysis.
The applicant shall submit a preliminary drainage analysis of the subdivision area to determine the need for
drainage facilities within the area being considered for development or off-site on adjacent properties.The
preliminary drainage analysis shall conform to the technical specifications contained in the design manual.
(Ord. No. 1982, § 1(435),3-24-1994)
Sec. 110-139. Preliminary utility layout.
The applicant shall submit a preliminary utility layout to show the general location and approximate sizes of
all existing and proposed public utilities.The size of all proposed water and sewer lines shall be determined using
methods prescribed in the design manual.
(Ord. No. 1982, § 1(440),3-24-1994)
Sec. 110-140. Taxes and liens paid certificates.
The applicant shall submit a certificate,available from the planning division, indicating that any delinquent
taxes or liens due the city have been paid.
(Ord. No. 1982, § 1(445),3-24-1994)
Sec. 110-141. Review, processing and approval.
Every preliminary plat shall be reviewed for conformity with the comprehensive land use plan,these
regulations and any other applicable ordinance according to the procedures established for"processing
preliminary plats"as contained in section 110-93.
(Ord. No. 1982, § 1(450),3-24-1994)
Sec. 110-142. Grading of site prior to final plat approval.
Subsequent to preliminary plat approval,the developer may request written approval from the public works
director to commence construction to the grades and elevations required by the construction plans.
(Ord. No. 1982, § 1(455),3-24-1994)
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Secs. 110-143-110-170. Reserved.
ARTICLE V. FINAL PLAT
Sec. 110-171. Approval required.
All applicants seeking approval of a final plat shall comply with the requirements of this article. Every final
plat shall require approval of the city council, but only after approval has been previously obtained from the
planning and zoning commission.
(Ord. No. 1982, § 1(500),3-24-1994)
Sec. 110-172. Conformity with preliminary plat.
The final plat and accompanying data shall conform to the preliminary plat,as approved by the planning and
zoning commission, incorporating any and all changes, modifications,alterations,corrections and stipulations
imposed by the planning and zoning commission.Any submittals of a final plat which do not constitute a full phase
as shown on the preliminary plat must be consistent with the preliminary plat in design and layout.Additional
review time may be required where a final plat does not constitute a full phase as shown on the preliminary plat.
(Ord. No. 1982, § 1(505),3-24-1994)
Sec. 110-173. Documents required.
The application packet shall include all documents listed below and no final plat will be reviewed by the city
until all required documents are submitted in a completed format and all fees have been paid.
(1) Final plat application (see section 110-174).
(2) Final plat drawing(see section 110-175).
(3) Drainage study(see section 110-176).
(4) Engineering/construction drawings(see section 110-177).
(5) Taxes and liens paid certificates(see section 110-178).
(Ord. No. 1982, § 1(510),3-24-1994)
Sec. 110-174. Application.
The applicant shall submit a written final plat application to the planning division not less than 35 days prior
to the regular meeting of the planning and zoning commission for which approval is being sought.
(Ord. No. 1982, § 1(515),3-24-1994)
Sec. 110-175. Drawing.
The applicant shall submit the required number of copies of the final plat drawing as indicated on the final
plat application.The final plat drawing shall contain,at a minimum,all the information listed in the"technical
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specifications of all plat drawings"contained in section 110-331 and include all the information listed as
"additional requirements for final plat drawings"contained in section 110-333.
(Ord. No. 1982, § 1(520),3-24-1994)
Sec. 110-176. Drainage study.
When the preliminary drainage analysis has determined that drainage facilities and related improvements
are required,the applicant shall submit a drainage study with engineering drawings which shall conform to the
technical specifications contained in the design manual.The planning and zoning commission shall not recommend
for approval any final plat which does not provide adequate facilities to accommodate stormwater or floodwater
runoff.
(Ord. No. 1982, § 1(525),3-24-1994)
Sec. 110-177. Engineering/construction drawings.
When the city has determined that public improvements are required,the applicant,or his engineer,shall
submit construction plans for all public improvements along with the final plat for approval by the city.The
engineering drawings shall conform to the requirements of the design manual and shall be prepared and sealed by
a registered professional engineer, licensed to practice in the state.
(Ord. No. 1982, § 1(530),3-24-1994)
Sec. 110-178. Taxes and liens paid certificates.
The applicant shall submit a certificate,available from the planning division, indicating that any delinquent
taxes or liens due the city have been paid.
(Ord. No. 1982, § 1(535),3-24-1994)
Sec. 110-179. Review, processing and approval.
Every final plat shall be reviewed for conformity to the comprehensive land use plan,these regulations and
any other applicable ordinance according to the procedures established for"processing final plats,amended plats,
or replats"as contained in section 110-95.
(Ord. No. 1982, § 1(540),3-24-1994)
Secs. 110-180-110-210. Reserved.
ARTICLE VI. REPLATS
Sec. 110-211. Approval required.
All applicants seeking approval of a replat shall comply with the requirements of this article. Every replat
shall require approval of the city council, but only after approval has been obtained from the planning and zoning
commission.A replat is required any time it is proposed to subdivide a previously approved subdivision,or portion
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thereof, into smaller lots or to combine existing smaller lots into a development with larger lots.The procedures
contained in this article shall be used when the tract being proposed for redevelopment,or portion thereof, is
currently developed into platted lots and blocks,and filed for record in the county clerk's office as a platted
subdivision of record,and the owner is requesting to redevelop the property into a new configuration.
(Ord. No. 1982, § 1(600),3-24-1994)
Sec. 110-212. Documents required.
The application packet shall include all documents listed below and no replat will be reviewed by the city
until all required documents are submitted in a completed format and all fees have been paid.
(1) Replat application (see section 110-213).
(2) Replat drawing(see section 110-214).
(3) Taxes and liens paid certificates(see section 110-215).
(4) Preliminary drainage analysis or drainage study(see section 110-216).
(5) Utility layout or engineering drawings(see section 110-217).
(Ord. No. 1982, § 1(605),3-24-1994)
Sec. 110-213. Application.
The applicant shall submit a written replat application to the planning division not less than 35 days prior to
the regular meeting of the planning and zoning commission for which approval is being sought.
(Ord. No. 1982, § 1(610),3-24-1994)
Sec. 110-214. Drawing.
The applicant shall submit the required number of copies of the replat drawing as indicated by the replat
application.The drawing shall contain,at a minimum,all the information listed in the"requirements for all plat
drawings"contained in section 110-331 and include all the information listed as"additional requirements for
replats amended plats,short form plats,and final plat drawings"contained in section 110-333. No replat may be
approved which does not contain the signatures of all the affected property owners within the area being
considered for redevelopment.
(Ord. No. 1982, § 1(615),3-24-1994)
Sec. 110-215. Taxes and liens paid certificates.
The applicant shall submit a certificate available from the planning division indicating that any taxes or liens
due the city have been paid.
(Ord. No. 1982, § 1(620),3-24-1994)
Sec. 110-216. Preliminary drainage analysis or drainage study.
Due to the variable conditions of a replat,the public works director will review the submittal and may
require the applicant to submit a preliminary drainage analysis or a drainage study of the subdivision area which
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shall conform to the technical specifications contained in the design manual.The applicant may be exempt from
this requirement when the public works director is satisfied that no drainage facilities are necessary or where a
previously prepared drainage study has been approved within the previous four-year period.
(Ord. No. 1982, § 1(625),3-24-1994)
Sec. 110-217. Utility layout or engineering drawings.
The applicant shall submit a utility layout to show the location and sizes of all existing and proposed public
utilities to verify easement requirements. However,when the public works department has determined that the
proposed redevelopment of the subdivision will require public facility improvements,the applicant,or his
engineer,shall submit engineering plans for all public improvements for approval by the city as a prerequisite to
the approval of the plat by the planning and zoning commission. Furthermore,when a replat results in the
reconfiguration of lots so as to impact the location of any existing water or sewer tap locations,the developer shall
submit sufficient information regarding the location of the existing taps and provide for any utility adjustments so
as to assure the availability of utility services to each lot.Any engineering drawings associated with a replat shall
conform to the requirements of the design manual.
(Ord. No. 1982, § 1(630),3-24-1994)
Sec. 110-218. Review, processing and approval.
Every replat shall be reviewed for conformity with the comprehensive land use plan,these requirements and
any other applicable ordinance in accordance with the procedures established for"processing final plats,amended
plats,or replats" in section 110-95.
(Ord. No. 1982, § 1(635),3-24-1994)
Sec. 110-219. Public hearing requirements.
The public hearing required for certain replats by V.T.C.A., Local Government Code§§212.014 and 212.015
shall be held before the city council.A copy of such sections is contained in appendix C of these regulations which
is on file in the city secretary's office.
(Ord. No.2693, § 1(640),3-24-2003)
Secs. 110-220-110-250. Reserved.
ARTICLE VII. SHORT FORM FINAL PLAT
Sec. 110-251. Approval required.
All applicants seeking approval of a short form plat shall comply with the requirements of this article. Every
short form plat shall require approval of the city council, but only after approval has been previously obtained from
the planning and zoning commission.The procedures contained in this article shall be used when the property
being proposed for development is considered "all unplatted tract"and which is not currently developed into
platted lots and blocks,and filed for record in the county clerk's office as a previously platted subdivision of record
and when the property being platted contains no drainage problems and will contain only one lot after approval.
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(Ord. No. 1982, § 1(700),3-24-1994)
Sec. 110-252. Prerequisites.
A short form final plat may be submitted on a property when all of the following requirements are met:
(1) There is an existing building on the lot which is capable of being occupied as a legal residence or
business.
(2) The lot contains no apparent drainage problems or contributes to or may cause a drainage problem on
another tract.The public works director will review the master drainage plan of the city in relation to
the proposed lot to determine whether a drainage analysis will satisfy this provision. However,when it
has been determined that drainage improvements will be required,the applicant must submit a
drainage study which complies with the criteria specified in the design manual.
(3) The subject tract contains five acres of area or less.
(4) The lot fronts on a paved dedicated street.An additional right-of-way shall be dedicated if needed.
(5) All utilities required to serve the lot are in place,or arrangements to provide the same have been made
with appropriate easements shown on the plat.
(6) No engineering or construction drawings are required.
(Ord. No. 1982, § 1(715),3-24-1994)
Sec. 110-253. Documents required.
The application packet shall include all documents listed below and no short form final plat will be reviewed
by the city until all required documents are submitted in a completed format and all fees have been paid.
(1) Short form final plat application (see section 110-254).
(2) Final plat drawing(see section 110-255).
(3) Preliminary drainage analysis(see section 110-256).
(4) Taxes and liens paid certificates(see section 110-257).
(Ord. No. 1982, § 1(720),3-24-1994)
Sec. 110-254. Application.
The applicant shall submit a written short form final plat application to the planning division not less than 35
days prior to the regular meeting of the planning and zoning commission for which approval is being sought.
(Ord. No. 1982, § 1(725),3-24-1994)
Sec. 110-255. Final plat drawing.
The applicant shall submit the required number of copies of the final plat drawing as indicated by the final
plat application.The final plat drawing shall contain,at a minimum,all the information listed in the"requirements
for all plat drawings"contained in section 110-331 and all the information listed as"additional requirements for
final plat drawings"contained in section 110-333.
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(Ord. No. 1982, § 1(730),3-24-1994)
Sec. 110-256. Preliminary drainage analysis.
The public works director will review each request for a short form final plat and determine whether the
applicant shall be required to submit a drainage analysis or drainage study.When required,the drainage analysis
or drainage study shall conform to the technical specifications contained in the design manual.The applicant may
be exempt from this requirement when the public works director is satisfied that no drainage facilities are
necessary.The planning and zoning commission shall not recommend for approval any short form final plat which
does not provide adequate facilities for stormwater or floodwater runoff.
(Ord. No. 1982, § 1(735),3-24-1994)
Sec. 110-257. Taxes and liens paid certificates.
The applicant shall submit a certificate available from the planning division indicating that any taxes or liens
due the city have been paid.
(Ord. No. 1982, § 1(740),3-24-1994)
Sec. 110-258. Review, processing and approval.
Every short form final plat shall be reviewed for conformity with the comprehensive land use plan,these
regulations and any other applicable ordinance according to the procedures established for processing final plats,
amended plats,or replats in section 110-95.
(Ord. No. 1982, § 1(745),3-24-1994)
Secs. 110-259-110-290. Reserved.
ARTICLE VIII. AMENDED PLAT
Sec. 110-291. Approval required.
All applicants seeking approval of an amended plat shall comply with the requirements of this article. Every
amended plat shall require approval of the city council, but only after approval has been previously obtained from
the planning and zoning commission.The procedures contained in this article shall be used to correct a subdivision
plat which has been previously filed in the county clerk's office.
(Ord. No. 1982, § 1(800),3-24-1994)
Sec. 110-292. Prerequisites.
An amended plat submittal may be submitted on a property when it conforms to the requirements of
V.T.C.A., Local Government Code§212.016.
(Ord. No. 1982, § 1(810),3-24-1994)
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Sec. 110-293. Documents required.
The application packet shall include all documents listed below,and no amended plats will be reviewed by
the city until all required documents are submitted in a completed format and all fees have been paid.
(1) Amended plat application (see section 110-294).
(2) Final plat drawing(see section 110-295).
(Ord. No. 1982, § 1(820),3-24-1994)
Sec. 110-294. Application.
The applicant shall submit a written amended plat application to the planning division at least 14 days prior
to the regular meeting of the planning and zoning commission for which approval is being sought.
(Ord. No. 1982, § 1(830),3-24-1994)
Sec. 110-295. Final plat drawing.
The applicant shall submit the required number of copies of the final plat drawing as shown on the amended
plat application.The final plat drawing shall contain,at a minimum,all the information listed in the"requirements
for all plat drawings"contained in section 110-331 and include all the information listed as"additional
requirements for final plat drawings"contained in section 110-333.
(Ord. No. 1982, § 1(840),3-24-1994)
Sec. 110-296. Review, processing and approval.
Every amended plat shall be reviewed for conformity to the regulations contained in V.T.C.A., Local
Government Code§212.016.
(Ord. No. 1982, § 1(850),3-24-1994)
Secs. 110-297-110-330. Reserved.
ARTICLE IX. TECHNICAL SPECIFICATIONS FOR PLAT DRAWINGS
Sec. 110-331. Requirements for all plat drawings.
Every plat drawing shall include the information contained in this article.
(1) Adjacent properties. All property lines, streets and easements on lands immediately adjacent to and
contiguous with the perimeter of the proposed subdivision and extending 100 feet shall be shown with
the names of the owners as shown in the most current tax assessor's files; if the adjacent properties
are platted,the names of adjoining subdivisions and the names of adjoining streets are to be shown.
(2) Building setback lines. Front building setback lines shall be indicated by dashed lines on all lots in
accordance with the requirements of the city zoning chapter for the appropriate zoning district.Side
yard building setback lines shall be indicated by dashed lines on the side yards of lots with side street
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frontage.Additional building setback may be required by the planning and zoning commission when
sound planning principles apply. Existing building setback lines on adjacent properties shall be shown,
where applicable.
(3) City limit lines.The location of the corporate limit boundaries of the city or any adjacent city shall be
shown on the plat drawing where applicable.
(4) Date.The date in which the drawing was prepared shall be shown on the plat drawing.
(5) Easements.The location and dimension of all existing or proposed easements shall be shown on the
plat drawing indicating whether such easement is for any specific purpose.General easements for the
use of public utilities of not less than 7.5 feet in width shall be provided along 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 lines or across lots. In all cases,easements shall
connect with easements already established in adjoining properties or extend to connect with a public
right-of-way. No lot shall lie shown with an easement which prevents proper development and full
utilization of the lot as a suitable building site for the intended zoning district.
(6) Lot and block numbering. All lots and blocks shall be consecutively numbered,or lettered in
alphabetical order.The blocks in subdivisions bearing the same name shall be numbered or lettered
consecutively through the several sections or phases. Lettering for blocks shall be larger and bolder
than lot numbers or circled to make identification clear.Any lot or block which is planned as an
outparcel shall be numbered and designated on the plat with notation regarding any development
restrictions.
(7) Map sheetsize. Map sheets shall be of such size as are acceptable for filing in the office of county clerk,
but shall not exceed 24 by 36 inches, but may be 18 by 24 inches,with a binding margin of not less
than 1% inches on the left side of the sheets.Sheets shall be numbered in sequence if more than one
sheet is used and an index sheet provided with match lines.
(8) North arrow. A north arrow indicating the approximate true north shall be predominantly placed near
the scale.
(9) Ownership/developer.The name,address,and telephone number of the current legal owner,and the
name,address,and telephone number of the developer, if other than the owner,shall be shown on
the plat drawing.
(10) Plat notes and conditions. When appropriate,the drawing shall contain a listing of any plat notes and
plat conditions in a readily identifiable location with each note numbered consecutively.
(11) Public use areas.The location and dimensions of all property proposed to be set aside for park use,or
other public or common reservation shall be shown on the plat drawing,with designation of the
purpose thereof,and conditions, if any,of the dedication or reservation.
(12) Scale.The drawing shall be prepared at a numerical scale no greater than one inch equals 100 feet.At
the discretion of the public works director,the plat may be drawn at a numerically smaller scale, i.e.,
one inch =50 feet,one inch =40 feet,etc., if the plat can still be drawn on the required sheet size.A
graphic scale symbol shall be placed on the drawing.
(13) Street names. All existing and proposed street names shall be shown on the plat drawing. New street
names shall be sufficiently different in sound and in spelling from other road names in the city so as to
not cause confusion.A road which is,or planned,as a continuation of an existing road shall bear the
same name.
(14) Street right-of-way.The width of all existing and proposed public street rights-of-way shall be shown
on the plat drawing and be consistent with the minimum requirements contained in the design manual
and the master thoroughfare plan. Dimensions shall be shown for all curves.The distance from the
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centerline of any existing roadway of a boundary street to the proposed subdivision shall be shown to
determine the adequacy of right-of-way along the route and to determine if additional right-of-way is
necessary to accommodate the proposed street.Sufficient iron pins shall be found or set and shown on
the drawing together with dimensions to adequately describe all perimeter streets.
(15) Subdivision boundary.The proposed subdivision boundary lines shall be show in heavy lines so as to
provide a differentiation with the internal features of the area being proposed for platting.The location
and dimensions of all boundary lines of the property shall be expressed to the nearest 1/100foot.
(16) Subdivision name.The name of the proposed subdivision with letters predominantly larger than those
used elsewhere shall be shown on the drawing,within the title block.The proposed name of the
subdivision shall not be a duplication of any existing subdivision name,whether by spelling or
pronunciation,or similar to any other subdivision within the city unless the proposed subdivision is
contiguous with a subsequent filing or a replat of an existing subdivision.The planning and zoning
commission shall have final authority to designate the name of the subdivision.
(17) Surveyor information.The name,address and telephone number of the professional land surveyor who
prepared the plat drawing shall be shown on the plat drawing.The plat drawing shall contain the seal
of the land surveyor who shall be registered in the state as a registered professional land surveyor.
(18) Title block. Preceding the name of the subdivision shall be a title block indicating whether the plat is a
preliminary plat,final plat, replat,or amended plat.
(19) Vicinity location map. A small vicinity location map shall be shown on the plat drawing.The vicinity
location map shall be drawn at an approximate scale of one inch=2,000 feet,and show sufficient
streets,collector and arterial street names,and major features of the surrounding area to locate the
area being subdivided.
(20) Surveyor's certification. Every plat drawing shall contain a surveyor's certification of compliance by a
registered professional land surveyor.The certification of compliance shall not be less than 1% inches
high and four inches wide and contain the following information:
KNOW ALL MEN BY THESE PRESENTS:
That I, ,a registered professional land surveyor licensed in the State of Texas,do hereby
certify that this plat is true and correct and was prepared from an actual survey made under my
supervision on the ground.
Signature Date
(Affix Seal)
(Ord. No. 1982, § 1(900),3-24-1994)
Sec. 110-332. Additional requirements for preliminary plat drawings.
In addition to the minimum information required of all plat drawings contained in section 110-331, every
preliminary plat drawing shall include the information contained in this section.
(1) Permanent structures.The location and general outline of any existing permanent or temporary
structures with sufficient dimensions to determine building line encroachments shall be shown on the
plat drawing.
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(2) Sectionalizing or phasing of plats.The plat drawing shall indicate any sectionalizing or phasing of the
proposed subdivision.Thereafter, plats of subsequent units of such subdivision shall conform to the
approved overall layout and phasing, unless a new preliminary plat is submitted. However, a
subsequent reduction of a phase may be considered, provided that it conforms to the original street
arrangement.
(3) Zoning classification.The plat drawing shall indicate the current zoning classification of the proposed
subdivision and all adjacent properties.
(4) Lot dimensions.The approximate dimensions of all proposed or existing lots with sufficient detail to
verify compliance with the specific requirements of the zoning chapter shall be shown on the plat
drawing.
(5) Floodplain features.The location of the 100-year flood limits, if applicable,shall be shown on the
preliminary plat drawing. If the subdivision or a portion thereof is located in a 100-year floodprone
area,the developer will be required to comply with the flood damage prevention article(chapter 102,
article II).
(6) Certificate of approval. Every preliminary plat drawing shall contain a certificate of approval by the
planning and zoning commission.The certificate of approval shall not be less than 1%inches high and
four inches wide and contain the following information:
WHEREAS The planning and zoning commission of the City of North Richland Hills,Texas,voted
affirmatively on this day of ,20_,to approve this preliminary plat.
Chairman, Planning and Zoning
Commission
Attest: Secretary, Planning and Zoning
Commission
(Ord. No. 1982, § 1(910),3-24-1994)
Sec. 110-333. Additional requirements for replats, short form plats, amended plats, and final
plat drawings.
Every replat,short form plat,amended plat,or final plat drawing shall include the following information in
addition to the minimum information required of all plat drawings contained in section 110-331.
(1) Metes and bounds description. A written metes and bounds description of the property shall be shown
on the plat drawing that will readily determine the location, bearing and length of all perimeter
boundary lines,and be capable of reproducing such lines upon the ground with a closure error of less
than 1:25,000.The legal description shall include reference to an original survey or subdivision corner,
and the Texas NAD83 State Plane Coordinate System.The legal description shall include the acreage of
the total area of the proposed subdivision and be consistent with the subdivision boundary.
Information to show the last instrument conveying title to each parcel of property involved in the
proposed subdivision,giving grantor,grantee,date,and land records reference.
(2) Global positioning system (GPS)horizontal control survey.The plat driving shall include the NAD83
Texas State Plane Coordinates for a minimum of two corners of the subdivision.The coordinates shall
be determined by a survey tied to the city's GPS monuments located within the city.Written
descriptions of the GPS benchmarks are available from the public works department.
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(3) Lot dimensions.The exact dimensions of all proposed or existing lots and the perimeter boundary of
the subdivision shall be shown on the plat drawing.
(4) Lot areas.The area for each lot expressed in square feet shall be shown on the plat drawing. (This
information may be shown in tabular form on the plat or on a separate sheet.)
(5) Irregular side lot lines. Side lot lines which are not perpendicular to the street right-of-way shall be
indicated with bearing and distance.
(6) Permanent structure encroachments. Any permanent structures which encroach any building setback
lines and will remain after completion of the development shall be shown on the drawing with
appropriate dimensions.
(7) Drainage easements.The location of any drainage easements, if applicable,shall be shown on the plat
drawing. If the subdivision or a portion thereof is located in the 100-year floodprone area,the
developer will be required to comply with the flood damage prevention article(article II,chapter 102
of this Code).
(8) Planning division approval certification. Every replat,amended plat,short form plat or final plat shall
contain a certificate of approval by the planning and zoning commission.The certificate of approval by
the planning and zoning commission shall not be less than two inches high and 4Y2 inches wide and
contain the following information:
Whereas the planning and zoning commission of the City of North Richland Hills,Texas,voted
affirmatively on this day of ,20_,to recommend approval of this plat by the city
council.
Chairman, Planning and Zoning
Commission
Attest: Secretary, Planning and Zoning
Commission
(9) County certification. Any certification block required by the county clerk's office for filing shall be
shown on the plat drawing. (See appendix B—section 110-97)
(10) Dedication certificate. Every replat,amended plat,short form plat or final plat shall contain an owner's
certificate of dedication as follows:
KNOW ALL MEN BY THESE PRESENTS:
That, I, (owner's name)do hereby certify that I am the legal owner of the above described tract of land
and do hereby convey to the public for public use,the streets,alleys, rights-of-way,and any other
public areas shown on this plat.
Owner's Name
STATE OF TEXAS)(
COUNTY OF TARRANT)(
Before me,the undersigned notary public in and for said county and state on this day personally
appeared , known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the purpose and considerations
therein expressed,and in the capacity therein stated.
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Given under my hand and seal of office this day of ,20_
Notary Public in and for Tarrant County
(affix seal)
My printed name
My commission expires:
(11) City council approval certification. Every replat,amended plat,short form plat or final plat shall contain
a certificate of approval by the city council.The certificate of approval by the city council shall not be
less than two inches high and four inches wide and contain the following information:
Whereas the city council of the City of North Richland Hills,Texas,voted affirmatively on this day
of ,20_,to approve of this plat for filing of record.
Mayor,City of North Richland Hills
Attest:City Secretary
(Ord. No. 1982, § 1(920),3-24-1994)
Secs. 110-334-110-360. Reserved.
ARTICLE X. REQUIRED IMPROVEMENTS
Sec. 110-361. General infrastructure policy.
(a) The developer shall install all water and sewer systems,street and drainage facilities,and any other facilities
required by these regulations which are necessary for the proper development of the subdivision.The
design,construction and inspection of any public or semipublic improvements shall be borne by the
developer.All such facilities shall be designed and constructed in accordance with the design manual and be
in conformance with the general layout of the city master plan,as adopted by the city council.
(b) Where considered necessary by the public works director,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.Where
oversizing of public facilities is required,or where the relocation of public facilities is required,or where
specific public or semipublic improvements are necessary for the proper development of the subdivision,the
developer of the proposed subdivision shall construct or relocate said public or semipublic facilities.
(c) Where, in the opinion of the planning and zoning commission,construction of said public or semipublic
facilities should be deferred to a future date,then the developer shall place in escrow with the city an
amount equal to the estimated cost of the improvements as determined by the public works department.
The planning and zoning commission may recommend alternate arrangements to the city council when
appropriate.
(d) 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 comply with the following:
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(1) If the public 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 subdivision,then the
developer shall provide,within his subdivision,all of the easements or right-of-way necessary for the
improvements.
(3) Reserve strips of land controlling access to or egress from other property,or to or from any street or
alley,or having the effect of restricting or damaging the adjoining property for subdivision purposes,or
which do not meet the minimum standards of the zoning district in which it lies,or which will not be
taxable or accessible for special improvements,shall not be permitted in any subdivision.
(Ord. No. 1982, § 1(300),3-24-1994; Ord. No.3550, § 1, 12-10-2018)
Sec. 110-362. Water facility requirements.
The developer shall furnish, install,construct,or extend,at his own expense,water distribution facilities
necessary for the proper development of the subdivision.The water system shall provide individual service to
every lot in the subdivision.All water mains constructed within a proposed subdivision shall be extended to the
perimeter of the proposed subdivision to allow for future extension of the water system into adjacent properties.
The water system shall be designed and constructed in accordance with the specifications contained in the design
manual.Where considered necessary by the public works director,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 water distribution
system. In addition,the water system shall conform to the city's current water distribution system capital
improvements plan.
(Ord. No. 1982, § 1(305),3-24-1994)
Sec. 110-363. City participation in water system oversizing.
Where oversizing of water system improvements is required by the capital improvements plan,city
participation in any proposed water line shall be in accordance with the provisions of the water and sewer impact
fee ordinance. City participation will not be available for water lines which are not part of the proposed
improvements contained in the capital improvements plan.
(Ord. No. 1982, § 1(310),3-24-1994)
Sec. 110-364. Fire hydrant requirements.
The developer shall install,at his own expense,a sufficient number of fire hydrants to provide fire protection
service to every lot in the subdivision.The fire hydrant system shall be designed according to the specifications
contained in the design manual.The layout of the system shall be determined by the public works director and
approved by the fire marshal.
(Ord. No. 1982, § 1(315),3-24-1994)
Sec. 110-365. Sewage facility requirements.
The developer shall furnish, install,construct,or extend,at his own expense,sewage collection facilities
necessary for the proper development of the subdivision.The sewage system shall provide individual service to
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every lot in the subdivision.All sewer mains constructed within the proposed subdivision shall be extended to the
perimeter of the proposed subdivision to allow for future extension of the sewer system into adjacent properties
regardless of whether or not such extensions are required for service within the subdivision.The sewage system
shall be designed and constructed in accordance with the specifications contained in the design manual.Where
considered necessary by the public works director,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.All sanitary sewer installations
shall be in conformance with the city's wastewater system capital improvements plan.
(Ord. No. 1982, § 1(320),3-24-1994)
Sec. 110-366. City participation in sewer system oversizing.
Where oversizing of sewer system improvements is required by the capital improvements plan,city
participation in any proposed sewer line shall be in accordance with the provisions of the water and sewer impact
fee ordinance. City participation will not be available for sewer lines which are not a part of the proposed
improvements contained in the capital improvements plan.
(Ord. No. 1982, § 1(325),3-24-1994)
Sec. 110-367. Construction in public rights-of-way.
(a) Utilities to be in rights-of-way or easements;underground utilities, exceptions. All public utilities shall be
constructed within a public street right-of-way or an appropriate public utility easement.When a proposed
water or sewer line or a drainage facility will be placed adjacent to a public road maintained by the Texas
Department of transportation,a separate specific use easement document shall be provided for each utility
or drainage facility. Public utilities shall be placed underground in new subdivisions absent a compelling
demonstration that this requirement is unreasonable,or unfeasible.
(b) Underground utilities at rear of lot(October 13, 2003 to November 10, 2003). In residential subdivisions with
final plats approved on or after October 13,2003,and on or before November 10,2003, underground
electric utilities may be allowed in an easement not greater than 10 feet wide along the front or side
property lines as long as above-ground electrical transformers and other electrical appurtenances in such
subdivisions do not exceed 36 inches in height,are placed on a concrete pad not exceeding 18 square feet in
area enclosed on three sides by living evergreen plant screening at least 10 inches higher than the
transformer, but not exceeding four and one-half feet in height,with the open side away from the nearest
street.The owner of the lot where the transformer is located shall be responsible for the initial planting of
the plant screening which shall be in place prior to final inspection of the house on such lot. In the event the
homeowner's association wishes to install the plant screening,it may do so before any homes receive final
inspection.The homeowner's association will be responsible for the maintenance of the screening in either
case.The foregoing requirements shall be exclusive and the remaining subsections of this section shall not
apply.
(c) Underground utilities at rear of lot(after November 10, 2003). In residential subdivisions platted after
November 10,2003,all new residential subdivisions shall require electrical,telecommunications and cable
facilities, including new service drops,to be placed underground in an easement at the rear lot line.Where
rear lot utilities are located on corner lots,above ground appurtenances must be located a maximum of five
feet from the side building line.
(d) Transformers. All electrical transformers must be accessible by a seven (7)foot wide dedicated Oncor utility
easement that extends to the transformer. Physical access to the transformer will be provided via a five-foot
wide removable fence panel or gate located in the easement. Property owners will be responsible for
providing security for the transformer and will make sure that the transformer is free from obstruction.The
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city will make reasonable efforts through communication and code enforcement to assure that residents
provide unobstructed access including unlocked gates.The necessity for removal of minimal fencing and/or
landscaping within easements to permit the replacement of facilities,appurtenances,and equipment is
considered to be within the definition of reasonable access.
Transformers and other appurtenances shall not exceed 36 inches in height and transformers shall be placed on a
concrete pad not exceeding 18 square feet in area. Fire hydrants and traffic signal controllers are exempted from
the rear lot or tract line requirement.
In all cases, before construction of facilities commence,the easement shall be reduced to final grade,at
developer's sole cost and expense.Additionally, if such easement is located within a floodplain,the entire surface
of the easement shall be raised above the floodplain elevation, at developer's sole cost and expense, before
construction of the facilities commences.Sight visibility easements and horizontal clear triangles are not
appropriate locations for the placement of aboveground facilities,appurtenances,and equipment as they would
create safety concerns by blocking or impairing the visibility of vehicular traffic.
(e) Exceptions. Exceptions to the rear lot location may be granted by providing facts and circumstances to the
Planning and Zoning Commission at the preliminary plat stage to demonstrate rear lot utility location is not
technically or environmentally feasible.Since the impact of technical and environmental factors may differ,
exceptions for each utility will be considered separately and on a stand alone basis.
(f) Requirements for nonrear lot locations. Service lines,aboveground appurtenances and equipment locations
for utility service approved by the Planning and Zoning Commission for other than the required rear lot
locations must follow the guidelines below:
(1) Underground utility service lines shall be located within a 10 foot wide easement,equally divided and
paralleling the side property line of two adjacent lots.Aboveground electrical transformers and other
utility appurtenances located within such easements shall be located five feet from the front building
setback line.
(2) Transformers will be hinged to provide for rear service access.Access to the rear must be free from
obstructions.Additionally,the use of surface"hand boxes"versus pedestals for electric utilities is
required.
(3) Screening of the above ground appurtenance by a live vegetative screen is recommended for the street
front and sides of the pad. Maintenance of the optional screening shall be the responsibility of the
owners of the adjacent lots where the appurtenance is located.
(4) In situations where the grade requires retaining walls,the transformer pad will be located on the lower
grade and the retaining walls will be"jogged"to accommodate the transformer pad and provide
adequate service access.
(5) Exceptions to any requirement must be resolved at the preliminary plat stage.
Nothing herein shall be construed as to require utility companies to"underground"existing or new electric
facilities, nor to prohibit the upgrading, reconstruction or reconductoring of existing overhead facilities in the city's
public rights-of-way.
(Ord. No. 1982, § 1(330),3-24-1994; Ord. No.2774, § 1,3-11-2004)
Sec. 110-368. Street right-of-way dedication.
Each subdivision plat shall dedicate public street right-of-way of sufficient width to comply with the
standards contained on the master thoroughfare plan and the following requirements:
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(1) All street rights-of-way shall be integrated with the existing and proposed system of thoroughfares and
rights-of-way.
(2) Every lot shall front on a public right-of-way which complies with the width shown on the master
thoroughfare plan or when approved by the city,an acceptable public access easement.
(3) Street rights-of-way shall be configured so as to allow for future access to adjacent properties.
(Ord. No. 1982, § 1(335),3-24-1994)
Sec. 110-369. Street improvement requirements.
The developer shall construct,at his own expense,street facilities necessary for the proper development of
the subdivision.The street system shall provide access to every lot in the subdivision,and comply with the
following:
(1) All street surfaces within or abutting the proposed subdivision shall be paved,with curbs and gutters
installed,and otherwise constructed in accordance with the standards and specifications contained in
the design manual.
(2) All paving shall be constructed to the width specified by the"functional classification"of streets as
contained in the most current revision of the master thoroughfare plan.
(3) Permanent dead-end roads shall not be allowed.
(4) Proposed new streets shall be laid out,where possible,so as to eliminate or avoid new perimeter half-
streets.
(Ord. No. 1982, § 1(340),3-24-1994)
Sec. 110-370. City participation in thoroughfare street improvements.
(a) The city will only participate in the construction costs of a collector or arterial street as designated by the
master thoroughfare plan and be located in conventional single-family residential areas.When the public
works director has determined that the need for additional street capacity is not directly attributable to the
traffic pattern of the proposed development,the city may participate in the portion of the roadway in excess
of 36 feet, measured from curb face to curb face.The developer shall pay for 36 feet of roadway, including
any extra depth of pavement,curb and gutter for both sides,all excavation required,all subgrade
preparation,and all other costs involved in the street construction, including engineering costs.
(b) When a street is required to be constructed with extra width or special conditions by the city for aesthetic
value or special circumstances,the city will participate on the same basis as in thoroughfare considerations.
Where the oversizing of the street is at the discretion of the developer for aesthetic purposes or special
considerations, no participation is allowed.
(c) In nonsingle-family residential areas,when existing development would require additional strength design or
additional width of pavement to accommodate expected traffic use, no city participation is allowed.
(Ord. No. 1982, § 1(345),3-24-1994)
Sec. 110-371. Perimeter street requirements.
Where an existing perimeter street is adjacent to a proposed new subdivision,the developer shall establish
the location of the street centerline and dedicate sufficient right-of-way within his own subdivision to provide one-
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half of the street right-of-way width shown on the master thoroughfare plan.The developer shall construct one-
half of the required street according to the standards contained in the design manual.
(Ord. No. 1982, § 1(350),3-24-1994)
Sec. 110-372. Sidewalk requirements.
Every new subdivision,or resubdivision hereafter approved,shall be required to install sidewalks,with
appropriate curb ramps,adjacent to all public street rights-of-way.Construction of any sidewalk shall conform to
the standards and specifications contained in the design manual.Sidewalk placements shall conform to the
following:
(1) All corner lots shall have sidewalks placed on the two frontages or sides adjacent to the streets.
(2) Any triple frontage lots shall have sidewalks placed on the three frontages or sides adjacent to the
streets.
(3) Any double frontage lots shall have sidewalks placed on the two frontages adjacent to the streets.
(4) Construction of all side yard sidewalks and rear yard sidewalks adjacent to perimeter streets shall be
the developer's responsibility to construct after plat approval. Front yard sidewalks shall be
constructed for each lot prior to completion of any primary structure.
(Ord. No. 1982, § 1(352),3-24-1994)
Sec. 110-373. Masonry screening wall requirements (semipublic improvement).
Every newly platted residential or nonresidential subdivision or resubdivision of lots adjacent to a C-4-U
thoroughfare,or larger,as shown in the prevailing master thoroughfare plan,shall comply with the screening wall
requirements as provided in this section.
(1) The developer of any lot located in a newly platted residential subdivision,or resubdivision of existing
residential lots adjacent to a C-4-U thoroughfare,or larger,as shown on the prevailing master
thoroughfare plan,shall be required to construct a masonry or concrete screening wall along and
adjacent to said thoroughfare. However,a replat of an existing one lot residential subdivision on any
street is exempt.
(2) The developer of any lot located in a newly platted nonresidential subdivision,or resubdivision of lots,
which have a rear property line adjacent to a C-4-U thoroughfare,or larger,as shown on the prevailing
master thoroughfare plan,shall be required to construct a masonry or concrete screening wall along
and adjacent to said thoroughfare.
(3) The masonry or concrete screening wall shall be constructed in a manner consistent with the standards
and specifications contained in the design manual.Any combination of wrought iron and landscaping
at street intersections,or entrances to subdivisions,shall be considered as an acceptable alternate
material. Except for landscaping materials, no masonry or concrete screening wall or its foundation
shall be constructed within the street right-of-way.
(4) Any masonry screening wall constructed within the city which is not required by subsection (1)or
subsection (2)of this section shall be constructed in a manner consistent with the standards and
specifications contained in the design manual.
(Ord. No. 1982, § 1(355),3-24-1994)
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Sec. 110-374. Drainage improvement requirements.
The developer shall be required to furnish, install,construct,or extend,at his own expense,all storm sewers
and drainage structure facilities necessary for the proper development of the subdivision.Concrete channel
improvements shall be required where specified in the master drainage plan and in the design manual.Alternate
earthen channels may be approved when in accordance with the criteria established in the design manual.All
public drainage facilities shall be constructed within a public drainage easement or drainage right-of-way as
required by the city.
(Ord. No. 1982, § 1(360),3-24-1994)
Sec. 110-375. Off-site drainage.
In respect to off-site drainage,the following provisions shall apply:
(1) The developer shall be responsible for all runoff from fully developed property upstream of the
proposed development.
(2) Where a drainage study indicates that additional runoff from the developing property will overload
downstream drainage facilities and result in hazardous conditions,the city may withhold approval of
the development until appropriate provisions have been made.These provisions shall include any
drainage design or construction plans necessary to accommodate the off-site drainage problem.
(Ord. No. 1982, § 1(362),3-24-1994)
Sec. 110-376. Street lighting.
The developer shall furnish, install,construct or extend,at his own expense,street lighting facilities
necessary for the proper development of the subdivision.The street lighting system shall comply with the location
and spacing requirements for street lighting systems contained in the design manual.
(Ord. No. 1982, § 1(365),3-24-1994)
Sec. 110-377. City-developer agreements.
(a) 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$5,000.00,then the developer must execute a city-developer
agreement as contained in section 110-98. 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$5,000.00 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 agreement 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 documents 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.
(b) On projects not requiring 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, provided that such plans have been approved by the public works director.All
construction shall be in accordance with the applicable sections of this chapter.The developer may choose
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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.
(Ord. No. 1982, § 1(370),3-24-1994)
Sec. 110-378. Temporary improvements.
The applicant shall build and pay for all costs of temporary improvements required by the public works
department and shall maintain same for a period specified by the city.
(Ord. No. 1982, § 1(372),3-24-1994)
Sec. 110-379. Maintenance bond requirements.
The developer's contractor shall be required to file a maintenance bond with the public works director, prior
to beginning construction by the city, in an amount and form satisfactory to the public works director, in order to
ensure the satisfactory condition of the required improvements for a period of two years after the date of their
acceptance by the city.
(Ord. No. 1982, § 1(375),3-24-1994)
Sec. 110-380. Public works construction permit required.
Construction shall not start on any street,sidewalk,drainage, utility or public improvement until a public
works construction permit and an acceptable two-year maintenance bond has been issued for all facilities in the
subdivision or the approved phase of the said subdivision.
(Ord. No. 1982, § 1(380),3-24-1994)
Sec. 110-381. Inspection of proposed public facilities.
The public works department shall provide for inspection of required public improvements during
construction and ensure their satisfactory completion. If the public works director finds upon inspection that any
of the required improvements have not been constructed in accordance with city construction standards and
specifications,the applicant shall be notified that building permits will not be issued until all inconsistencies have
been corrected.All construction debris or waste shall be removed from all areas of the subdivision prior to the
issuance of the letter of completion of public improvements by the public works department.
(Ord. No. 1982, § 1(382),3-24-1994)
Sec. 110-382. Final walk-through and construction debris.
The developer of a subdivision shall arrange for a final walk-through inspection with the building official. No
cut trees,timber,debris, rocks,stones,junk, rubbish,or other waste materials of any kind shall be buried in any
land,or left or deposited on any lot or street at the time of completion of public facilities. Removal of all debris and
waste shall be required prior to approval and acceptance of all public improvements and prior to the issuance of
any building permit or certificate of occupancy.
(Ord. No. 1982, § 1(385),3-24-1994)
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Sec. 110-383. Letter of completion of public improvements.
(a) The city council will not accept dedication of required improvements until the public works director has
provided written certification that all required improvements have been satisfactorily completed in
accordance with construction plans for the subdivision and are ready for dedication to the city and are free
and clear of any and all liens and encumbrances. Upon such approval and recommendation,the city shall
thereafter accept the improvements for dedication.
(b) 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 letter of completion of public improvements to the developer and authorize the release of the
subdivision for the issuance of building permits.
(Ord. No. 1982, § 1(390),3-24-1994)
Secs. 110-384-110-410. Reserved.
ARTICLE XI. DESIGN CRITERIA
Sec. 110-411. Conformity with zoning regulations.
Every lot shall be designed in such a manner that it complies with the minimum dimensions of the applicable
zoning district as contained in the zoning chapter of this Code(chapter 118).
(Ord. No. 1982, § 1(1000),3-24-1994)
Sec. 110-412. Generally.
Every subdivision plat shall be reviewed by the city for conformance with the design criteria contained in this
article.The city recognizes that suitability characteristics vary from site to site,and the planning and zoning
commission shall provide oversight in their interpretation application and enforcement of these criteria.
(1) Access from major thoroughfares. Where a residential subdivision borders or contains an existing or
proposed thoroughfare as shown on the master thoroughfare plan, residential lots shall not in general,
where possible, have frontage onto or derive access directly from an existing or proposed C-2-U
collector street,or larger. Nonresidential lots which have frontage onto or derive access directly from
an existing or proposed C-2-U collector street,as shown on the Master Thoroughfare Plan, shall have
driveway locations which comply with the spacing requirements contained in the design manual.
(2) Block depths. Blocks should have sufficient depth to provide for two tiers of lots of appropriate depths.
Exceptions to this prescribed block depth may be permitted in blocks adjacent to major streets,
railroads,waterways or city limit lines.The use of a public alley shall be limited to nonresidential
subdivisions.
(3) Block lengths. Block lengths in residential areas shall not exceed 15 times the minimum lot width
required in the zoning district or 1,000 feet long without an intersection with another street. Blocks
designed for industrial uses may be of such length and width as determined suitable and appropriate
by the planning and zoning commission for the prospective use. In long blocks,the planning and zoning
commission may require the reservation of an easement through the block to accommodate utilities,
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drainage facilities,or pedestrian traffic.When such an easement is required,additional width shall be
included in the adjacent lots.
(4) Buildable area. Every residential lot proposed for development shall contain a buildable area which
contains, at a minimum, 125 percent of the minimum structure square footage required for the
applicable zoning district.The buildable area shall be situated out of the 100-year special flood hazard
area.
(5) Character of the land. Land which the planning and zoning commission finds to be unsuitable for
subdivision or development due to flooding, improper drainage,steep slopes, rock formations,adverse
earth formations or topography, utility easements,or other features which will reasonably be harmful
to the safety, health,and general welfare of the present or future inhabitants of the subdivision and/or
its surrounding areas,shall not be subdivided or developed until adequate methods are formulated by
the developer and approved by the planning and zoning commission to solve the problems created by
the unsuitable land conditions.
(6) Conformity with comprehensive land use plan. Every subdivision plat shall conform to the city's
comprehensive land use plan,zoning chapter(118),this chapter,other applicable city standards.
(7) Corner clip. At all street intersections,there shall be provided a minimum ten-foot by ten-foot corner
clip sidewalk and utility easement diagonal to the street right-of-way lines.
(8) Corner lots. Additional lot width should be considered for corner lots to allow for two street frontage
setback lines.
(9) Cul-de-sac length. No street may be designed to be dead-ended without the installation of a cul-de-sac
with a 50-foot right-of-way radius and a 40-foot pavement radius back-to-back of curb. No cul-de-sac
street may exceed 500 feet in length,as measured along the street centerline from the projected curb
intersection to the farthest curb location.
(10) Double frontage lots. Double frontage and reversed frontage lots shall be avoided except where
necessary to provide separation of residential development from collector or arterial streets or to
overcome specific disadvantages of topography and orientation.The planning and zoning commission
may require that a provision be placed on the plat to limit the facing of main structures or limit
driveway access from any collector or arterial street.
(11) Drainage easements and rights-of-way.The city will advise the developer when to utilize either a
drainage easement or a drainage right-of-way to accommodate drainage facilities in the subdivision.
When a drainage easement is utilized, lot lines shall be drawn to the center of the drainage easement
and the drainage easement shown with a dashed line.Any lot intended to be used as a buildable lot
which contains a drainage easement shall be designed so as to have a buildable area that is,at a
minimum, 125 percent of the minimum square footage required for the applicable zoning district.The
planning and zoning commission may approve an alternate plan whereby the drainage area is
designated as a separate lot or shown as a drainage right-of-way with public conveyance notation.
When a drainage right-of-way is utilized, lot lines shall not be extended into the limits of the drainage
right-of-way.
(12) Grading and lot drainage. Residential lot grading shall be conducted in a manner which will not allow
runoff to cross more than two lots, including the lot on which the drainage originates before it enters a
street or drainage easement. If this is not possible,then a drainage easement must be provided and
any necessary facilities shall be constructed and installed by the developer. Lots shall be laid out so as
to provide positive drainage away from all buildings. Individual lot drainage shall be coordinated with
the general storm drainage pattern for the area.
(13) Intersection angles. Spacing of intersections along major streets shall conform to the design manual.
Not more than two streets shall intersect at any one point unless specifically approved by the planning
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and zoning commission. Proposed new intersections along one side of an existing street shall,
wherever practicable,coincide with any existing intersections on the opposite side of such street.
Streets shall be laid out so as to intersect as nearly as possible at right angles. Intersections which are
not right angles shall use the following criteria:
a. A proposed intersection of two new streets at an angle of less than 75 degrees shall not be
acceptable.An oblique street intersection or curved street approaching an intersection should be
approximately at right angles for at least 100 feet therefrom.
b. Street jogs with centerline offsets of less than 150 feet shall not be permitted,except where the
intersected street has separated dual drives without median breaks at either intersection.
(14) Lot dimensions. Lot dimensions shall be consistent with the minimum standards of the zoning
ordinance(chapter 118). Proper design of a subdivision requires that side lot lines be at right angles to
street lines or as a radial. However, lot lines which are not at right angles to street lines,or shown as a
radial,shall contain a bearing notation. Dimensions of corner lots shall be large enough to allow for
erection of buildings,observing the minimum front and side yard setback from both streets. Depth and
width of properties reserved or laid out for business,commercial,or industrial purposes shall be
adequate to provide for the off-street parking and loading facilities required for the type of use and
development contemplated,as established in the zoning chapter of this Code(chapter 118).
(15) Masonry screening walls. Masonry screening walls shall be constructed adjacent to any residential
thoroughfare designated as C-4-U,or larger,on the master thoroughfare plan. No screening wall shall
be constructed within the street right-of-way.
(16) Multiple entrance and exit locations.Where possible,the use of two or more entrance and exit
locations is encouraged when the subdivision contains 40 or more lots. However,the planning and
zoning commission may recommend a waiver of this criteria when alternative proposals are
determined sound planning principles have been considered.
(17) Rights-of-way. Right-of-way widths shall be consistent with those shown on the master thoroughfare
plan. Right-of-way widths in excess of the standards designated on the master thoroughfare plan shall
be required whenever,due to topography,additional width is necessary to provide adequate earth
slopes. Furthermore,street right-of-way widths in commercial, industrial and similar high intensity land
use areas shall be appropriate for the type of development being proposed, but no street in such area
shall be less than the minimum required for a C-2-U collector street.
(18) Water bodies. If a tract being subdivided contains a water body or portion thereof, lot lines shall be
drawn so as to distribute the entire ownership of the water body among adjacent lots.The planning
and zoning commission may approve an alternative plan whereby the ownership of and responsibility
for safe maintenance of the water body is so placed that it will not become a local government
responsibility.
If a water body is intended to be situated on its own lot,then the lot shall be numbered according to
the numbering sequence of the subdivision. Furthermore,any lot intended to be used as a buildable lot
which includes a water body shall contain a buildable area that is,at a minimum, 125 percent of the
minimum square footage required for the applicable zoning district.
(19) Common access easements.To the maximum extent practicable,common access easements will be
required between and/or across any lots zoned, used and/or planned by the Land Use Plan for
nonresidential purposes and fronting on arterial and collector streets in order to minimize the total
number of access points along those streets and to facilitate traffic flow between lots.The easements
must be provided on the final plat, replat,or amended plat of the subject properties,or be recorded by
separate instrument with Tarrant County.
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The common access easement must be at least 20 feet wide.The easement must encompass existing
and proposed driveways and extend across the entire width of the property to provide access to
adjacent properties.The location must be approved by the city manager or designee.
Maintenance of any common access easement is the responsibility of the property owner or property
owner's association,as applicable.When an easement is created by plat,a maintenance note must be
added to the plat acknowledging maintenance responsibility.When the easement is created by
separate instrument,the maintenance responsibility must be acknowledged within the separate
instrument.
(Ord. No. 1982, § 1(1010),3-24-1994; Ord. No.3550, §2, 12-10-2018)
Secs. 110-413-110-440. Reserved.
ARTICLE XIL INSTALLATION OF PERMANENT FIELD MONUMENTS
Sec. 110-441. Generally.
The applicant shall place permanent reference monuments in the subdivision as required herein and under
the direction of a registered land surveyor or professional engineer.All such monuments shall be set flush with or
below the ground and planted in such a manner that they will not be generally disturbed.
(Ord. No. 1982, § 1(1200),3-24-1994)
Sec. 110-442. Subdivision boundaries.
The external boundaries of a subdivision shall be documented in the field by monuments of not less than
four inches square or five inches in diameter,and marked on top with a cross, brass plug, iron rod,or other
durable material securely embedded; or by iron rods or pipes not less than 18 inches in length and one-half inch in
diameter.These monuments shall be placed at all corners of the subdivision boundary,at each end of all curves,at
the point where a curve changes its radius,at all angle points in any line,and at all angle points along a
meandering line.
(Ord. No. 1982, § 1(1210),3-24-1994)
Sec. 110-443. Internal block corners.
All internal block corners,street intersections,street angle points and curves tangents shall receive
permanent monuments in the field by iron rods or pipes at least 18 inches long and one-half inch in diameter.
(Ord. No. 1982, § 1(1220),3-24-1994)
Sec. 110-444. Lot corners.
All corners of all lots shall receive monuments in the field by iron rods 18 inches long and one-half inch in
diameter.
(Ord. No. 1982, § 1(1230),3-24-1994)
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PART II -CODE OF ORDINANCES
Chapter 110-SUBDIVISIONS
ARTICLE XIII.ADEQUACY OF PUBLIC FACILITIES; PROPORTIONALITY
ARTICLE XIII. ADEQUACY OF PUBLIC FACILITIES; PROPORTIONALITY
Sec. 110-445. Purpose and policy.
(a) These subdivision regulations of the city are designed and intended to achieve the following purposes and
shall be administered so as to:
(1) Promote the health,safety, morals and general welfare of the community and the safe,orderly and
healthful development of the city;
(2) Establish adequate policies and procedures to guide development of the city;
(3) Provide for the establishment of minimum specifications for construction and engineering design
criteria for public infrastructure improvements to maintain land values, reduce inconveniences to
residents of the area,and to reduce related unnecessary costs to the city for correction of inadequate
facilities that are designed to serve the public;
(4) Ensure that development of land and subdivisions shall be of such nature,shape and location that
utilization will not impair the general welfare;
(5) Ensure against the dangers of fires,floods,erosion, landslides,or other such menaces;
(6) Preserve the natural beauty and topography of the city and to ensure appropriate development with
regard to these natural features;
(7) Realistically and harmoniously relate new development of adjacent properties;
(8) Provide the most beneficial circulation of traffic throughout the city, having particular regard to the
avoidance of congestion in the streets and highways,and pedestrian traffic movements;and to provide
for the proper location and width of streets;
(9) Ensure that public facilities for water supply,drainage,disposal of sanitary and industrial waste,and
parks are available for every building site and with adequate capacity to serve the proposed subdivision
before issuance of a certificate of occupancy or release of utility connections or final inspection within
the boundaries of the plat;
(10) Assure that new development adequately and fairly participates in the dedication and construction of
public infrastructure improvements that are necessitated by or attributable to the development or that
provide value or benefit that makes the development feasible;
(11) Help prevent pollution,assure the adequacy of drainage facilities,control storm water runoff,
safeguard the water table,and encourage the wise use and management of natural resources
throughout the city and its extraterritorial jurisdiction in order to preserve the integrity, stability,and
beauty of the community and the value of the land;and
(12) Provide for open spaces through the most efficient design and layout of the land,while preserving the
land use intensity as established in the zoning ordinance of the city.
(b) To carry out the purposes hereinabove stated, it is declared to be the policy of the city to guide and regulate
the subdivision and development of land in such a manner as to promote orderly growth both within the city
and where applicable.
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(c) Land must not be platted until proper provision has been made for adequate public facilities for roadways,
drainage,water,wastewater, public utilities,capital improvements, parks, recreation facilities,and rights-of-
way for streets.
(d) Proposed plats or subdivisions which do not conform to the policies and regulations shall be denied,or, in
lieu of denial,disapproved conditioned on conformance with conditions.
(e) There shall be an essential nexus between the requirement to dedicate rights-of-way and easements and/or
to construct public works improvements in connection with a new subdivision and the need to offset the
impacts on the city's public facilities systems created by such new development.
(Ord. No.2887, § 1,6-12-2006)
Sec. 110-446. Adequate public facilities.
(a) Land proposed to be subdivided must be served adequately by essential public facilities and services,
including water and wastewater facilities, roadway and pedestrian facilities,drainage facilities and park
facilities.An application for a plat or development may be denied unless adequate public facilities necessary
to support and serve the development exist or provision has been made for the facilities,whether the
facilities are to be located within the property being platted or offsite.
(b) It is necessary and desirable to provide for dedication of rights-of-way and easements for public works
improvements to support new development at the earliest stage of the development process.
(c) The city desires to assure both that impacts of new development are mitigated through contributions of
rights-of-way,easements and construction of capital improvements,and that a new development be
required to contribute not more than its proportionate share of such costs.
(d) Proposed public works improvements serving new development shall conform to and be properly related to
the public facilities elements of the city's adopted master plan,other adopted master plans for public
facilities and services,and applicable capital improvements plans,and shall meet the service levels specified
in such plans.
(Ord. No.2887, § 1,6-12-2006)
Sec. 110-447. Minimum standards.
(a) The standards established in article X of chapter 110 and article III of chapter 94 of the Code of Ordinances
and other ordinances of the city for dedication and construction of public works improvements and
infrastructure are based upon engineering studies and historical usages and demands by different categories
of development.These regulations identify certain minimum requirements and sizes for utilities, roadways,
parks and other facilities that the city council has determined to be necessary in order to provide the
minimum level of service necessary to protect or promote the public health,safety,and welfare and to
assure the quality of life currently enjoyed by the citizens of North Richland Hills. It is the intent of these
regulations that no development occur until and unless these minimum levels of service are met.Therefore,
each subdivision in the city shall be required to dedicate,construct and/or upgrade required facilities and
infrastructure to a capacity that meets these minimum levels.
(b) For each category of public infrastructure,a minimum standard of infrastructure,and in some cases,service
level, has been developed based upon historic studies and construction projects of the city and other cities.
These minimum standards take into consideration the soil conditions and topographic configuration of the
city,the use and impact analyses of the North Central Texas Council of Governments in developing standard
specifications for public works installation,and other historical use and performance experiences of the city
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that reflect the minimum level of facilities and services that must be built to meet the health,safety and
welfare of the citizens of North Richland Hills.
(c) In order to maintain prescribed levels of public facilities and services for the health,safety and general
welfare of its citizens,the city may require the dedication of easements and rights-of-way and/or
construction of on-site and/or off-site public works improvements for water,wastewater, road,drainage or
park facilities to serve a proposed subdivision,or require the payment of fees in lieu thereof. If adequate
levels of public facilities and services cannot be provided concurrent with the schedule of development
proposed,the city may deny the subdivision until the public facilities and services can be provided,or require
that the development be phased so that the availability and delivery of facilities and services coincides with
the demands for the facilities created by the development.
(d) Whenever the city council determines that levels of service in excess of these minimum standards are
necessary in order to promote the orderly development of the city,the owner shall qualify for
reimbursement for any costs in excess of the minimum levels of service through city participation,to the
extent funds are available by a pro rata reimbursement policy or other means adopted by the city.
(Ord. No.2887, § 1,6-12-2006)
Sec. 110-448. Adequacy of specific facilities.
(a) All lots to be platted shall be connected to a public water system which has capacity to provide water for
domestic use and emergency purposes, including adequate fire protection.
(b) All lots to be platted shall be served by an approved means of wastewater collection and treatment.The city
may require the phasing of development and/or improvements in order to maintain adequate wastewater
capacity.
(c) Proposed roads shall provide a safe,convenient and functional system for vehicular, bicycle and pedestrian
circulation and shall be properly related to the applicable thoroughfare plan and any amendments thereto,
and shall be appropriate for the particular traffic characteristics of each proposed subdivision or
development. New subdivisions shall be supported by a thoroughfare network having adequate capacity,
and safe and efficient traffic circulation. Each development shall have adequate access to the thoroughfare
network.The city may require the phasing of development and/or improvements in order to maintain a safe,
convenient and functional system of roads for vehicular and pedestrian circulation.
(d) Drainage improvements serving new development shall be designed to prevent overloading the capacity of
the downstream drainage system.The city may require the phasing of development,the use of control
methods such as retention or detention,the construction of off-site drainage improvements,or drainage
impact fees in order to mitigate the impacts of the proposed subdivision.
(Ord. No.2887, § 1,6-12-2006)
Sec. 110-449. Improvement of adjacent and abutting existing streets and utilities.
In the case of existing adjacent or abutting roads,the city may require that the entire right-of-way be
dedicated and/or improved to the city's design standards, based upon factors including the impact of the proposed
subdivision on the road,safety to the traveling public,conditions and life expectancy of the road,the impact of the
proposed subdivision on other roads,the timing of this development in relation to need for improving the road,
the impact of the traffic on the road and city's roadway system as a whole.
(Ord. No.2887, § 1,6-12-2006)
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Sec. 110-450. Timing of dedication and construction.
(a) The city shall require an initial demonstration that a proposed subdivision shall be adequately served by
public facilities and services at the time for approval of the first development application that portrays a
specific plan of development, including but not limited to a petition for establishing a planned development
zoning district,or other overlay zoning district; or a developer's agreement; or an application for a
preliminary or final plat.
(b) The obligation to dedicate rights-of-way and/or to construct one or more public works improvements to
serve a new subdivision may be deferred until approval of a subsequent phase of the subdivision,at the sole
discretion of the city's engineer, upon written request of the property owner,or at the city's own initiative.
As a condition of deferring the obligation,the city may require that the subdivider include provisions in the
developer's agreement,specifying the time for dedication of rights-of-way for and/or construction of public
works improvements serving the subdivision.
(Ord. No.2887, § 1,6-12-2006)
Sec. 110-451. Proportionality determination by city's engineer.
(a) Prior to a decision by the planning and zoning commission on a preliminary plat application,or if no
preliminary plat application is required,on a final plat application,or any other application for which an
exaction requirement is a condition of approval,the city's engineer shall prepare a written statement
affirming that each exaction requirement to be imposed as a condition of approval is roughly proportionate
to the demand created by the subdivision or development on the applicable public facilities system of the
city,taking into consideration the nature and extent of the development proposed. In making this
determination,the city's engineer may consider the following:
(1) Categorical findings of the North Central Texas Council of Governments in developing standard
specifications for public infrastructure improvements;
(2) The proposed and potential use of the land;
(3) The timing and sequence of development in relation to availability of adequate levels of public facilities
systems;
(4) Impact fee studies,traffic impact studies,drainage studies or other studies that measure the demand
for services created by developments and the impact on the city's public facilities system;
(5) The function of the public infrastructure improvements in serving the proposed subdivision or
development;
(6) The degree to which public infrastructure improvements necessary to serve the proposed subdivision
are supplied by other developments;
(7) The anticipated participation by the city in the costs of necessary public infrastructure improvements;
(8) The degree to which acceptable private infrastructure improvements to be constructed and
maintained by the applicant will offset the need for public infrastructure improvements;
(9) Any reimbursements for the costs of public infrastructure improvements for which the proposed
subdivision is eligible;and/or
(10) Any other information relating to the impacts created by the proposed subdivision or development on
the city's public facilities systems.
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(b) Based upon the proportionality determination,the city's engineer shall affirm that the exaction requirements
of the subdivision ordinance,or other ordinance requiring the permit,as applied to the proposed subdivision
or development,do not impose costs on the applicant for public infrastructure improvements that exceed
those roughly proportionate to the impact of the proposed subdivision or development.
(c) The city's engineer may require that the applicant,at its expense,submit any information or studies that may
assist in making the proportionality determination.
(Ord. No.2887, § 1,6-12-2006)
Sec. 110-452. Definitions.
For purposes of this article,the following terms have the following definitions:
City's engineer:An engineer employed within the city's public works department and licensed by the State of
Texas.Such engineer is referred to in this article as the"city's engineer."
Exaction requirement:A requirement imposed as a condition for approval of a plat, preliminary plat, building
permit, planned development district or other development application to:
(1) Dedicate an interest in land for a public infrastructure improvement;
(2) Construct a public infrastructure improvement;or
(3) Pay a fee in lieu of constructing a public infrastructure improvement.
Public facilities system:With respect to water,wastewater, roadway,drainage or parks,the facilities owned
or operated by or on behalf of the city to provide services to the public, including existing and new developments
and subdivisions.
Public infrastructure improvement:A water,wastewater, roadway,drainage or park facility that is a part of
one or more of the city's public facilities systems.
(Ord. No.2887, § 1,6-12-2006)
Sec. 110-453. Rough proportionality determination of planning and zoning commission and
city council.
(a) The planning and zoning commission and city council shall consider the city's engineer's report concerning
the proportionality of the exaction requirements in making a decision on a plat application.The commission
and the city council may consider the city's engineer's report in granting a variance to the requirements of
the subdivision ordinance.
(b) The city official responsible for issuing a permit for which an exaction requirement is imposed as a condition
of approval shall consider the city's engineer's report concerning the proportionality of the exaction
requirements in making its decision as to whether to grant the permit.
(Ord. No.2887, § 1,6-12-2006)
Sec. 110-454. Rough proportionality appeal.
(a) An applicant for a preliminary or final plat or for a permit which imposes an exaction requirement as a
condition of approval may file an appeal to contest any exaction requirement,other than impact fees,
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imposed as a condition of approval or in which the failure to comply is grounds for denying the plat
application pursuant to the subdivision ordinance.
(b) The purpose of a proportionality appeal is to assure that an exaction requirement imposed on a proposed
plat or development as a condition of approval does not result in a disproportionate cost burden on the
applicant,taking into consideration the nature and extent of the demands created by the proposed
subdivision or development on the city's public facilities systems.
(Ord. No.2887, § 1,6-12-2006)
Sec. 110-455. Appeals procedure.
(a) An applicant for a preliminary or final plat or an applicant seeking approval for any other permit or zoning for
which an exaction requirement is imposed shall file a written appeal with the city secretary within ten days
of the date the planning and zoning commission or the city official responsible for issuing the permit takes
action applying the exaction requirement.This may include denial of the permit or plat.The applicant shall
submit 15 copies of the appeal.
(b) A separate appeal form shall be submitted for each exaction requirement for which relief is sought.The city
secretary shall forward the appeal to the city council for consideration.
(c) The applicant may request postponement of consideration of the applicant's plat application by the city
council pending preparation of the study required by subsection (f), in which case the applicant shall also
waive the statutory period for acting upon a plat for the time necessary for the city council to decide the
appeal.
(d) No developer's agreement may be executed by the city until the time for appeal has expired or, if an appeal
is filed, until the city council has made a determination with respect to the appeal.
(e) The appeal shall state the reasons that application of the exaction requirement is not roughly proportional to
the nature and extent of the impact created by the proposed subdivision or development on the city's public
facilities systems and does not reasonably benefit the proposed subdivision or development.
(f) The appellant shall submit to the city's engineer 15 copies of a study in support of the appeal that includes,
with respect to each specific exaction requirement appealed,the following information within 30 days of the
date of appeal, unless a longer time is requested:
(1) Total capacity of the city's water,wastewater, roadway,drainage,or park system,as applicable,to be
utilized by the proposed subdivision or development,employing standard measures of capacity and
equivalency tables relating the type of development proposed to the quantity of system capacity to be
consumed by the subdivision. If the proposed subdivision is to be developed in phases,such
information also shall be provided for the entire development, including any phases already developed;
(2) Total capacity to be supplied to the city's public facilities systems for water,wastewater, roadway,
drainage or parks,as applicable, by the exaction requirement.This information shall include any
capacity supplied by prior exaction requirements imposed on the development;
(3) Comparison of the capacity of the applicable city public facilities systems to be consumed by the
proposed subdivision or development with the capacity to be supplied to such systems by the
proposed exaction requirement. In making this comparison,the impacts on the city's public facilities
systems from the entire subdivision or development shall be considered;
(4) The amount of any city participation in the costs of oversizing the public infrastructure improvements
to be constructed by the applicant in accordance with the city's requirements;
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(5) Comparison of the minimum size and capacity required by city standards for the applicable public
facilities systems to be utilized by the proposed subdivision or development with the size and capacity
to be supplied by the proposed exaction requirement; and
(6) Any other information that shows the alleged disproportionality between the impacts created by the
proposed development and the exaction requirement imposed by the city.
(g) The city's engineer shall evaluate the appeal and supporting study and shall make a recommendation to the
city council based upon the city's engineer's analysis of the information contained in the study and utilizing
the same factors considered by the engineer in making the original proportionality determination.
(Ord. No.2887, § 1,6-12-2006)
Sec. 110-456. City council decision.
(a) The city council shall decide the appeal within 30 days of the date of final submission of any evidence by the
applicant. Upon receipt of the final submission of evidence from the applicant,the city secretary shall
schedule a time and date for the city council to consider the appeal and shall cause the applicant to be
notified at the address specified in the appeal form of the time,date and location at which the city council
shall consider the appeal.
(b) The applicant shall be allotted time, not to exceed 30 minutes,to present testimony at the city council
meeting.The council shall base its decision on the criteria listed in subsections 110-457(a)and 110-461(f)
and may:
(1) Deny the appeal and impose the exaction requirement in accordance with the city's engineer's
recommendation or the planning and zoning commission's decision on the plat or other development
application; or
(2) Grant the appeal,and waive in whole or in part an exaction requirement to the extent necessary to
achieve proportionality;or
(3) Grant the appeal,and direct that the city participate in the costs of acquiring land for or constructing
the public infrastructure improvement.
(c) In deciding an appeal,the city council shall determine whether application of the exaction requirement is
roughly proportional to the nature and extent of the impact created by the proposed subdivision on the
city's public facilities systems for water,wastewater, roadway,drainage,or park facilities,as applicable,and
reasonably benefits the subdivision. In making such determination,the council shall consider:
(1) The evidence submitted by the applicant;
(2) The city's engineer's report and recommendation,considering in particular the factors identified in
subsections 110-457(a)and 110-461(f); and
(3) If the property is located within the city's extraterritorial jurisdiction,any recommendations from the
county.
(d) The city council may require the applicant or the city's engineer to submit additional information that it
deems relevant in making its decision.
(Ord. No.2887, § 1,6-12-2006)
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Sec. 110-457. Action following decision of city council.
(a) If the city council finds in favor of the applicant and waives the exaction requirement as a condition of plat
approval,or modifies the exaction requirement to the extent necessary to achieve rough proportionality,the
applicant shall resubmit the plat application to the planning and zoning commission or city official
responsible for issuing the permit within 30 days of the date the city council takes action,with any
modifications necessary to conform the plat with the city council's decision.The applicant shall not be
deemed to have prevailed in the event that the city council modifies the exaction requirement.
(b) If the city council finds in favor of an applicant for any other permit and waives the exaction requirement as a
condition of permit approval,or modifies the exaction requirement to the extent necessary to achieve rough
proportionality,the applicant shall resubmit the permit application to the responsible official within 30 days
of the date the city council takes action,with any modifications necessary to conform the application with
the city council's decision. Failure to day so will result in the expiration of any relief granted by the city
council.
(c) If the city council denies the appeal and the applicant has executed a waiver of the statutory period for
acting upon a plat,the city shall place the plat application on the agenda of the planning and zoning
commission within 30 days of the city council's decision.
(d) If the rough proportionality appeal was submitted appealing the imposition of an exaction requirement for a
plat application,and city council grants relief to an applicant but the applicant fails to conform the plat to the
city council's decision within the 30-day period provided,the relief granted by the city council on the appeal
shall expire.
(e) If the plat application is modified to increase the number of residential dwelling units or the intensity of
nonresidential uses,the city manager or city's engineer may require a new study to validate the relief
granted by the city council.
(f) If the plat application for which relief was granted is denied on other grounds,a new appeal shall be required
on any subsequent application.
(Ord. No.2887, § 1,6-12-2006)
Sec. 110-458. Appeal of city council decision.
An applicant may appeal the decision of the city council to the county or district court of the county in which
the development is located within 30 days of the date that the council issues its final decision. In the event that the
applicant prevails in such action,the applicant will be entitled to attorneys'fees and costs, including expert witness
fees.
(Ord. No.2887, § 1,6-12-2006)
Sec. 110-459. Miscellaneous.
(a) This article shall be cumulative of all provisions of ordinances of the City of North Richland Hills,Texas,
except where the provisions of this article are in direct conflict with the provisions of such ordinances, in
which event the conflicting provisions of such ordinances are hereby repealed to the extent of such conflict.
(b) It is hereby declared to be the intention of the city council that the phrases,clauses,sentences, paragraphs
and sections of this article are severable,and if any phrase,clause,sentence, paragraph or section of this
article shall be declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction,such unconstitutionality shall not affect any of the remaining phrases,clauses,sentences,
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paragraphs and sections of this article,since the same would have been enacted by the city council without
the incorporation in this article of any such unconstitutional phrase,clause,sentence, paragraph or section.
(c) All rights and remedies of the city are expressly saved as to any and all violations of the provisions of chapter
110 of the Code of Ordinances,or any other ordinances affecting subdivision regulations which have accrued
at the time of the effective date of this article;and,as to such accrued violations and all pending litigation,
both civil and criminal,whether pending in court or not, under such ordinances,same shall not be affected
by this article but may be prosecuted until final disposition by the courts.
(d) This article shall be in full force and effect from and after its passage.
(Ord. No.2887, § 1,6-12-2006)
Secs. 110-460-110-519. Reserved.
ARTICLE XIX. IMPACT FEES
Sec. 110-520. In general; purpose; policy.
This article is adopted pursuant to the provisions of Chapter 395,Texas Local Government Code,as well as
under the authority of Article 11,Section 5 of the Texas Constitution.This article implements a policy of the city to
impose fees upon each new development project to pay the costs of constructing capital improvements and
facility expansions necessary to serve new development.
(Ord. No.3090, §3,3-8-2010)
Sec. 110-521. Definitions.
For the purposes of this article,the following definitions shall apply:
Assessment:The determination of the amount of the maximum impact fee per service unit which can be
imposed on new development pursuant to this article.
Building permit:Written permission issued by the city for the construction, repair,alteration or addition of a
structure associated with an increase of one or more service units.
Capital improvement:Water supply,treatment and distribution facilities,and wastewater collection and
treatment facilities that have a life expectancy of five or more years and are owned and operated by or on behalf
of the city.
Capital improvements advisory committee:The city's planning and zoning commission.
Capital improvements plan:A plan contemplated by this article that identifies capital improvements or
facility expansions for which impact fees may be assessed.
City:The City of North Richland Hills,Texas.
Credit:The amount of the reduction of an impact fee for fees, payments or charges for or construction of the
same type of facility.
Facility expansion:The expansion of the capacity of an existing facility that serves the same function as an
otherwise necessary new capital improvement, in order that the existing facility may serve new development.The
term does not include the repair, maintenance, modernization,or expansion of an existing facility to better serve
existing development.
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Final plat approval or approval of a final plat:The point at which the applicant has complied with all
conditions of approval and the plat has been released for filing with the county clerk.
Fort Worth access fee.The fee imposed upon the City of North Richland Hills by the City of Fort Worth for
providing water and/or sanitary sewer service to new development contained within the incorporated city limits
and to which service is provided either directly or indirectly by the City of Fort Worth water and/or sanitary sewer
system(s)
Impact fee:A charge or assessment imposed as set forth in this article against new development in order to
generate revenue for funding or recouping the costs of capital improvements or facility expansions necessitated by
and attributable to the new development.The term includes amortized charges, lump-sum charges,capital
recovery fees,contributions in aid of construction,and any other fee that functions as described by this definition.
The term does not include:
(1) Dedication of land for public parks or payment in lieu of the dedication to serve park needs;
(2) Dedication of rights-of-way or easements or construction or dedication of on-site or off-site water
distribution,wastewater collection or drainage facilities,or streets,sidewalks,or curbs if the dedication
or construction is required by a valid ordinance and is necessitated by and attributable to the new
development;
(3) Lot or acreage fees to be placed in trust funds for the purpose of reimbursing developers for oversizing
or constructing water or sewer mains or lines;or
(4) Other pro rata fees for reimbursement of water or sewer mains or lines extended by the political
subdivision.
However,an item included in the capital improvements plan may not be required to be constructed except in
accordance with Section 395.019(2),Texas Local Government Code,and an owner may not be required to
construct or dedicate facilities and to pay impact fees for those facilities.
Land use assumptions:A description of the service area and projections of changes in land uses,densities,
intensities,and population in the service area over at least a ten-year period which has been adopted by the city
and upon which the capital improvements plan is based.
Meter equivalent:The flow capacity of a water meter compared to the base three-fourths-inch meter.The
water meter equivalents shown on Conversion Table 2 and in the Impact Fees Capital Improvements Plan serves as
the standardized measure of use or generation attributable to the new unit of development.
New development:The subdivision of land;the construction, reconstruction, redevelopment,conversion,
structural alteration, relocation,or enlargement of a structure; or any use or extension of the use of land; any of
which increases the number of service units.
Offsite: Located entirely on property which is not included within the bounds of the plat being considered for
impact fee assessment.
Onsite: Located at least partially on the plat which is being considered for impact fee assessment.
Service area:The entire area within the corporate limits of the city to be served by the capital improvements
and facilities expansions specified in the capital improvements plan.
Service unit:The three-fourths-inch water meter equivalent as shown on Conversion Table 2 attached hereto
and in Appendix A as Table 3.5 in the Impact Fees Capital Improvements Plan which serves as the standardized
measure of use or generation attributable to the new unit of development based on historical data and trends
applicable to the city during the previous ten years.
Wastewater facility:An improvement for providing wastewater collection and treatment, including, but not
limited to, land or easements,treatment facilities, lift stations,or interceptor mains.Wastewater facility excludes
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sanitary sewer lines or mains which are constructed by developers,the costs of which are reimbursed from pro
rata charges paid by developers or owners of property in other subdivisions as a condition of connection to or use
of such facility.
Water facility:An improvement for providing water supply,treatment and distribution service, including, but
not limited to, land or easements,water treatment facilities,water supply facilities or water distribution lines.
Water facility excludes water lines or mains which are constructed by developers,the costs of which are
reimbursed from pro rata charges paid by developers or owners of property in other subdivisions as a condition of
connection to or use of such facility.
(Ord. No.3090, §3,3-8-2010)
Sec. 110-522. Capital improvements advisory committee.
(a) The capital improvements advisory committee shall consist of the city planning and zoning commission. If the
commission does not include at least one representative of the real estate,development or building industry
who is not an employee or official of a political subdivision or governmental entity,the city council shall
appoint at least one such representative as an ad hoc voting member of the advisory committee.
(b) The capital improvements advisory committee serves in an advisory capacity and is established to:
(1) Advise and assist the adoption of land use assumptions;
(2) Review the capital improvements plan and file written comments;
(3) Monitor and evaluate implementation of the capital improvements plan;
(4) File semi-annual reports with respect to the progress of the capital improvements plan and report to
the city council any perceived inequities in implementing the plan or imposing the impact fee; and
(5) Advise the city staff and council of the need to update or revise the land use assumptions,capital
improvements plan and impact fee.
(c) All professional reports concerning the development and implementation of the capital improvements plan
shall be made available to the advisory committee.
(d) The capital improvements advisory committee shall elect a chairperson to preside at its meetings and a vice-
chairperson to serve in his absence.All meetings of the committee shall be open to the public and posted at
least 72 hours in advance. Robert's Rules shall, insofar as applicable,govern the conduct of the committee's
business.A majority of the membership of the committee shall constitute a quorum.
(Ord. No.3090, §3,3-8-2010)
Sec. 110-523. Periodic updates required.
The land use assumptions and capital improvements plan upon which impact fees are based shall be updated
at least every five years, beginning with the next such update to be on or before March 7,2015.Alternatively,the
city council may, pursuant to the provisions of Section 395.0575 of the Local Government Code make a
determination that no such update is required.
(Ord. No.3090, §3,3-8-2010)
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Sec. 110.524. Adoption of updated land use assumptions, capital improvements plan and
impact fees; impact fee required.
(a) The 2010 land use assumptions,capital improvements plan and impact fees proposed by staff and on file in
the office of the city secretary along with the tables referred to herein are hereby adopted.
(b) No building permit shall be granted to new construction of any property, nor shall any original water or
sewer service connection be made unless or service commenced unless and until impact fees required by
this article are assessed and collected or a contract providing for payment as approved by the city entered
into.
(Ord. No.3090, §3,3-8-2010)
Sec. 110-525. Assessment of impact fees.
(a) Assessment of the impact fee per service unit shall occur as set forth in section 110-526.
(b) Additional impact fees or increases in fees shall not be assessed unless the number of service units to be
developed on the tract increases.Should the service units be increased, impact fees shall be increased in an
amount equal to the current impact fee per service unit multiplied by the difference in number of service
units.
(Ord. No.3090, §3,3-8-2010)
Sec. 110-526. Collection of impact fees.
(a) At the time building permits are requested (or, if property is to be connected to mains without such permits,
at the time connection to mains is requested),the number of service units shall be determined from the
number of residential meters using, if necessary,the meter equivalency Table 2,Appendix A,chapter 110,
subdivisions.
(b) The amount of the impact fee due shall be determined by multiplying the number of service units times the
amounts of the impact fees together with the applicable Fort Worth access fee for water and wastewater
contained in Table 1 in Appendix A,chapter 110,subdivisions.
(c) The impact fee due shall be collected at the time a building permit is issued or, if connection is to occur
without a permit, prior to connection to the city main.
(d) The determination of impact fees shall be reduced by any allowable credits for the category of capital
improvements as provided by section 110-527.
(e) The owner of property for which there is a recorded plat may enter into a written agreement with the city
providing for the time and method of payment of impact fees,which agreement shall prevail over any
contrary provision of this article.
(f) Impact fees may be assessed,but not collected,for property where service is not available unless:
(1) The city commits to commence construction of necessary facilities identified in the capital
improvements plan within two years and have service available in a reasonable time not exceeding five
years;
(2) The city agrees in writing to permit the owner of the property to construct or finance the required
capital improvement or facility expansion and agrees that the costs incurred or funds advanced will
either:
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a. Be credited against the impact fees otherwise due from the new development;
b. Reimburse the owner for such costs from impact fees paid from other new developments that
will use such capital improvements or facility expansions in which case fees shall be reimbursed
to the owner at the time collected;or
C. The owner voluntarily requests that the city reserve capacity to serve future development and
the city,and the owner enter into a valid written agreement.
(Ord. No.3090, §3,3-8-2010)
Sec. 110-527. Credits.
(a) Any construction of,contributions to,or dedications of any facility appearing on the capital improvements
plan which is required to be constructed by the owner as a condition of development shall be credited
against the impact fees otherwise due for the same category of impact fees otherwise due from the
development.
(b) The amount of each credit for required construction of a facility on the capital improvements plan shall be
calculated by multiplying 50 percent by the number indicated in the column titled "10-Year(2009-2019)"of
Table 3-3 of Exhibit B for water infrastructure projects and the column titled "10-Year(2009-2019)" of Table
3-4 of Exhibit B for wastewater infrastructure projects.
(c) As an alternative to the foregoing,the city and the owner may enter into an agreement providing that in
addition to the credit,the owner will be reimbursed for all or a portion of the costs of such facilities from pro
rata charges collected from others who connect to such facilities and from impact fees as received from
other new developments that will use such capital improvements or facility expansions. Pro rata charges paid
shall be credited against impact fees in the same manner as expenditures for facilities constructed as set
forth in subsection (b) hereinabove above.
(d) An owner shall be entitled to a credit against any category of impact fee as provided in any written
agreement between the city and the owner.
(e) No credit for construction of any facility shall exceed the total amount of impact fees due from the
development for the same category of improvements.
(Ord. No.3090, §3,3-8-2010)
Sec. 110-528. Expenditure and accounting for fees and interest.
(a) All impact fees collected shall be deposited in interest bearing accounts clearly identifying the category of
capital improvements or facility expansions within the service area for which the fee is adopted.
(b) Interest earned shall be credited to the account and shall be subject to the same restrictions on expenditures
as the funds generating such interest.
(c) Impact fees and the interest earned thereon may be spent only for the purposes for which such fee was
imposed as shown in the capital improvements plan.
(d) The records of the accounts into which impact fees are deposited shall be open for public inspection and
copying during ordinary business hours.
(Ord. No.3090, §3,3-8-2010)
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Sec. 110-529. Refunds.
(a) On the request of an owner of the property on which an impact fee has been paid, impact fees shall be
refunded if existing facilities are available and service is denied or if the city failed to commence construction
of facilities required for service within two years of payment of the fee or if such construction is not
completed within a reasonable time, but not in any event in more than five years from the date of payment
of the fee.
(b) Any impact fee funds not expended within ten years after payment shall be refunded.
(c) Refunds shall bear interest calculated from the date of collection to the date of refund at the statutory rate
set forth in Section 302.002,Texas Finance Code.
(d) All refunds shall be made to the record owner of the property at the time the refund is paid. However, if the
impact fees were paid by another political subdivision or governmental entity, payment shall be made to the
political subdivision or governmental entity.
(e) The owner of the property on which an impact fee has been paid or another political subdivision or
governmental entity that paid the impact fee has standing to sue for a refund under this section.
(Ord. No.3090, §3,3-8-2010)
Sec. 110-530. Certification of compliance required.
(a) Each year the city imposes an impact fee it shall submit a written certification verifying compliance with this
chapter to the attorney general each year not later than the last day of the city's fiscal year.
(b) The certification must be signed by the mayor of the city and include a statement that reads substantially
similar to the following:This statement certifies compliance with V.T.C.A., Local Government Code chapter
395.
(c) In the event the city fails to submit a certification as required by this section, it is liable to the state for a civil
penalty in an amount equal to ten percent of the amount of the impact fees erroneously charged.The
attorney general shall collect the civil penalty and deposit the amount collected to the credit of the housing
trust fund.
(Ord. No.3090, §3,3-8-2010)
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LOCAL GOVERNMENT CODE
TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND
RELATED ACTIVITIES
SUBTITLE A. MUNICIPAL REGULATORY AUTHORITY
CHAPTER 212. MUNICIPAL REGULATION OF SUBDIVISIONS AND PROPERTY
DEVELOPMENT
SUBCHAPTER A. REGULATION OF SUBDIVISIONS
Sec. 212.001. DEFINITIONS. In this subchapter:
(1) "Extraterritorial jurisdiction" means a
municipality's extraterritorial jurisdiction as determined under
Chapter 42, except that for a municipality that has a population of
5,000 or more and is located in a county bordering the Rio Grande
River, "extraterritorial jurisdiction" means the area outside the
municipal limits but within five miles of those limits.
(2) "Plat" includes a preliminary plat, final plat,
and replat.
Acts 1987, 70th Leg. , ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg. , ch. 1, Sec. 46(h) , eff.. Aug. 28, 1989.
Amended hy:
Acts 2019, 86th Leg. , R.S. , Ch. 951 (H.B. 3167) , Sec. 1, eff.
September 1, 2019.
Acts 2023, 88th Leg. , R.S. , Ch. 1125 (H.B. 3699) , Sec. 1, eff..
September 1, 2023.
Sec. 212.0015. CONSTRUCTION OF SUBCHAPTER. This
subchapter may not he construed to restrict a municipality from
establishing a submittal calendar to he used by an applicant to
facilitate compliance with the approval process described by
Sections 212.009, 212.0091, 212.0093, and 212.0095.
Added by Acts 2023, 88th Leg. , R.S. , Ch. 1125 (H.B. 3699) , Sec. 2,
eff. September 1, 2023.
Sec. 212.002. RULES. After a public hearing on the matter,
the governing body of a municipality may adopt rules governing
plats and subdivisions of land within the municipality's
1
jurisdiction to promote the health, safety, morals, or general
welfare of the municipality and the safe, orderly, and healthful
development of the municipality.
Acts 1987, 70th Leg. , ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 212.0021. SUBDIVISION REQUIREMENTS. The governing
body of a municipality, by ordinance and after notice is published
in a newspaper of general circulation in the municipality, may:
(1) adopt, based on the amount and kind of travel over
each street or road in a subdivision, reasonable specifications
relating to the construction of each street or road; and
(2) adopt reasonable specifications to provide
adequate drainage for each street or road in a subdivision in
accordance with standard engineering practices.
Added by Acts 2023, 88th Leg. , R.S. , Ch. 1125 (H.B. 3699) , Sec. 3,
eff. September 1, 2023.
Sec. 212.0025. CHAPTER-WIDE PROVISION RELATING TO
REGULATION OF PLATS AND SUBDIVISIONS IN EXTRATERRITORIAL
JURISDICTION. The authority of a municipality under this chapter
relating to the regulation of plats or subdivisions in the
municipality's extraterritorial jurisdiction is subject to any
applicable limitation prescribed by an agreement under Section
242.001.
Added by Acts 2003, 78th Leg. , ch. 523, Sec. 6, eff. June 20, 2003.
Sec. 212.003. EXTENSION OF RULES TO EXTRATERRITORIAL
JURISDICTION. (a) The governing body of a municipality by
ordinance may extend to the extraterritorial jurisdiction of the
municipality the application of municipal ordinances adopted under
Section 212.002 and other municipal ordinances relating to access
to public roads or the pumping, extraction, and use of groundwater
by persons other than retail public utilities, as defined by
Section 13.002, Water Code, for the purpose of preventing the use or
contact with groundwater that presents an actual or potential
threat to human health. However, unless otherwise authorized by
state law, in its extraterritorial jurisdiction a municipality
2
shall not regulate:
(1) the use of any building or property for business,
industrial, residential, or other purposes;
(2) the hulk, height, or number of buildings
constructed on a particular tract of land;
(3) the size of a building that can he constructed on a
particular tract of land, including without limitation any
restriction on the ratio of building floor space to the land square
footage;
(4) the number of residential units that can he built
per acre of land; or
(5) the size, type, or method of construction of a
water or wastewater facility that can he constructed to serve a
developed tract of land if:
(A) the facility meets the minimum standards
established for water or wastewater facilities by state and federal
regulatory entities; and
(B) the developed tract of land is:
(i) located in a county with a population of
2.8 million or more; and
(ii) served hy:
(a) on-site septic systems
constructed before September 1, 2001, that fail to provide adequate
services; or
(h) on-site water wells constructed
before September 1, 2001, that fail to provide an adequate supply of
safe drinking water.
(h) A fine or criminal penalty prescribed by the ordinance
does not apply to a violation in the extraterritorial jurisdiction.
(c) The municipality is entitled to appropriate injunctive
relief in district court to enjoin a violation of municipal
ordinances or codes applicable in the extraterritorial
jurisdiction.
Acts 1987, 70th Leg. , ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
hyActs 1989, 71st Leg. , ch. 1, Sec. 46(h) , eff. Aug. 28, 1989; Acts
1989, 71st Leg. , ch. 822, Sec. 6, eff. Sept. 1, 1989; Acts 2001,
77th Leg. , ch. 68, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg. ,
3
ch. 731, Sec. 3, eff. Sept. 1, 2003.
Sec. 212.004. PLAT REQUIRED. (a) The owner of a tract of
land located within the limits or in the extraterritorial
jurisdiction of a municipality who divides the tract in two or more
parts to lay out a subdivision of the tract, including an addition
to a municipality, to lay out suburban, building, or other lots, or
to lay out streets, alleys, squares, parks, or other parts of the
tract intended by the owner of the tract to he dedicated to public
use must have a plat of the subdivision prepared. A division of a
tract under this subsection includes a division regardless of
whether it is made by using a metes and hounds description in a deed
of conveyance or in a contract for a deed, by using a contract of
sale or other executory contract to convey, or by using any other
method. A division of land under this subsection does not include
a division of land into parts greater than five acres, where each
part has access and no public improvement is being dedicated.
(h) To he recorded, the plat must:
(1) describe the subdivision by metes and hounds;
(2) locate the subdivision with respect to a corner of
the survey or tract or an original corner of the original survey of
which it is a part; and
(3) state the dimensions of the subdivision and of
each street, alley, square, park, or other part of the tract
intended by the owner of the tract to he dedicated to public use.
(c) The owner or proprietor of the tract or the owner's or
proprietor's agent must acknowledge the plat in the manner required
for the acknowledgment of deeds.
(d) The plat must he filed and recorded with the county
clerk of the county in which the tract is located.
(e) The plat is subject to the filing and recording
provisions of Section 12.002, Property Code.
(f) A plat is considered filed on the date the applicant
submits the plat, along with a completed plat application and the
application fees and other requirements prescribed by or under this
subchapter, to:
(1) the governing body of the municipality; or
4
(2) the municipal authority responsible for approving
plats.
(g) The governing body of a municipality or the municipal
authority responsible for approving plats may not require an
analysis, study, document, agreement, or similar requirement to he
included in or as part of an application for a plat, development
permit, or subdivision of land that is not explicitly allowed by
state law.
Acts 1987, 70th Leg. , ch. 149, Sec. I, eff. Sept. I, 1987. Amended
hyActs 1989, 71st Leg. , ch. I, Sec. 46(h) , eff. Aug. 28, 1989; Acts
1989, 71st Leg. , ch. 624, Sec. 3.02, eff. Sept. I, 1989; Acts 1993,
73rd Leg. , ch. I046, Sec. I, eff. Aug. 30, 1993.
Amended hy:
Acts 2023, 88th Leg. , R.S. , Ch. 1125 (H.B. 3699) , Sec. 4, eff.
September I, 2023.
Sec. 2I2.0045. EXCEPTION TO PLAT REQUIREMENT: MUNICIPAL
DETERMINATION. (a) To determine whether specific divisions of
land are required to he platted, a municipality may define and
classify the divisions. A municipality need not require platting
for every division of land otherwise within the scope of this
subchapter.
(h) In lieu of a plat contemplated by this subchapter, a
municipality may require the filing of a development plat under
Subchapter B if that subchapter applies to the municipality.
Added by Acts 1989, 71st Leg. , ch. I, Sec. 46(h) , eff. Aug. 28,
1989.
Sec. 2I2.0046. EXCEPTION TO PLAT REQUIREMENT: CERTAIN
PROPERTY ABUTTING AIRCRAFT RUNWAY. An owner of a tract of land is
not required to prepare a plat if the land:
(I) is located wholly within a municipality with a
population of 5,000 or less;
(2) is divided into parts larger than 2-I/2 acres; and
(3) abuts any part of an aircraft runway.
Added by Acts 1989, 71st Leg. , ch. I, Sec. 46(h) , eff. Aug. 28,
1989.
5
Sec. 212.005. APPROVAL BY MUNICIPALITY REQUIRED. (a) The
municipal authority responsible for approving plats must approve a
plat or replat that is required to he prepared under this subchapter
and that satisfies the requirements of this subchapter.
(h) This subchapter may not he construed to convey any
authority to a municipality regarding the completeness of an
application or the approval of a plat or replat that is not
explicitly granted by this subchapter.
Acts 1987, 70th Leg. , ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
hyActs 1989, 71st Leg. , ch. 1, Sec. 46(h) , eff. Aug. 28, 1989; Acts
1993, 73rd Leg. , ch. 1046, Sec. 2, eff. Aug. 30, 1993.
Amended hy:
Acts 2023, 88th Leg. , R.S. , Ch. 1125 (H.B. 3699) , Sec. 5, eff..
September 1, 2023.
Sec. 212.006. AUTHORITY RESPONSIBLE FOR APPROVAL
GENERALLY. (a) The municipal authority responsible for approving
plats under this subchapter is the municipal planning commission
or, if the municipality has no planning commission, the governing
body of the municipality. The governing body by ordinance may
require the approval of the governing body in addition to that of
the municipal planning commission.
(h) In a municipality with a population of more than 1.5
million, at least two members of the municipal planning commission,
but not more than 25 percent of the membership of the commission,
must he residents of the area outside the limits of the municipality
and in which the municipality exercises its authority to approve
subdivision plats.
Acts 1987, 70th Leg. , ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg. , ch. 1, Sec. 46(h) , eff.. Aug. 28, 1989.
Sec. 212.0065. DELEGATION OF APPROVAL RESPONSIBILITY.
(a) The governing body of a municipality or the municipal
planning commission may delegate to one or more officers or
employees of the municipality or of a utility owned or operated by
the municipality the ability to approve, approve with conditions,
6
or disapprove a plat.
(b) The designated person or persons may, for any reason,
elect to present the plat for approval to the municipal authority
responsible for approving plats.
(c) An applicant has the right to appeal to the governing
body of the municipality or the municipal planning commission if
the designated person disapproves a plat.
Added by Acts 1989, 71st Leg. , ch. 345, Sec. 1, eff. Aug. 28, 1989.
Amended by Acts 1995, 74th Leg. , ch. 92, Sec. 1, eff. Aug. 28, 1995;
Acts 1997, 75th Leg. , ch. 566, Sec. 1, eff. June 2, 1997; Acts 1999,
76th Leg. , ch. 1130, Sec. 2, eff. June 18, 1999; Acts 2001, 77th
Leg. , ch. 402, Sec. 13, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg. , R.S. Ch. 316 (H.B. 2281) , Sec. 1, eff.
June 15, 2007.
Acts 2023, 88th Leg. , R.S. , Ch. 1125 (H.B. 3699) , Sec. 6, eff.
September 1, 2023.
Sec. 212.007. AUTHORITY RESPONSIBLE FOR APPROVAL: TRACT IN
EXTRATERRITORIAL JURISDICTION OF MORE THAN ONE MUNICIPALITY. (a)
For a tract located in the extraterritorial jurisdiction of more
than one municipality, the authority responsible for approving a
plat under this subchapter is the authority in the municipality
with the largest population that under Section 212.006 has approval
responsibility. The governing body of that municipality may enter
into an agreement with any other affected municipality or with any
other municipality having area that, if unincorporated, would be in
the extraterritorial jurisdiction of the governing body's
municipality delegating to the other municipality the
responsibility for plat approval within specified parts of the
affected area.
(b) Either party to an agreement under Subsection (a) may
revoke the agreement after 20 years have elapsed after the date of
the agreement unless the parties agree to a shorter period.
(c) A copy of the agreement shall be filed with the county
clerk.
Acts 1987, 70th Leg. , ch. 149, Sec. 1, eff. Sept. 1, 1987.
7
Sec. 212.008. APPLICATION FOR APPROVAL. A person desiring
approval of a plat must apply to and file a copy of the plat with the
municipal planning commission or, if the municipality has no
planning commission, the governing body of the municipality.
Acts 1987, 70th Leg. , ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 212.0081. REQUIRED APPLICATION MATERIALS. (a) Each
municipality to which this subchapter applies shall adopt and make
available to the public a complete, written list of all
documentation and other information that the municipality requires
to he submitted with a plat application. The required documentation
and other information must he related to a requirement authorized
under this subchapter.
(h) An application submitted to the municipal authority
responsible for approving plats that contains all documents and
other information on the list provided under Subsection (a) is
considered complete.
(c) A municipality that operates an Internet wehsite shall
publish and continuously maintain the list described by Subsection
(a) on the Internet wehsite not later than the 30th day after the
date the municipality adopts or amends the list.
(d) A municipality that does not operate an Internet wehsite
shall publish the list described by Subsection (a) on adoption of
the list or an amendment to the list in:
(1) a newspaper of general circulation in the
municipality; and
(2) a public place in the location in which the
governing body of the municipality meets.
Added by Acts 2023, 88th Leg. , R.S. , Ch. 1125 (H.B. 3699) , Sec. 7,
eff. September 1, 2023.
Sec. 212.0085. APPROVAL PROCEDURE: APPLICABILITY. The
approval procedures under this subchapter apply to a municipality
regardless of whether the municipality has entered into an
interlocal agreement, including an interlocal agreement between a
municipality and county under Section 242.001(d)
8
Added by Acts 2019, 86th Leg. , R.S. , Ch. 951 (H.B. 3167) , Sec. 2,
eff.. September 1, 2019.
Sec. 212.009. APPROVAL PROCEDURE: INITIAL APPROVAL.
(a) The municipal authority responsible for approving plats shall
approve, approve with conditions, or disapprove a plat within 30
days after the date the plat is filed. A plat is approved by the
municipal authority unless it is disapproved within that period and
in accordance with Section 212.0091.
(b) If an ordinance requires that a plat be approved by the
governing body of the municipality in addition to the planning
commission, the governing body shall approve, approve with
conditions, or disapprove the plat within 30 days after the date the
plat is approved by the planning commission or is approved by the
inaction of the commission. A plat is approved by the governing
body unless it is disapproved within that period and in accordance
with Section 212.0091.
(b-1) Notwithstanding Subsection (a) or (b) , if a
groundwater availability certification is required under Section
212.0101, the 30-day period described by those subsections begins
on the date the applicant submits the groundwater availability
certification to the municipal authority responsible for approving
plats or the governing body of the municipality, as applicable.
(b-2) Notwithstanding Subsection (a) or (b) , the parties
shall extend the 30-day period described by those subsections for
one or more periods, each not to exceed 30 days if:
(1) both:
(A) the applicant requests the extension in
writing to the municipal authority responsible for approving plats
or the governing body of the municipality, as applicable; and
(B) the municipal authority or governing body, as
applicable, approves the extension request; or
(2) Chapter 2007, Government Code, requires the
municipality to perform a takings impact assessment in connection
with the plan or plat.
(c) If a plat is approved, the municipal authority giving
the approval shall endorse the plat with a certificate indicating
9
the approval. The certificate must he signed hy:
(1) the authority's presiding officer and attested by
the authority's secretary; or
(2) a majority of the members of the authority.
(d) If the municipal authority responsible for approving
plats fails to approve, approve with conditions, or disapprove a
plat within the prescribed period, the authority on the applicant's
request shall issue a certificate stating the date the plat was
filed and that the authority failed to act on the plat within the
period. The certificate is effective in place of the endorsement
required by Subsection (c) .
(e) The municipal authority responsible for approving plats
shall maintain a record of each application made to the authority
and the authority's action taken on it. On request of an owner of an
affected tract, the authority shall certify the reasons for the
action taken on an application.
Acts 1987, 70th Leg. , ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended hy:
Acts 2019, 86th Leg. , R.S. , Ch. 951 (H.B. 3167) , Sec. 3, eff.
September 1, 2019.
Acts 2019, 86th Leg. , R.S. , Ch. 951 (H.B. 3167) , Sec. 4, eff.
September 1, 2019.
Acts 2023, 88th Leg. , R.S. , Ch. 1125 (H.B. 3699) , Sec. 8, eff..
September 1, 2023.
Sec. 212.0091. APPROVAL PROCEDURE: CONDITIONAL APPROVAL
OR DISAPPROVAL REQUIREMENTS. (a) A municipal authority or
governing body that conditionally approves or disapproves a plat
under this subchapter shall provide the applicant a written
statement of the conditions for the conditional approval or reasons
for disapproval that clearly articulates each specific condition
for the conditional approval or reason for disapproval.
(h) Each condition or reason specified in the written
statement:
(1) must:
(A) he directly related to the requirements under
this subchapter; and
10
(B) include a citation to the law, including a
statute or municipal ordinance, that is the basis for the
conditional approval or disapproval, if applicable; and
(2) may not he arbitrary.
Added by Acts 2019, 86th Leg. , R.S. , Ch. 951 (H.B. 3167) , Sec. 5,
eff.. September 1, 2019.
Amended hy:
Acts 2023, 88th Leg. , R.S. , Ch. 1125 (H.B. 3699) , Sec. 9, eff..
September 1, 2023.
Sec. 212.0093. APPROVAL PROCEDURE: APPLICANT RESPONSE TO
CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional
approval or disapproval of a plat under Section 212.0091, the
applicant may submit to the municipal authority or governing body
that conditionally approved or disapproved the plat a written
response that satisfies each condition for the conditional approval
or remedies each reason for disapproval provided. The municipal
authority or governing body may not establish a deadline for an
applicant to submit the response.
Added by Acts 2019, 86th Leg. , R.S. , Ch. 951 (H.B. 3167) , Sec. 5,
eff.. September 1, 2019.
Amended hy:
Acts 2023, 88th Leg. , R.S. , Ch. 1125 (H.B. 3699) , Sec. 10,
eff. September 1, 2023.
Sec. 212.0095. APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL
OF RESPONSE. (a) A municipal authority or governing body that
receives a response under Section 212.0093 shall determine whether
to approve or disapprove the applicant's previously conditionally
approved or disapproved plat not later than the 15th day after the
date the response was submitted.
(h) A municipal authority or governing body that
conditionally approves or disapproves a plat following the
submission of a response under Section 212.0093:
(1) must comply with Section 212.0091; and
(2) may disapprove the plat only for a specific
condition or reason provided to the applicant under Section
11
212.0091.
(c) A municipal authority or governing body that receives a
response under Section 212.0093 shall approve a previously
conditionally approved or disapproved plat if the response
adequately addresses each condition of the conditional approval or
each reason for the disapproval.
(d) A previously conditionally approved or disapproved plat
is approved if:
(1) the applicant filed a response that meets the
requirements of Subsection (c) ; and
(2) the municipal authority or governing body that
received the response does not disapprove the plat on or before the
date required by Subsection (a) and in accordance with Section
212.0091.
Added by Acts 2019, 86th Leg. , R.S. , Ch. 951 (H.B. 3167) , Sec. 5,
eff.. September 1, 2019.
Amended hy:
Acts 2023, 88th Leg. , R.S. , Ch. 1125 (H.B. 3699) , Sec. 10,
eff. September 1, 2023.
Sec. 212.0096. APPROVAL PROCEDURE: ALTERNATIVE APPROVAL
PROCESS. (a) Notwithstanding Sections 212.009, 212.0091,
212.0093, and 212.0095, an applicant may elect at any time to seek
approval for a plat under an alternative approval process adopted
by a municipality if the process allows for a shorter approval
period than the approval process described by Sections 212.009,
212.0091, 212.0093, and 212.0095.
(h) An applicant that elects to seek approval under the
alternative approval process described by Subsection (a) is not:
(1) required to satisfy the requirements of Sections
212.009, 212.0091, 212.0093, and 212.0095 before bringing an action
challenging a disapproval of a plat under this subchapter; and
(2) prejudiced in any manner in bringing the action
described by Subdivision (1) , including satisfying a requirement to
exhaust any and all remedies.
Added by Acts 2019, 86th Leg. , R.S. , Ch. 951 (H.B. 3167) , Sec. 5,
eff.. September 1, 2019.
12
Amended by:
Acts 2023, 88th Leg. , R.S. , Ch. 1125 (H.B. 3699) , Sec. 10,
eff. September 1, 2023.
Sec. 212.0097. APPROVAL PROCEDURE: WAIVER PROHIBITED. A
municipal authority responsible for approving plats or the
governing body of a municipality may not request or require an
applicant to waive a deadline or other approval procedure under
this subchapter.
Added by Acts 2019, 86th Leg. , R.S. , Ch. 951 (H.B. 3167) , Sec. 5,
eff. September 1, 2019.
Sec. 212.0099. JUDICIAL REVIEW OF DISAPPROVAL. In a legal
action challenging a disapproval of a plat under this subchapter,
the municipality has the burden of proving by clear and convincing
evidence that the disapproval meets the requirements of this
subchapter or any applicable case law. The court may not use a
deferential standard.
Added by Acts 2019, 86th Leg. , R.S. , Ch. 951 (H.B. 3167) , Sec. 5,
eff. September 1, 2019.
Amended by:
Acts 2023, 88th Leg. , R.S. , Ch. 1125 (H.B. 3699) , Sec. 11,
eff. September 1, 2023.
Sec. 212.010. STANDARDS FOR APPROVAL. (a) The municipal
authority responsible for approving plats shall approve a plat if:
(1) it conforms to the general plan of the
municipality and its current and future streets, alleys, parks,
playgrounds, and public utility facilities;
(2) it conforms to the general plan for the extension
of the municipality and its roads, streets, and public highways
within the municipality and in its extraterritorial jurisdiction,
taking into account access to and extension of sewer and water mains
and the instrumentalities of public utilities;
(3) a bond required under Section 212.0106, if
applicable, is filed with the municipality; and
(4) it conforms to any rules adopted under Section
13
212.002.
(b) However, the municipal authority responsible for
approving plats may not approve a plat unless the plat and other
documents have been prepared as required by Section 212.0105, if
applicable.
(c) The municipal authority responsible for approving plats
may not require the dedication of land within a subdivision for a
future street or alley that is:
(1) not intended by the owner of the tract; and
(2) not included, funded, and approved in:
(A) a capital improvement plan adopted by the
municipality; or
(B) a similar plan adopted by a county in which
the municipality is located or the state.
(d) A municipal authority responsible for approving plats
may not refuse to review a plat or to approve a plat for recordation
for failure to identify a corridor, as defined by Section 201.619,
Transportation Code, unless the corridor is part of an agreement
between the Texas Department of Transportation and a county in
which the municipality is located under that section.
(e) If a municipal authority responsible for approving
plats fails or refuses to approve a plat that meets the requirements
of this subchapter, the owner of the tract that is the subject of
the plat may bring an action in a district court in a county in which
the tract is located for a writ of mandamus to compel the municipal
authority to approve the plat by issuing to the owner applicable
approval documentation. The applicant shall recover reasonable
attorney's fees and court costs in the action if the applicant
prevails. The municipality may recover reasonable attorney's fees
and court costs in the action if the municipality prevails and the
court finds the action is frivolous.
Acts 1987, 70th Leg. , ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg. , ch. 624, Sec. 3.01, eff. Sept. 1, 1989.
Amended by:
Acts 2023, 88th Leg. , R.S. , Ch. 1125 (H.B. 3699) , Sec. 12,
eff. September 1, 2023.
14
Sec. 212.0101. ADDITIONAL REQUIREMENTS: USE OF
GROUNDWATER. (a) Except as provided by Subsection (a-1) , a plat
application for the subdivision of a tract of land for which the
source of the water supply intended for the subdivision is
groundwater under that land must have attached to it a statement
that:
(1) is prepared by an engineer licensed to practice in
this state or a geoscientist licensed to practice in this state; and
(2) certifies that adequate groundwater is available
for the subdivision.
(a-1) A municipal authority responsible for approving plats
may waive the requirement prescribed by Subsection (a) that a plat
application have attached to it a statement described by that
subsection if:
(1) based on credible evidence of groundwater
availability in the vicinity of the proposed subdivision, the
municipal authority determines that sufficient groundwater is
available and will continue to be available to the subdivided tract
of land; and
(2) either:
(A) the entire tract proposed to be subdivided by
the plat will be supplied with groundwater from the Gulf Coast
Aquifer or the Carrizo-Wilcox Aquifer; or
(B) the proposed subdivision divides the tract
into not more than 10 parts.
(a-2) A person subject to a waiver authorized by Subsection
(a-1) (2) (B) regarding a subdivided tract of land must comply with
the requirements of Subsection (a) if:
(1) the tract is subsequently divided in a manner that
results in the original tract being subdivided into more than 10
parts; or
(2) the municipal authority determines that the
proposed subdivision is part of a series of proposed subdivisions
from an original tract that collectively includes more than 10
parts.
(b) The Texas Commission on Environmental Quality by rule
shall establish the appropriate form and content of a certification
15
to be attached to a plat application under this section.
(c) The Texas Commission on Environmental Quality, in
consultation with the Texas Water Development Board, by rule shall
require a person who submits a plat under Subsection (a) to transmit
to the Texas Water Development Board and any groundwater
conservation district that includes in the district's boundaries
any part of the subdivision information that would be useful in:
(1) performing groundwater conservation district
activities;
(2) conducting regional water planning;
(3) maintaining the state's groundwater database; or
(4) conducting studies for the state related to
groundwater.
Added by Acts 1999, 76th Leg. , ch. 460, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg. , ch. 99, Sec. 2 (a) , eff. Sept. 1,
2001.
Amended by:
Acts 2007, 80th Leg. , R.S. , Ch. 515 (S.B. 662) , Sec. 1, eff.
September 1, 2007.
Acts 2007, 80th Leg. , R.S. , Ch. 1430 (S.B. 3) , Sec. 2.29, eff.
September 1, 2007.
Acts 2023, 88th Leg. , R.S. Ch. 980 (S.B. 2440) , Sec. 1, eff.
January 1, 2024.
Sec. 212.0105. WATER AND SEWER REQUIREMENTS IN CERTAIN
COUNTIES. (a) This section applies only to a person who:
(1) is the owner of a tract of land in a county in
which a political subdivision that is eligible for and has applied
for financial assistance through Subchapter K, Chapter 17, Water
Code;
(2) divides the tract in a manner that creates any lots
that are intended for residential purposes and are five acres or
less; and
(3) is required under this subchapter to have a plat
prepared for the subdivision.
(b) The owner of the tract:
(1) must:
16
(A) include on the plat or have attached to the
plat a document containing a description of the water and sewer
service facilities that will he constructed or installed to service
the subdivision and a statement of the date by which the facilities
will he fully operable; and
(B) have attached to the plat a document prepared
by an engineer registered to practice in this state certifying that
the water and sewer service facilities described by the plat or on
the document attached to the plat are in compliance with the model
rules adopted under Section 16.343, Water Code; or
(2) must:
(A) include on the plat a statement that water
and sewer service facilities are unnecessary for the subdivision;
and
(B) have attached to the plat a document prepared
by an engineer registered to practice in this state certifying that
water and sewer service facilities are unnecessary for the
subdivision under the model rules adopted under Section 16.343,
Water Code.
(c) The governing body of the municipality may extend,
beyond the date specified on the plat or on the document attached to
the plat, the date by which the water and sewer service facilities
must he fully operable if the governing body finds the extension is
reasonable and not contrary to the public interest. If the
facilities are fully operable before the expiration of the
extension period, the facilities are considered to have been made
fully operable in a timely manner. An extension is not reasonable
if it would allow a residence in the subdivision to he inhabited
without water or sewer services.
Added by Acts 1989, 71st Leg. , ch. 624, Sec. 3.01, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg. , ch. 422, Sec. 7, eff. Sept.
1, 1991.
Amended hy:
Acts 2005, 79th Leg. , Ch. 927 (H.B. 467) , Sec. 13, eff.
September 1, 2005.
Sec. 212.0106. BOND REQUIREMENTS AND OTHER FINANCIAL
17
GUARANTEES IN CERTAIN COUNTIES. (a) This section applies only to a
person described by Section 212.0105(a) .
(h) If the governing body of a municipality in a county
described by Section 212.0105(a) (1) (A) or (B) requires the owner of
the tract to execute a bond, the owner must do so before subdividing
the tract unless an alternative financial guarantee is provided
under Subsection (c) . The bond must:
(1) he payable to the presiding officer of the
governing body or to the presiding officer's successors in office;
(2) he in an amount determined by the governing body to
he adequate to ensure the proper construction or installation of
the water and sewer service facilities to service the subdivision
but not to exceed the estimated cost of the construction or
installation of the facilities;
(3) he executed with sureties as may he approved by the
governing body;
(4) he executed by a company authorized to do business
as a surety in this state if the governing body requires a surety
bond executed by a corporate surety; and
(5) he conditioned that the water and sewer service
facilities will he constructed or installed:
(A) in compliance with the model rules adopted
under Section 16.343, Water Code; and
(B) within the time stated on the plat or on the
document attached to the plat for the subdivision or within any
extension of that time.
(c) In lieu of the bond an owner may deposit cash, a letter
of credit issued by a federally insured financial institution, or
other acceptable financial guarantee.
(d) If a letter of credit is used, it must:
(1) list as the sole beneficiary the presiding officer
of the governing body; and
(2) he conditioned that the water and sewer service
facilities will he constructed or installed:
(A) in compliance with the model rules adopted
under Section 16.343, Water Code; and
(B) within the time stated on the plat or on the
18
document attached to the plat for the subdivision or within any
extension of that time.
Added by Acts 1989, 71st Leg. , ch. 624, Sec. 3.01, eff. Sept. 1,
1989.
Sec. 212.011. EFFECT OF APPROVAL ON DEDICATION. (a) The
approval of a plat is not considered an acceptance of any proposed
dedication and does not impose on the municipality any duty
regarding the maintenance or improvement of any dedicated parts
until the appropriate municipal authorities make an actual
appropriation of the dedicated parts by entry, use, or improvement.
(h) The disapproval of a plat is considered a refusal by the
municipality of the offered dedication indicated on the plat.
Acts 1987, 70th Leg. , ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 212.0115. CERTIFICATION REGARDING COMPLIANCE WITH
PLAT REQUIREMENTS. (a) For the purposes of this section, land is
considered to he within the jurisdiction of a municipality if the
land is located within the limits or in the extraterritorial
jurisdiction of the municipality.
(h) On the approval of a plat by the municipal authority
responsible for approving plats, the authority shall issue to the
person applying for the approval a certificate stating that the
plat has been reviewed and approved by the authority.
(c) On the written request of an owner of land, a purchaser
of real property under a contract for deed, executory contract, or
other executory conveyance, an entity that provides utility
service, or the governing body of the municipality, the municipal
authority responsible for approving plats shall make the following
determinations regarding the owner's land or the land in which the
entity or governing body is interested that is located within the
jurisdiction of the municipality:
(1) whether a plat is required under this subchapter
for the land; and
(2) if a plat is required, whether it has been prepared
and whether it has been reviewed and approved by the authority.
(d) The request made under Subsection (c) must identify the
19
land that is the suhj ect of the request.
(e) If the municipal authority responsible for approving
plats determines under Subsection (c) that a plat is not required,
the authority shall issue to the requesting party a written
certification of that determination. If the authority determines
that a plat is required and that the plat has been prepared and has
been reviewed and approved by the authority, the authority shall
issue to the requesting party a written certification of that
determination.
(f) The municipal authority responsible for approving plats
shall make its determination within 20 days after the date it
receives the request under Subsection (c) and shall issue the
certificate, if appropriate, within 10 days after the date the
determination is made.
(g) If both the municipal planning commission and the
governing body of the municipality have authority to approve plats,
only one of those entities need make the determinations and issue
the certificates required by this section.
(h) The municipal authority responsible for approving plats
may adopt rules it considers necessary to administer its functions
under this section.
(i) The governing body of a municipality may delegate, in
writing, the ability to perform any of the responsibilities under
this section to one or more persons. A binding decision of the
person or persons under this subsection is appealable to the
municipal authority responsible for approving plats.
Added by Acts 1989, 71st Leg. , ch. 1, Sec. 46(h) , eff. Aug. 28,
1989. Amended by Acts 1989, 71st Leg. , ch. 624, Sec. 3.03, eff.
Sept. 1, 1989; Acts 1997, 75th Leg. , ch. 567, Sec. 1, eff. June 2,
1997.
Amended hy:
Acts 2005, 79th Leg. , Ch. 978 (H.B. 1823) , Sec. 1, eff.
September 1, 2005.
Sec. 212.012. CONNECTION OF UTILITIES. (a) Except as
provided by Subsection (c) , (d) , or (j ) , an entity described by
Subsection (h) may not serve or connect any land with water, sewer,
20
electricity, gas, or other utility service unless the entity has
been presented with or otherwise holds a certificate applicable to
the land issued under Section 212.0115.
(h) The prohibition established by Subsection (a) applies
only to:
(1) a municipality and officials of a municipality
that provides water, sewer, electricity, gas, or other utility
service;
(2) a municipally owned or municipally operated
utility that provides any of those services;
(3) a public utility that provides any of those
services;
(4) a water supply or sewer service corporation
organized and operating under Chapter 67, Water Code, that provides
any of those services;
(5) a county that provides any of those services; and
(6) a special district or authority created by or
under state law that provides any of those services.
(c) An entity described by Subsection (h) may serve or
connect land with water, sewer, electricity, gas, or other utility
service regardless of whether the entity is presented with or
otherwise holds a certificate applicable to the land issued under
Section 212.0115 if:
(1) the land is covered by a development plat approved
under Subchapter B or under an ordinance or rule relating to the
development plat;
(2) the land was first served or connected with
service by an entity described by Subsection (h) (1) , (h) (2) , or
(h) (3) before September 1, 1987; or
(3) the land was first served or connected with
service by an entity described by Subsection (h) (4) , (h) (5) , or
(h) (6) before September 1, 1989.
(d) In a county to which Subchapter B, Chapter 232, applies,
an entity described by Subsection (h) may serve or connect land with
water, sewer, electricity, gas, or other utility service that is
located in the extraterritorial jurisdiction of a municipality
regardless of whether the entity is presented with or otherwise
21
holds a certificate applicable to the land issued under Section
212.0115, if the municipal authority responsible for approving
plats issues a certificate stating that:
(1) the subdivided land:
(A) was sold or conveyed by a subdivider by any
means of conveyance, including a contract for deed or executory
contract, before:
(i) September 1, 1995, in a county defined
under Section 232.022 (a) (1) ;
(ii) September 1, 1999, in a county defined
under Section 232.022 (a) (1) if, on August 31, 1999, the subdivided
land was located in the extraterritorial jurisdiction of a
municipality as determined by Chapter 42; or
(iii) September 1, 2005, in a county
defined under Section 232.022 (a) (2) ;
(B) has not been subdivided after September 1,
1995, September 1, 1999, or September 1, 2005, as applicable under
Paragraph (A) ;
(C) is the site of construction of a residence,
evidenced by at least the existence of a completed foundation, that
was begun on or before:
(i) May 1, 2003, in a county defined under
Section 232.022 (a) (1) ; or
(ii) September 1, 2005, in a county defined
under Section 232.022 (a) (2) ; and
(D) has had adequate sewer services installed to
service the lot or dwelling, as determined by an authorized agent
responsible for the licensing or permitting of on-site sewage
facilities under Chapter 366, Health and Safety Code;
(2) the subdivided land is a lot of record as defined
by Section 232.021(6-a) that is located in a county defined by
Section 232.022 (a) (1) and has adequate sewer services installed
that are fully operable to service the lot or dwelling, as
determined by an authorized agent responsible for the licensing or
permitting of on-site sewage facilities under Chapter 366, Health
and Safety Code; or
(3) the land was not subdivided after September 1,
22
1995, in a county defined under Section 232.022 (a) (1) , or September
1, 2005, in a county defined under Section 232.022 (a) (2) , and:
(A) water service is available within 750 feet of
the subdivided land; or
(B) water service is available more than 750 feet
from the subdivided land and the extension of water service to the
land may be feasible, subject to a final determination by the water
service provider.
(e) An entity described by Subsection (b) may provide
utility service to land described by Subsection (d) (1) , (2) , or (3)
only if the person requesting service:
(1) is not the land's subdivider or the subdivider's
agent; and
(2) provides to the entity a certificate described by
Subsection (d) .
(f) A person requesting service may obtain a certificate
under Subsection (d) (1) , (2) , or (3) only if the person is the owner
or purchaser of the subdivided land and provides to the municipal
authority responsible for approving plats documentation
containing:
(1) a copy of the means of conveyance or other
documents that show that the land was sold or conveyed by a
subdivider before September 1, 1995, before September 1, 1999, or
before September 1, 2005, as applicable under Subsection (d) ;
(2) for a certificate issued under Subsection (d) (1) ,
a notarized affidavit by the person requesting service that states
that construction of a residence on the land, evidenced by at least
the existence of a completed foundation, was begun on or before May
1, 2003, in a county defined by Section 232.022(a) (1) or September
1, 2005, in a county defined by Section 232.022 (a) (2) , and the
request for utility connection or service is to connect or serve a
residence described by Subsection (d) (1) (C) ;
(3) a notarized affidavit by the person requesting
service that states that the subdivided land has not been further
subdivided after September 1, 1995, September 1, 1999, or September
1, 2005, as applicable under Subsection (d) ; and
(4) evidence that adequate sewer service or facilities
23
have been installed and are fully operable to service the lot or
dwelling from an entity described by Subsection (h) or the
authorized agent responsible for the licensing or permitting of
on-site sewage facilities under Chapter 366, Health and Safety
Code.
(g) On request, the municipal authority responsible for
approving plats shall provide to the attorney general and any
appropriate local, county, or state law enforcement official a copy
of any document on which the municipal authority relied in
determining the legality of providing service.
(h) This section may not he construed to abrogate any civil
or criminal proceeding or prosecution or to waive any penalty
against a subdivider for a violation of a state or local law,
regardless of the date on which the violation occurred.
(i) In this section:
(1) "Foundation" means the lowest division of a
residence, usually consisting of a masonry slab or a pier and beam
structure, that is partly or wholly below the surface of the ground
and on which the residential structure rests.
(2) "Subdivider" has the meaning assigned by Section
232.021.
(j ) Except as provided by Subsection (k) , this section does
not prohibit a water or sewer utility from providing in a county
defined by Section 232.022 (a) (1) water or sewer utility connection
or service to a residential dwelling that:
(1) is provided water or wastewater facilities under
or in conjunction with a federal or state funding program designed
to address inadequate water or wastewater facilities in colonias or
to residential lots located in a county described by Section
232.022 (a) (1) ;
(2) is an existing dwelling identified as an eligible
recipient for funding by the funding agency providing adequate
water and wastewater facilities or improvements;
(3) when connected, will comply with the minimum state
standards for both water and sewer facilities and as prescribed by
the model subdivision rules adopted under Section 16.343, Water
Code; and
24
(4) is located in a project for which the municipality
with jurisdiction over the project or the approval of plats within
the project area has approved the improvement project by order,
resolution, or interlocal agreement under Chapter 791, Government
Code.
(k) A utility may not serve any subdivided land with water
utility connection or service under Subsection (j ) unless the
entity receives a determination that adequate sewer services have
been installed to service the lot or dwelling from the municipal
authority responsible for approving plats, an entity described by
Subsection (h) , or the authorized agent responsible for the
licensing or permitting of on-site sewage facilities under Chapter
366, Health and Safety Code.
Acts 1987, 70th Leg. , ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
hyActs 1989, 71st Leg. , ch. 1, Sec. 46(h) , eff. Aug. 28, 1989; Acts
1989, 71st Leg. , ch. 624, Sec. 3.01, eff. Sept. 1, 1989; Acts 1997,
75th Leg. , ch. 1062, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th
Leg. , ch. 62, Sec. 18.34, eff. Sept. 1, 1999; Acts 1999, 76th Leg. ,
ch. 404, Sec. 2, eff. Sept. 1, 1999.
Amended hy:
Acts 2005, 79th Leg. , Ch. 708 (S.B. 425) , Sec. 1, eff.
September 1, 2005.
Acts 2009, 81st Leg. , R.S. , Ch. 1239 (S.B. 2253) , Sec. 1, eff.
June 19, 2009.
Sec. 212.013. VACATING PLAT. (a) The proprietors of the
tract covered by a plat may vacate the plat at any time before any
lot in the plat is sold. The plat is vacated when a signed,
acknowledged instrument declaring the plat vacated is approved and
recorded in the manner prescribed for the original plat.
(h) If lots in the plat have been sold, the plat, or any part
of the plat, may he vacated on the application of all the owners of
lots in the plat with approval obtained in the manner prescribed for
the original plat.
(c) The county clerk shall write legibly on the vacated plat
the word "Vacated" and shall enter on the plat a reference to the
volume and page at which the vacating instrument is recorded.
25
(d) On the execution and recording of the vacating
instrument, the vacated plat has no effect.
Acts 1987, 70th Leg. , ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 212.014. REPLATTING WITHOUT VACATING PRECEDING
PLAT. A replat of a subdivision or part of a subdivision may he
recorded and is controlling over the preceding plat without
vacation of that plat if the replat:
(1) is signed and acknowledged by only the owners of
the property being replatted;
(2) is approved by the municipal authority responsible
for approving plats; and
(3) does not attempt to amend or remove any covenants
or restrictions.
Acts 1987, 70th Leg. , ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended hy:
Acts 2019, 86th Leg. , R.S. , Ch. 951 (H.B. 3167) , Sec. 6, eff.
September 1, 2019.
Acts 2019, 86th Leg. , R.S. Ch. 1242 (H.B. 3314) , Sec. 1, eff.
September 1, 2019.
Sec. 212.0145. REPLATTING WITHOUT VACATING PRECEDING PLAT:
CERTAIN SUBDIVISIONS. (a) A replat of a part of a subdivision may
he recorded and is controlling over the preceding plat without
vacation of that plat if the replat:
(1) is signed and acknowledged by only the owners of
the property being replatted; and
(2) involves only property:
(A) of less than one acre that fronts an existing
street; and
(B) that is owned and used by a nonprofit
corporation established to assist children in at-risk situations
through volunteer and individualized attention.
(h) An existing covenant or restriction for property that is
replatted under this section does not have to he amended or removed
if:
(1) the covenant or restriction was recorded more than
26
50 years before the date of the replat; and
(2) the replatted property has been continuously used
by the nonprofit corporation for at least 10 years before the date
of the replat.
(c) Sections 212.014 and 212.015 do not apply to a replat
under this section.
Added by Acts 1999, 76th Leg. , ch. 1130, Sec. 1, eff. June 18, 1999.
Sec. 212.0146. REPLATTING WITHOUT VACATING PRECEDING PLAT:
CERTAIN MUNICIPALITIES. (a) This section applies only to a replat
of a subdivision or a part of a subdivision located in a
municipality or the extraterritorial jurisdiction of a
municipality with a population of 1.4 million or more.
(b) A replat of a subdivision or part of a subdivision may be
recorded and is controlling over the preceding plat without
vacation of that plat if:
(1) the replat is signed and acknowledged by each
owner and only the owners of the property being replatted;
(2) the municipal authority responsible for approving
plats holds a public hearing on the matter at which parties in
interest and citizens have an opportunity to be heard;
(3) the replat does not amend, remove, or violate, or
have the effect of amending, removing, or violating, any covenants
or restrictions that are contained or referenced in a dedicatory
instrument recorded in the real property records separately from
the preceding plat or replat;
(4) the replat does not attempt to amend, remove, or
violate, or have the effect of amending, removing, or violating,
any existing public utility easements without the consent of the
affected utility companies; and
(5) the municipal authority responsible for approving
plats approves the replat after determining that the replat
complies with this subchapter and rules adopted under Section
212.002 and this section in effect at the time the application for
the replat is filed.
(c) The governing body of a municipality may adopt rules
governing replats, including rules that establish criteria under
27
which covenants, restrictions, or plat notations that are contained
only in the preceding plat or replat without reference in any
dedicatory instrument recorded in the real property records
separately from the preceding plat or replat may he amended or
removed.
Added by Acts 2007, 80th Leg. , R.S. , Ch. 654 (H.B. 1067) , Sec. 1,
eff.. June 15, 2007.
Amended hy:
Acts 2013, 83rd Leg. , R.S. , Ch. 60 (H.B. 1553) , Sec. 1, eff.
May 18, 2013.
Acts 2023, 88th Leg. , R.S. , Ch. 644 (H.B. 4559) , Sec. 140,
eff. September 1, 2023.
Sec. 212.015. ADDITIONAL REQUIREMENTS FOR CERTAIN REPLATS.
(a) In addition to compliance with Section 212.014, a replat
without vacation of the preceding plat must conform to the
requirements of this section if:
(1) during the preceding five years, any of the area to
he replatted was limited by an interim or permanent zoning
classification to residential use for not more than two residential
units per lot; or
(2) any lot in the preceding plat was limited by deed
restrictions to residential use for not more than two residential
units per lot.
(a-1) If a proposed replat described by Subsection (a)
requires a variance or exception, a public hearing must he held by
the municipal planning commission or the governing body of the
municipality.
(h) Notice of the hearing required under Subsection (a-1)
shall he given before the 15th day before the date of the hearing
hy:
(1) publication in an official newspaper or a
newspaper of general circulation in the county in which the
municipality is located; and
(2) by written notice, with a copy of Subsection (c)
attached, forwarded by the municipal authority responsible for
approving plats to the owners of lots that are in the original
28
subdivision and that are within 200 feet of the lots to be
replatted, as indicated on the most recently approved municipal tax
roll or in the case of a subdivision within the extraterritorial
jurisdiction, the most recently approved county tax roll of the
property upon which the replat is requested. The written notice
may be delivered by depositing the notice, properly addressed with
postage prepaid, in a post office or postal depository within the
boundaries of the municipality.
(c) If the proposed replat requires a variance and is
protested in accordance with this subsection, the proposed replat
must receive, in order to be approved, the affirmative vote of at
least three-fourths of the members present of the municipal
planning commission or governing body, or both. For a legal
protest, written instruments signed by the owners of at least 20
percent of the area of the lots or land immediately adjoining the
area covered by the proposed replat and extending 200 feet from that
area, but within the original subdivision, must be filed with the
municipal planning commission or governing body, or both, prior to
the close of the public hearing.
(d) In computing the percentage of land area under
Subsection (c) , the area of streets and alleys shall be included.
(e) Compliance with Subsections (c) and (d) is not required
for approval of a replat of part of a preceding plat if the area to
be replatted was designated or reserved for other than single or
duplex family residential use by notation on the last legally
recorded plat or in the legally recorded restrictions applicable to
the plat.
(f) If a proposed replat described by Subsection (a) does
not require a variance or exception, the municipality shall, not
later than the 15th day after the date the replat is approved,
provide written notice by mail of the approval of the replat to each
owner of a lot in the original subdivision that is within 200 feet
of the lots to be replatted according to the most recent
municipality or county tax roll. This subsection does not apply to
a proposed replat if the municipal planning commission or the
governing body of the municipality holds a public hearing and gives
notice of the hearing in the manner provided by Subsection (b) .
29
(g) The notice of a replat approval required by Subsection
(f) must include:
(1) the zoning designation of the property after the
replat; and
(2) a telephone number and e-mail address an owner of a
lot may use to contact the municipality about the replat.
Acts 1987, 70th Leg. , ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg. , ch. 345, Sec. 2 to 5, eff. Aug. 28, 1989;
Acts 1993, 73rd Leg. , ch. 1046, Sec. 3, eff. Aug. 30, 1993.
Amended hy:
Acts 2019, 86th Leg. , R.S. , Ch. 951 (H.B. 3167) , Sec. 7, eff.
September 1, 2019.
Acts 2019, 86th Leg. , R.S. Ch. 1242 (H.B. 3314) , Sec. 2, eff.
September 1, 2019.
Sec. 212.0155. ADDITIONAL REQUIREMENTS FOR CERTAIN REPLATS
AFFECTING A SUBDIVISION GOLF COURSE. (a) This section applies to
land located wholly or partly:
(1) in the corporate boundaries of a municipality if
the municipality:
(A) has a population of more than 50,000; and
(B) is located wholly or partly in:
(i) a county with a population of more than
three million;
(ii) a county with a population of more than
400,000 that is adjacent to a county with a population of more than
three million; or
(iii) a county with a population of more
than 1.4 million:
(a) in which two or more
municipalities with a population of 300,000 or more are primarily
located; and
(h) that is adjacent to a county with
a population of more than two million; or
(2) in the corporate boundaries or extraterritorial
jurisdiction of a municipality with a population of 1.9 million or
more.
30
(b) In this section:
(1) "Management certificate" means a certificate
described by Section 209.004, Property Code.
(2) "New plat" means a development plat, replat,
amending plat, or vacating plat that would change the existing plat
or the current use of the land that is the subject of the new plat.
(3) "Property owners' association" and "restrictive
covenant" have the meanings assigned by Section 202.001, Property
Code.
(4) "Restrictions, " "subdivision, " and "owner" have
the meanings assigned by Section 201.003, Property Code.
(5) "Subdivision golf course" means an area of land:
(A) that was originally developed as a golf
course or a country club within a common scheme of development for a
predominantly residential single-family development project;
(B) that was at any time in the seven years
preceding the date on which a new plat for the land is filed:
(i) used as a golf course or a country club;
(ii) zoned as a community facility;
(iii) benefited from restrictive covenants
on adjoining homeowners; or
(iv) designated on a recorded plat as a golf
course or a country club; and
(C) that is not separated entirely from the
predominantly residential single-family development project by a
public street.
(c) In addition to any other requirement of this chapter, a
new plat must conform to the requirements of this section if any of
the area subject to the new plat is a subdivision golf course. The
exception in Section 212.004(a) excluding divisions of land into
parts greater than five acres for platting requirements does not
apply to a subdivision golf course.
(d) A new plat that is subject to this section may not be
approved until each municipal authority reviewing the new plat
conducts a public hearing on the matter at which the parties in
interest and citizens have an adequate opportunity to be heard,
present evidence, and submit statements or petitions for
31
consideration by the municipal authority. The number, location,
and procedure for the public hearings may be designated by the
municipal authority for a particular hearing. The municipal
authority may abate, continue, or reschedule, as the municipal
authority considers appropriate, any public hearing in order to
receive a full and complete record on which to make a decision. If
the new plat would otherwise be administratively approved, the
municipal planning commission is the approving body for the
purposes of this section.
(e) The municipal authority may not approve the new plat
without adequate consideration of testimony and the record from the
public hearings and making the findings required by Subsection
W . Not later than the 30th day after the date on which all
proceedings necessary for the public hearings have concluded, the
municipal authority shall take action on the application for the
new plat. Sections 212.009(a) and (b) do not apply to the approval
of plats under this section.
(f) The municipality may provide notice of the initial
hearing required by Subsection (d) only after the requirements of
Subsections (m) and (n) are met. The notice shall be given before
the 15th day before the date of the hearing by:
(1) publishing notice in an official newspaper or a
newspaper of general circulation in the county in which the
municipality is located;
(2) providing written notice, with a copy of this
section attached, by the municipal authority responsible for
approving plats to:
(A) each property owners' association for each
neighborhood benefited by the subdivision golf course, as indicated
in the most recently filed management certificates; and
(B) the owners of lots that are within 200 feet of
the area subject to the new plat, as indicated:
(i) on the most recently approved municipal
tax roll; and
(ii) in the most recent online records of
the central appraisal district of the county in which the lots are
located; and
32
(3) any other manner determined by the municipal
authority to he necessary to ensure that full and fair notice is
provided to all owners of residential single-family lots in the
general vicinity of the subdivision golf course.
(g) The written notice required by Subsection (f) (2) may he
delivered by depositing the notice, properly addressed with postage
prepaid, in the United States mail.
(h) The cost of providing the notices under Subsection (f)
shall he paid by the plat applicant.
(i) If written instruments protesting the proposed new plat
are signed by the owners of at least 20 percent of the area of the
lots or land immediately adjacent to the area covered by a proposed
new plat and extending 200 feet from that area and are filed with
the municipal planning commission or the municipality's governing
body before the conclusion of the public hearings, the proposed new
plat must receive, to he approved, the affirmative vote of at least
three-fifths of the members of the municipal planning commission or
governing body.
(j ) In computing the percentage of land area under
Subsection (i) , the area of streets and alleys is included.
(k) The municipal planning commission or the municipality's
governing body may not approve a new plat under this section unless
it determines that:
(1) there is adequate existing or planned
infrastructure to support the future development of the subdivision
golf course;
(2) based on existing or planned facilities, the
development of the subdivision golf course will not have a
materially adverse effect on:
(A) traffic, parking, drainage, water, sewer, or
other utilities;
(B) the health, safety, or general welfare of
persons in the municipality; or
(C) safe, orderly, and healthful development of
the municipality;
(3) the development of the subdivision golf course
will not have a materially adverse effect on existing single-family
33
property values;
(4) the new plat is consistent with all applicable
land use regulations and restrictive covenants and the
municipality's land use policies as described by the municipality's
comprehensive plan or other appropriate public policy documents;
and
(5) if any portion of a previous plat reflected a
restriction on the subdivision golf course whether:
(A) that restriction is an implied covenant or
easement benefiting adjacent residential properties; or
(B) the restriction, covenant, or easement has
been legally released or has expired.
(1) The municipal authority may adopt rules to govern the
platting of a subdivision golf course that do not conflict with this
section, including rules that require more detailed information
than is required by Subsection (n) for plans for development and new
plat applications.
(m) The application for a new plat under this section is not
complete and may not he submitted for review for administrative
completeness unless the tax certificates required by Section
12.002(e) , Property Code, are attached, notwithstanding that the
application is for a type of plat other than a plat specified in
that section.
(n) A plan for development or a new plat application for a
subdivision golf course is not considered to provide fair notice of
the project and nature of the permit sought unless it contains the
following information, complete in all material respects:
(1) street layout;
(2) lot and block layout;
(3) number of residential units;
(4) location of nonresidential development, by type of
development;
(5) drainage, detention, and retention plans;
(6) screening plan for adjacent residential
properties, including landscaping or fencing; and
(7) an analysis of the effect of the project on values
in the adjacent residential neighborhoods.
34
(o) A municipal authority with authority over platting may
require as a condition for approval of a plat for a golf course
that:
(1) the area he platted as a restricted reserve for the
proposed use; and
(2) the plat he incorporated into the plat for any
adjacent residential lots.
(p) An owner of a lot that is within 200 feet of a
subdivision golf course may seek declaratory or injunctive relief
from a district court to enforce the provisions in this section.
Added by Acts 2007, 80th Leg. , R.S. , Ch. 1092 (H.B. 3232) , Sec. 1,
eff.. June 15, 2007.
Amended hy:
Acts 2009, 81st Leg. , R.S. Ch. 635 (H.B. 1473) , Sec. 1, eff.
June 19, 2009.
Acts 2011, 82nd Leg. , R.S. , Ch. 675 (S.B. 1789) , Sec. 1, eff.
June 17, 2011.
Acts 2011, 82nd Leg. , R.S. , Ch. 1163 (H.B. 2702) , Sec. 78,
eff.. September 1, 2011.
Sec. 212.016. AMENDING PLAT. (a) The municipal authority
responsible for approving plats may approve and issue an amending
plat, which may he recorded and is controlling over the preceding
plat without vacation of that plat, if the amending plat is signed
by the applicants only and is solely for one or more of the
following purposes:
(1) to correct an error in a course or distance shown
on the preceding plat;
(2) to add a course or distance that was omitted on the
preceding plat;
(3) to correct an error in a real property description
shown on the preceding plat;
(4) to indicate monuments set after the death,
disability, or retirement from practice of the engineer or surveyor
responsible for setting monuments;
(5) to show the location or character of a monument
that has been changed in location or character or that is shown
35
incorrectly as to location or character on the preceding plat;
(6) to correct any other type of scrivener or clerical
error or omission previously approved by the municipal authority
responsible for approving plats, including 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 if:
(A) both lot owners join in the application for
amending the plat;
(B) neither lot is abolished;
(C) the amendment does not attempt to remove
recorded covenants or restrictions; and
(D) the amendment does not have a material
adverse effect on the property rights of the other owners in the
plat;
(8) to relocate a lot line to eliminate an inadvertent
encroachment of a building or other improvement on a lot line or
easement;
(9) to relocate one or more lot lines between one or
more adjacent lots if:
(A) the owners of all those lots join in the
application for amending the plat;
(B) the amendment does not attempt to remove
recorded covenants or restrictions; and
(C) the amendment does not increase the number of
lots;
(10) to make necessary changes to the preceding plat
to create six or fewer lots in the subdivision or a part of the
subdivision covered by the preceding plat if:
(A) the changes do not affect applicable zoning
and other regulations of the municipality;
(B) the changes do not attempt to amend or remove
any covenants or restrictions; and
(C) the area covered by the changes is located in
an area that the municipal planning commission or other appropriate
governing body of the municipality has approved, after a public
hearing, as a residential improvement area; or
36
(11) to replat one or more lots fronting on an existing
street if:
(A) the owners of all those lots join in the
application for amending the plat;
(B) the amendment does not attempt to remove
recorded covenants or restrictions;
(C) the amendment does not increase the number of
lots; and
(D) the amendment does not create or require the
creation of a new street or make necessary the extension of
municipal facilities.
(h) Notice, a hearing, and the approval of other lot owners
are not required for the approval and issuance of an amending plat.
Acts 1987, 70th Leg. , ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
hyActs 1989, 71st Leg. , ch. 1, Sec. 46(h) , eff. Aug. 28, 1989; Acts
1995, 74th Leg. , ch. 92, Sec. 2, eff. Aug. 28, 1995.
Sec. 212.017. CONFLICT OF INTEREST; PENALTY. (a) In this
section, "subdivided tract" means a tract of land, as a whole, that
is subdivided. The term does not mean an individual lot in a
subdivided tract of land.
(h) A person has a substantial interest in a subdivided
tract if the person:
(1) has an equitable or legal ownership interest in
the tract with a fair market value of $2,500 or more;
(2) acts as a developer of the tract;
(3) owns 10 percent or more of the voting stock or
shares of or owns either 10 percent or more or $5,000 or more of the
fair market value of a business entity that:
(A) has an equitable or legal ownership interest
in the tract with a fair market value of $2,500 or more; or
(B) acts as a developer of the tract; or
(4) receives in a calendar year funds from a business
entity described by Subdivision (3) that exceed 10 percent of the
person's gross income for the previous year.
(c) A person also is considered to have a substantial
interest in a subdivided tract if the person is related in the first
37
degree by consanguinity or affinity, as determined under Chapter
573, Government Code, to another person who, under Subsection (b) ,
has a substantial interest in the tract.
(d) If a member of the municipal authority responsible for
approving plats has a substantial interest in a subdivided tract,
the member shall file, before a vote or decision regarding the
approval of a plat for the tract, an affidavit stating the nature
and extent of the interest and shall abstain from further
participation in the matter. The affidavit must be filed with the
municipal secretary or clerk.
(e) A member of the municipal authority responsible for
approving plats commits an offense if the member violates
Subsection (d) . An offense under this subsection is a Class A
misdemeanor.
(f) The finding by a court of a violation of this section
does not render voidable an action of the municipal authority
responsible for approving plats unless the measure would not have
passed the municipal authority without the vote of the member who
violated this section.
Acts 1987, 70th Leg. , ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg. , ch. 624, Sec. 3.01, eff. Sept. 1, 1989;
Acts 1991, 72nd Leg. , ch. 561, Sec. 38, eff. Aug. 26, 1991; Acts
1995, 74th Leg. , ch. 76, Sec. 5.95(27) , eff. Sept. 1, 1995.
Sec. 212.0175. ENFORCEMENT IN CERTAIN COUNTIES; PENALTY.
(a) The attorney general may take any action necessary to enforce a
requirement imposed by or under Section 212.0105 or 212.0106 or to
ensure that water and sewer service facilities are constructed or
installed to service a subdivision in compliance with the model
rules adopted under Section 16.343, Water Code.
(b) A person who violates Section 212.0105 or 212.0106 or
fails to timely provide for the construction or installation of
water or sewer service facilities that the person described on the
plat or on the document attached to the plat, as required by Section
212.0105, is subject to a civil penalty of not less than $500 nor
more than $1,000 plus court costs and attorney's fees.
(c) An owner of a tract of land commits an offense if the
38
owner knowingly or intentionally violates a requirement imposed by
or under Section 212.0105 or 212.0106 or fails to timely provide for
the construction or installation of water or sewer service
facilities that the person described on a plat or on a document
attached to a plat, as required by Section 212.0105. An offense
under this subsection is a Class B misdemeanor.
(d) A reference in this section to an "owner of a tract of
land" does not include the owner of an individual lot in a
subdivided tract of land.
Added by Acts 1989, 71st Leg. , ch. 624, Sec. 3.01, eff. Sept. 1,
1989.
Sec. 212.018. ENFORCEMENT IN GENERAL. (a) At the request
of the governing body of the municipality, the municipal attorney
or any other attorney representing the municipality may file an
action in a court of competent jurisdiction to:
(1) enjoin the violation or threatened violation by
the owner of a tract of land of a requirement regarding the tract
and established by, or adopted by the governing body under, this
subchapter; or
(2) recover damages from the owner of a tract of land
in an amount adequate for the municipality to undertake any
construction or other activity necessary to bring about compliance
with a requirement regarding the tract and established by, or
adopted by the governing body under, this subchapter.
(b) A reference in this section to an "owner of a tract of
land" does not include the owner of an individual lot in a
subdivided tract of land.
Added by Acts 1989, 71st Leg. , ch. 1, Sec. 46(b) , eff. Aug. 28,
1989. Amended by Acts 1989, 71st Leg. , ch. 624, Sec. 3.01, eff.
Sept. 1, 1989.
SUBCHAPTER B. REGULATION OF PROPERTY DEVELOPMENT
Sec. 212.041. MUNICIPALITY COVERED BY SUBCHAPTER. This
subchapter applies only to a municipality whose governing body
chooses by ordinance to be covered by this subchapter or chose by
39
ordinance to be covered by the law codified by this subchapter.
Acts 1987, 70th Leg. , ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1993, 73rd Leg. , ch. 125, Sec. 1, eff. May 11, 1993; Acts
1993, 73rd Leg. , ch. 1046, Sec. 4, eff. Aug. 30, 1993; Acts 1995,
74th Leg. , ch. 76, Sec. 10.04, eff. Sept. 1, 1995.
Sec. 212.042. APPLICATION OF SUBCHAPTER A. The provisions
of Subchapter A that do not conflict with this subchapter apply to
development plats.
Acts 1987, 70th Leg. , ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 212.043. DEFINITIONS. In this subchapter:
(1) "Development" means the new construction or the
enlargement of any exterior dimension of any building, structure,
or improvement.
(2) "Extraterritorial jurisdiction" means a
municipality's extraterritorial jurisdiction as determined under
Chapter 42.
Acts 1987, 70th Leg. , ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 212.044. PLANS, RULES, AND ORDINANCES. After a public
hearing on the matter, the municipality may adopt general plans,
rules, or ordinances governing development plats of land within the
limits and in the extraterritorial jurisdiction of the municipality
to promote the health, safety, morals, or general welfare of the
municipality and the safe, orderly, and healthful development of
the municipality.
Acts 1987, 70th Leg. , ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 212.045. DEVELOPMENT PLAT REQUIRED. (a) Any person
who proposes the development of a tract of land located within the
limits or in the extraterritorial jurisdiction of the municipality
must have a development plat of the tract prepared in accordance
with this subchapter and the applicable plans, rules, or ordinances
of the municipality.
(b) A development plat must be prepared by a registered
professional land surveyor as a boundary survey showing:
40
(1) each existing or proposed building, structure, or
improvement or proposed modification of the external configuration
of the building, structure, or improvement involving a change of
the building, structure, or improvement;
(2) each easement and right-of-way within or abutting
the boundary of the surveyed property; and
(3) the dimensions of each street, sidewalk, alley,
square, park, or other part of the property intended to he dedicated
to public use or for the use of purchasers or owners of lots
fronting on or adjacent to the street, sidewalk, alley, square,
park, or other part.
(c) New development may not begin on the property until the
development plat is filed with and approved by the municipality in
accordance with Section 212.047.
(d) If a person is required under Subchapter A or an
ordinance of the municipality to file a subdivision plat, a
development plat is not required in addition to the subdivision
plat.
Acts 1987, 70th Leg. , ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg. , ch. 1091, Sec. 28, eff. Sept. 1, 1989.
Sec. 212.046. RESTRICTION ON ISSUANCE OF BUILDING AND OTHER
PERMITS BY MUNICIPALITY, COUNTY, OR OFFICIAL OF OTHER GOVERNMENTAL
ENTITY. The municipality, a county, or an official of another
governmental entity may not issue a building permit or any other
type of permit for development on lots or tracts subject to this
subchapter until a development plat is filed with and approved by
the municipality in accordance with Section 212.047.
Acts 1987, 70th Leg. , ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 212.047. APPROVAL OF DEVELOPMENT PLAT. The
municipality shall endorse approval on a development plat filed
with it if the plat conforms to:
(1) the general plans, rules, and ordinances of the
municipality concerning its current and future streets, sidewalks,
alleys, parks, playgrounds, and public utility facilities;
(2) the general plans, rules, and ordinances for the
41
extension of the municipality or the extension, improvement, or
widening of its roads, streets, and public highways within the
municipality and in its extraterritorial jurisdiction, taking into
account access to and extension of sewer and water mains and the
instrumentalities of public utilities; and
(3) any general plans, rules, or ordinances adopted
under Section 212.044.
Acts 1987, 70th Leg. , ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 212.048. EFFECT OF APPROVAL ON DEDICATION. The
approval of a development plat is not considered an acceptance of
any proposed dedication for public use or use by persons other than
the owner of the property covered by the plat and does not impose on
the municipality any duty regarding the maintenance or improvement
of any purportedly dedicated parts until the municipality's
governing body makes an actual appropriation of the dedicated parts
by formal acceptance, entry, use, or improvement.
Acts 1987, 70th Leg. , ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 212.049. BUILDING PERMITS IN EXTRATERRITORIAL
JURISDICTION. This subchapter does not authorize the municipality
to require municipal building permits or otherwise enforce the
municipality's building code in its extraterritorial jurisdiction.
Acts 1987, 70th Leg. , ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 212.050. ENFORCEMENT; PENALTY. (a) If it appears
that a violation or threat of a violation of this subchapter or a
plan, rule, or ordinance adopted under this subchapter or
consistent with this subchapter exists, the municipality is
entitled to appropriate injunctive relief against the person who
committed, is committing, or is threatening to commit the
violation.
(h) A suit for injunctive relief may he brought in the
county in which the defendant resides, the county in which the
violation or threat of violation occurs, or any county in which the
municipality is wholly or partly located.
(c) In a suit to enjoin a violation or threat of a violation
42
of this subchapter or a plan, rule, ordinance, or other order
adopted under this subchapter, the court may grant the municipality
any prohibitory or mandatory injunction warranted by the facts
including a temporary restraining order, temporary injunction, or
permanent injunction.
(d) A person commits an offense if the person violates this
subchapter or a plan, rule, or ordinance adopted under this
subchapter or consistent with this subchapter within the limits of
the municipality. An offense under this subsection is a Class C
misdemeanor. Each day the violation continues constitutes a
separate offense.
(e) A suit under this section shall he given precedence over
all other cases of a different nature on the docket of the trial or
appellate court.
(f) It is no defense to a criminal or civil suit under this
section that an agency of government other than the municipality
issued a license or permit authorizing the construction, repair, or
alteration of any building, structure, or improvement. It also is
no defense that the defendant had no knowledge of this subchapter or
of an applicable plan, rule, or ordinance.
Acts 1987, 70th Leg. , ch. 149, Sec. I, eff. Sept. I, 1987.
SUBCHAPTER C. DEVELOPER PARTICIPATION IN CONTRACT FOR PUBLIC
IMPROVEMENTS
Sec. 212.071. DEVELOPER PARTICIPATION CONTRACT. Without
complying with the competitive sealed bidding procedure of Chapter
252, a municipality with 5,000 or more inhabitants may make a
contract with a developer of a subdivision or land in the
municipality to construct public improvements, not including a
building, related to the development. If the contract does not meet
the requirements of this subchapter, Chapter 252 applies to the
contract if the contract would otherwise he governed by that
chapter.
Added by Acts 1989, 71st Leg. , ch. I, Sec. 47(h) , eff. Aug. 28,
1989. Amended by Acts 1999, 76th Leg. , ch. 1547, Sec. I, eff. Sept.
I, 1999.
43
Sec. 212.072. DUTIES OF PARTIES UNDER CONTRACT. (a) Under
the contract, the developer shall construct the improvements and
the municipality shall participate in their cost.
(h) The contract:
(1) must establish the limit of participation by the
municipality at a level not to exceed 30 percent of the total
contract price, if the municipality has a population of less than
1.8 million; or
(2) may allow participation by a municipality at a
level not to exceed 70 percent of the total contract price, if the
municipality has a population of 1.8 million or more.
(h-1) In addition, if the municipality has a population of
1.8 million or more, the municipality may participate at a level not
to exceed 100 percent of the total contract price for all required
drainage improvements related to the development and construction
of affordable housing. Under this subsection, affordable housing
is defined as housing which is equal to or less than the median
sales price, as determined by the Real Estate Center at Texas A&M
University, of a home in the Metropolitan Statistical Area (MSA) in
which the municipality is located.
(c) In addition, the contract may also allow participation
by the municipality at a level not to exceed 100 percent of the
total cost for any oversizing of improvements required by the
municipality, including but not limited to increased capacity of
improvements to anticipate other future development in the area.
(d) The municipality is liable only for the agreed payment
of its share of the contract, which shall he determined in advance
either as a lump sum or as a factor or percentage of the total actual
cost as determined by municipal ordinance.
Added by Acts 1989, 71st Leg. , ch. 1, Sec. 47(h) , eff. Aug. 28,
1989. Amended by Acts 1999, 76th Leg. , ch. 1526, Sec. 1, eff. Aug.
30, 1999.
Amended hy:
Acts 2005, 79th Leg. , Ch. 1075 (H.B. 1606) , Sec. 1, eff. June
18, 2005.
44
Sec. 212.073. PERFORMANCE BOND. The developer must execute
a performance bond for the construction of the improvements to
ensure completion of the project. The bond must he executed by a
corporate surety in accordance with Chapter 2253, Government Code.
Added by Acts 1989, 71st Leg. , ch. 1, Sec. 47(h) , eff. Aug. 28,
1989. Amended by Acts 1995, 74th Leg. , ch. 76, Sec. 5.95(17) , eff.
Sept. 1, 1995.
Sec. 212.074. ADDITIONAL SAFEGUARDS; INSPECTION OF
RECORDS. (a) In the ordinance adopted by the municipality under
Section 212.072 (h) , the municipality may include additional
safeguards against undue loading of cost, collusion, or fraud.
(h) All of the developer's hooks and other records related
to the project shall he available for inspection by the
municipality.
Added by Acts 1989, 71st Leg. , ch. 1, Sec. 47(h) , eff. Aug. 28,
1989.
SUBCHAPTER D. REGULATION OF PROPERTY DEVELOPMENT PROHIBITED IN
CERTAIN CIRCUMSTANCES
Sec. 212. 101. APPLICATION OF SUBCHAPTER TO CERTAIN
HOME-RULE MUNICIPALITY. This subchapter applies only to a
home-rule municipality that:
(1) has a charter provision allowing for
limited-purpose annexation; and
(2) has annexed territory for a limited purpose.
Added by Acts 1997, 75th Leg. , ch. 165, Sec. 23.02 (a) , eff. Sept. 1,
1997.
Sec. 212. 102. DEFINITIONS. In this subchapter:
(1) "Affected area" means an area that is:
(A) in a municipality or a municipality's
extraterritorial jurisdiction;
(B) in a county other than the county in which a
majority of the territory of the municipality is located;
(C) within the boundaries of one or more school
45
districts other than the school district in which a majority of the
territory of the municipality is located; and
(D) within the area of or within 1,500 feet of the
boundary of an assessment road district in which there are two state
highways.
(2) "Assessment road district" means a road district
that has issued refunding bonds and that has imposed assessments on
each parcel of land under Subchapter C, Chapter 1471, Government
Code.
(3) "State highway" means a highway that is part of the
state highway system under Section 221.001, Transportation Code.
Added by Acts 1997, 75th Leg. , ch. 165, Sec. 23.02 (a) , eff.. Sept. 1,
1997. Amended by Acts 2001, 77th Leg. , ch. 1420, Sec. 8.289, eff.
Sept. 1, 2001.
Sec. 212. 103. TRAFFIC OR TRAFFIC OPERATIONS. (a) A
municipality may not deny, limit, delay, or condition the use or
development of land, any part of which is within an affected area,
because of:
(1) traffic or traffic operations that would result
from the proposed use or development of the land; or
(2) the effect that the proposed use or development of
the land would have on traffic or traffic operations.
(h) In this section, an action to deny, limit, delay, or
condition the use or development of land includes a decision or
other action by the governing body of the municipality or by a
commission, hoard, department, agency, office, or employee of the
municipality related to zoning, subdivision, site planning, the
construction or building permit process, or any other municipal
process, approval, or permit.
(c) This subchapter does not prevent a municipality from
exercising its authority to require the dedication of right-of-way.
Added by Acts 1997, 75th Leg. , ch. 165, Sec. 23.02 (a) , eff.. Sept. 1,
1997.
Sec. 212. 104. PROVISION NOT ENFORCEABLE. A provision in a
covenant or agreement relating to land in an affected area that
46
would have the effect of denying, limiting, delaying, or
conditioning the use or development of the land because of its
effect on traffic or traffic operations may not he enforced by a
municipality.
Added by Acts 1997, 75th Leg. , ch. 165, Sec. 23.02 (a) , eff. Sept. 1,
1997.
Sec. 212. 105. SUBCHAPTER CONTROLS. This subchapter
controls over any other law relating to municipal regulation of
land use or development based on traffic.
Added by Acts 1997, 75th Leg. , ch. 165, Sec. 23.02 (a) , eff. Sept. 1,
1997.
SUBCHAPTER E. MORATORIUM ON PROPERTY DEVELOPMENT IN CERTAIN
CIRCUMSTANCES
Sec. 212. 131. DEFINITIONS. In this subchapter:
(1) "Essential public facilities" means water, sewer,
or storm drainage facilities or street improvements provided by a
municipality or private utility.
(2) "Residential property" means property zoned for or
otherwise authorized for single-family or multi-family use.
(3) "Property development" means the construction,
reconstruction, or other alteration or improvement of residential
or commercial buildings or the subdivision or replatting of a
subdivision of residential or commercial property.
(4) "Commercial property" means property zoned for or
otherwise authorized for use other than single-family use,
multifamily use, heavy industrial use, or use as a quarry.
Added by Acts 2001, 77th Leg. , ch. 441, Sec. 1, eff. Sept. 1, 2001.
Amended hy:
Acts 2005, 79th Leg. , Ch. 1321 (H.B. 3461) , Sec. 1, eff.
September 1, 2005.
Sec. 212. 132. APPLICABILITY. This subchapter applies only
to a moratorium imposed on property development affecting only
residential property, commercial property, or both residential and
47
commercial property.
Added by Acts 2001, 77th Leg. , ch. 441, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg. , Ch. 1321 (H.B. 3461) , Sec. 2, eff.
September 1, 2005.
Sec. 212. 133. PROCEDURE FOR ADOPTING MORATORIUM. A
municipality may not adopt a moratorium on property development
unless the municipality:
(1) complies with the notice and hearing procedures
prescribed by Section 212. 134; and
(2) makes written findings as provided by Section
212. 135, 212. 1351, or 212. 1352, as applicable.
Added by Acts 2001, 77th Leg. , ch. 441, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg. , Ch. 1321 (H.B. 3461) , Sec. 2, eff.
September 1, 2005.
Sec. 212. 134. NOTICE AND PUBLIC HEARING REQUIREMENTS. (a)
Before a moratorium on property development may be imposed, a
municipality must conduct public hearings as provided by this
section.
(b) A public hearing must provide municipal residents and
affected parties an opportunity to be heard. The municipality must
publish notice of the time and place of a hearing in a newspaper of
general circulation in the municipality on the fourth day before
the date of the hearing.
(c) Beginning on the fifth business day after the date a
notice is published under Subsection (b) , a temporary moratorium
takes effect. During the period of the temporary moratorium, a
municipality may stop accepting permits, authorizations, and
approvals necessary for the subdivision of, site planning of, or
construction on real property.
(d) One public hearing must be held before the governing
body of the municipality. Another public hearing must be held
before the municipal zoning commission, if the municipality has a
zoning commission.
48
(e) If a general-law municipality does not have a zoning
commission, two public hearings separated by at least four days
must he held before the governing body of the municipality.
(f) Within 12 days after the date of the first public
hearing, the municipality shall make a final determination on the
imposition of a moratorium. Before an ordinance adopting a
moratorium may he imposed, the ordinance must he given at least two
readings by the governing body of the municipality. The readings
must he separated by at least four days. If the municipality fails
to adopt an ordinance imposing a moratorium within the period
prescribed by this subsection, an ordinance imposing a moratorium
may not he adopted, and the temporary moratorium imposed under
Subsection (c) expires.
Added by Acts 2001, 77th Leg. , ch. 441, Sec. I, eff. Sept. I, 2001.
Sec. 212. 135. JUSTIFICATION FOR MORATORIUM: SHORTAGE OF
ESSENTIAL PUBLIC FACILITIES; WRITTEN FINDINGS REQUIRED. (a) If a
municipality adopts a moratorium on property development, the
moratorium is justified by demonstrating a need to prevent a
shortage of essential public facilities. The municipality must
issue written findings based on reasonably available information.
(h) The written findings must include a summary of:
(1) evidence demonstrating the extent of need beyond
the estimated capacity of existing essential public facilities that
is expected to result from new property development, including
identifying:
(A) any essential public facilities currently
operating near, at, or beyond capacity;
(B) the portion of that capacity committed to the
development subject to the moratorium; and
(C) the impact fee revenue allocated to address
the facility need; and
(2) evidence demonstrating that the moratorium is
reasonably limited to:
(A) areas of the municipality where a shortage of
essential public facilities would otherwise occur; and
(B) property that has not been approved for
49
development because of the insufficiency of existing essential
public facilities.
Added by Acts 2001, 77th Leg. , ch. 441, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg. , Ch. 1321 (H.B. 3461) , Sec. 2, eff.
September 1, 2005.
Sec. 212. 1351. JUSTIFICATION FOR MORATORIUM: SIGNIFICANT
NEED FOR PUBLIC FACILITIES; WRITTEN FINDINGS REQUIRED. (a) Except
as provided by Section 212. 1352, a moratorium that is not based on a
shortage of essential public facilities is justified only by
demonstrating a significant need for other public facilities,
including police and fire facilities. For purposes of this
subsection, a significant need for public facilities is established
if the failure to provide those public facilities would result in an
overcapacity of public facilities or would be detrimental to the
health, safety, and welfare of the residents of the
municipality. The municipality must issue written findings based
on reasonably available information.
(b) The written findings must include a summary of:
(1) evidence demonstrating that applying existing
development ordinances or regulations and other applicable laws is
inadequate to prevent the new development from causing the
overcapacity of municipal infrastructure or being detrimental to
the public health, safety, and welfare in an affected geographical
area;
(2) evidence demonstrating that alternative methods
of achieving the objectives of the moratorium are unsatisfactory;
and
(3) evidence demonstrating that the municipality has
approved a working plan and time schedule for achieving the
objectives of the moratorium.
Added by Acts 2005, 79th Leg. , Ch. 1321 (H.B. 3461) , Sec. 2, eff.
September 1, 2005.
Sec. 212. 1352. JUSTIFICATION FOR COMMERCIAL MORATORIUM IN
CERTAIN CIRCUMSTANCES; WRITTEN FINDINGS REQUIRED. (a) If a
50
municipality adopts a moratorium on commercial property
development that is not based on a demonstrated shortage of
essential public facilities, the municipality must issue written
findings based on reasonably available information that the
moratorium is justified by demonstrating that applying existing
commercial development ordinances or regulations and other
applicable laws is inadequate to prevent the new development from
being detrimental to the public health, safety, or welfare of the
residents of the municipality.
(h) The written findings must include a summary of:
(1) evidence demonstrating the need to adopt new
ordinances or regulations or to amend existing ordinances,
including identification of the harm to the public health, safety,
or welfare that will occur if a moratorium is not adopted;
(2) the geographical boundaries in which the
moratorium will apply;
(3) the specific types of commercial property to which
the moratorium will apply; and
(4) the objectives or goals to he achieved by adopting
new ordinances or regulations or amending existing ordinances or
regulations during the period the moratorium is in effect.
Added by Acts 2005, 79th Leg. , Ch. 1321 (H.B. 3461) , Sec. 2, eff.
September 1, 2005.
Sec. 212. 136. EXPIRATION OF MORATORIUM; EXTENSION. A
moratorium adopted under Section 212. 135 or 212. 1351 expires on the
120th day after the date the moratorium is adopted unless the
municipality extends the moratorium hy:
(1) holding a public hearing on the proposed extension
of the moratorium; and
(2) adopting written findings that:
(A) identify the problem requiring the need for
extending the moratorium;
(B) describe the reasonable progress made to
alleviate the problem; and
(C) specify a definite duration for the renewal
period of the moratorium.
51
Added by Acts 2001, 77th Leg. , ch. 441, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg. , Ch. 1321 (H.B. 3461) , Sec. 2, eff.
September 1, 2005.
Sec. 212. 1361. NOTICE FOR EXTENSION REQUIRED. A
municipality proposing an extension of a moratorium under this
subchapter must publish notice in a newspaper of general
circulation in the municipality not later than the 15th day before
the date of the hearing required by this subchapter.
Added by Acts 2005, 79th Leg. , Ch. 1321 (H.B. 3461) , Sec. 2, eff.
September 1, 2005.
Sec. 212. 1362. EXPIRATION OF MORATORIUM ON COMMERCIAL
PROPERTY IN CERTAIN CIRCUMSTANCES; EXTENSION. (a) A moratorium on
commercial property adopted under Section 212. 1352 expires on the
90th day after the date the moratorium is adopted unless the
municipality extends the moratorium by:
(1) holding a public hearing on the proposed extension
of the moratorium; and
(2) adopting written findings that:
(A) identify the problem requiring the need for
extending the moratorium;
(B) describe the reasonable progress made to
alleviate the problem;
(C) specify a definite duration for the renewal
period of the moratorium; and
(D) include a summary of evidence demonstrating
that the problem will be resolved within the extended duration of
the moratorium.
(b) A municipality may not adopt a moratorium on commercial
property under Section 212. 1352 that exceeds an aggregate of 180
days. A municipality may not adopt a moratorium on commercial
property under Section 212. 1352 before the second anniversary of
the expiration date of a previous moratorium if the subsequent
moratorium addresses the same harm, affects the same type of
commercial property, or affects the same geographical area
52
identified by the previous moratorium.
Added by Acts 2005, 79th Leg. , Ch. 1321 (H.B. 3461) , Sec. 2, eff.
September 1, 2005.
Sec. 212. 137. WAIVER PROCEDURES REQUIRED. (a) A moratorium
adopted under this subchapter must allow a permit applicant to
apply for a waiver from the moratorium relating to the property
subject to the permit by:
(1) claiming a right obtained under a development
agreement; or
(2) providing the public facilities that are the
subject of the moratorium at the landowner's cost.
(b) The permit applicant must submit the reasons for the
request to the governing body of the municipality in writing. The
governing body of the municipality must vote on whether to grant the
waiver request within 10 days after the date of receiving the
written request.
Added by Acts 2001, 77th Leg. , ch. 441, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg. , Ch. 1321 (H.B. 3461) , Sec. 2, eff.
September 1, 2005.
Sec. 212. 138. EFFECT ON OTHER LAW. A moratorium adopted
under this subchapter does not affect the rights acquired under
Chapter 245 or common law.
Added by Acts 2001, 77th Leg. , ch. 441, Sec. 1, eff. Sept. 1, 2001.
Sec. 212. 139. LIMITATION ON MORATORIUM. (a) A moratorium
adopted under this subchapter does not affect an application for a
project in progress under Chapter 245.
(b) A municipality may not adopt a moratorium under this
subchapter that:
(1) prohibits a person from filing or processing an
application for a project in progress under Chapter 245; or
(2) prohibits or delays the processing of an
application for zoning filed before the effective date of the
moratorium.
53
Added by Acts 2005, 79th Leg. , Ch. 1321 (H.B. 3461) , Sec. 2, eff.
September 1, 2005.
SUBCHAPTER F. ENFORCEMENT OF LAND USE RESTRICTIONS CONTAINED IN
PLATS AND OTHER INSTRUMENTS
Sec. 212. 151. MUNICIPALITY COVERED BY SUBCHAPTER. This
subchapter applies only to a municipality:
(1) with a population of 1.5 million or more that
passes an ordinance that requires uniform application and
enforcement of this subchapter with regard to all property and
residents;
(2) with a population of less than 4,500 that:
(A) is located in two counties, one of which has a
population greater than 45,000; and
(B) borders Lake Lyndon B. Johnson; or
(3) that does not have zoning ordinances and passes an
ordinance that requires uniform application and enforcement of this
subchapter with regard to all property and residents.
Acts 1987, 70th Leg. , ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1991, 72nd Leg. , ch. 893, Sec. 1, eff. Sept. 1, 1991.
Renumbered from Local Government Code Sec. 230.001 by Acts 2001,
77th Leg. , ch. 1420, Sec. 12.002(1) , eff. Sept. 1, 2001. Renumbered
from Local Government Code Sec. 212. 131 by Acts 2003, 78th Leg. , ch.
1275, Sec. 2 (107) , eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg. , R.S. , Ch. 475 (S.B. 1090) , Sec. 3, eff.
September 1, 2021.
Acts 2023, 88th Leg. , R.S. , Ch. 644 (H.B. 4559) , Sec. 141,
eff. September 1, 2023.
Sec. 212. 152. DEFINITION. In this subchapter,
"restriction" means a land-use regulation that:
(1) affects the character of the use to which real
property, including residential and rental property, may be put;
(2) fixes the distance that a structure must be set
back from property lines, street lines, or lot lines;
54
(3) affects the size of a lot or the size, type, and
number of structures that may he built on the lot;
(4) regulates or restricts the type of activities that
may take place on the property, including commercial activities,
sweepstakes activities, keeping of animals, use of fire, nuisance
activities, vehicle storage, and parking;
(5) regulates architectural features of a structure,
construction of fences, landscaping, garbage disposal, or noise
levels; or
(6) specifies the type of maintenance that must he
performed on a lot or structure, including maintenance of a yard or
fence.
Acts 1987, 70th Leg. , ch. 149, Sec. I, eff. Sept. I, 1987.
Renumbered from Local Government Code, Sec. 230.002 by Acts 2001,
77th Leg. , ch. 1420, Sec. 12.002(I) , eff. Sept. I, 2001. Amended by
Acts 2003, 78th Leg. , ch. 1044, Sec. I, eff. Sept. I, 2003.
Renumbered from Local Government Code, Sec. 212. 132 by Acts 2003,
78th Leg. , ch. 1275, Sec. 2 (107) , eff. Sept. I, 2003.
Sec. 212. 153. SUIT TO ENFORCE RESTRICTIONS. (a) Except as
provided by Subsection (h) , the municipality may sue in any court of
competent jurisdiction to enjoin or abate a violation of a
restriction contained or incorporated by reference in a properly
recorded plan, plat, or other instrument that affects a subdivision
located inside the boundaries of the municipality.
(h) The municipality may not initiate or maintain a suit to
enjoin or abate a violation of a restriction if a property owners'
association with the authority to enforce the restriction files
suit to enforce the restriction.
(c) In a suit by a property owners' association to enforce a
restriction, the association may not submit into evidence or
otherwise use the work product of the municipality's legal counsel.
(d) In a suit filed under this section alleging that any of
the following activities violates a restriction limiting property
to residential use, it is not a defense that the activity is
incidental to the residential use of the property:
(1) storing a tow truck, crane, moving van or truck,
55
dump truck, cement mixer, earth-moving device, or trailer longer
than 20 feet; or
(2) repairing or offering for sale more than two motor
vehicles in a 12-month period.
(e) A municipality may not enforce a deed restriction which
purports to regulate or restrict the rights granted to public
utilities to install, operate, maintain, replace, and remove
facilities within easements and private or public rights-of-way.
Acts 1987, 70th Leg. , ch. 149, Sec. 1, eff. Sept. 1, 1987.
Renumbered from Local Government Code, Sec. 230.003 by Acts 2001,
77th Leg. , ch. 1420, Sec. 12.002, eff. Sept. 1, 2001. Amended by
Acts 2003, 78th Leg. , ch. 1044, Sec. 2, eff. Sept 1, 2003.
Renumbered from Local Government Code, Sec. 212. 133 by Acts 2003,
78th Leg. , ch. 1275, Sec. 2 (107) , eff. Sept. 1, 2003.
Sec. 212. 1535. FORECLOSURE BY PROPERTY OWNERS'
ASSOCIATION. (a) A municipality may not participate in a suit or
other proceeding to foreclose a property owners' association's lien
on real property.
(h) In a suit or other proceeding to foreclose a property
owners' association's lien on real property in the subdivision, the
association may not submit into evidence or otherwise use the work
product of the municipality's legal counsel.
Added by Acts 2003, 78th Leg. , ch. 1044, Sec. 4, eff. Sept. 1, 2003.
Renumbered from Local Government Code, Section 212. 1335 by Acts
2007, 80th Leg. , R.S. , Ch. 921 (H.B. 3167) , Sec. 17.001(53) , eff.
September 1, 2007
Sec. 212. 154. LIMITATION ON ENFORCEMENT. A restriction
contained in a plan, plat, or other instrument that was properly
recorded before August 30, 1965, may he enforced as provided by
Section 212. 153, but a violation of a restriction that occurred
before that date may not he enjoined or abated by the municipality
as long as the nature of the violation remains unchanged.
Acts 1987, 70th Leg. , ch. 149, Sec. 1, eff. Sept. 1, 1987.
Renumbered from Local Government Code Sec. 230.004 and amended by
Acts 2001, 77th Leg. , ch. 1420, Sec. 12.002(1) , eff. Sept. 1, 2001.
56
Renumbered from Local Government Code Sec. 212. 134 and amended by
Acts 2003, 78th Leg. , ch. 1275, Sec. 2 (107) , 3(33) , eff. Sept. 1,
2003.
Sec. 212. 155. NOTICE TO PURCHASERS. (a) The governing body
of the municipality may require, in the manner prescribed by law for
official action of the municipality, any person who sells or
conveys restricted property located inside the boundaries of the
municipality to first give to the purchaser written notice of the
restrictions and notice of the municipality's right to enforce
compliance.
(b) If the municipality elects under this section to require
that notice be given, the notice to the purchaser shall contain the
following information:
(1) the name of each purchaser;
(2) the name of each seller;
(3) a legal description of the property;
(4) the street address of the property;
(5) a statement that the property is subject to deed
restrictions and the municipality is authorized to enforce the
restrictions;
(6) a reference to the volume and page, clerk's file
number, or film code number where the restrictions are recorded;
and
(7) a statement that provisions that restrict the
sale, rental, or use of the real property on the basis of race,
color, religion, sex, or national origin are unenforceable.
(c) If the municipality elects under this section to require
that notice be given, the following procedure shall be followed to
ensure the delivery and recordation of the notice:
(1) the notice shall be given to the purchaser at or
before the final closing of the sale and purchase;
(2) the seller and purchaser shall sign and
acknowledge the notice; and
(3) following the execution, acknowledgment, and
closing of the sale and purchase, the notice shall be recorded in
the real property records of the county in which the property is
57
located.
(d) If the municipality elects under this section to require
that notice he given:
(1) the municipality shall file in the real property
records of the county clerk's office in each county in which the
municipality is located a copy of the form of notice, with its
effective date, that is prescribed for use by any person who sells
or conveys restricted property located inside the boundaries of the
municipality;
(2) all sellers and all persons completing the
prescribed notice on the seller's behalf are entitled to rely on the
currently effective form filed by the municipality;
(3) the municipality may prescribe a penalty against a
seller, not to exceed $500, for the failure of the seller to obtain
the execution and recordation of the notice; and
(4) an action may not he maintained by the
municipality against a seller to collect a penalty for the failure
to obtain the execution and recordation of the notice if the
municipality has not filed for record the form of notice with the
county clerk of the appropriate county.
(e) This section does not limit the seller's right to
recover a penalty, or any part of a penalty, imposed pursuant to
Subsection (d) (3) from a third party for the negligent failure to
obtain the execution or proper recordation of the notice.
(f) The failure of the seller to comply with the
requirements of this section and the implementing municipal
regulation does not affect the validity or enforceability of the
sale or conveyance of restricted property or the validity or
enforceability of restrictions covering the property.
(g) For the purposes of this section, an executory contract
of purchase and sale having a performance period of more than six
months is considered a sale under Subsection (a) .
(h) For the purposes of the disclosure required by this
section, restrictions may not include provisions that restrict the
sale, rental, or use of property on the basis of race, color,
religion, sex, or national origin and may not include any
restrictions that by their express provisions have terminated.
58
Added by Acts 1989, 71st Leg. , ch. 446, Sec. 1, eff. June 14, 1989.
Renumbered from Local Government Code Sec. 230.005 by Acts 2001,
77th Leg. , ch. 1420, Sec. 12.002(1) , eff. Sept. 1, 2001. Renumbered
from Local Government Code Sec. 212. 135 by Acts 2003, 78th Leg. , ch.
1275, Sec. 2 (107) , eff. Sept. 1, 2003.
Sec. 212. 156. ENFORCEMENT BY ORDINANCE; CIVIL PENALTY.
(a) The governing body of the municipality by ordinance may require
compliance with a restriction contained or incorporated by
reference in a properly recorded plan, plat, or other instrument
that affects a subdivision located inside the boundaries of the
municipality.
(b) The municipality may bring a civil action to recover a
civil penalty for a violation of the restriction. The municipality
may bring an action and recover the penalty in the same manner as a
municipality may bring an action and recover a penalty under
Subchapter B, Chapter 54.
(c) For the purposes of an ordinance adopted under this
section, restrictions do not include provisions that restrict the
sale, rental, or use of property on the basis of race, color,
religion, sex, or national origin and do not include any
restrictions that by their express provisions have terminated.
Added by Acts 1991, 72nd Leg. , ch. 893, Sec. 2, eff. Sept. 1, 1991.
Renumbered from Local Government Code Sec. 230.006 by Acts 2001,
77th Leg. , ch. 1420, Sec. 12.002(1) , eff. Sept. 1, 2001. Renumbered
from Local Government Code Sec. 212. 136 by Acts 2003, 78th Leg. , ch.
1275, Sec. 2 (107) , eff. Sept. 1, 2003.
Sec. 212. 157. GOVERNMENTAL FUNCTION. An action filed by a
municipality under this subchapter to enforce a land use
restriction is a governmental function of the municipality.
Added by Acts 2001, 77th Leg. , ch. 1399, Sec. 2, eff. June 16, 2001.
Renumbered from Local Government Code, Section 230.007 by Acts
2007, 80th Leg. , R.S. , Ch. 921 (H.B. 3167) , Sec. 17.001(56) , eff.
September 1, 2007
Sec. 212. 158. EFFECT ON OTHER LAW. This subchapter does not
59
prohibit the exhibition, play, or necessary incidental action
thereto of a sweepstakes not prohibited by Chapter 622, Business &
Commerce Code.
Added by Acts 2003, 78th Leg. , ch. 1044, Sec. 5, eff. Sept. 1, 2003.
Amended hy:
Acts 2007, 80th Leg. , R.S. , Ch. 885 (H.B. 2278) , Sec. 2.25,
eff.. April 1, 2009.
Renumbered from Local Government Code, Section 212. 138 by Acts
2007, 80th Leg. , R.S. , Ch. 921 (H.B. 3167) , Sec. 17.001(54) , eff.
September 1, 2007.
SUBCHAPTER G. AGREEMENT GOVERNING CERTAIN LAND IN A MUNICIPALITY'S
EXTRATERRITORIAL JURISDICTION
Sec. 212. 171. APPLICABILITY. This subchapter does not
apply to land located in the extraterritorial jurisdiction of a
municipality with a population of 1.9 million or more.
Added by Acts 2003, 78th Leg. , ch. 522, Sec. 1, eff. June 20, 2003.
Sec. 212. 172. DEVELOPMENT AGREEMENT. (a) In this
subchapter:
(1) "Adjudication" of a claim means the bringing of a
civil suit and prosecution to final judgment in county or state
court and includes the bringing of an authorized arbitration
proceeding and prosecution to final resolution in accordance with
any mandatory procedures established in the contract agreement for
the arbitration proceedings.
(2) "Contract" means a contract for a development
agreement authorized by this subchapter.
(3) "Extraterritorial jurisdiction" means a
municipality's extraterritorial jurisdiction as determined under
Chapter 42.
(h) The governing body of a municipality may make a written
contract with an owner of land that is located in the
extraterritorial jurisdiction of the municipality to:
(1) guarantee the continuation of the
extraterritorial status of the land and its immunity from
60
annexation by the municipality;
(2) extend the municipality's planning authority over
the land by providing for a development plan to be prepared by the
landowner and approved by the municipality under which certain
general uses and development of the land are authorized;
(3) authorize enforcement by the municipality of
certain municipal land use and development regulations in the same
manner the regulations are enforced within the municipality's
boundaries;
(4) authorize enforcement by the municipality of land
use and development regulations other than those that apply within
the municipality's boundaries, as may be agreed to by the landowner
and the municipality;
(5) provide for infrastructure for the land,
including:
(A) streets and roads;
(B) street and road drainage;
(C) land drainage; and
(D) water, wastewater, and other utility
systems;
(6) authorize enforcement of environmental
regulations;
(7) provide for the annexation of the land as a whole
or in parts and to provide for the terms of annexation, if
annexation is agreed to by the parties;
(8) specify the uses and development of the land
before and after annexation, if annexation is agreed to by the
parties; or
(9) include other lawful terms and considerations the
parties consider appropriate.
(b-1) At the time a municipality makes an offer to a
landowner to enter into an agreement under this subchapter, the
municipality must provide the landowner with a written disclosure
that includes:
(1) a statement that the landowner is not required to
enter into the agreement;
(2) the authority under which the municipality may
61
annex the land with references to relevant law;
(3) a plain-language description of the annexation
procedures applicable to the land;
(4) whether the procedures require the landowner's
consent; and
(5) a statement regarding the municipality's waiver of
immunity to suit.
(h-2) An agreement for which a disclosure is not provided in
accordance with Subsection (h-1) is void.
(c) A contract must:
(1) he in writing;
(2) contain an adequate legal description of the land;
(3) he approved by the governing body of the
municipality and the landowner; and
(4) he recorded in the real property records of each
county in which any part of the land that is subject to the contract
is located.
(d) The total duration of the contract and any successive
renewals or extensions may not exceed 45 years.
(e) A municipality in an affected county, as defined by
Section 16.341, Water Code, may not enter into a contract that is
inconsistent with the model rules adopted under Section 16.343,
Water Code.
(f) The contract between the governing body of the
municipality and the landowner is binding on the municipality and
the landowner and on their respective successors and assigns for
the term of the contract. The contract is not binding on, and does
not create any encumbrance to title as to, any end-buyer of a fully
developed and improved lot within the development, except for land
use and development regulations that may apply to a specific
lot. Annexation by a municipality of land subject to a contract
does not invalidate the enforceability of the contract or infringe
on the rights of a party to adjudicate a claim arising under the
contract.
(g) A contract:
(1) constitutes a permit under Chapter 245; and
(2) is a program authorized by the legislature under
62
Section 52-a, Article III, Texas Constitution.
(h) A contract between a municipality and a landowner
entered into prior to the effective date of this section, or any
amendment to this section, and that complies with this section is
validated, enforceable, and may he adjudicated subject to the terms
and conditions of this subchapter, as amended.
(i) A municipality that enters into a contract waives
immunity from suit for the purpose of adjudicating a claim for
breach of the contract.
(j ) Except as provided by Subsection (k) , actual damages,
specific performance, or injunctive relief may he granted in an
adjudication brought against a municipality for breach of a
contract. The total amount of money awarded in an adjudication
brought against a municipality for breach of a contract is limited
to the following:
(1) the balance due and owed by the municipality under
the contract as it may have been amended;
(2) any amount owed by the landowner as a result of the
municipality's failure to perform under the contract, including
compensation for the increased cost of infrastructure as a result
of delays or accelerations caused by the municipality;
(3) reasonable attorney's fees; and
(4) interest as allowed by law, including interest as
calculated under Chapter 2251, Government Code.
(k) Damages awarded in an adjudication brought against a
municipality for breach of a contract may not include:
(1) consequential damages, except as expressly
allowed under Subsection (j ) (2) ; or
(2) exemplary damages.
Added by Acts 2003, 78th Leg. , ch. 522, Sec. 1, eff. June 20, 2003.
Amended hy:
Acts 2011, 82nd Leg. , R.S. , Ch. 281 (H.B. 1643) , Sec. 1, eff.
June 17, 2011.
Acts 2021, 87th Leg. , R.S. Ch. 103 (S.B. 1338) , Sec. 2, eff.
September 1, 2021.
Acts 2021, 87th Leg. , R.S. , Ch. 678 (H.B. 1929) , Sec. 1, eff..
September 1, 2021.
63
Sec. 212. 173. CERTAIN COASTAL AREAS. This subchapter does
not apply to, limit, or otherwise affect any ordinance, order,
rule, plan, or standard adopted by this state or a state agency,
county, municipality, or other political subdivision of this state
under the federal Coastal Zone Management Act of 1972 (16 U.S.C.
Section 1451 et seq. ) , and its subsequent amendments, or Subtitle
E, Title 2, Natural Resources Code.
Added by Acts 2003, 78th Leg. , ch. 522, Sec. 1, eff. June 20, 2003.
Sec. 212. 174. MUNICIPAL UTILITIES. A municipality may not
require a contract as a condition for providing water, sewer,
electricity, gas, or other utility service from a municipally owned
or municipally operated utility that provides any of those
services.
Added by Acts 2003, 78th Leg. , ch. 522, Sec. 1, eff. June 20, 2003.
Amended hy:
Acts 2021, 87th Leg. , R.S. , Ch. 678 (H.B. 1929) , Sec. 2, eff..
September 1, 2021.
SUBCHAPTER H. MULTIFAMILY, HOTEL, AND MOTEL PARKLAND DEDICATION:
MUNICIPALITIES WITH POPULATION OF MORE THAN 800,000
Sec. 212.201. DEFINITIONS. In this subchapter:
(1) "Affordable dwelling unit" means a residential
unit offered at a below market rate for rent or sale under a
municipal, county, state, or federal program.
(2) "Consumer price index" means the Consumer Price
Index for All Urban Consumers (CPI-U) , U.S. City Average, published
by the Bureau of Labor Statistics of the United States Department of
Labor or its successor in function.
(3) "Improvement" and "market value" have the meanings
assigned by Section 1.04, Tax Code.
(4) "Land value" means the market value of land per
acre, not including an improvement to the land.
(5) "Median family income" means the United States
Census Bureau's most recent American Community Survey's five-year
64
estimate of median family income for all families within the
applicable municipality.
(6) "Multifamily unit" means a residential unit other
than a detached single-family or two-family dwelling.
(7) "Parkland" means an area that is designated as a
park for the purpose of recreational activity. The term includes
an open space, a recreational facility, and a trail.
(8) "Parkland dedication" means the fee simple
transfer of land or the dedication of an easement to a municipality
for nonexclusive use as parkland.
(9) "Parkland dedication fee" means a fee imposed by a
municipality on a landowner for the acquisition, development,
repair, and maintenance of parkland.
(10) "Plan" means a subdivision development plan,
subdivision plan, site plan, land development plan, and site
development plan each proposing the development of multifamily,
hotel, or motel units.
Added by Acts 2023, 88th Leg. , R.S. , Ch. 493 (H.B. 1526) , Sec. 1,
eff.. June 10, 2023.
Sec. 212.202. APPLICABILITY. This subchapter applies only
to a municipality with a population of more than 800,000.
Added by Acts 2023, 88th Leg. , R.S. , Ch. 493 (H.B. 1526) , Sec. 1,
eff.. June 10, 2023.
Sec. 212.203. CONSTRUCTION. This subchapter may not he
construed to prohibit a municipality from requiring by ordinance a
landowner to dedicate a portion of the landowner's property for
parkland use, impose a parkland dedication fee, or both require the
dedication and impose the fee for the development of single-family
or two-family uses.
Added by Acts 2023, 88th Leg. , R.S. , Ch. 493 (H.B. 1526) , Sec. 1,
eff.. June 10, 2023.
Sec. 212.204. EXCLUSIVE AUTHORITY; LIMITATION.
(a) Notwithstanding any other law, a municipality has exclusive
authority within its boundaries to require the dedication of
65
parkland, impose a parkland dedication fee, or both require the
dedication and impose the fee. A municipality may not delegate
that authority to another political subdivision.
(b) A municipality may only exercise its authority under
this section through a plan application in accordance with this
subchapter.
Added by Acts 2023, 88th Leg. , R.S. , Ch. 493 (H.B. 1526) , Sec. 1,
eff.. June 10, 2023.
Sec. 212.205. PARKLAND DEDICATION, FEE, OR COMBINATION.
(a) A municipality may require a landowner to dedicate a portion
of the landowner's property for parkland use, impose a parkland
dedication fee, or both require the dedication and impose the fee
under a plan application filed under this subchapter by:
(1) paying a fee set in accordance with Section
212.210(b) or 212.211(b) , as applicable; or
(2) dedicating a portion up to the maximum size
authorized under Section 212.208 and paying a reduced fee set in
accordance with Section 212.210(d) or 212.211(c) , as applicable.
(b) A municipality may allow a landowner to elect a parkland
dedication, a parkland dedication fee, or a dedication and fee
under Subsection (a) .
Added by Acts 2023, 88th Leg. , R.S. , Ch. 493 (H.B. 1526) , Sec. 1,
eff.. June 10, 2023.
Sec. 212.206. REQUEST FOR PARKLAND DEDICATION
DETERMINATION. (a) A landowner may, at the landowner's sole
discretion, make a written request to a municipality that the
municipality make a timely determination of the dedication amount
the municipality will impose under the municipality's parkland
dedication requirements as applied to the landowner's property
being considered for development.
(b) A municipality may make a reasonable written request to
the landowner for additional information that is:
(1) publicly and readily available; and
(2) necessary to provide a determination under this
section.
66
(c) A municipality shall respond in writing to a request
made under Subsection (a) not later than the 30th day after the date
the municipality receives a completed request. If the municipality
fails to respond in accordance with this subsection, the
municipality may not require a parkland dedication as a condition
of approval of a proposed plan or application for property that is
the suhj ect of the request.
(d) A parkland dedication determination issued under this
section:
(1) is a legally binding determination of the amount
of the landowner's parkland dedication for the property that is the
subject of the determination; and
(2) is applicable to the property that is the subject
of the determination for a period that is the lesser of:
(A) two years; or
(B) the time between the date the determination
is issued and the date a plan application is filed that uses or
relies on the determination.
(e) A landowner may release in writing a municipality from a
determination made under this section.
Added by Acts 2023, 88th Leg. , R.S. , Ch. 493 (H.B. 1526) , Sec. 1,
eff.. June 10, 2023.
Sec. 212.207. PARKLAND DEDICATION AUTHORITY. (a) A
municipality may not require a parkland dedication, impose a
parkland dedication fee, or both require the dedication and impose
the fee for any commercial use. For the purpose of this section, a
commercial use does not include a multifamily, hotel, or motel use.
(h) If a plan application submitted to a municipality
proposes development of the land subject to the application that
includes both multifamily, hotel, or motel and commercial uses, the
municipality shall determine the amount of a parkland dedication
based only on the pro rata portion of the land proposed for
multifamily, hotel, or motel use.
Added by Acts 2023, 88th Leg. , R.S. , Ch. 493 (H.B. 1526) , Sec. 1,
eff.. June 10, 2023.
67
Sec. 212.208. LIMITATION ON PARKLAND DEDICATION AMOUNT. A
municipality may not require a landowner to dedicate as parkland
under this subchapter more than 10 percent, without adjustment or
disqualification for impairment, of the gross site area of the land
subject to a plan application.
Added by Acts 2023, 88th Leg. , R.S. , Ch. 493 (H.B. 1526) , Sec. 1,
eff.. June 10, 2023.
Sec. 212.209. INITIAL REQUIREMENTS FOR DETERMINING FEES.
(a) For purposes of determining the amount of a fee imposed under
this section, the governing body of a municipality, after providing
at least 30 days' public notice and holding a public hearing, shall
by official action designate all territory within its municipal
boundaries as a suburban area, urban area, or central business
district area. The governing body may use the same designation for
multiple areas in the municipality. The governing body may amend a
designation only during the adoption or amendment of a municipal
comprehensive plan under Chapter 213 .
(h) Not later than the loth day after the date the
municipality designates its territory under Subsection (a) , the
municipality shall notify each appraisal district in which the
municipality is wholly or partly located of the designation.
(c) Once every 10 years, each appraisal district in which
the municipality is wholly or partly located shall calculate and
provide to the municipality the average land value for each area or
portion of an area designated by the municipality under Subsection
(a) that is located in the district.
(d) If multiple appraisal districts calculate an average
land value for different portions of an area designated under
Subsection (a) , the municipality shall determine the area's total
average land value hy:
(1) multiplying each district's calculated value for
the portion located in the district by the percentage, expressed as
a fraction, that the portion is to the total area; and
(2) adding the resulting amounts.
(e) In each year other than the year in which an appraisal
district calculates average land values under Subsection (c) , a
68
municipality shall calculate the average land value for each area
designated under Subsection (a) by multiplying the previous year's
average land value for the area by one plus the average consumer
price index for each month of the previous year.
(f) A municipality shall set the municipality's dwelling
unit factor, which reflects the number of parkland acres for each
dwelling unit proposed by a plan application. The factor may not he
more than:
(1) .005 for multifamily units; and
(2) .004 for rooms in a hotel or motel ordinarily used
for sleeping.
(g) A municipality shall set the municipality's density
factor, which reflects the diminishing expectation of parkland
acres per dwelling unit in increasingly dense urban environments,
for each area designated by the municipality under Subsection
(a) . The density factor may not he less than:
(1) one for the suburban area;
(2) four for the urban area; and
(3) 40 for the central business district area.
Added by Acts 2023, 88th Leg. , R.S. , Ch. 493 (H.B. 1526) , Sec. 1,
eff.. June 10, 2023.
Sec. 212.210. GENERAL REQUIREMENTS FOR CALCULATION OF FEES.
(a) This section applies only to a municipality to which Section
212.211 does not apply.
(h) A municipality shall determine the amount of a fee
imposed under Section 212.205(a) (1) for land subject to a plan
application hy:
(1) adding, as appropriate:
(A) the product of the number of multifamily
units proposed by the plan by the dwelling unit factor prescribed by
Section 212.209(f) (1) ; and
(B) the product of the number of hotel and motel
rooms ordinarily used for sleeping proposed by the plan by the
dwelling unit factor prescribed by Section 212.209(f) (2) ;
(2) multiplying the sum calculated under Subdivision
(1) by the average land value for the area in which the land is
69
located; and
(3) dividing the product calculated under Subdivision
(2) by the applicable density factor.
(c) For purposes of Subsection (h) (1) , a municipality shall
exclude from a plan application the number of affordable dwelling
units proposed by the plan.
(d) A municipality shall determine the amount of a fee
imposed under Section 212.205(a) (2) for land subject to a plan
application hy:
(1) calculating the amount of the fee for the land
under Subsection (h) ; and
(2) subtracting from the amount calculated under
Subdivision (1) the product of the land value applicable to the land
and the number of acres dedicated.
(e) If a calculation made under Subsection (d) results in a
negative number, the applicable landowner is entitled to receive
from the applicable municipality the amount equal to the positive
difference between the calculated amount and zero. The
municipality shall pay that amount to the landowner at the time of
transfer of fee simple title or the recording of the easement.
Added by Acts 2023, 88th Leg. , R.S. , Ch. 493 (H.B. 1526) , Sec. 1,
eff.. June 10, 2023.
Sec. 212.211. REQUIREMENTS CALCULATION OF FEES FOR
MUNICIPALITIES WITH LOW FEES. (a) This section applies only to a
municipality that after August 31, 2023, requires a parkland
dedication fee for a multifamily, hotel, or motel development in an
amount, calculated on a per dwelling unit basis, not greater than
two percent of the median family income.
(h) A municipality to which this section applies may set a
parkland dedication fee. If the municipality elects to set the fee
in an amount greater than two percent of the municipality's median
family income:
(1) this section no longer applies to the
municipality; and
(2) the municipality must set the fee in accordance
with Section 212.210.
70
(c) A municipality shall determine the amount of a fee
imposed under Section 212.205(a) (2) for land subject to a plan
application by subtracting from the amount of the fee set under
Subsection (h) the product of the land value applicable to the land
and the number of acres dedicated.
(d) If a calculation made under Subsection (c) results in a
negative number, the applicable landowner is entitled to receive
from the applicable municipality the amount equal to the positive
difference between the calculated amount and zero. The
municipality shall pay that amount to the landowner at the time of
transfer of fee simple title or the recording of the easement.
Added by Acts 2023, 88th Leg. , R.S. , Ch. 493 (H.B. 1526) , Sec. 1,
eff.. June 10, 2023.
Sec. 212.212. COLLECTION OF FEES. A municipality shall
provide a landowner a written determination of fees owed under this
subchapter before approving a plan application but may only collect
a fee authorized under this subchapter as a precondition to the
issuance of a final certificate of occupancy.
Added by Acts 2023, 88th Leg. , R.S. , Ch. 493 (H.B. 1526) , Sec. 1,
eff.. June 10, 2023.
Sec. 212.213. APPEAL. (a) A landowner may appeal a
determination made by a municipal department, hoard, or commission
regarding any element of a parkland dedication requirement,
including amount, orientation, or suitability, as that element
applies to the landowner's property, to the municipal planning
commission or, if the municipality has no planning commission, the
governing body of the municipality. The appeal must include a
requested adjudication of the issue in controversy.
(h) A landowner may appeal a municipal planning
commission's determination under Subsection (a) to the governing
body of the municipality.
(c) In an appeal under this section, a municipal planning
commission or governing body of a municipality may uphold, reverse,
or modify a parkland dedication requirement as applied to the
landowner making the appeal.
71
(d) A municipal planning commission or governing body of a
municipality shall uphold, reverse, or modify a parkland dedication
requirement that is the subject of an appeal not later than the 60th
day after the date the appeal is filed with the commission or
governing body. If the commission or governing body fails to act in
accordance with this subsection, the parkland dedication
requirement is considered resolved in favor of the landowner's
requested adjudication.
Added by Acts 2023, 88th Leg. , R.S. , Ch. 493 (H.B. 1526) , Sec. 1,
eff.. June 10, 2023.
SUBCHAPTER Z . MISCELLANEOUS PROVISIONS
Sec. 212.901. DEVELOPER REQUIRED TO PROVIDE SURETY. (a) To
ensure that it will not incur liabilities, a municipality may
require, before it gives approval of the plans for a development,
that the owner of the development provide sufficient surety to
guarantee that claims against the development will be satisfied if
a default occurs.
(b) This section does not preclude a claimant from seeking
recovery by other means.
Added by Acts 1989, 71st Leg. , ch. 1, Sec. 48(a) , eff. Aug. 28,
1989.
Sec. 212.902. SCHOOL DISTRICT AND OPEN-ENROLLMENT CHARTER
SCHOOL LAND DEVELOPMENT STANDARDS. (a) This section applies to an
agreement between a school district or open-enrollment charter
school and a municipality which has annexed territory for limited
purposes.
(b) On request by a school district or open-enrollment
charter school, a municipality shall enter an agreement with the
board of trustees of the school district or the governing body of
the open-enrollment charter school to establish review fees, review
periods, and land development standards ordinances and to provide
alternative water pollution control methodologies for school
buildings constructed by the school district or open-enrollment
charter school. The agreement shall include a provision exempting
72
the district or charter school from all land development ordinances
in cases where the district or charter school is adding temporary
classroom buildings on an existing school campus.
(c) If the municipality and the school district or
open-enrollment charter school do not reach an agreement on or
before the 120th day after the date on which the municipality
receives the district's or charter school's request for an
agreement, proposed agreements by the district or charter school
and the municipality shall he submitted to an independent
arbitrator appointed by the presiding district judge whose
jurisdiction includes the district or charter school. The
arbitrator shall, after a hearing at which both the district or
charter school and the municipality make presentations on their
proposed agreements, prepare an agreement resolving any
differences between the proposals. The agreement prepared by the
arbitrator will he final and binding upon both the district or
charter school and the municipality. The cost of the arbitration
proceeding shall he borne equally by the district or charter school
and the municipality.
(d) A school district or open-enrollment charter school
that requests an agreement under this section, at the time the
district or charter school makes the request, shall send a copy of
the request to the commissioner of education. At the end of the
120-day period, the requesting district or charter school shall
report to the commissioner the status or result of negotiations
with the municipality. A municipality may send a separate status
report to the commissioner. The district or charter school shall
send to the commissioner a copy of each agreement between the
district or charter school and a municipality under this section.
(e) An agreement between a municipality and an
open-enrollment charter school under Subsection (h) may require
that:
(1) any revised land development standards may apply
only while the property is used for purposes of the charter school;
and
(2) any property in use subject to land development
standards established only for an open-enrollment charter school
73
must be brought into compliance with all development regulations
applicable to non-school related commercial developments by the
property owner after closure or relocation of the charter school.
(f) In this section:
(1) "Land development standards" includes impervious
cover limitations, building setbacks, floor to area ratios,
building heights and coverage, water quality controls,
landscaping, development setbacks, compatibility standards,
traffic analyses, including traffic impact analyses, parking
requirements, signage requirements, and driveway cuts, if
applicable.
(2) "Open-enrollment charter school" means a school
granted a charter under Subchapter C, D, or E, Chapter 12, Education
Code.
(g) Nothing in this section shall be construed to limit the
applicability of or waive fees for fire, safety, health, or
building code ordinances of the municipality prior to or during
construction of school buildings, nor shall any agreement waive any
fee or modify any ordinance of a municipality for an
administration, service, or athletic facility proposed for
construction by a school district or open-enrollment charter
school.
Added by Acts 1990, 71st Leg. , 6th C.S. , ch. 1, Sec. 3.18, eff.
Sept. 1, 1990.
Amended by:
Acts 2023, 88th Leg. , R.S. , Ch. 699 (H.B. 1707) , Sec. 2, eff.
June 12, 2023.
Sec. 212.903. CONSTRUCTION AND RENOVATION WORK ON
COUNTY-OWNED BUILDINGS OR FACILITIES IN CERTAIN COUNTIES. (a)
This section applies only to a county with a population of 250,000
or more.
(b) A municipality is not authorized to require a county to
notify the municipality or obtain a building permit for any new
construction or renovation work performed within the limits of the
municipality by the county's personnel or by county personnel
acting as general contractor on county-owned buildings or
74
facilities. Such construction or renovation work shall he
inspected by a registered professional engineer or architect
licensed in this state in accordance with any other applicable law.
A municipality may require a building permit for construction or
renovation work performed on county-owned buildings or facilities
by private general contractors.
(c) This section does not exempt a county from complying
with a municipality's building code standards when performing
construction or renovation work.
Added by Acts 1997, 75th Leg. , ch. 271, Sec. 1, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg. , ch. 368, Sec. 1, eff. Aug. 30,
1999.
Sec. 212.904. APPORTIONMENT OF MUNICIPAL INFRASTRUCTURE
COSTS. (a) If a municipality requires, including under an
agreement under Chapter 242, as a condition of approval for a
property development project that the developer hear a portion of
the costs of municipal infrastructure improvements by the making of
dedications, the payment of fees, or the payment of construction
costs, the developer's portion of the costs may not exceed the
amount required for infrastructure improvements that are roughly
proportionate to the proposed development as approved by a
professional engineer who holds a license issued under Chapter
1001, Occupations Code, and is retained by the municipality. The
municipality's determination shall he completed within thirty days
following the submission of the developer's application for
determination under this subsection.
(h) A developer who disputes the determination made under
Subsection (a) may appeal to the governing body of the
municipality. At the appeal, the developer may present evidence
and testimony under procedures adopted by the governing
body. After hearing any testimony and reviewing the evidence, the
governing body shall make the applicable determination within 30
days following the final submission of any testimony or evidence by
the developer.
(c) A developer may appeal the determination of the
governing body to a county or district court of the county in which
75
the development project is located within 30 days of the final
determination by the governing body.
(d) A municipality may not require a developer to waive the
right of appeal authorized by this section as a condition of
approval for a development project.
(e) A developer who prevails in an appeal under this section
is entitled to applicable costs and to reasonable attorney's fees,
including expert witness fees.
(f) This section does not diminish the authority or modify
the procedures specified by Chapter 395.
Added by Acts 2005, 79th Leg. , Ch. 982 (H.B. 1835) , Sec. 1, eff.
June 18, 2005.
Amended hy:
Acts 2019, 86th Leg. , R.S. , Ch. 635 (S.B. 1510) , Sec. 1, eff.
June 10, 2019.
Sec. 212.905. REGULATION OF TREE REMOVAL. (a) In this
section:
(1) "Residential structure" means:
(A) a manufactured home as that term is defined
by Section 1201.003, Occupations Code;
(B) a detached one-family or two-family
dwelling, including the accessory structures of the dwelling;
(C) a multiple single-family dwelling that is not
more than three stories in height with a separate means of entry for
each dwelling, including the accessory structures of the dwelling;
or
(D) any other multifamily structure.
(2) "Tree mitigation fee" means a fee or charge
imposed by a municipality in connection with the removal of a tree
from private property.
(h) A municipality may not require a person to pay a tree
mitigation fee for the removed tree if the tree:
(1) is located on a property that is an existing
one-family or two-family dwelling that is the person's residence;
and
(2) is less than 10 inches in diameter at the point on
76
the trunk 4.5 feet above the ground.
(c) A municipality that imposes a tree mitigation fee for
tree removal on a person's property must allow that person to apply
for a credit for tree planting under this section to offset the
amount of the fee.
(d) An application for a credit under Subsection (c) must he
in the form and manner prescribed by the municipality. To qualify
for a credit under this section, a tree must he:
(1) planted on property:
(A) for which the tree mitigation fee was
assessed; or
(B) mutually agreed upon by the municipality and
the person; and
(2) at least two inches in diameter at the point on the
trunk 4.5 feet above ground.
(e) For purposes of Subsection (d) (1) (B) , the municipality
and the person may consult with an academic organization, state
agency, or nonprofit organization to identify an area for which
tree planting will best address the science-based benefits of trees
and other reforestation needs of the municipality.
(f) The amount of a credit provided to a person under this
section must he applied in the same manner as the tree mitigation
fee assessed against the person and:
(1) equal to the amount of the tree mitigation fee
assessed against the person if the property is an existing
one-family or two-family dwelling that is the person's residence;
(2) at least 50 percent of the amount of the tree
mitigation fee assessed against the person if:
(A) the property is a residential structure or
pertains to the development, construction, or renovation of a
residential structure; and
(B) the person is developing, constructing, or
renovating the property not for use as the person's residence; or
(3) at least 40 percent of the amount of the tree
mitigation fee assessed against the person if:
(A) the property is not a residential structure;
or
77
(B) the person is constructing or intends to
construct a structure on the property that is not a residential
structure.
(g) As long as the municipality meets the requirement to
provide a person a credit under Subsection (c) , this section does
not affect the ability of or require a municipality to determine:
(I) the type of trees that must he planted to receive a
credit under this section, except as provided by Subsection (d) ;
(2) the requirements for tree removal and
corresponding tree mitigation fees, if applicable;
(3) the requirements for tree-planting methods and
best management practices to ensure that the tree grows to the
anticipated height at maturity; or
(4) the amount of a tree mitigation fee.
(h) A municipality may not prohibit the removal of or impose
a tree mitigation fee for the removal of a tree that:
(I) is diseased or dead; or
(2) poses an imminent or immediate threat to persons
or property.
(i) This section does not apply to property within five
miles of a federal military base in active use as of December I,
2017.
Added by Acts 2017, 85th Leg. , lst C.S. , Ch. 7 (H.B. 7) , Sec. I, eff.
December I, 2017.
Sec. 212.906. CERTAIN VALUE-BASED FEES AND DISCLOSURE OF
CERTAIN INFORMATION PROHIBITED. (a) This section applies only to
an application, review, engineering, inspection, acceptance,
administrative, or other fee imposed by a municipality related to
the acceptance, review, or processing of engineering or
construction plans or for the inspection of improvements for
construction of a subdivision or lot or a related improvement
associated with or required in conjunction with that construction.
(h) A municipality may not consider the cost of constructing
or improving the public infrastructure for a subdivision, lot, or
related property development in determining the amount of a fee
subject to this section. The municipality shall determine the fee
78
by considering the municipality's actual cost to, as applicable,
review and process the engineering or construction plan or to
inspect the public infrastructure improvement.
(c) In determining the municipality's actual cost for
reviewing and processing an engineering or construction plan or
inspecting a public infrastructure improvement under Subsection
(b) , a municipality may consider:
(1) the fee that would be charged by a qualified,
independent third-party entity for those services;
(2) the hourly rate for the estimated actual direct
time of the municipality's employees performing those services; or
(3) the actual costs assessed to the municipality by a
third-party entity that provides those services to the
municipality.
(d) A municipality may not require the disclosure of
information related to the value of or cost of constructing or
improving a residential dwelling or the public infrastructure
improvements for a subdivision, lot, or related property
development as a condition of obtaining approval for subdivision
construction or for the acceptance of those public infrastructure
improvements except as required by the Federal Emergency Management
Agency for participation in the National Flood Insurance Program.
(e) A municipality that imposes a fee for reviewing or
processing an engineering or construction plan or inspecting a
public infrastructure improvement shall annually publish the fee
and the hourly rate and estimated direct time incurred by municipal
employees for a fee calculated under Subsection (c) (2) . The
municipality must publish the information:
(1) on the municipality's Internet website; or
(2) if the municipality does not maintain an Internet
website, in a newspaper of general circulation in the county in
which the municipality is primarily located.
Added by Acts 2023, 88th Leg. , R.S. , Ch. 534 (H.B. 3492) , Sec. I,
eff. September I, 2023.
79
"K
NOKTH KICHLAND HILLS
PLANNING AND ZONING COMMISSION
MEMORANDUM
FROM: Planning & Zoning Department DATE: March 7, 2024
SUBJECT: Approve Minutes of the February 15, 2024, Planning and Zoning
Commission meetings.
PRESENTER: Clayton Comstock, Director of Planning
SUMMARY:
The minutes are approved by majority vote of the Commission at the Planning and Zoning
Commission meetings.
GENERAL DESCRIPTION:
The Planning and Zoning Office prepares action minutes for each Planning and Zoning
Commission meeting. The minutes from each meeting are placed on a later agenda for
review and approval by the Commission. Upon approval of the minutes, an electronic
copy is uploaded to the City's website.
RECOMMENDATION:
Approve Minutes of the February 15, 2024, Planning and Zoning Commission meetings.
MINUTES OF THE WORK SESSION AND REGULAR MEETING
OF THE PLANNING AND ZONING COMMISSION OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS
HELD IN THE CITY HALL, 4301 CITY POINT DRIVE
FEBRUARY 15, 2024
WORK SESSION: 6:30 PM
A. CALL TO ORDER
The Planning and Zoning Commission of the City of North Richland Hills, Texas met
in work session on the 15th day of February 2024, at 6.30 p.m. in the City Council
Work Room prior to the 7.00 p.m. regular Planning and Zoning Commission
meeting.
Present: Justin Welborn Chair, Place 1
Jay Riscky Place 2
Jayashree Narayana Place 5
Anthony Bridges Place 6
Brianne Goetz Place 7
Kathy Luppy Alternate A
Absent: Greg Stamps Vice Chair, Place 4
Jared Ross Secretary, Place 5
Staff Members: Clayton Comstock Director of Planning
Clayton Husband Principal Planner
Chad VanSteenberg Planner
Caroline Waggoner Assistant City Manager
Nathan Frohman City Engineer
Chair Welborn called the work session to order at 6.30 p.m.
1 DIRECTOR OF PLANNING REPORT
Director of Planning Clayton Comstock presented the city announcements and
summarized recent City Council actions.
2 PRESENTATION BY STAFF ON ITEMS FROM THE REGULAR PLANNING
AND ZONING COMMISSION MEETING.
February 15, 2024
Planning and Zoning Commission Meeting Minutes
Page 1 of 10
Director of Planning Clayton Comstock discussed items on the regular meeting
agenda.
Chair Welborn adjourned the work session at 7.00 p.m.
REGULAR MEETING: Immediately following worksession (but not earlier than
7:00 pm)
A. CALL TO ORDER
Chair Welborn called the meeting to order at 7.06 p.m.
Present: Justin Welborn Chair, Place 1
Jay Riscky Place 2
Jayashree Narayana Place 5
Anthony Bridges Place 6
Brianne Goetz Place 7
Kathy Luppy Alternate A
Absent: Greg Stamps Vice Chair, Place 4
Jared Ross Secretary, Place 5
Staff Members: Clayton Comstock Director of Planning
Clayton Husband Principal Planner
Chad VanSteenberg Planner
Caroline Waggoner Assistant City Manager
Nathan Frohman City Engineer
A.1 PLEDGE
Alternate Luppy led the Pledge of Allegiance to the United States and Texas flags.
A.2 PUBLIC COMMENTS
There were no requests to speak from the public.
February 15, 2024
Planning and Zoning Commission Meeting Minutes
Page 2 of 10
B. MINUTES
BA APPROVE MINUTES OF THE JANUARY 18, 2024, PLANNING AND
ZONING COMMISSION MEETING.
APPROVED
A MOTION WAS MADE BY ALTERNATE LUPPY, SECONDED BY COMMISSIONER
BRIDGES TO APPROVE MINUTES OF THE JANUARY 18, 2024, PLANNING AND
ZONING COMMISSION MEETING.
MOTION TO APPROVE CARRIED 6-0.
C. PUBLIC HEARINGS
CA ZC23-0089 PUBLIC HEARING AND CONSIDERATION OF A REQUEST
FROM BARTON SURVEYING AND LASER SCANNING LLC FOR A
ZONING CHANGE FROM REA (RESIDENTIAL ESTATE) TO RE-2
(RESIDENTIAL ESTATE) AT 6809 LITTLE RANCH ROAD, BEING 0.55
ACRES DESCRIBED AS A PORTION OF LOT 7, BLOCK 1, MORGAN
MEADOWS.
DENIED
Chair Welborn stated since they are related items on the same property, items C.1
and D.1 would be presented together, but the Commission would take action on each
one separately.
Chair Welborn introduced the item, opened the public hearing, and called for
Planning Director Clayton Comstock to introduce the request. Mr. Comstock
introduced the request.
Chair Welborn called for the applicant to present the request.
Nikole Barton, Barton Surveying and Laser Scanning LLC, 2333 Minnis Drive, Haltom
City, Texas, presented the request.
Chair Welborn called for Mr. Comstock to present the staff report. Mr. Comstock
presented the staff report.
Commissioner Narayana and Mr. Comstock discussed the applicability of the new
February 15, 2024
Planning and Zoning Commission Meeting Minutes
Page 3 of 10
RE-2 zoning district in the areas and whether the concept of spot zoning is relevant
to this request. Mr. Comstock stated the zoning request is consistent with the
Vision203O Land Use Plan and that the single-family residential zoning districts do
not have a minimum size for the zoning district itself.
Chair Welborn, Commissioner Narayana, and Mr. Comstock discussed the
allowances for livestock in the Agricultural and RE-1 (Residential Estate) districts.
Chair Welborn called for anyone wishing to speak for or against the request to come
forward.
Gary Chambers, 6817 Little Ranch Road, North Richland Hills, Texas, spoke in
opposition to the request.
Mack Garvin, 6908 Little Ranch Road, North Richland Hills, Texas, spoke in
opposition to the request.
Dung Van Ho, 6917 Little Ranch Road, North Richland Hills, Texas, spoke in
opposition to the request.
Mervyn Newman, 6916 Little Ranch Road, North Richland Hills, Texas, spoke in
opposition to the request.
Scherri Garvin, 6900 Little Ranch Road, North Richland Hills, Texas, spoke in
opposition to the request.
Roseann Cady, 6921 Little Ranch Road, North Richland Hills, Texas, spoke in
opposition to the request.
James Bellamy, 6912 Little Ranch Road, North Richland Hills, Texas, spoke in
opposition to the request.
Tracy Bennett, 3825 Scruggs Drive, North Richland Hills, Texas, spoke in opposition
to the request.
Dianne Moody, 6900 Little Ranch Road, North Richland Hills, Texas, spoke in
opposition to the request.
Lori Hartzler, 6824 Little Ranch Road, North Richland Hills, Texas, recorded their
opposition to the request but did not wish to speak.
February 15, 2024
Planning and Zoning Commission Meeting Minutes
Page 4 of 10
Chair Welborn called for anyone wishing to speak for or against the request to come
forward. There being no one else wishing to speak, Chair Welborn closed the public
hearing.
Chair Welborn and Mr. Comstock discussed the effect of private deed restrictions
relative to this zoning request and the land use designation and density of less than
two units per acre recommended by the Vision203O Land Use Plan.
Commissioner Narayana and Mr. Comstock discussed the supermajority vote
requirements for approval of a zoning change when written opposition meets the
standards provided in state law. He stated the supermajority vote applies to City
Council and not the Commission.
Chair Welborn and Ms. Barton discussed whether a site plan or concept plan had
been prepared for development of the two lots and the various lot widths in the
subdivision. Ms. Barton stated a concept plan has not been prepared at this time.
Alternate Luppy and Ms. Barton discussed the timeline when other lots were platted
lots in the subdivision.
Alternate Luppy and Mack Garvin, 6908 Little Ranch Road, North Richland Hills,
Texas, discussed when certain lots were platted in the 1960s and in 1977.
Commissioner Goetz stated the rezoning is not appropriate for this particular
property.
Alternate Luppy stated the zoning change is not appropriate for the area.
Commissioner Narayana discussed the purpose for land use plan to balance the
needs of the community for housing and density.
Chair Welborn referenced the strategic plan committee discussions about the
residential estate designation.
Alternate Luppy discussed the strategic plan reference on community character.
February 15, 2024
Planning and Zoning Commission Meeting Minutes
Page 5 of 10
A MOTION WAS MADE BY COMMISSIONER GOETZ, SECONDED BY ALTERNATE
LUPPY TO DENY ZC23-0089.
MOTION TO DENY CARRIED 4-2, WITH CHAIR WELBORN AND COMMISSIONER
NARAYANA VOTING AGAINST.
C.2 ZC24-0093 PUBLIC HEARING AND CONSIDERATION OF A REQUEST
FROM KIMLEY-HORN & ASSOCIATES FOR A REVISION TO PLANNED
DEVELOPMENT 36 AT 9101 NORTH TARRANT PARKWAY, BEING 24.65
ACRES DESCRIBED AS LOT 1A1, BLOCK 1, WAL-MART ADDITION.
APPROVED
Chair Welborn recessed the meeting at 8,16 p.m. to allow the audience to exit the
chamber.
Chair Welborn reconvened the meeting at 8.21 p.m.
Chair Welborn stated since they are related requests by the same applicant, items
C.2 and C.3 would be presented together, but the Commission would act on each
one separately.
Chair Welborn introduced the item, opened the public hearings, and called for
Director of Planning Clayton Comstock to introduce the requests. Mr. Comstock
introduced the request.
Chair Welborn called for the applicant to present the requests.
Ivan Jaime, representing Walmart, 16503 Nacogdoches Road, San Antonio, Texas,
introduced the request and the representatives from Kimley-Horn & Associates and
Wing Aviation.
Lauren Nuffer, Kimley-Horn & Associates, 13455 Noel Road, Dallas, Texas,
presented the site plans for the drone delivery locations at the Walmart stores on
North Tarrant Parkway and NE Loop 820.
Bailey Edwards, Wing Aviation, 3400 Hillview Avenue, Suite 4, Palo Alto, California,
presented background information about the company, an overview of their
operations in the United States and other countries, and community outreach efforts.
Commissioner Goetz and Mr. Edwards discussed the Wing's history of drone
February 15, 2024
Planning and Zoning Commission Meeting Minutes
Page 6 of 10
delivery, the weight of the drone, and the company's safety record.
Commissioner Narayana and Mr. Edwards discussed the number of landing pads
and scale of the enclosed site.
Commissioner Riscky and Mr. Edwards discussed the number of drones permitted
by the FAA and Wing's operation for piloting the drones.
Alternate Luppy and Mr. Edwards discussed hours of operation and that Wing
operates during daylight hours.
Commissioner Riscky and Mr. Edwards discussed whether a person was required to
be at the delivery site to receive the delivered package.
Chairman Welborn and Mr. Edwards discussed safety features of the drones, effects
on wildlife, and interaction with hobby drones.
Commissioner Narayana and Mr. Edwards discussed how flight paths are generated
for the deliveries.
Chairman Welborn and Mr. Edwards discussed possible flight paths over interstate
highways.
Commissioner Bridges and Mr. Edwards discussed operational issues associated
with flight paths of commercial aircraft and how the drones recognize other aircraft
through beacons and receivers.
Chair Welborn, Commissioner Goetz and Mr. Jaime discussed the power source for
the drone landing site, delivery fees, and Walmart's range of customer delivery
services.
Alternate Luppy, Mr. Jaime, and Mr. Edwards discussed Walmart's growth in drone
delivery service in DFW.
Commissioner Narayana and Mr. Jaime discussed the location of the drone storage
containers onsite and their relationship to on-site pickup areas.
Commissioner Goetz, Mr. Jaime, Mr. Edwards, and Ms. Nuffer discussed delivery
and insulation of hot and cold products, permanent power sources for the drone site,
and fencing and landscaping for the site. Mr. Edwards stated open fencing allows for
February 15, 2024
Planning and Zoning Commission Meeting Minutes
Page 7 of 10
scaling the site for the number of drones and stability for the drones to respond to
wind speeds while taking off and landing.
Chair Welborn called for Mr. Comstock to present the staff report. Mr. Comstock
presented the staff report.
Chair Welborn called for anyone wishing to speak for or against the request to come
forward.
Tracy Bennett, 3825 Scruggs Drive, North Richland Hills, Texas, spoke regarding the
request. She asked questions about drone delivery operations in neighborhoods.
Chair Welborn called for anyone wishing to speak for or against the request to come
forward. There being no one else wishing to speak, Chair Welborn closed the public
hearing.
Commissioner Narayana and Mr. Edwards discussed the typical number of deliveries
a drone might make each day.
Chair Welborn and Mr. Comstock discussed the location of accessible parking
spaces on the properties and that the drone launch sites do not affect those spaces.
A MOTION WAS MADE BY ALTERNATE LUPPY, SECONDED BY COMMISSIONER
BRIDGES TO APPROVE ZC24-0093, SUBJECT TO A ONE-YEAR PILOT PROGRAM.
MOTION TO APPROVE CARRIED 6-0.
C.3 ZC24-0094 PUBLIC HEARING AND CONSIDERATION OF A REQUEST
FROM KIMLEY-HORN & ASSOCIATES FOR A SPECIAL USE PERMIT
FOR A HELIPORT/LANDING FIELD AT 6401 NE LOOP 820, BEING 25.09
ACRES DESCRIBED AS LOT 1 R, BLOCK 6, TAPP ADDITION.
APPROVED
Item C.3 was presented in conjunction with item C.2.
A MOTION WAS MADE BY ALTERNATE LUPPY, SECONDED BY COMMISSIONER
BRIDGES TO APPROVE ZC24-0094, SUBJECT TO A ONE-YEAR PILOT PROGRAM.
MOTION TO APPROVE CARRIED 6-0.
February 15, 2024
Planning and Zoning Commission Meeting Minutes
Page 8 of 10
CA TR24-01 PUBLIC HEARING TO CONSIDER AMENDMENTS TO CHAPTER
118, ARTICLE V, DIVISION 5, OF THE NORTH RICHLAND HILLS CODE
OF ORDINANCES REGARDING FOR-PROFIT AND NON-PROFIT
TEMPORARY EVENTS.
APPROVED
Chair Welborn introduced the item, opened the public hearing, and called for
Director of Planning Clayton Comstock to present the request.
Mr. Comstock introduced the request. He discussed the proposed amendment to the
zoning ordinance and related amendments to the city code regarding for-profit and
non-profit temporary events, garage sales, and special events.
Chair Welborn and Mr. Comstock discussed costs for garage sale permits.
Chair Welborn called for anyone wishing to speak for or against the request to come
forward. There being no one else wishing to speak, Chair Welborn closed the public
hearing.
A MOTION WAS MADE BY ALTERNATE LUPPY, SECONDED BY COMMISSIONER
GOETZ TO APPROVE TR24-01.
MOTION TO APPROVE CARRIED 6-0.
D. PLANNING AND DEVELOPMENT
D.1 PLAT24-0058 CONSIDERATION OF A REQUEST FROM BARTON
SURVEYING AND LASER SCANNING LLC FOR A REPLAT OF LOTS 7R1
AND 7R2, BLOCK 1, MORGAN MEADOWS ADDITION, BEING 1.836
ACRES LOCATED AT 6809 LITTLE RANCH ROAD.
DISAPPROVED
Item C.1 was presented in conjunction with item D.1.
February 15, 2024
Planning and Zoning Commission Meeting Minutes
Page 9 of 10
A MOTION WAS MADE BY COMMISSIONER GOETZ, SECONDED BY ALTERNATE
LUPPY TO DENY PLAT24-0058 SUBJECT TO ACTION ON THE ZONING CHANGE
APPLICATION.
MOTION TO DENY CARRIED 5-1, WITH COMMISSIONER NARAYANA VOTING
AGAINST..
EXECUTIVE SESSION
E. ADJOURNMENT
Chair Welborn adjourned the meeting at 9.39 p.m.
Justin Welborn, Chair
Attest:
Anthony Bridges, Place 6
February 15, 2024
Planning and Zoning Commission Meeting Minutes
Page 10 of 10
"K
NOKTH KICHLAND HILLS
PLANNING AND ZONING COMMISSION
MEMORANDUM
FROM: Planning & Zoning Department DATE: March 7, 2024
SUBJECT: PLAT24-0059 Consideration of a request from Carlos Reyes for a
final plat of Lot 12, Block A, John's Addition, being 0.944 acres
located at 8301 Cardinal Lane.
PRESENTER: Clayton Comstock, Director of Planning
SUMMARY:
Carlos Reyes is requesting approval of a final plat of Lot 12, Block A, John's Addition.
This 0.944-acre property is located at 8301 Cardinal Lane.
GENERAL DESCRIPTION:
The property under consideration is a 0.944-acre site located on the north side of Cardinal
Lane between Davis Boulevard and Amundson Drive. The site is developed with a single-
family residence and accessory buildings.
The 41,139-square-foot property is unplatted. It has 203 feet of frontage on Cardinal Lane
and is approximately 203 feet deep. The northeast portion of the property is located within
the 1% annual chance (formerly 100-year) floodplain of Walker Branch creek. The
proposed final plat is intended to create one single-family residential lot so that the
property is eligible for building permits additions to the house.
COMPREHENSIVE PLAN: This area is designated on the Comprehensive Land Use
Plan as Urban Village. This designation promotes sustainable, pedestrian-oriented,
mixed-use development that provides the opportunity for many uses to coexist within a
more compact area. Urban Villages encourage an efficient, compact land use pattern;
support vibrant public spaces; reduce the reliance on private automobiles; promote a
more functional and attractive community using recognized principles of urban design;
allow flexibility in land use; and prescribe a high level of detail in building design and form.
Urban Villages can come in the form of vertical mixed use, where multiple uses share a
single, multi-story building; or horizontal mixed use, where a diverse set of uses are
placed within close, walkable proximity.
CURRENT ZONING: The property is currently zoned TOD Transit Oriented
Development. The purpose of the (TOD) code is to support the development of the
community's station areas into pedestrian-oriented, mixed-use urban development
environments, with convenient access to rail transit, shopping, employment, housing, and
neighborhood retail services. The goal of each station area is to encourage an efficient,
compact land use pattern; encouraging pedestrian activity; reducing the reliance on
"K
NOKTH KICHLAND HILLS
private automobiles; promoting a more functional and attractive community through the
use of recognized principles of urban design; and allowing property owners flexibility in
land use, while prescribing a high level of detail in building design and form.
TRANSPORTATION PLAN: The development has frontage on the following streets. A
right-of-way dedication of 4,858 square feet for Cardinal Lane is provided on the final plat.
o 2-lane undivided roadway
Cardinal Lane C2U Minor Collector/ Transit Oriented o 60-foot right-of-way width
TOD General Street Development o on-street parking
o on-street bicycle facilities
SURROUNDING ZONING ( LAND USE:
AR
NORTH TOD Transit Oriented Urban Village Vacant
Development
WEST TOD Transit Oriented Urban Village Single-family residence
Development
SOUTH C-1 Commercial Office Commercial Offices
EAST TOD Transit Oriented Urban Village Vacant
Development
ROUGH PROPORTIONALITY DETERMINATION: The developer is responsible for
public infrastructure improvements to support the development of the property. These
improvements include paving and storm drain facilities. Paving improvements include the
installation of curb and gutter on Cardinal Lane, a six-foot wide sidewalk, and eight-foot
wide on-street parking spaces.
PLAT STATUS: The property is currently unplatted.
CITY COUNCIL: The City Council will consider this request at the March 25, 20247
meeting following action by the Planning and Zoning Commission.
DRC REVIEW & RECOMMENDATION: The Development Review Committee (DRC)
recommends approval of plat with the conditions outlined in the attached DRC comments.
These comments include minor additions and revisions to notations and labeling on the
drawing, verification and dedication of right-of-way, revising the name of the subdivision,
and requirements for public infrastructure improvements.
RECOMMENDATION:
Approve PLAT24-0059 with the conditions outlined in the Development Review
Committee comments.
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Development Review Committee Comments 1 2/20/2024
NFt6H Case PLAT24-0059
Reyes Addition (8301 Cardinal Ln)
WRITTEN STATEMENT OF CONDITIONS
The City of North Richland Hills received this plat on February 7, 2024. The Development Review
Committee reviewed this plat on February 20, 2024. The following represents the written statement of
the conditions for conditional approval of the plat. The applicant may submit a written response and
revised plat that adequately addresses each condition.
1. It is recommended that email addresses for the owner and surveyor be removed from the plat
since It Is a recorded public document. NRH Subdivision Regulations§110-331(Requirements for allplat drawings—
ownership/developer)
2. The County clerk recording block may be removed from the drawing. Plats are recorded
electronically, and the block is not necessary. NRH Subdivision Regulations§110-333(Additional requirementsfor
plat drawings—county certification)
3. There are revisions and corrections required in the owner's certificate, and these are noted on
the marked-up copy of the plat. These should be updated as appropriate. NRHSubdivision Regulations
§110-331(Requirements for all plat drawings—metes and bounds description)
4. Change the legal description of the property to Lot 12, Block A, John's Addition. Update this
reference on the drawing, title block, dedication statement, and other relevant instances. City
policy requires that single-lot plats adopt the predominant subdivision name in the area or the
underlying survey name. NRH Subdivision Regulations§110-331(Requirements for all plat drawings—subdivision name)
5. The zoning for the property requires two separate front building lines.Add the following building
I I nes to th e p lat. NRH Subdivision Regulations§110-331(Requirements for all plat drawings—building setback lines)
a. Minimum front building line: 5 feet
b. Maximum front building line: 20 feet
6. Label the area of the lot net of the right-of-way dedication area. NRH Subdivision Regulations§110-333
(Additional requirements for plat drawings—lot areas)
7. Label LOT 12 BLOCK A on the lot on the drawing. NRHSubdivision Regulations§110-330(Requirements for all plat
drawings—lot and block numbering)
8. Cardinal Lane is classified as a C2U Minor Collector street on the Transportation Plan and
designated as a General TOD Street on the Smithfield TOD Regulating Plan. A C2U roadway
requires an ultimate right-of-way of 60 feet. Enough right-of-way must be dedicated to provide
fifty-five (55) feet of right-of-way from the southern right-of-way line.NRH Subdivision Regulations§110-
368(Street right-of-way dedication)and§110-412(Generally—rights-of-way)
9. Some right-of-way for Cardinal Lane may previously have been dedicated. Please review the
attached documents. NRH Subdivision Regulations§110-368(Street right-of-way dedication)and§110-412(Generally—
rights-of-way)
10. Add a drainage easement that encompasses the full AE zone plus one foot of freeboard. See
comments on the marked-up plat. NRH Subdivision Regulations §110-333 (Requirements for all plat drawings —
drainage easements) and NRH Flood Damage Prevention Ordinance §102-83 (Standards for new development or subdivision
proposals)
11. Add a 10-foot wide erosion control easement adjacent to the 100-year flood plain. NRHSubdivision
Regulations§110-333(Requirements for all plat drawings—drainage easements)and NRH Flood Damage Prevention Ordinance
§102-83(Standards for new development or subdivision proposals)
Page 1 of 2 1 PLAT24-0059
12. Add a note regarding the flood plain that affects the property.A recommended note is:A portion
of the lot is located within the current boundaries of FEMA designated special flood hazard area
(SFHA). As such, redevelopment or building on this property is subject to additional regulatory
require me nts.NRH Subdivision Regulations§110-331(Requirements for all plat drawings—plat notes and conditions)
13. Add the following note to the plat:Above ground franchise utility appurtenances are not allowed
in the fronts of the properties.NRH Subdivision Regulations§110-331(Requirements for all plat drawings—plat notes
and conditions)
14. Add the following note to the plat: The easements indicated on this plat are for the purpose of
constructing, using, and maintaining public utilities including underground conduits, manholes,
pipes, valves, posts, above ground cables,wires, or combinations thereof,together with the right
of Ingress and egress to operate and maintain the public utilities. NRH Subdivision Regulations§110-331
(Requirements for all plat drawings—plat notes and conditions)
15. Add a label indicating the minimum finished floor elevation (FFE) based on the current FEMA
study.The HE must be at least 18 inches above base flood elevation(BFE).The HE must be shown
regardless of the elevation of the current house. NRH Flood Damage Prevention §102-63 (Floodplain permit
procedures)
16. Public infrastructure improvements are required to support the development of the property.The
infrastructure improvements would include paving improvements for sidewalks, on-street
parking, and curb and gutter along the frontage of Cardinal Lane. The property would be
responsible for its proportionate share of the improvements. A rough proportionality
determination that includes a detailed analysis will be provided separately. NRHSubdivision Regulations
§110-451(Proportionality determination)and§110-446(Adequate public facilities)
DESIGN PRINCIPLES
The following comments represent suggested modifications to the plat drawing based on general NRH
design principles and standard practices in city planning. While conformance to these principles is not
required by the subdivision regulations,the applicant is encouraged to include these modifications as part
of the revised plat.
1. Add the City case number near the bottom right corner of the drawing (Case PLAT24-0059).
Page 2 of 2 1 PLAT24-0059
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"K
NOKTH KICHLAND HILLS
PLANNING AND ZONING COMMISSION
MEMORANDUM
FROM: Planning & Zoning Department DATE: March 7, 2024
SUBJECT: PLAT24-0060 Consideration of a request from Westwood
Professional Services for a preliminary plat of The Meadow, being
29.553 acres located at the southeast corner of Rufe Snow Drive
and Bursey Road.
PRESENTER: Clayton Comstock, Director of Planning
SUMMARY:
On behalf of SJR NRH Realty LP, Westwood Professional Services is requesting
approval of a preliminary plat of The Meadow. The property is located at the southeast
corner of Rufe Snow Drive and Meadow Road.
GENERAL DESCRIPTION:
The property under consideration is an undeveloped 29.553-acre site with frontage on
Rufe Snow Drive and Bursey Road. The site abuts an automobile repair facility (Christian
Brothers) and the Foster Village neighborhood on the south, and the Western Oaks
neighborhood on the east. Two existing streets stub into the property: Crosstimbers Lane
on the south side and Rolling Ridge Drive on the east side. A 75-foot wide Lone Star Gas
(Atmos) pipeline easement runs north-south through the site.
The property is zoned R-PD (Residential Planned Development). The zoning was
approved by City Council on June 27, 2022 (Ordinance 3742). The proposed
development includes 93 single-family residential lots, eight (8) open space lots, and one
3.48-acre commercial lot located at the hard corner.
Residential lots range in size throughout the development, with the widest lots abutting
existing lots in the Foster Village and Western Oaks subdivisions. The table below
summarizes the lot sizes and widths. The lots are consistent with the approved zoning
standards. The minimum residential lot size is 6,000 square feet, with an average size of
8,288 square feet. The density for the subdivision is 3.15 dwelling units per acre.
70 ft 115 - 140 ft 7,966 - 17,502 SF 16 lots(17.2%)
60 ft 135 - 170 ft 9,476 - 18,713 SF 6 lots(6.5%)
60 ft 115 - 120 ft 6,538 - 11,590 SF 57 lots(61.3%)
50 ft 115 - 140 ft 6,000 - 11,830 SF 14 lots(15.1%)
"K
NOKTH KICHLAND HILLS
The development incorporates 3.0 acres of open space, which makes up 10.16% of the
site. The majority of the open space is located in a centrally located lot fronting
Crosstimbers Lane. Portions of the lot are encumbered by the existing pipeline easement.
Planned improvements to the central open space area include an eight-foot wide trail that
connects to Bursey Road. Open space lots are also located adjacent to Rufe Snow Drive
and Bursey Road to provide areas for street trees, landscaped entries, and screening
walls.
Primary street access to the development is from Rufe Snow Drive and Bursey Road.
The street entrance on Rufe Snow Drive would also provide a means of access to the
commercial property at the corner of Bursey Road. Secondary street access is from
Crosstimbers Lane and Rolling Ridge Drive. Crosstimbers Lane has been a proposed
street connection between Hightower Drive and Bursey Road since the adoption of the
1985 Master Thoroughfare Plan and was evaluated and reaffirmed in 2019 through the
Vision2030 Transportation Plan process.
LAND USE PLAN: This area is designated on the Land Use Plan as Retail Commercial
on the Rufe Snow Drive frontage, with the remainder designated as Low Density
Residential.
The Retail Commercial designation provides sites for community and regional shopping
centers, commercial establishments, and employment centers. These sites are typically
located on highways and major thoroughfares at key intersections. A supplemental
recommendation of the Land Use Plan is to prioritize commercial uses at key intersections
where retail is most likely to thrive.
The Low Density Residential designation promotes quality neighborhoods of conventional
suburban single-family detached homes. General characteristics of these neighborhoods
include a density of two to six dwelling units per acre and houses of one- and two-stories.
CURRENT ZONING: The property is currently zoned R-PD (Residential Planned
Development) and C-1 (Commercial). The R-PD zoning district is intended to permit
flexibility in the design of residential developments to best utilize the physical features of
the site in exchange for greater public benefits than would otherwise be achieved through
development under general code standards. These developments are limited to
residential development of at least ten acres.
The C-1 district is intended to provide for development of retail service and office uses
principally serving community and regional needs. The district should be located on the
periphery of residential neighborhoods and be confined to intersections of major arterial
streets. It is also appropriate for major retail corridors as shown on the comprehensive
plan.
TRANSPORTATION PLAN: The development has frontage on the following streets.
Right-of-way dedication for Crosstimbers Lane is required for this plat.
"K
NOKTH KICHLAND HILLS
Rufe Snow Drive M4D Minor Arterial Suburban Neighborhood o 4-lane divided roadway
o 80-feet right-of-way width
o 4-lane undivided roadway
Bursey Road C41J Minor Collector Suburban Neighborhood o 68-feet right-of-way width
o 6-foot shared use path
Crosstimbers Lane C21J Minor Collector Suburban Neighborhood o 2-lane undivided roadway
o 60-feet right-of-way width
Crosstimbers Lane has been a proposed street connection between Hightower Drive and
Bursey Road since the adoption of the 1985 Master Thoroughfare Plan and was
evaluated and reaffirmed in 2019 through the Vision203O Transportation Plan process.
SURROUNDING ZONING ( LAND USE:
NORTH City of Keller Retail/Commercial Retail uses
(Retail and SF-8.4) High-Density Single Family Single-family residences
WEST
City of Watauga Local Office Retail and restaurant uses
General Business)) Retail/Commercial Vacant property
SOUTH G1(Commercial) Retail Commercial Automotive repair facility
R-3(Single-Family Residential) Low Density Residential Single-family residences
EAST R-3(Single-Family Residential) Low Density Residential Single-family residences
PLAT STATUS: The property is unplatted. Subsequent approval of a preliminary plat;
full engineering plans for streets, utilities, grading and drainage; and a final plat would all
be required prior to any construction.
CITY COUNCIL: The City Council will consider this request at the March 25, 20247
meeting following action by the Planning and Zoning Commission.
DRC REVIEW & RECOMMENDATION: The Development Review Committee (DRC)
recommends approval of the plat subject to the attached DRC comments. These
comments include minor revisions to notations and labeling on the drawing, and
requirements for site improvements including fences, sidewalks, and landscaping of open
space lots.
RECOMMENDATION:
Approve PLAT24-0060 with the conditions outlined in the Development Review
Committee comments.
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Development Review Committee Comments 1 2/20/2024
NFt6H Case PLAT24-0060
The Meadow (6744 Bursey Road)
WRITTEN STATEMENT OF CONDITIONS
The City of North Richland Hills received this plat on February 7, 2024. The Development Review
Committee reviewed this plat on February 20, 2024. The following represents the written statement of
the conditions for conditional approval of the plat. The applicant may submit a written response and
revised plat that adequately addresses each condition.
1. Revise the street name of the cul-de-sac in the adjacent Western Oaks subdivision to Sagebrush
Court North. The street name for Sagebrush Court South may be added to the drawing. NRH
Subdivision Regulations§110-331(Requirements for all plat drawings—street names)
2. While street names are not necessary to show on the drawing, provide a list of street names being
considered for the development.This will allow for review of the names to determine if there are
any potential conflicts with other street names within the City. NRH Subdivision Regulations §110-331
(Requirements for all plat drawings—street names)
3. Label the 7.5-foot utility easement on all blocks.The label is missing on some blocks.NRHSubdivision
Regulations§110-331(Requirements for all plat drawings—easements)
4. Verify the width of Lot 8 Block D. The lot must be 60 feet wide at the building, but the lot scales
at 59.2 feet. NRH Subdivision Regulations§110-412(Design criteria—lot dimensions)
5. Add the following note to the plat:Above ground franchise utility appurtenances are not allowed
in the fronts of the properties.NRH Subdivision Regulations§110-331(Requirements for all plat drawings—plat notes
and conditions)
6. Add the following note to the plat: The easements indicated on this plat are for the purpose of
constructing, using, and maintaining public utilities including underground conduits, manholes,
pipes, valves, posts, above ground cables,wires, or combinations thereof,together with the right
of ingress and egress to operate and maintain the public utilities. NRH Subdivision Regulations§110-331
(Requirements for all plat drawings—plat notes and conditions)
7. The developer is required to construct masonry screening walls in specific locations as part of the
public improvements. The required standard and locations are noted below, and a copy of the
zoning exhibit is attached for reference. Provide a fencing plan with the next submittal of the
public infrastructure plans. NRH Ordinance 2742§B.4
a. A six-foot tall masonry screening wall must be constructed at the following locations
as depicted on Exhibit "C." The wall must be constructed as a traditional masonry
wall or a pre-cast product that is at least four(4) inches thick.The columns may not
exceed seven (7)feet in height.The wall must include a twelve (12) inch mow strip.
Thin-panel walls are prohibited. The developer is responsible for the fence
construction as part of the public improvements for the subdivision.
i. On the side or rear lot lines of the single-family lots adjacent to Rufe Snow Drive
and Bursey Road or their adjacent open spaces.
ii. On the street side lot lines of Lot 1 Block A; Lot 1 and Lot 22 Block D; and Lot 12
Block C.
iii. On the rear property lines of the single-family lots abutting Lot 1, Block 1, Rufe
Snow Center Addition.
iv. On the rear property lines of the single-family lots abutting the remainder
commercial lot at the southeast corner of Rufe Snow Drive and Bursey Road.
Page 1 of 2 1 PLAT24-0060
8. A landscape plan for the open space lots must be included with the next submittal of the public
infrastructure plans.The plan should also include the locations of the required large/canopy trees
in open space lots, as noted below, and a copy of the zoning exhibit is attached for reference.The
plan must be prepared by a registered landscape architect. NRH Ordinance 2742§s.9
b. At least sixty-seven (67) Large/Canopy trees must be planted within open space lots
as shown on Exhibit"C"as follows.
i. Street trees must be planted in open space lots adjacent to Rufe Snow Drive and
Bursey Road. The trees may be spaced twenty (20) to fifty (50) feet on center,
provided the average spacing is thirty(30)feet on center.
ii. The remaining trees must be planted in internal open space lots within the
development.
9. The existing sidewalk on Bursey Road must be replaced with a wider sidewalk as required by the
Vision203O Transportation Plan.The width of the sidewalk must be approved by the Development
Review Committee. The proposed sidewalk design must be included with the next submittal of
the public Infrastructure plans. NRH Ordinance 2742§B.5.c
10. The tree mitigation plan is not approved as part of the preliminary plat. Tree removal is not
permitted until the plan is approved by the Development Review Committee.A plan was included
with the plat submittal; however, some tree data is incomplete and still being collected by the
applicant. The completed tree survey should be included with the next submittal of the public
infrastructure plans. Trees proposed for removal may be subject to mitigation requirements
depending on location, size, species, and planting of replacement trees. NRH Code of Ordinances§114-33
(Trees-applicability of article provisions),§114-34(Tree removal),and§114-35(Tree replacement)
DESIGN PRINCIPLES
The following comments represent suggested modifications to the plat drawing based on general NRH
design principles and standard practices in city planning. While conformance to these principles is not
required by the subdivision regulations,the applicant is encouraged to include these modifications as part
of the revised plat.
1. Add the City case number near the bottom right corner of the drawings (Case PLAT24-0060).
2. A markup of the civil plans associated with this project will be provided separately. For questions
concerning the civil plan comments, contact Nathan Frohman at 817.427.6410 or
Page 2 of 2 1 PLAT24-0060
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NOKTH KICHLAND HILLS
PLANNING AND ZONING COMMISSION
MEMORANDUM
FROM: Planning & Zoning Department DATE: March 7, 2024
SUBJECT: ZC23-0088 Public hearing and consideration of a request from TX
Thrift LLC for a special use permit for a secondhand goods dealer at
6246 Rufe Snow Drive, being 3.93 acres described as Lot 4R, Block
1, Northland Shopping Center Addition.
PRESENTER: Clayton Husband, Principal Planner
SUMMARY:
On behalf of WC South Properties LP (property owner), TX Thrift LLC is requesting a
special use permit for a secondhand goods dealer on a 3.93-acre property located at
6246 Rufe Snow Drive.
GENERAL DESCRIPTION:
The property is located on the east side of Rufe Snow Drive just south of the intersection
with Mid-Cities Boulevard. The building on the site is part of the Rufe Snow Village
shopping center, and the lease area is in the same building and immediately adjacent to
the BioLife Plasma Services facility. The applicant proposes to renovate and remodel the
lease area for a thrift store use called Il:::::::co 1f hIrlifl:.
The applicant proposes to open a 27,800-square foot thrift store that would sell clothing
and household goods. The company operates 19 other stores in California, New York,
New Jersey, and Minnesota. There is one store located in Alvin, Texas. Information about
the company is attached, which includes a description of the business and store
operations.
The property is zoned C-1 (Commercial). The zoning ordinance was amended in March
2012 to add a definition for secondhand dealers and provide for special use permit
consideration for the use in all commercial zoning districts. This use applies to any person
or entity engaged in buying, selling, trading, or handling any kind of used or secondhand
goods, wares, or merchandise.
The proposed conditions of approval for this special use permit are attached. Applications
for special use permits provide an opportunity to address modifications to specific site
development and building design standards for the site. These conditions are based on
the applicant's proposed development of the property. These conditions may be modified
throughout the public hearing process, but they are subject to final approval by City
Council. The special use permit standards address land use, parking lot lighting, refuse
container enclosures, parking lot striping, and operational standards for the business.
"K
NOKTH KICHLAND HILLS
As part of special use permit requests, the Development Review Committee commonly
recommends property improvements as a condition of approval. This is intended to
address nonconforming features of properties and provide suggested enhancements that
would help bring the property closer to compliance with current development standards.
The following recommended property improvements are included in the attached
conditions of approval. A letter from the property owner is attached that indicates their
agreement with the improvements.
1. Parking lot lighting. The pole-mounted light fixtures must be adjusted to a 90-
degree angle so that the light is directed downward. The fixtures are currently set
at a steeper angle.
2. Building lighting. The wall packs on the rear of the building should be replaced with
conforming fixtures.
3. Refuse container enclosures. Enclosures must be constructed or renovated for all
refuse containers on the lot. The enclosures must conform to standards found in
Sec. 118-874 of the zoning ordinance. These standards generally include a
masonry enclosure, pedestrian access gates, and opaque metal gates.
4. Parking spaces adjacent to Rufe Snow Drive. The parking spaces adjacent to Rufe
Snow Drive do not satisfy the minimum depth requirement of 18 feet. The depths
range from 9.8 feet to 15 feet. The parking spaces must be converted to parallel
parking spaces, which require a stall depth of eight (8) feet and stall width of 22
feet. If the parking spaces are not converted to parallel spaces, the spaces should
be removed in favor of the required 15-foot landscape setback.
LAND USE PLAN: This area is designated on the Land Use Plan as Retail Commercial.
The Retail Commercial land use category provides sites for community and regional
shopping centers, commercial establishments, and employment centers. These sites are
typically located on highways and major thoroughfares at key intersections.
CURRENT ZONING: The property is currently zoned C-1 (Commercial). This district is
intended to permit a variety of retail trade, personal and business services
establishments, and offices principally serving community and regional needs. The district
should be located on the periphery of residential neighborhoods and at intersections of
major arterial streets. It is also appropriate for major retail corridors.
SURROUNDING ZONING ( LAND USE:
NORTH C-1(Commercial) Retail Commercial Shopping center
WEST City of Watauga Regional Retail/Commercial Shopping center
(General Business) (per Watauga land use map) pp g
SOUTH C-1(Commercial) Retail Commercial Shopping center
EAST PD(Planned Development) High Density Residential Apartment complex
"K
NOKTH KICHLAND HILLS
PLAT STATUS: The property is currently platted as Lot 4R, Block 1, Northland Shopping
Center Addition.
CITY COUNCIL: The City Council will consider this request at the March 25, 2024,
meeting following a recommendation by the Planning and Zoning Commission.
DRC RECOMMENDATION. The current development policy in North Richland Hills is to
monitor closely land uses in the city to establish an optimal mix of residential, commercial,
restaurant, retail, and office establishments that best serve the varied needs of residents
and consumers. To implement this policy, all secondhand goods dealer uses are subject
to approval of a special use permit or other zoning action.
The Development Review Committee's (DRC) recommendation for denial of the special
use permit application is based on the following.
1. Prior direction from Planning and Zoning Commission and City Council has been
provided regarding limiting additional secondhand goods dealer uses within the
city.
2. In accordance with the Vision 2030 Land Use Plan approved by the North Richland
Hills City Council on July 22, 2019, the City aims to foster a commercial climate
that reflects its identity and community values. The NRH community desires uses
that provide needed goods and services, convenience, and add to the overall
quality of life. The City should encourage existing commercial vacancies to be
occupied by uses that serve and benefit the overall community.
3. The current development policy in North Richland Hills is to monitor closely the
number and location of new secondhand goods dealer uses in order to reduce
their proliferation and evaluate their effects on the community. To implement this
policy, secondhand goods dealer uses are subject to approval of a special use
permit or other zoning action.
RECOMMENDATION:
Deny ZC23-0088.
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IqRH PUBLIC HEARING NOTICE
NORTH KICHLAND HILLS CASE: ZC23-0088
You are receiving this notice because you are a property owner of record within 200 feet of the property
requesting a special use permit as shown on the attached map.
APPLICANT TX Thrift LLC
LOCATION 6246 Rufe Snow Dr
REQUEST Public hearing and consideration of a request from TX Thrift LLC for a special use
permit for a secondhand goods dealer at 6246 Rufe Snow Drive, being 3.93 acres
described as Lot 4R, Block 1, Northland Shopping Center Addition.
DESCRIPTION Proposed secondhand goods dealer (thrift store) selling clothing and household
goods. The business would occupy approximately 27,800 square feet.
PUBLIC HEARING DATES Planning and Zoning Commission
7:00 PM Thursday, March 7, 2024
City Council
7:00 PM Monday, March 25, 2024
MEETING LOCATION City Council Chamber-Third Floor
4301 City Point Drive
North Richland Hills, Texas
People interested in submitting letters of support or opposition are encouraged to contact the Planning & Zoning
Department for additional information. Letters must be received by the close of the City Council public hearing. Because
changes are made to requests during the public hearing process,you are encouraged to follow the request through to final
action by City Council.
Planning and Zoning Department 1 4301 City Point Drive - NRH, TX 76180
817-427-6300 1 www.nrhtx.com I planning@nrhtx.com
FOR MORE INFORMATION, VISIT NRHTX.COM/MAP
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817-427-6300 1 www.nrhtx.com I planning@nrhtx.com
NOTIFIED PROPERTY OWNERS
ZC23-0088
CITY OF WATAUGA DEVELOPMENT SERVICES 7800 VIRGIL ANTHONY BLVD WATAUGA TX 76148
FTB LLC PO BOX 1350 MADISONVILLE LA 70447
INTERFIRST BANK RICHLAND 101 N TYRON ST STE 3800 CHARLOTTE NC 28255
KLAR C HENRY&NESTA FAMILY PA 25504 VIA JUANA VALENCIA CA 91355
REALTY INCOME PROPERTIES 22 LL 11995 EL CAMINO REAL SAN DIEGO CA 92130
STAR DELANO LLC PO BOX 530292 BIRMINGHAM AL 35253
WC SOUTH PROPERTIES LTD PRTNSP 3113 S UNIVERSITY DR STE 600 FORT WORTH TX 76109
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TX Thrift, LLC, dba Eco Thrift—6246 Rufe Snow Drive, North Richland Hills, TX 76148
Special Use Permit—Plan Number ZC23-0088
November 21, 2023
Additional Eco Thrift Project Narrative
TX Thrift, LLC, doing business as Eco Thrift, will operate a for profit thrift store at 6246 Rufe
Snow Drive,North Richland Hills, TX. TX Thrift, LLC has entered into an agreement with DAV
Department of Texas to purchase clothing and household goods in the State of Texas. These items
will be delivered to our Eco Thrift store to be sorted, priced, tagged and placed on our sales floor
by our employees. Most of the merchandise not sold in our store will be recycled. We believe in
recycling and reusing.
Delivery of these goods will be made Monday through Friday by 16' straight trucks; no semi-
trailer trucks are used for delivery of these goods. There will be no storage outside of the building;
and our trash will be in an enclosed compactor container.
The store will be open seven days a week; from 10arn to 8pnr Monday through Saturday, and I 1 am
to 5pm on Sunday.
We will employ between 40 and 50 full-time employees at this store. 90% of those employees
will more than likely live within a five-mile radius of the store. Full-time employees receive fall
benefits, i.e. health insurance, dental insurance, eye insurance, and life insurance,
No consignunent of merchandise by individuals or other companies will be allowed. Merchandise
for sale at the store will be from the merchandise we purchase from DAV Department of Texas.
We anticipate expending approximately two million dollars in the buildout of this store which will
include installation of LED lighting, carpeting, and custom fixtures.
TX Thrift, LLC is currently operating an Eco Thrift store at 2625 S. Bypass 35, 4140,Alvin, TX.
We also operate nineteen other thrift stores in New York,New Jersey, Minnesota, and California.
Eco Tluift stores were started hi 1982. Eco Thrift stores are la-nown as the Neiman Marcus of the
thrift industry. The stores are very clean, neat, well-organized, with bright lighting, carpeting and
great displays,
Eco Thrift is a big proponent of corrnnunity and veteran causes. Eco Thrift will be benefiting the
disabled American veterans in the State of Texas. The Disabled American Veterans will solicit
usable household discards from the greater DFW area; and TX Thrift, LLC will be purchasing all
of those items on an annual bid basis. We also work with the Vietnams Veterans of America and
Veterans Voices of America in the State of Texas.
Thrifting has become a large part of today's economy. This single Eco Thrift store in North
Richland Hills, `texas, will divert more than 2 million pounds from the landfill back into usefiil
life. We attempt to recycle everything we can. We recycle all of the clothing, accessories, shoes,
books,CD's,electrical goods,cardboard,plastic bags, stuffed animals,hard plastic toys,pots,pans,
dishes, glassware, and silverware.
We look forward to discussing in persona the benefits that Eco Thrift can provide to the local
community in North Richland Hills, and the veterans community in general.
Dave Kloeber, CEO
TX Thrift, LLC
TXTHRI T3 X
D 7949 East.Acoma rive, #100
Scottsdale, AZ 85260
480-659-4102
January 8, 2024
[Via Email pa ;ri�iriar ;l rt�itr&wi +.Cr.�.l:.)
City of North l�ichland Hills
Planning;&Zoning; Department
Re: Special Use Permit--- Plan Number r'C23-0088; `T"X°Thrift, LIX!, dba Eco Thrift
6246 Rafe Sno,wv Drive, North Richland hills, 'YX 76148
Ladies and Gentlemen:
On December 22,2023, Clayton flrrsband enaailed us the Development Review Committee
Comments. Please see our responses belodwr.
General Comments recordings keeping requirements:
2. Wc have reviewed Chapter 18 Article IX Secondhand Goods and will comply
2(a) Not applicable
2(b) Not applicable
The merchandise we sell in parr"Texas thrift stores is purchased in bulk from two charitable
organizations, Disabled American Veterans 1:7epartment of 'Texas and Vietnam Veterans of
America,Inc. These charities solicit clothing and usable household discards from the greater DFW
area; and we are purchasing all of those items from the charities on an annual bid basis.
Operation of the baasines:S:
2(a) 70,% of the secondhand merchandise sold in the store will be clothing items; 30%
will be household goods
2(b) No unsolicited goods are received or di-opped oll'at our store
2(c) No outdoor storage containers or pods will be Used at our store
2(d) We use an assisted self-checkout POS systeraa art the frcarat ofonr stor•c; staffed by
our employees
3. Property improvement recommendations(a)through(f)have been SUbmitted to our
landlord; we will work with the landlord and the City of North Richland Hills to complete any
improvements agreed upon by all parties.
sine 'l-
)<vc WI C 7 C
Cc: Clraytora T1Usband
Vietnam Veterans ere
8719 Colesville Road, Suite 100 e Silver Spring, MD 20910
S
Telephone(301)585-4000 ® Fax:Main(301)585-0519
ber 7, 20A Not-For-Profit Veterans Service Organization Chartered by the United States Congress
In Service to America��
To Whom it May Concern;
Vietnam Veterans of America[VVA]was founded in 1978 and is a not-for-profit veteran's
organization under Section 501(c)(19)of the Internal Revenue Code.Its Congressional Charter
was granted in 1986, and it is still the only veteran's service organization exclusively dedicated
to Vietnam-era veterans who served in uniform during the nation's most divisive war.
VVA's goals are to promote and support the full range of issues important to Vietnam Veterans,
to create a new identity for this generation of veterans and to change public perception of
Vietnam Veterans.WA's work impacts every aspect of the concerns of our nations'veterans. We
currently have a membership of 100,000 Vietnam era veterans; represent 77,000 veterans who
we have assisted in securing benefits,at an average of$83 million dollars per month,that they
earned in service to our country; successfully,lobby on issues affecting our veterans regardless
of their era of service; and have a local presence in nearly every area of our country.
VVA's Texas Slate Council[TSC] was organized in 1987 as a non-profit veteran's organization
under Vietnam Veterans of America. Inc.TSC is made up of 35 member chapters in the State of
Texas with 22 Committees. TSC members are from the Texas Community that served our nation
proudly,with dignity and honor during the Vietnam Era.
Our work is primarily funded through our household and clothing donation program.This
program uses the ability and infrastructure of privately owned thrift store operations to
coordinate with our donors for the collection of their donations.
Dave Kloeber,through his businesses,has been a valued partner with VVA for nearly 40 years.
Through our partnership with Dave Kloeber and his companies,VVA has raised millions of
dollars that have funded our programmatic activities.As Dave grows his business in Texas,
VVA's ability to supply added services to our veterans increases.While VVA is a national
organization we are diligent and deliberate in sharing revenue with our local state councils and
chapters.
We hope you consider allowing Eco Thrift to expand its organization in your community in
Texas as it will be of great benefit to our veterans.
Thank you for your consideration,
Ja McManus,President
Vietnam Veterans of America
World Wide Web:http://www.vva.org
�--IIEPARTMENT OF TEXAS
h;„s,Y
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Novernber 27, 2021
To WP"orra It May Concern:
DAV Department cif Texas has had the great opportunity of partnering with Texas Thrift, LLC, By
doing so we self donated goods so that they may operate their Thrift Stares,
This a apapxrarta~rrllty allOWS tars to fUrtlaer our mission o 'Keeping OUr f rOflliSe to America's Veterans'.
The Department of Texas enap toys Service Officers {across the Great State of Texas assisting
veterans, widows and dependents with the benefits that they earned, These benefits irIciercle
compensation, pension, education, and laerriai. We take great p 6cle lra OUr- mission and the feands
we receive from this partnership is instrarnaentai ire COnfinUhIgx eater service parrag;rarn,
if you have any(traesticarts, please feel free to contact nee.
Yours in Service,
pf resc4"Johnikyen
T&clpert�a6 Yt/d r eKPsurer
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Exhibit B— Land Use and Development Regulations—Ordinance No. xxxx— Page 1 of 2
Special Use Permit Case ZC23-0088
Lot 4R, Block 1, Northland Shopping Center Addition
6246 Rufe Snow Drive, North Richland Hills,Texas
This Special Use Permit (SUP) must adhere to all the conditions of the North Richland Hills Code
of Ordinances, as amended, and the base zoning district of C-1 (Commercial). The following
regulations shall be specific to this Special Use Permit. Where these regulations conflict with or
overlap another ordinance, easement, covenant or deed restriction, the more stringent
restriction shall prevail.
A. Permitted land uses. A special use permit is authorized for a secondhand goods dealer on the
property.
B. Site development standards. Development of the property shall comply with the
development standards of the C-1 (Commercial) zoning district and the standards described
below.
1. Lighting on the site must comply with Section 118-728 (Outdoor lighting) of the zoning
ordinance and the standards described below.
a. All pole-mounted light fixtures must be adjusted to a 90-degree angle so that light is
directed downward.
b. The wall packs on the rear of the building must be replaced with conforming fixtures.
2. The parking lot on the property must comply with the following standards.
a. The parking spaces adjacent to Rufe Snow Drive must be converted to parallel parking
spaces.The spaces must have a stall depth of eight (8) feet and stall width of 22 feet.
b. If the parking spaces are not converted to parallel spaces, the spaces must be
removed, and a fifteen-foot (15-foot) landscape setback installed as required by
Section 114-71 (Landscaping regulations) of the Code of Ordinances.
3. Refuse container enclosures must be constructed or renovated for all refuse containers
on the lot. The enclosures must comply with the standards contained in Section 118-874
(Screening of outdoor refuse containers) of the zoning ordinance.
C. Operational standards. The operation of the secondhand goods dealer must comply with the
standards described below.
1. Hours of operation are limited to 10 AM to 8 PM Monday through Saturday and 11 AM
to 5 PM Sunday.
2. The use of outdoor storage areas, containers, or pods is prohibited.
D. Expiration. The special use permit will expire three (3) years from the effective date of this
ordinance. If the secondhand goods dealer is still in operation at the time of expiration, the
business shall be considered a legal non-conforming use and may continue operation subject
to the standards described in Section 118-153 of the zoning ordinance.
E. Amendments to Approved Special Use Permits. An amendment or revision to the special use
permit will be processed in the same manner as the original approval. The application for an
Exhibit B— Land Use and Development Regulations—Ordinance No. xxxx— Page 2 of 2
Special Use Permit Case ZC23-0088
Lot 4R, Block 1, Northland Shopping Center Addition
6246 Rufe Snow Drive, North Richland Hills,Texas
amendment or revision must include all land described in the original ordinance that
approved the special use permit.
F. Administrative Approval of Site Plans. The development is subject to final approval of a site
plan package. Site plans that comply with all development-related ordinances, and this
Ordinance may be administratively approved by the Development Review Committee.
The city manager or designee may approve minor amendments or revisions to the standards
provided the amendment or revisions does not significantly:
1. Alter the basic relationship of the proposed uses to adjacent uses;
2. Change the uses approved;
3. Increase approved densities, height, site coverage, or floor areas;
4. Decrease on-site parking requirements;
5. Reduce minimum yards or setbacks; or
6. Change traffic patterns.