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HomeMy WebLinkAboutPZ 2024-04-04 Agendas t4RH NOKTH RICH�AND HILL CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 THURSDAY, APRIL 4, 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 staff on items from the regular Planning and Zoning Commission meeting. 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, April 4, 2024 Planning and Zoning Commission Agenda Page 1 of 3 B. MINUTES B.1 Approve Minutes of the March 21 , 2024, Planning and Zoning Commission C. PLANNING AND DEVELOPMENT C.1 PLAT24-0061 Consideration of a request from Herbert S. Beasier Surveyors LP for an amended pint of Lot 5RA1, Block 3, Industrial Park Addition, being 3.483 acres located at 6401 WuliggLWay. D. PUBLIC HEARINGS D-1 ZC24-0096 Public hearing and consideration of a request from Blue _ Mound Cafe for a special use permit to allow a deviation from the luminous tube lighting standards at 6455 ffitop rive, being 2.13 acres described as Lot 2, Block 3, Tapp Addition. D-2 TR23-03 Public hearing to consider a comprehensive amendment to Chapter 110, Subdivisions, o the North Richland Hills Code of Ordinances. The proposed amendment revises and updates the current subdivision regulations in their entirety and includes revisions to approval authority for plats, general platting and plat review procedures, addition of a minor plat process, procedures for waivers and modifications, and design criteria for subdivisions. ( ONTINUED FROM THE MARCH 21, 2024, PLANNING AND ZONING COMMISSION M TINGE 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. Thursday, April 4, 2024 Planning and Zoning Commission Agenda Page 2 of 3 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 29, 2024, by 5:00 PM. 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, April 4, 2024 Planning and Zoning Commission Agenda Page 3 of 3 "I r*4W NOLa`C`H KIC"HLAND HILLS PLANNING AND ZONING COMMISSION MEMORANDUM FROM: Planning & Zoning Department DATE: April 4, 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. "I r*4W NOLa`C`H KIC"HLAND HILLS PLANNING AND ZONING COMMISSION MEMORANDUM FROM: Planning & Zoning Department DATE: April 4, 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. "K NOKTH KICHLAND HILLS PLANNING AND ZONING COMMISSION MEMORANDUM FROM: Planning & Zoning Department DATE: April 4, 2024 SUBJECT: Approve Minutes of the March 21, 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 March 21, 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 MARCH 21, 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 21st day of March 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: Greg Stamps Vice Chair, Place 4 Jared Ross Secretary, Place 5 Jayashree Narayana Place 5 Anthony Bridges Place 6 Brianne Goetz Place 7 Kathy Luppy Alternate A Absent: Justin Welborn Chair, Place 1 Jay Riscky Place 2 Staff Members: Clayton Comstock Director of Planning Clayton Husband Principal Planner Chad VanSteenberg Planner Caroline Waggoner Assistant City Manager Vice Chair Stamps called the work session to order at 6.35 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. Director of Planning Clayton Comstock discussed items on the regular meeting March 21, 2024 Planning and Zoning Commission Meeting Minutes Page 1 of 5 agenda. Vice-Chair Stamps adjourned the work session at 7.05 p.m. REGULAR MEETING: Immediately following worksession (but not earlier than 7:00 pm) A. CALL TO ORDER Vice Chair Stamps called the meeting to order at 7.10 p.m. Present: Greg Stamps Vice Chair, Place 4 Jared Ross Secretary, Place 5 Jayashree Narayana Place 5 Anthony Bridges Place 6 Brianne Goetz Place 7 Kathy Luppy Alternate A Absent: Justin Welborn Chair, Place 1 Jay Riscky Place 2 Staff Members: Clayton Comstock Director of Planning Clayton Husband Principal Planner Chad VanSteenberg Planner Caroline Waggoner Assistant City Manager 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. B. MINUTES APPROVE MINUTES OF THE MARCH 7, 2024, PLANNING AND ZONING COMMISSION MEETING. APPROVED March 21, 2024 Planning and Zoning Commission Meeting Minutes Page 2 of 5 A MOTION WAS MADE BY COMMISSIONER ROSS, SECONDED BY COMMISSIONER GOETZ TO APPROVE MINUTES OF THE MARCH 7, 2024, PLANNING AND ZONING COMMISSION MEETING. MOTION TO APPROVE CARRIED 5-0. C. PUBLIC HEARINGS TR23-03 PUBLIC HEARING TO CONSIDER A COMPREHENSIVE AMENDMENT TO CHAPTER 110, SUBDIVISIONS, OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES. THE PROPOSED AMENDMENT REVISES AND UPDATES THE CURRENT SUBDIVISION REGULATIONS IN THEIR ENTIRETY AND INCLUDES REVISIONS TO APPROVAL AUTHORITY FOR PLATS, GENERAL PLATTING AND PLAT REVIEW PROCEDURES, ADDITION OF A MINOR PLAT PROCESS, PROCEDURES FOR WAIVERS AND MODIFICATIONS, AND DESIGN CRITERIA FOR SUBDIVISIONS. CONTINUED Vice Chair Stamps introduced the item, opened the public hearing, and called for Planning Director Clayton Comstock to present the item. Mr. Comstock discussed the purpose for the updated subdivision regulations and the process for preparing the updated ordinance. Principal Planner Clayton Husband discussed the contents of the draft ordinance. He discussed delegation of approval authority provided in state law, the general platting process and review procedures, the process for minor plats, consideration of waivers and modifications of standards, design criteria, and flag lots. Commissioner Ross and Mr. Husband discussed the approval process for flag lots. Mr. Comstock discussed masonry screening wall standards as they relate to various roadway classifications. Commissioner Narayana and Mr. Comstock discussed which roadways could be affected by changing the masonry screening wall standards. Commissioner Ross and Mr. Comstock discussed the process for approval of plats by staff. March 21, 2024 Planning and Zoning Commission Meeting Minutes Page 3 of 5 Commissioner Ross and Mr. Husband discussed language contained within the modifications and waivers section associated with preliminary plats. Vice Chair Stamps and Mr. Comstock discussed design and maintenance standards for masonry screening walls. Commissioner Narayana, Mr. Comstock, and Mr. Husband discussed enforcement mechanisms for subdivision ordinance violations. Vice Chair Stamps called for anyone wishing to speak for or against the request to come forward. Charles Scoma, 8300 Cardinal Lane, North Richland Hills, Texas, spoke regarding delegation of plat approval, community involvement in plat applications, and public hearings related to plats. Tracy Bennett, 3825 Scruggs Drive, North Richland Hills, Texas, spoke regarding masonry screening wall standards and flag lots. Vice Chair Stamps called for anyone wishing to speak for or against the request to come forward. There being no one else wishing to speak, Vice Chair Stamps stated the public hearing will be continued at the April 4, 2024, meeting. Commissioner Narayana and Commissioner Ross discussed the differences between C2U Major Collector and C4U Major Collector standards related to masonry screening walls. Alternate Luppy and Mr. Comstock discussed the reasons behind changes to thoroughfare designations for the Vision203O plan. Commissioner Goetz expressed support for the proposed masonry screening wall revisions. Commissioner Ross discussed the approval process for flag lots and recommended that City Council consideration may be appropriate if the plat requires a waiver or modification of the standards. Commissioner Goetz and Alternate Luppy concurred with this recommendation. Vice Chair Stamps and Mr. Comstock discussed the City Council's charge to review and update the subdivision regulations. March 21, 2024 Planning and Zoning Commission Meeting Minutes Page 4 of 5 A MOTION WAS MADE BY COMMISSIONER GOETZ, SECONDED BY NARAYANA TO CONTINUE THE PUBLIC HEARING FOR TR23-03 TO THE APRIL 4, 2024, PLANNING AND ZONING COMMISSION MEETING. MOTION TO CONTINUE CARRIED 5-0. D. PLANNING AND DEVELOPMENT EXECUTIVE SESSION E. ADJOURNMENT Vice Chair Stamps adjourned the meeting at 8.35 p.m. Greg Stamps, Vice Chair Attest: Jared Ross, Secretary March 21, 2024 Planning and Zoning Commission Meeting Minutes Page 5 of 5 "K NOKTH KICHLAND HILLS PLANNING AND ZONING COMMISSION MEMORANDUM FROM: Planning & Zoning Department DATE: April 4, 2024 SUBJECT: PLAT24-0061 Consideration of a request from Herbert S. Beasley Land Surveyors LP for an amended plat of Lot 5RA1, Block 3, Industrial Park Addition, being 3.483 acres located at 6401 Wuliger Way. PRESENTER: Clayton Husband, Principal Planner SUMMARY: On behalf of Providence Properties LLC, Herbert S. Beasley Land Surveyors LP is requesting approval of an amended plat of Lot 5RA1, Block 3, Industrial Park Addition. The property is located at 6401 Wuliger Way. GENERAL DESCRIPTION: The plat consists of one lot located at the northwest corner of Browning Drive and Wuliger Way. The lot was created by a replat in 2023 (Case PLAT23-0035). The amended plat was submitted at the request of the City of North Richland Hills to correct the width of a sanitary sewer easement adjacent to the west property line. The amended plat would make the following revisions to the previous plat. 1. The width of the sanitary sewer easement is changed from fifteen (15) feet to ten (10) feet. 2. A standard plat note is added that states the purpose for the amended plat. The plat does not alter or remove any recorded covenants or restrictions, if any, on the property. LAND USE PLAN: This area is designated on the Land Use Plan as Industrial. This designation provides for research and development, light industrial, assembly, warehousing, and other industrial uses. CURRENT ZONING: The property is currently zoned 1-2 (Medium Industrial). This district is intended to provide for a wide range of manufacturing, wholesale, and service type uses. TRANSPORTATION PLAN: The development has frontage on the following streets. Right-of-way dedication is not required for this plat. "K NOKTH KICHLAND HILLS ® i Browning Drive C21J Major Collector Suburban Neighborhood 2-lane undivided roadway 68-foot right-of-way width Wuliger Way Local Road Local Road 2-lane undivided roadway 50-foot right-of-way width SURROUNDING ZONING ( LAND USE: NORTH 1-2(Medium Industrial) Industrial Tyson Foods processing plant WEST R-2(Single-Family Residential) Low Density Residential Single-family residences SOUTH PD(Planned Development) High Density Residential Apartments(Bluffs at Iron Horse) EAST 1-2(Medium Industrial) Industrial Industrial and warehousing uses PLAT STATUS: The property is currently platted as a portion of Lot 5RA1, Block 3, Industrial Park Addition. CITY COUNCIL: The City Council will consider this request at the April 8, 2024, meeting following action by the Planning and Zoning Commission. DRC REVIEW & RECOMMENDATION: The Development Review Committee (DRC) recommends approval of the plat, which is in conformance with the subdivision regulations and the zoning ordinance. RECOMMENDATION: Approve PLAT24-0061. ...............111111111111-..................................... a < .............-j LU II �F .............. PINEHURST . . ........ ................ III yN� .................... ............................. ..... . . ......... ..................................................../ .................... ............................................... ............ 0 LU . ............ .................... ......... ......... ..... .........................=) / .................. .........lip(P �;.................... .................................. ............... ............. .......................... 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EASLEY ;. �,on Hsm Ho ,r:odaa s ed ea�o,ds, "K NOKTH KICHLAND HILLS PLANNING AND ZONING COMMISSION MEMORANDUM FROM: Planning & Zoning Department DATE: April 4, 2024 SUBJECT: ZC24-0096 Public hearing and consideration of a request from Blue Mound Cafe for a special use permit to allow a deviation from the luminous tube lighting standards at 6455 Hilltop Drive, being 2.13 acres described as Lot 2, Block 3, Tapp Addition. PRESENTER: Clayton Comstock, Director of Planning SUMMARY: On behalf of Blue Mound Cafe, Dustin Bunney is requesting a special use permit to allow a deviation from the luminous tube lighting standards for a restaurant at 6455 Hilltop Drive. GENERAL DESCRIPTION: Blue Mound Cafe is located in the Hilltop Square shopping center at the northwest corner of Rufe Snow Drive and Hilltop Drive. In January 2024, a code compliance inspection of the property noted that LED strip lighting was installed around the windows and doors on the front and side of the lease space. This type of lighting is allowed to be installed on buildings but is not permitted to be used to outline windows and doors. On January 18, 2024, the owner was notified that the strip lighting was not permitted by the zoning ordinance and must be removed. A final notice was provided to the owner on February 15, 2024. Rather than removing the lighting, the owner has applied for a special use permit to allow the lighting to remain as installed. FRONT OF BUILDING (HILLTOP DR) SIDE OF BUILDING (RUFE SNOW DR) "K NOKTH KICHLAND HILLS On December 11, 2017, City Council approved an amendment to the zoning ordinance regarding luminous tube lighting such as LED lighting and strip lighting (Ordinance 3491). At the time, this type of lighting was exempt from outdoor lighting standards. As the use of the lighting was becoming more prevalent, particularly with the advancement of inexpensive LED technologies, City Council expressed several areas of concern, such as the building appearance not meeting community expectations and unnecessary brightness and glare from unshielded or exposed lighting. The adopted standards are online in Section! ......:11...11... .:.7. . ... ..��� Ou�dooir Illi ••Ir��liirlq The standards allow the use of luminous tube lighting to be attached to the exterior of a building upon issuance of a permit. The lighting may be attached to the roofline, parapet, cornice, eave, or canopy of a building, provided the lighting is mounted at least eight feet above grade and not higher than the edge of the roofline or eave. The lighting must be shielded or shrouded with opaque, semi-opaque, or translucent housings. Unshielded or exposed lighting or the use of reflective materials is not permitted. A property owner or business owner may request approval of a special use permit to propose deviations from or modifications to these standards for a specific property. This is the first of such applications made since the standards were created in 2017. Below are photos taken of the business at night. "K NOKTH KICHLAND HILLS LAND USE PLAN: This area is designated on the Land Use Plan as Retail Commercial. This category provides sites for community and regional shopping centers, commercial establishments, and employment centers. CURRENT ZONING: Most of the property is zoned C-2 (Commercial). The C-2 district is intended to provide for the development of retail and general business uses primarily to serve the community and region. Uses include a wide variety of business activities and may involve limited outside storage, service, or display. The C-2 district should be located away from low and medium density residential development and should be used as a buffer between retail and industrial uses. The district is also appropriate along business corridors as indicated on the land use plan. SURROUNDING ZONING ( LAND USE: NORTH 1-2(Medium Industrial) Retail Commercial Retail and restaurant uses WEST 1-2(Medium Industrial) Urban Village Self-storage facility PD(Planned Development) SOUTH Retail Commercial Office and restaurant uses C-2(Commercial) EAST C-2(Commercial) Retail Commercial Retail and restaurant uses PLAT STATUS: The property is platted as Lot 2, Block 3, Tapp Addition. CITY COUNCIL: The City Council will consider this request at the April 8, 2024, meeting following a recommendation by the Planning and Zoning Commission. DRC RECOMMENDATION. By the adoption of Ordinance 3491 in December 2017, it is the interpretation of the Development Review Committee that special use permits for the purpose of deviating from the luminous tube lighting standards should be for unique and extenuating circumstances, where the property carries a hardship unlike similar properties in the community and where no alternative solutions—such as lighting a roofline, parapet, cornice, eave, or canopy—have been explored. Outdoor lighting standards are intended to minimize adverse offsite impacts of lighting such as light trespass and glare. The standards are also intended to curtail light pollution, reduce skyglow, and improve the nighttime environment. The use of luminous tube lighting on storefronts, windows, and doors does not achieve City goals to improve and upgrade commercial centers and provide a positive city image. For these reasons, the Development Review Committee recommends denial of the request. 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J� 11; `. % i,„,.,,,,,riir c„,,�� r rYria,rdr,✓ �, , ✓ `lr a�` DISCLAIMER:This product is for informational purposes and may not N have been prepared for or be suitable for legal,engineering,or surveying n Feet purposes.It does not represent an on-the-ground survey and represents N 0 100 200 400 600 800 only the approximate relative location of property boundaries. IqRH PUBLIC HEARING NOTICE NORTH KICHLAND HILLS CASE: ZC23-0096 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 Blue Mound Cafe LOCATION 6455 Hilltop Drive Suite 101 REQUEST Public hearing and consideration of a request from Blue Mound Cafe for a special use permit to allow a deviation from the luminous tube lighting standards, being 2.13 acres described as Lot 2, Block 3, Tapp Addition. DESCRIPTION Proposed deviation from the luminous tube lighting (LED strip lighting) standards to allow lighting to be attached and used to outline windows and doors of the business space. PUBLIC HEARING DATES Planning and Zoning Commission 7:00 PM Thursday, April 4, 2024 City Council 7:00 PM Monday, April 8, 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 0 LU U. .................. BROWNING MEADOW CREST HILLTOP L MCCLELLAND HENRY ................. ANDREW DICK LEWIS .......... tl 71 7 17/11 -77 M 71 Planning and Zoning Department 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com NOTIFIED PROPERTY OWNERS ZC24-0096 5306 RUFE SNOW LLC 2701 CUSTER PKWY STE 706 RICHARDSON TX 75080 6455 HILLTOP PO BOX 670551 DALLAS TX 75367 BIPNRH LLC 17350 STATE HIGHWAY 249 STE 22 HOUSTON TX 77064 BRADBURY POINTE LLC 213 DEODAR LN BRADBURY CA 91008 BROWNING PRESCHOOL LLC 6600 BROWNING DR NORTH RICHLAND HILLS TX 76180 FB-ARMY NAVY WAREHOUSE LLC 302 E MAIN ST GRAND PRAIRIE TX 75050 LK POP DFW LLC 10190 KATY FWY SUITE 350 HOUSTON TX 77043 RSMC PROPERTIES LLC 6504 MEADOW LAKES CT NORTH RICHLAND HILLS TX 76180 SHELLBELL ENTERPRISES LP,THE 201 SILVIA CT LOS ALTOS CA 94024 SIXTEEN SAC SELF-STORAGE CORP 207 E CLARENDON PHOENIX AZ 85012 VALENTINO BONSER PROPERTIES LLC 1625 SW CLIFTON ST PORTLAND OR 97201 VOLLINTINE,CARY 2401 NW BOCA BLVD BOCA RATON FL 33431 ��mummiov'�""0umuuummmu uuuoi uuum uuum � uuum uoiu uuum Ouuuoumui 6 6uuu6m 50 a uuum p uuum uuumi 54m4 uu1m pi uuu m uu'' o 5424 6550 5306 5435 6709 ,,,,,,,,,,,,,,, 53,,,_,,,,,,.......... , ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 6451 MEADOW CRE T O Z N w ........................................ ILL HILLTOP .............................................. .................................................................................. .................................... 5206 6750 5201 5209 i i i muuuuuuu uuum uuum uuumuwuuv'mm uuum uuum uuum 1 �u�i�uum�m�u DISCLAIMER:This product is for informational purposes and may not N have been prepared for or be suitable for legal,engineering,or surveying n Feet purposes.It does not represent an on-the-ground survey and represents N 0 40 80 160 240 320 only the approximate relative location of property boundaries. APPLICATION INFORMATION Special Use Permit Case ZC24-0096 6455 Hilltop Road#101, North Richland Hills,Texas The following information was submitted with the application on the NRH E-SERVICES PORTAL on February 28,2024. DESCRIPTION I am applying for a special use permit for the location described on this application. Our location is a full-service breakfast, lunch & dinner restaurant with no alcohol sales. We are wanting to get a special use permit to allow the use of the strip lighting we installed during our renovations. this strip lighting adds a beautiful amenity that is done properly and not in a tacky way. it gives us a tasteful feel of a home cooking/home style establishment. "K NOKTH KICHLAND HILLS PLANNING AND ZONING COMMISSION MEMORANDUM FROM: Planning & Zoning Department DATE: April 4, 2024 SUBJECT: TR23-03 Public hearing to consider a comprehensive amendment to Chapter 110, Subdivisions, of the North Richland Hills Code of Ordinances. The proposed amendment revises and updates the current subdivision regulations in their entirety and includes revisions to approval authority for plats, general platting and plat review procedures, addition of a minor plat process, procedures for waivers and modifications, and design criteria for subdivisions. (CONTINUED FROM THE MARCH 21, 2024, PLANNING AND ZONING COMMISSION MEETING) PRESENTER: Clayton Comstock, Director of Planning SUMMARY: The City of North Richland Hills is proposing a new Subdivision Ordinance, which would replace the current regulations in their entirety. APRIL 4, 2024, PLANNING AND ZONING COMMISSION MEETING: The Planning and Zoning Commission opened the public hearing and considered this item at the March 21, 2024, meeting. Following the presentation of the subdivision regulations and discussion of the item, the Commission voted to continue the public hearing to the April 4, 2024, meeting. During the discussion, the Commission requested that staff review several topics and provide additional information on how those questions could be addressed. Additionally, staff noted that the public comment period was open and that several comments and questions had been submitted. The comment period has been extended through Wednesday, April 3, 2024, and a copy of the draft ordinance with redlined changes was posted to the webpage for the proposed revision (see , ...........Su,b, „ii ii, ,ii, „irk,,,,,,,,,,0„ir ,ii„Irk, „i.nge.. cayii iioi n.„). A copy of this document is attached. The following is a summary of the topics and questions that are currently being reviewed. At the April 4 meeting, staff will report on these topics and, as appropriate, provide recommended modifications to the draft document to address the comments. Following the Commission's discussion and direction on these topics, a revised draft will be provided for the April 18, 2024, Commission meeting for final action and recommendation to the City Council. "K hfOKTH KICHLAND HILLS GENERAL TOPIC SUBJECT Masonry screening walls o Applicability of screening walls adjacent to C4U Major Collectors, C2U Major Collectors,and C2U Minor Collectors o Consider a table summarizing approval and appeal authority for Planning Modifications and waivers and Zoning Commission and City Council o Public Works Design Manual Definitions o Terms related to stormwater and drainage Flag lots o Consider language requiring City Council approval if waivers from standards is requested Conveyance plat o Consider adding a definition and process for conveyance plats Floodplain o Consider whether flood hazard lines should be shown on plats Building lines o Consider whether building lines should be shown on plats Installation of permanent field o Consider clarifying that installation of field monuments fall under monuments supervision of registered land surveyor GENERAL DESCRIPTION: 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 serve 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. "K NOKTH KICHLAND HILLS 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. 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. Section and page numbers are provided for reference. o Approval authority. As provided by state law, the delegation of approval for plats is modified (see Section 110-74, pages 45-46). 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 are revised to reflect current city practices and the procedures required by state statutes (see Section 110-73, page 13). 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, page 14). This section requires that the City "K NOKTH KICHLAND HILLS 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. A new process is added for minor plats (see Section 110-151, pages 18-19). This process would apply to plats where land is proposed to be subdivided 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 are modified (see Section 110-42, page 10). 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, pages 25-28). 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 Public Hearing There are two Planning and Zoning Commission public hearings scheduled for the proposed update, as noted in the timeline below. Prior to the March 21, 2024, public hearing, staff will provide an overview of the proposed draft document. To aid in this discussion and review, 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 is 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. "K NOKTH KICHLAND HILLS o Draft ordinance (redlined changes). This document is a marked-up version of the subdivision regulations and includes an executive summary of the key changes to the regulations. The document is also posted to the webpage for the proposed revision. 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. Staff prepared 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 3 April 3 Public comment period on Draft Subdivision Ordinance closes April 4 Planning and Zoning Commission public hearing 2 of 3 April 8 City Council work session (public meeting) April 18 Planning and Zoning Commission public hearing 3 of 3 and recommendation to City Council 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 submittal calendars and guideline documents for applications and publish the new ordinance in the official online Code of Ordinances. The date also occurs just before a new application submittal cycle, so that new plat applications could be processed under the updated regulations. RECOMMENDATION: Continue the public hearing for TR23-03 to the April 18, 2024, Planning and Zoning Commission meeting. PART II -CODE OF ORDINANCES -W DRAFT 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 Page 1 of 45 PART II -CODE OF ORDINANCES EW DRAFT 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. Page 2 of 45 PART II -CODE OF ORDINANCES DRAFT 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. Page 3 of 45 PART II -CODE OF ORDINANCES DRAFT 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. Page 4 of 45 PART II -CODE OF ORDINANCES DRAFT 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. Page 5 of 45 PART II -CODE OF ORDINANCES DRAFT 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. Page 6 of 45 PART II -CODE OF ORDINANCES -W DRAFT 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. Page 7 of 45 PART II -CODE OF ORDINANCES DRAFT 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. Page 8 of 45 PART II -CODE OF ORDINANCES EW DRAFT Chapter 110 SUBDIVISIONS °� �" ��" (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. Page 9 of 45 PART II -CODE OF ORDINANCES DRAFT Chapter 110 SUBDIVISIONS °� �" ��" (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, Page 10 of 45 PART II -CODE OF ORDINANCES DRAFT Chapter 110 SUBDIVISIONS °� �" ��" 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 Page 11 of 45 PART II -CODE OF ORDINANCES EW DRAFT Chapter 110 SUBDIVISIONS °� �" ��" 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 Page 12 of 45 PART II -CODE OF ORDINANCES -W DRAFT Chapter 110 SUBDIVISIONS °� �" ��" 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. Page 13 of 45 PART II -CODE OF ORDINANCES DRAFT Chapter 110 SUBDIVISIONS °� �" ��" 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: Page 14 of 45 PART II -CODE OF ORDINANCES EW DRAFT Chapter 110 SUBDIVISIONS °� �" ��" (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. Page 15 of 45 PART II -CODE OF ORDINANCES DRAFT Chapter 110 SUBDIVISIONS °� �" ��" (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, Page 16 of 45 PART II -CODE OF ORDINANCES EW DRAFT Chapter 110 SUBDIVISIONS °� �" ��" (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). Page 17 of 45 PART II -CODE OF ORDINANCES EW DRAFT Chapter 110 SUBDIVISIONS °� �" ��" 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. Page 18 of 45 PART II -CODE OF ORDINANCES EW DRAFT Chapter 110 SUBDIVISIONS °� �" ��" (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 Page 19 of 45 PART II -CODE OF ORDINANCES EW DRAFT Chapter 110 SUBDIVISIONS °� �" ��" 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. Page 20 of 45 PART II -CODE OF ORDINANCES EW DRAFT Chapter 110 SUBDIVISIONS °� �" ��" (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 Page 21 of 45 PART II -CODE OF ORDINANCES -W DRAFT Chapter 110 SUBDIVISIONS °� �" ��" 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. Page 22 of 45 PART II -CODE OF ORDINANCES -W DRAFT Chapter 110 SUBDIVISIONS °� �" ��" (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. Page 23 of 45 PART II -CODE OF ORDINANCES EW DRAFT Chapter 110 SUBDIVISIONS °� �" ��" (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). Page 24 of 45 PART II -CODE OF ORDINANCES DRAFT Chapter 110 SUBDIVISIONS °� �" ��" 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- Page 25 of 45 PART II -CODE OF ORDINANCES -W DRAFT Chapter 110 SUBDIVISIONS °� �" ��" 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 Page 26 of 45 PART II -CODE OF ORDINANCES DRAFT Chapter 110 SUBDIVISIONS °� �" ��" 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 Page 27 of 45 PART II -CODE OF ORDINANCES EW DRAFT Chapter 110 SUBDIVISIONS °� �" ��" 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 Page 28 of 45 PART II -CODE OF ORDINANCES DRAFT Chapter 110 SUBDIVISIONS °� �" ��" 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 Page 29 of 45 PART II -CODE OF ORDINANCES DRAFT Chapter 110 SUBDIVISIONS °� �" ��" 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. Page 30 of 45 PART II -CODE OF ORDINANCES DRAFT Chapter 110 SUBDIVISIONS °� �" ��" (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 Page 31 of 45 PART II -CODE OF ORDINANCES DRAFT Chapter 110 SUBDIVISIONS °� �" ��" 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. Page 32 of 45 PART II -CODE OF ORDINANCES DRAFT Chapter 110 SUBDIVISIONS °� �" ��" (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. Page 33 of 45 PART II -CODE OF ORDINANCES DRAFT Chapter 110 SUBDIVISIONS °� �" ��" 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 Page 34 of 45 PART II -CODE OF ORDINANCES EW DRAFT Chapter 110 SUBDIVISIONS °� �" ��" 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 Page 35 of 45 PART II -CODE OF ORDINANCES -W DRAFT Chapter 110 SUBDIVISIONS °� �" ��" 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 Page 36 of 45 PART II -CODE OF ORDINANCES DRAFT Chapter 110 SUBDIVISIONS °� �" ��" 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. Page 37 of 45 PART II -CODE OF ORDINANCES DRAFT Chapter 110 SUBDIVISIONS °� �" ��" (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; Page 38 of 45 PART II -CODE OF ORDINANCES DRAFT Chapter 110 SUBDIVISIONS °� �" ��" (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 Page 39 of 45 PART II -CODE OF ORDINANCES DRAFT Chapter 110 SUBDIVISIONS °� �" ��" 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. Page 40 of 45 PART II -CODE OF ORDINANCES DRAFT Chapter 110 SUBDIVISIONS °� �" ��" 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. Page 41 of 45 PART II -CODE OF ORDINANCES EW DRAFT Chapter 110 SUBDIVISIONS °� �" ��" (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; Page 42 of 45 PART II -CODE OF ORDINANCES -W DRAFT Chapter 110 SUBDIVISIONS °� �" ��" (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. Page 43 of 45 PART II -CODE OF ORDINANCES DRAFT Chapter 110 SUBDIVISIONS °� �" ��" (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. Page 44 of 45 PART II -CODE OF ORDINANCES DRAFT Chapter 110 SUBDIVISIONS °� �" ��" (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. Page 45 of 45 k4FZHI:��'Ianning &Zoning NORTH RICHLAND HILLS SUBDIVISION REGULATIONS UPDATE EXECUTIVE SUMMARY A marked-up draft of the proposed revisions to the subdivision regulations is attached. The proposed revision would replace the current regulations in their entirety.This memo summarizes the major changes and revisions. While most of the standards remain the same,the topics listed below are the key updates in the proposed revisions. Section numbers are provided for reference. This draft is still subject to revision throughout the public review and hearing process. However, at this point it is drafted sufficiently complete for the reviewer to understand what it will contain as it is edited into a complete document. 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. 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 are 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. A new process is added for minor plats (see Section 110-151).This process would apply to plats where land is proposed to be subdivided 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. 4301 C Gy I::1o1nL I krlve ,, 'Voihhr Iyichlanch I I111c, I exas 76180 welos!Le:www 111 11LX ccrini k4FZHI:��'Ianning &Zoning o Waivers and modifications.The procedures for requesting waivers and modifications of subdivision standards are 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. To make the document more readable and reduce confusion,the following items have been changed and are not reflected in the marked-up version. 1. Section numbers and formatting have changed due to reorganization of the content and consistent use of hierarchical section numbering and lettering. 2. Use of the terms shall, shall be, and shall not have changed to must, will, is, are, will not or must not depending on the context. 3. Use of the term which has been changed to that as appropriate to the context. 4. Use of the term his has been replaced with their. 5. The capitalization of City, City Council, Planning and Zoning Commission, and various departments and titles. 6. Section references have been updated. 7. In Section 110-6, (Definitions), the term means has been removed from each definition. 8. The term sewage has been replaced with sewer. 9. The terms Public Works Director and city's engineer has been replaced with City Engineer. 10. The term Thoroughfare Plan has been replaced with Transportation Plan. 11. The legend below indicates the status of the text displayed in the draft document. LEGEND NEW TEXT DELETED TEXT I,x,aimp..1,�-r...aa.:!.... .�:r ..:P::-r:P:: Ex-aHMP4-a rrylrrytf-d4rryxt Underlined Strike-through text Color may vary Color may vary 4301 C Gy I::'niinG I krlve ,, 'Voi,Llh Iyichlanc� I I111c, I exas 76180 ( 17)427..6300 * I:::ax(817)42/.. 303 welos!Le:www 111 11LX ccrini PART II -CODE OF ORDINANCES Chapter 110 SUBDIVISIONS Chapter 110 SUBDIVISIONS C"()rI EasI S Chapter 110 SUBDIVISIONS...........................................................................................................................1 ARTICLE I. IN GENERAL.........................................................................................................................1 ARTICLE II.ADMINISTRATION............................................................................................................11 ARTICLE III. PLATS..............................................................................................................................15 ARTICLE IV. PRELIMINARY PLAT.........................................................................................................22 ARTICLE V. FINAL PLAT.......................................................................................................................26 ARTICLE VI. MINOR PLATS.................................................................................................................29 ARTICLE VII. REPLATS.........................................................................................................................30 ARTICLE VIII.AMENDING PLAT..........................................................................................................34 ARTICLE IX.TECHNICAL SPECIFICATIONS FOR PLAT DRAWINGS.......................................................35 ARTICLE X. DESIGN CRITERIA.............................................................................................................41 ARTICLE XI. REQUIRED IMPROVEMENTS...........................................................................................45 ARTICLE XII.ADEQUACY OF PUBLIC FACILITIES; PROPORTIONALITY.................................................53 ARTICLE XIII. IMPACT FEES.................................................................................................................60 ARTICLE 1. 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 Ewa _ Jl 2Es ggo �� t�f pq�ffEs grgD ed and limitations „ irv7. osed Ia WTe lawn of the .State o� Texas inclu in �We s�a���or NWT authorit ��c....e� ...............p.......................................V............................................................................................................................................................................R..................................................g........................................................................y.... Y spa as pr ;, �F ranUed in a'r .4.. �; UW I-(,, s Local Government Code, tr,L212.001 et seq,and .I I o tW er relevant lawn of t Wi e 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 4i � p Y iFY „c ,„I„%Uy 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. Page 1 of 61 These regulations are designed and intended to achieve the following purposes and are to be administered so as to: (u) e ��b8�_heu�h, s�fety, e*ea �-und general welfare of the (b) the city in accordance with these reggl�a ions,the comp[gb�0�ive p!�.iD and its constituent elements, and (d Provide for adequate light, air, and privacy; to secure safety from fire, flood, and other danger; and to prevent overcrowding of the land and undue congestion ofpopu|ution (d) Protect and conserve the value of land throughout the city. (e) Provide an efficient transportation n e two G4GJWla4GR-Gf#a4+c having particular regard to e+4-4�#*v,Ws, flow; n improving traffic safety !.]D� (f) Establish reasonable standards of design and procedures for +*de+ to further the orderly layout and use of land; and to ensure proper |eQo| descriptions and f land. (g) Ensure that pub|icfuci|itie� and services wit�l Ef,g2irements and facilities,and that develop ntb (h) Ensure the adequacy of drainage facilities; and to encourage the wise use and management ofnatural resources throughout the city to preserve the integrity, stability, and beauty of the community (i) Preserve the topography of the city and to ensure appropriate development with regard to natural features; | Address other needs necessary for ensuring the creation and continuance of healthy, attractive, safe, and efficient community that provides for the conservation, enhancement,and protection of its human and natural resources. �j)/k\ Sec. 110-4. Policy. | to T 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, itis the policy of the City that: (u) Lund 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. Page zofoz (d These regulations supplement and facilitate the enforcement of provisions and standards contained in o[di n a n c e s adopted by the city. Unless the context clearl indicates otherwise, the followin rules apl ly in int r r ting tT. te[m� �.Ind s gL� intent, AH pE2yisions, terms, l nEg�2.2 a Ee��ions contained in this chap f,'E et f r1h hrg.g.z.b.o.g this chapter, ��rieo, in any �pf�ific section of this chapter,a different meanin given for a term defined for g (P)................L:1�-,g�i ng illustr t' n and text. In the event of a conflict or inconsistenc between the text of this chal te[and any tT.gdinF,c�.ijl tion f g2Ef,,, illustration,table,or mal,the text will control. (L) is., a d ex m les. Unless otherwis s e if call indic t d,lists of terms ore amp!g.�� t��a use terms such (A)................�'O..Mp nlgti n 2Lti e. References to da s are calendar da s unless ot�lerwise stated, a io , or d cument it is construed as a reference to the most recent edition of such u e eggjg i n,or d cument unless otherwise s e if call stated. (g) 7echnical and non-technical terms. Words and pnEg.��e.� Z.]Ee construed according 12 t�e L2rnmon and Eop[iate meaning in law are construed and understood according (b) Mqe�gpg� and discretiona terms. The words "slnall," "must," and "will" are mandatory in nature, e�tgo!ishing an g�!igziition or duly 2�2mjl !y��rth the p!?E!icuIar p[gyision. The words "may"and "should" (i 7e s L pjyEg��, A�oEd� g�gd in the l Le.,errt tense include the future tense.Words used in the the context of the pz.iEticular usag Sec. 110-5. Definitions. (u) Generally. All definitions of words contained herein shall correspond with the most appropriate | definitions appearing intheCollegiate 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 tothem in this subsection,except where the context clearly indicates u different meaning: Adeqt�atepyL�icf f�ities. Fire minimum level of ser ice reggired for transp2Eta,tion utilities A8ey.Aminorpub|icri�ht'of+muy primuri|yde�i�nedto�emeu��econduryI����� � of access to the side or rear of properties whose principal frontage is on some other street. Y Page»moz pf Emit ed b tl�ie Texas Local Government Code, Assessment. The determination of the amount of the m,3. a t nit which � !Df,,D pursuant to this article. Block. A tract of land bounded by streets,or by a combination of streets, public parks, cemeteries, railroad hQht*of+muy\ shorelines of waterways, or boundary lines of municipalities and containing one or more building sites. Bond. A form of security other than u cash deposit tobe used us surety orusuguarantee. | Building. Any structure v4k--+ �sbui|tforthesupport, shelter, or enclosure ofpersons, animals, chattels,or movable property of any kind. Building�ine.A line established beygD�y�riich no p�.iEt��fg�gilding�tig!!pE2,Jgc ,e,�Lept as otherwise Building official. The officer of the city charged with responsibility for issuing building permits and enforcing the building code. Pyilding p�-,tMit. Written , ermission issued b t e cit for the construction, repair alteration or addition of a structure associated with an increase of one or more service units. Lollection and treatment facilities that have ,.3 life expfc�tgocy of five or more yggE.�� �.iEe owned and ��.E fa..�J J t.Y�=2�i ions for which impact fee� !Dgy be assessed. 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 m local roud���� urteriu|������, Comprehensive land use plan. A written document ontuining the development policies of the city 4�4�*g-grid.0 map ofthe city showing a graphic representation ofthe proposed uses of the various land areas of the city,-m4-wh4c4 _- _ _ - - - Page 4moz 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 it pn�y.ict fee for pgyMgots or cbgfges for or 'sy' G'!' . M(_a...- ...f la k.....rig 'p• :u r- r� ... t.q:: ..... �. ..Tn u`:J.P.... Cul-de-sac. A 4-eea�- �'. q. e.,......a q , ., ......q:r; ... a.y, .�...• a. � .�.....a... e.,. c °_ wvc al (' "street with an aII roved turnaround having....o..n..l.Y.....on.e.....co.rr.rD.gD ........................................................................................... .................................................................................................... . entry and exit. Dead-end street. A street,other than a cul-de-sac,with only one outlet. N Design Manual. The city Public Works Design Manual,, ,ash amen-dedl, that establishes minimum criteria for the design of public works/utilities. Developer. The owner„or 44c4a. 1"p op agent representing the owner of any i l.�r��„pearly being proposed for subdivisiona...reg r. ... .`.:`..... :...:.�I. ....r..!. . .`.C... :....�..?:.F,..p.. w° , . ws'vn' a'v'° ,, . u a la rA a n �_-.....i.a....:te w J e.,.... ° . ....p. i..vis i' ,­r. Developmen t Review Committee.A committee composed of municipal department representatives t .!....�g. . .... ..!.:.1I.....III.0 y..!.�.!.r.g....prGv4e--technical services in the administration of ve.lr I1 Mfo DI::r. laved. ....c)4:-...1..i.rae,"....( 4 ff-a.... . ° a'_ r.....r... r"r7....a....' ° ..i. l. :ta 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 re uiLeMent,A rec 2ireme..nt irrD2q ed as a condition for arrpEgr Yal of a .glat rrrelir�ninar .glat .............................................................."..:A............................................................................................................................................................'..........................................................................................................................................f......1..'............................................................'..................R....f.........................................................y....l..'..................1. building errnit . fanned develo. went district or other develo, m nt application to: .......................................g....I....................................p..................................................................................p.....................................................................................................................................................................p..........................................p..I............................................................ Dedicate an interest in land for a . 91pUc infrastructure im roverruent° .........)...............................................................................................................................................................................................................I...............................................................................................................................I......................................................... ....I��.�..).................. .?.r..:`.:tEg.:....: .g.p..!..!.c....i.9frastr..uctu .'.....!..mDE2yg..M.g.0t;..-2r .........) P f . aic infrastructure ir .prov.e.r.e.n.................. y in lie of constr�cting.ap�. .l.................................................................................................................... ........................................................................................................ .t....... . Facilit rax ansion:, The ex.ansion o� the caa acit o. an existing �aClllt that serves the same Y...................p............................................................................................1...................................................................................................1......................y..............!............................................................... .....................................y................................................................................................................................... function as an otherwise necessary new ca rltal im)r)Ve ent in order that the exl'tln �aCillt !D1 .i serve ..............................................................................................................................................................................................y............................................li........................................li...................................................................................................................................................................................................g..................................y.....................y................................. new devf.,!2l fnt. The terra does not include the re�.yair, maintenance modernization or ex ransion of ..................................................................i..........................................................................................................................................................................................................................................'..................R...............................................................................R........................................................................................1..................................i......................................................... .. 'ram_°�:---7 i i-�_�r�r.R" x_-rs y a. .r..r.z,-„ _ i n_ p 9e+Y3.... :...: _ _)Ga'..i-E-R'gwe_,&Fm'a Rr-a .• e­-A-C-t7 (*--he-Feafte R r 'q: ..i..v 4s'q' ...q p• rc. ..r.e., �' a 't'r9 Fina p at.The :t.......44d -3: _ q.,�.,a.._ ts",„ �,w�, ,-,tom`"�;;, }�;.....," 4r-V y-e.r.......w.;,,. uq; ..Y i .qs�..� i r...... 9.e4y—r-� •,..... _.. _r...... ific-4'u -rrar'k r'e4_,re r'instru. ment that becomes the official accu.�rate . errnanent record of the division of land. ..............................................................................................................................................................................................................a........................................................I............................................................................................................................................................................................................................. Final fat a royal or a royal o a final fat. ri e . oint at which the al r rlicant has complied with p...........................pp........................................................pp........................................ ............ .......................p.................................................p.................................................................................................................li........................................................................................p.................................................. all conditions of al r rroval and tbfe . fat i as Yaeen released for film with the county clerk. .................................................................................................li....................................................................................y.....................................................................................................................................................................g.......................................................................................y.................................. Page 5 of 61 Frontage.The side or sides ofu lot abutting u street hght-of+muy. in order to geDeE!.i e revenue for funding or recouping t�e c2.st� of c!.]j[ ital impEgyernerrU or facility ions necessitat d b and attributable to the ne dev lol MeDt, ri� term includes amortized ����, or off-site water distri, ut on wastewater collection or dr inage 1�.iLilit' ordinance and is necessi at d b and attributable to the new de el l M=D constructed except in accordance with Section 395.019(?.), .Texas Local Government Code,and an 2LD.eIE 02a.Y D.2.....Of Efj4gired to construct or dedicate facilities and t pay irnpgc�t -ees for those ��� t.and tise s tj ption � A d scrip ion of tl�ie service ar a and pE2,jeqions of cinange� in land uses, d i ies int nsit e , and l opg!g ion in the service area over at least a ten­ye�.i[pf Eiod which has been t�ie it and upon��riicin tl�ie capital iml EoygrngD s plan is based. Local street. A road intended to provide direct access to individual properties and to provide right- of-wayforsewer,wuter,undstormdminugesystems. Lot. A Page oofoz The term Iml EgyerneD s Elan serves as the standardized measure of use or F New devel=�-,Lt, The subdivision of land; tl'le construction, reconstruction, redevelol fDeot, LoDyeL.,i n structural alteration,relocation,or eril r ment of a struc ure o an use or extension of tl�re *�e��a � {ff-s 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. Mite( pgLtf�-,c�s)� Located entirel on p[gpf Ely��nicin is not included wit�iin tl�ie bounds of tl�le | g§s e s s rn e n t.... Owner. Any person,group ofpersons,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 � subdivision plats in accordance with these regulations and state statutes. | Planning division. he division designated with the responsibility ofaccepting subdivision plats for the city and preparing the necessary documentation for the Planning and Zoning Commission. Preliminary plot. Page 7ofoz 2.0 behalf of the city 2 p[gyide services to the pg�!ic, including e ist ng god De,�L �f ye,!2l MfDts and ub���� Public improvement. Replot. A 1AW.' -revision of Right-of-way. Right-of-way width.The distance between property lines measured at right angles to the centerline of the street. erves as the standardized measure of use or F Subdivision. ATh��divi�ionof�a+-tmctofland he dedication of streets,alleys and easements. including, O�t Dot�imrted to, land or easements, treatment facili ies lif s at ons or intercep L �?ins. Page nofoz of which are reimbursed from l Eg E�1�3 lgf�� p!.iid by df,,velopers or owners of , in other J n..C..I u d i..n g,�g 0��I.Jimrt.e.d.t.o,I a n d o r e a s e me.nts,water treatment facilities,water sul p!y f�-.]LiJJ tJ e s o r w a t e r. distribution lines,W.3t r facilit excludes water lines or mains which are co st u t d b de elop , T era Sec. 110-7. Official city map. The uintainng an offciu| city map that indicates uU subdivisions,lots,and stre The official city map shall include the names ofall streets and street suffix classifications. Where street name inconsistencies exist from one subdivision toanother, he official city map ������� he �enem||y accepted street name, its proper spelling, and suffix classification. The planning division u��i�n���treetuddre�s��*e*�e�foreuch block in coordination with a-R4 4w-sf--, he fire marshal. rK Y 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 u subdivision within the ity. In addition to the requirements established herein, all subdivision plats the following: | (u) All applicable state statutory provisions contained in \�F-.�A� Local Government Code, Shqp f=,E.- 212. | x (b) The zoning ordinance, building and housing codes, and other applicable of the city. (c) The official comprehensive land use plan; capital improvements program; of master drainage plan; parks, plan;tmnspo�utionplan; and any other o�iciu| plan adopted by � the city council that ------ the subdivision of property in the city. | Page emoz (d) Any regulations of the city and county health departments and appropriate state agencies. (e) The regulations of the state department of transportation when the subdivision 7..(*--my a- i-r�,—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 N located within the ew w _ Ii ( city flmids. N Sec. 110-10. Conflicts with public and private provisions. a rt�is cY�a.der is intended .o corn rlernen1 o Wier cif sae and federal re gla ions .tWat affect land develo rMfD , [bis chapter is not intended to revoke or re real an otbf=E r2�, lic law „-V.j t....w.�,,.re ......................................I i.............................................................................................I..................................................................................................................................................................................................................I L.........................................Y...........................................I L.......................................................R....... 9 w :t...... .... e ira _ _r_ ,A�er....a... ordinance, rule or regulation,statute,or Jl.f EfDit.2:c- _ . r( 4m f- a -. (b) rtl..!-`�....ci-a.p f,,�....!..:`.�....n.�?:�....!.n:�.�'.n.d.�`..d....:t�)....rev.��),I<.�'....�?.�...��..I��.'.°:�.I....°�.�..y...:�d r��.r... s��:�.... .... "E3r� at_ . easement, deed restriction, covenant or any other private agreement.( m _ re-s:r R In no cane is the Cif to Oa 2011�ated to enforce the .provisions of an easement deed restriction covena.n.�....nr oUther .......................................y..........................................................k:A...................................................................................................................A.'......................................................................................y...........................................................1.............................................................................................1........................................................R.................................................... ..,.C . .. . ..n..�` Yae�rween �.yriva�e ��yar�ies. k' ..............................................................'..........................................'..................................... 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 1424, 19 94�,as amended,are hereby repealed. Secs. 110-11-110-40. Reserved. ARTICLE IL ADMINISTRATION' Sec. 110-41. Building permits. (a) Plat required.dV -A building permit for residential or commercial construction wil I„not be issued for any primary building on any parcel of property urn„lens iG4--a final plat has iR been approved da d eu v if-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 non- construction activities. Page 10 of 61 (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 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 Nthat the value of such proposed construction, including the cumulative value of any proposed 4and 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. (b) °4 -r +la l AdA_,gygpt_,public,facilities'.dV -A building permit for a primary building will not. be issued until f., public facilities have been installed and rece.%ve.d..a'. approv„led 4yt�M 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. kAS f. .9... 9. +94....V_ 3 �=� 9��-g^v�;h-�. w���:����-rr� s � �. ,,., ,• „w,....:Asa -�=kw��,�.:t --c ...:t.q:: .i. -p-I.a�-� �y=�..r �l Sec. 110-42. a9riai i ication airy waivers. .................................................................................................................................................................................... The Planning and Zoning Commission may gplgrove :re arr9.me,. ...v m°. w,s--rroodrfications or waiver.` from these regulations )— �nc+kupon written request from the� °o g„fall l„icant„stating the grounds for such erno.d..!.:f!..ca.:t..!.o.n.......o.r......waiver. Where the c.4y c-e I.......E.!.i..D.D.!.r!..I.....:�.r.�.......�:�?.�.i.�..l...... C.2mrri§s.on. -finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations, /or the purposes of these regulations maybe served to a greater extent by an alternative proposal,it maybe arnrne approv,-A�m.odi„f.% a„tJon of orvv,a„iver§c to these subdivision regulations.Such..:a...:fin..�..in..g...Yu..!..�..�.....not....have....the...effect...o.i..o....P4:eVkk._' t.... w aaee 9441 ffet4 e- _ _ &et(4-nullifying the intent and purpose of these regulations.. . ., ....................................ay pp a ......:1 r#K_+-yrO _ t4=a�The e.9:� e4R64-1.a..n..r!..!.r!..g......a.r!.�....... :?.n..!.n. ...... ?rr his s ion may approve mod„i„f.% a tJon-s or wa.iver..s va+RFfce,.,--unless it&h4l makes findings based upon the evidence presented to it in each specific case that: N (1) The conditions upon which the request for a e-mod fication„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 N (4) The va+RF+eerrod fication or waiver will not have an adverse effect on the intent of these provisions or the comprehensive land use plan. c ..lfe a . licant i-as tWe ri i o a. eaal We disc. roval o�a waiver or rrodi�ica ion o We Cif Council.N (.......).................................................IL.....I........................................................................................g......................................I�.II......................................................................I�.II...........................................................................................................................................................................i...................t.............................................t.V................................................. N Created: 2022-06-22 08:41:19 [EST] (Supp.No.33) Page 11 of 61 Sec 110-43. Enforcement of chapter regulations. (u) oDing land int lo s blo 1<�,and streets within tl-e c ly,oE ell P[Ql f E!y therein and thereby,that has not ef,44t+en-s-. � (eb) 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, is considered u violation of this article. All such described subdivisions are subject to all of the requirements contained in these regulations. (A).................1e Q m 3'y Ee!g�f� to gg horize or malke utility L2rmg�tions on the gEogrid.s �ft forth in Texas Local (e) A4e^bui|dingpermit�iK n o t be issued for the construction ofubui|din e*++a-|ot plat y .................Y., 12.912g.a D.... 2 administrative l 2!ic is ye building l f Emits for residential (f)....................Ap prgy�.'1 2!a.fina I plat is not deemed an acceptance 2!tbe pEoP2�f.,d J�gdications and does not imp2�f. l E2pf E�.i2thorities.Q.Lthe City haye b��tl-�given their written acLel tgD�e,2[ �-.]D d a v e. Sec. 110-44. Amendments. be amended, supplemented, theCityCounci|�Fh��i� Page zzofoz | R+4ff ePlanning and Zoning Commission and the City Council must conduct u public hearing on all proposed amendments tothese regulations. The public hearing must be advertised in u newspaper having general circulation in the city ut least ten days prior to the public hearing. Sec. 110-45. Requirements for completeness determination. (u) Every application for approval ofu�������fp|u p|un subject tou determination of completeness bythe of tAapmiff | (b) AD_application shall D o t be comp|ete 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 or the type of Y plat��������bein�submitted ; und ] (3) A nonrefundable application submittal fee,us specified in the fee schedule. aDDing (L)....................lb.f� E.!!. , givision must adopt a written list of all documentation and other information that the | (d) A determination of completeness does not constitute u determination of compliance with the substantive requirements ofthis section. Sec. 110-46. Determination of completeness; expiration. (u) Not later than the tenth business day after the date an application for plat approval or plan eA�� � development is submitted, the 4Dimctor ofpp|unning make u written determination whether the application constitutes u complete application. This must include u determination that all information and documents required bythis subdivision ordinance for the type of plat being submitted or other requirements have been submitted. A determination that the application is incomplete must be 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 plat ore4&vekqa+�e#-p|un filed on or after the � effective date ofthis section is deemed complete for the purpose of determining rights under Texas Local Government Code, Chupter245, 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 Created: 2vo'v+ovo.*z.zvcorl (supp.No.»») Page z»ofoz 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. N (d) An application for t=we'+rir �u964-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 it lg approval cA-4-4 pf-e4i n" 4 *4na9 pd -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. "ul " "i..v i" p"i.n P"fat Required. It is unlawful for any„individual,person, aS..s O..cJat.12n,,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 development until. (1+..:UtT=At)f ei+*�i.... plat,.... _ f I. ......iff c a, a:....a se _ 9.:t.q:: ....:t..l. ....� .> ens ...has received a rovaI from the : 9a..i. :.. " - ..... r ..:....C.!. : ....:....... r v.!..n......:. .:U W c.�.!.:�........ .n. .pp f pII I� III g y, : . . ..'... .Nn .:.P....a.. .y:a..... _ ." ¢" 9-i'3�.�:.. .....p...a........ ...... .P... .w" ..q.y. .q.1.P..TI"ire-h'iwc'ei-ri-re.w-t�- ':.� _4w4h.9 n-4'+es d "W,-, .r.r, «III- ".a ..).nnv:�'�-r�--` r�''-rvz! ,.k- a""�—o i cxr-rre7-r_ .. -... .. ... ,•,• ....a... .... ... ➢ . he approved "� - _ _---q:-l .�r, ;9g,t -9 plan d . . .r-I-ic9a-lhas been filed with the county clerk. Sec. 110-72. Classification of plat submittals. Whenever a subdivision of land is proposed, the t9aiPlannin„ rCivision will„deerrnine arc* pp9u ra w„n � lni .�:n tyll�� .. :�...: N ra vic ec ucA al � .aplication is reggired,....:�I Page 14 of 61 Sec. 110-73. General platting procedures. The gf,,nf,,rg„I procedures for obtaining approval of a subdivision plat for unplatted property include the following steps completed in the sequence listed below: a 7ranin cban ra. The � e ra f(4r-a. rooyal of a 7.onin district cY"pan e t� _ .�an�99a ........)..........................................7............................... ...................................... I.IL..........................................................................................g........................................................................g.......... g a4 .9^�g­ C "" a... e-c4y - ... ", .6F9 ....R .R xqU-e_P....a.. .�V r.a.f.}f ..`.....Ef.g.g..i..��'.d.....w.�..�'.��'.....t..�.. current 7.onin classification is not corm ratible with the t .f of deyelo. rr f=D. Y.fJ.D ro. osed. rhis g....................................................................................................................................................Il.....................................................................................................y.l.....................................................................1.............................................................g.......1..............1............................................................ Irrocedure rra be concurrent with the submittal of t-W -a mi or . lad or a.iM fDdin rla�. .............................................................................y................................................................................................................................................................................................................ ...............................................p....................................................................................g....11...................... (Yak Preliminary plat.The apll Egy!.]l�� s u. a preliminary plat y4c-aUr-io r4e.44r_ . :, . g a prerequisite to .... s,.�!.b.!�..!.:tt..!.ng..a final plat.The minimum requirements for a preliminary plat submittal are contained in Article IV, Preliminary Plat. A rr�val ra �ablic in rastr�act�arra lane. rtT=a. . royal of r20lic infrastructure . lans is a rrerec uisite pp................................. ..1....................................... .................................................................p..............................................................p..I..............................................Il...................................................................................................................I...............................................11.............................................................. to s2OMittin a final rlat. The minimum rec uirements for . gY !ic infrastructure clans are contained in .......................g............................................Il...............................................................................................................................................................................................................I..................................................................................................................Il............................................................................................................................ the Public Works DesigD . ,"ir r,. .. ,a...... a.............. .................. .r.. a..rn.."" rq i.��ra..:f .�...a...., � g_ . _ . g...,a.r44e ... g. e4a ..i.:4atu4 eovffa. c s { 9cawa.> . q: rdr9r . y q C.r.. a.:t....w4h4he,....R: r;.,....jl.at..e plat. U con a r. royal of r2Y !ic infrastructure . lans an a. rlication for al r. royal of 1..............................Il.....p...................................................Il.......................................................................................................................p........................R................................1.11....................................................................................1............................................. S... " -" (4-a final plat __._...e" r,,.. ).. �,,. .M.:g..y....o.f'....:`.�.go.Mistt.�'.f�..:...A..1�..1�.L2y!.i..i..... :... ...:f.i..!�.:a..�.....Il.!.�.:�....is required prior to the filing of a final plat with the county clerk's- ace. The minimum requirements for a final plat submittal are contained in Article V, Final Plat. (....) 44)................A lafi:.....L�p r.r.. a....:fq �t....Y ....a.q:: y_ ." q...... 9p w y 4 _ w#4 4 (.�'.).....(-5—Construct public improvements. Upon approval of the final plat 4y the c-ity- c(y ameiI -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 I racrardin ra lat. I Y. on corn. lgtion and acce.Lance of r20lic i . royerruents tt�f final . lat Ma Of filed ......)..............................................................f�..........i�..1�.................................I�............................................I�.......................................................................................I�..................................................Il.................................................I�..............................................................R.......................................................1�.....................................y............................................. . uedlSec. 110-74.. I; 1. . l .irp � 1pir .. � .. • The Planningand /.r)Din �,r)r"r"Ir"r"Iission is the r"r unic' al ggtb"I Elt rE ronslYale for a). rr)yin rats ursuant t) ................................................................... .............................................................g........................................................................................................................................................p.............................................................y......................Il............................................................................Il.....p..............................g.....11.............................p............................................................ Texan Local Government ,ode......Section 212.006.d rr�;w, ,_ ,ts��ap _ t_ d Ursa l. _rmit f��r--Y=krew,....�err ........................................................................................................................................................................... ................................................................................................. d.r..... .r.... 'r .._" . :> U.....,5 q 1..... . . .r....a.-R4 Q4ta4JR.... 'q;" ,.3-1 . ",-, a t• u;d44& .....:fr t9ra 9: .0 I..I...... r 144W.q.,s"" r..l. aa.,s i _ tq:: .��.a- 4 r _" .r .......}4e4:�.p... a..l....... m-mow , g.......,a... q... +W)9r—rY. ..........II..Iar v:..!....... rit.V.......: .�.......`..I ' .!.:I.. 2iadivision.......I!. .it..:j.V..p .`.....i..s f..0 rI".i e r d e fJ n e d b eJ ow.. (a E'.r iminar lat.s. ri"Te Plannin and �.onin �,orDMission must a. . rose conditionall a r. rove or ........).....................................................................y......1.....................................................................................................g...................................................................g..............................................................................................................................I.I..........................R...........................................................................V...............11.....1..........................1.................... disa. rroye a . relirninar . lat a. . lication in accordance with this cha rter.Additionall the Cij !,2Dcil ................I.II...........................................I....................................................V.....I..........................I..I.......................................................................................................................................................................................................Il.........................................................................................y.a..........................................V.............................................. Created: 2022-06-22 08:41:19 [EST] (Supp.No.33) Page 15 of 61 t 1. P Mye.'gl prove with conditions, or di,al l.move P Ef=IJ m i n ga l g �.ippjication in accordance with ....................... .............................................................................................. ..... ........... ................................................................................................................................................... jt i..s c r1a p f�E.. .... ..... ... ) E�221P�qp, lbf nninggod nF�o!D!D is sio r mu s t a..p pEgyf conditional)Ya [gyf 2[�i sIl E2ye.......... . � ..................... .................... . , . ........ .. - ppj ..� p fl al pjg !.ipplication in accordance with this ci-a, ter. D......... ........................................................................................................................................................................................ P.................... M. i.n. o r P�qp...........�..e.p�qp...........g!2!1 P.121 he Director of PlanninF 0 .................... .... ....................................................................................... ........................................., is..........a u t�.i o rJ z..e d...........t !�D�rtionally gl l Eoyg, 2[�isajl l Loyg g M!DOE ........... ..................................................................................................................... ................................... ............... . .....P le.l. 2.[ M.e.oding l g gpl !ication. The Director t t arroing �..oDinF M.�].Yj...........2L S3 ny f ..... ........... , �2MMission t apl Eoyg,f reason f=lf=�t t2 . resent=.D........thf= . lad..........o.. bf=, Ej� .......... ............. 0.. ....... = tre -3 � ?D .rtionally gpl[2yf=',2L�isajl pEoye =l !�. t ................................... .............. ........ Sec. 110-75. Application fGn*"ind cGAte for ap� rPyg!' At 1p ................................ ...... A P..�.LHm�!e.s al.my!? of l. rn.g..'t P nly t2 g D d file. ....a...C..2py 2!tbf� l !�.3 w. J t�.i t e P I..a n n i ri g Division..... ............F(.i e. lack of information under any item sl f�ifi d ner in, or incorrect information sul p!ied b he apl !icant is cause for .............................................................................................................................................................. ............................... ..........f= ............2......... ....................................................................................................................................................... ........................Y.1...................... .............................................................................................. d.i... a.......pl 2f,If II� ee also.Section 110-45 Iegg[di F Efg2iremerts for co l ftgof&s�ftgrmination. . P . = ................................................................................. ..................................................................................... = = ........................................................ ..............Ap..P ication,fr m and content. The subdividing owner, or authorized agent, must submit a nw-4W--,,-, application for a subdivision l g to the city on th-&+:� y�forms �pEoyidfA by the Planning Division. Written consent is eg2ired from the le ga! 2��Of i �E o tbf� pE21l f E!y if the al l ! cant is not the ..............................................................................................................E....... .................................................................................... .................................. ...................................................................................... .owner o f record. .... Ya :.S t.j.b m iI t..q d..a t e..s.., A.2l !i c a t..i..o n s for s u b d iYJ s i o n.. p!g..t.s !Dgy Of sg mi t t e d..on sQecific dates e s t a b..Iist.ie.d.. by ItT. pjgoDing division, A al p!ication for a subdivision l !�.3t will nod. be accel reed until it has been .......... . .... .......... D ....... ............................................................................................................................................ ........ ................... .............. .......................... ..................................................................................... determined that the submittal i and in conformance with he r f4girements of this article. ................................................................................................................................................................. ..s corm. f=,� .............................................................................................................i t the ......e.. .................................................................................................................................. qh4l e 4w�-awn-e�- feeer4—. �he lack(444er+4,-A-+eP--ur�der 9rw+*FeCA- 4w--.:hgp 9 ea+a"-41 a q q b r 4 rev,-A-ef-�-'e P4347 (L) ..7 a x..e s crud limns gid. Prior to t e consideration of a s u b d..i yi..s..J o n. p!g..t. Y y !Q.t.y, an �k=ji n..gggot faxes a nd Oy tg D d.i n g!i e n s d u..e to the Li��mus.t....b...e..p�a.i .... .......... ........ . ........ ...... A) AP1ication Eyg[ gl !i c a n t for a subdivision b d iYJs i o n !3t l g tbf gl Jc a b]e fee a t t�e dime o f( ............. P . p .. .. � p ........... .i ........... submittal. The fee must include any Ef.LoE�inF .............................................................................................................................................................................................. Ef�ggir d b tl�e count office.A� p!icatiori fees .......... ........aired.......Y........................ .............. ................................................................ .a r e e s t a b.IJ s Li e d.by sel gE�tg 2E�i n a n c e...a pl E2yf=,�Oy1bf='�i ty c o u n c.1.1 ........ ............................. ................. ... ... .................... Sec; t4a s4al4(m44-ute- f4e4P.A�+IaR4+R4 d44---( e f K-4-u ry r r m a q a I;:. a I pr9v,-A-qf-�-'e I(--,S" e dew--k+pef,-a e4&n-,h44x--4a4<-e rF-b y44f--,fAa+iR i+W at Eve - 194�Vk4g�S -rA4t-34@11 4P�-CoRsi.- - 2,k44GW�qg C4k--R,3--. rn4e44e4w--f n+Rg-a-R W-NE4 FP--P--k+R"-r(pp-f-A.qP'+ IX--e-R Page 16 of 61 t4h a:. 4. ....:.¢:: _ :. q..... gip• . de �'4E3'pfpeL.tc,...:t4P-4JR.:t.PAP" — ':a E3n "4'Fr�:"... " F4 +C3K �. 4: ." _... t4 P' a" ,Vn d i w ram: .....L :. ".. 4y..; _ 4i-G4 _.......4:J' :. i&�4='l'G4R4ap�-,U#�r"'" .Sec;..... ,... ... . e. ...., .See;..... ,. . ..l. l,. t.i... ....fees-.. q;" �r�,,u�r�c�^�'ki' > ' •' . a..l....�. . " .� r-y='�� :�..4. ��.�.,..��.y,:.• " �yal.��...:f'�e-a�^,-�=4�'u'�-�-�... ..� ._ _.q=�- -�r..�;....: .q�.a;,�' -,--�A„-�=,;.... _ "'9p�1:� . ��.q.....�{ ..I.�. � q�}� _... ....R:_. . �I.�.,.... -i' _ 4=• c" �` ' ca' 9-I, d' -W�s�4.u.+�+= �..... .• y �y=�.. s'u��wa..... _�.'��....4a' " . ...° _ ....q::d,�-�n�,- �.:�a�--�d����...+":>... CA 'Y44(--t i' .r d t.4eC. 4.... d=f3 -!= Pp ��'3'1'-1-43-:-�"'FC" w r°fir,rtn es �u'', s' ." 'a�w � g ar ' " _ a-ra.. .q: 'e'ec a '4: ..,.....p{ .. ;-a+d .- " C'O G9'4 G9'9-.5:,,9' See; 140-91-.Ahieathm-ef-�. A4-act4R,34er .... q: "Y I ." . S & " _. " .....�✓.�"e ., W &9,R fl w;,' .e.cm.... ,.0- ,,,,. iraddting " . ••wi-Ewa..r....,r��✓ctua...S:�....:�£}-,��--="' ..° °.r443..�a-q�:;-r4uag. •wi. ....V�3.Ifi �. ,"° �: ...{�4- d:p....,r� '. ... q.�q�=y.,r�.q.q.:�. •wi.....; q.�a ?:O' . ... ram...° _ ..� ....a'q:... a..l...-Ewa...., . Sec. 110-76. Pfecessifepfe4minafy � .t .�. �.....Ir yse .qgr... ...!.... ............................. N The fool s aIK�IK�l �2allsaa�iviio [g!.f are.s in tWis chaIK.A...te.r. ...........................................�� in ..p.r�v.i. i�n.............. .................... ................ ..... .................... a Initiation. Flne city rr2.s review and take final action on an lat a. �lication wilt iin tWlirt ICY �4a ss o ........)....................................................................................................................V.........................................................................................................................................................................................................................................V...... ...........................L.IK...................................................................................................................Y......................)...................V...................... 1�e a. . lication being filed in accordance with the . r��cer4uares anr4 timelines . r��vir4er4 in Texas Local ..L........................................................................ .............................................................................................................................................................................. ..................................................................................................................................................L................................................................................................................................. .Governrnent C.2.de .SeStJon 2 12.009 . The pres� EJbed.lrrfEi..or4 f..or reviewiny� a p I a D2 0gJn until t e. rla ap rlicatJon is deterrriner4 to be c o nn. le e in accordance w tt] .Secti.on 1 ICY 4r5, Ya S'tcr rraviravv... me Devel2 rrroen.t Review CorrmJttee m u s t exannine all . lals acce. er4 [oar review for. !�rr p�y!iance with then'e re uala�ic�ns� the z nin� ��rr4inance building anr4 Y"c�as in� c��r4es anr4 ���her ...........................'............................................................................................................................k'A.............................................R................................................................k:A...............................................................R............................................... ........................................................................k:A.......................................1.................................................................. aL.IK.r....l..i..c.....aale revel �Iren. codes �... 6e cif...Y. "e . �rrrri..ee ras. IKrr.�vire a written.en statement . .. .... .. . ... .... ..... .. .. ............ .. .. x ...... ... .. .. ........ ......... ......... .. ............ ... ... .. .............. ..c�nriic�ns ��rW e c�nr4iic�nal a. rr�val �r yeas cans ��r r4is a r. r�val �� W e .................................................................................................................................................................................L�.IK.............................................................................................................................................IK......p......................................................................L�................... Page 17 of 61 (L) [ �-,ci, i n5 crud p!2�t:�A-,cision actions. The authority Eg�p2o�ible for apj�Egying tbf, pjg Mgy f.,ither .......... ..... ....... ......... .............................................................................................................. ............................................. .................... .................. ....... .......... .......................... a P.I.Egyf=ll gjK lK E.2.v e w..i..t-.i c o n dil.i o.n..s, or di.s.app[gyf.,lbf.' pj�al.... ............. ....... ................... ... ... (1)...........tl h.2 I !�.it is conditionally gpi Egyf,'�2E�isappE��yfd, tT.Leasons for such conditions or disapp[Qy�aj .............. ............................................................................................................................................................................................. O..e i Lovided in writi g in accordance with Texas Local Government C de,Section 212.0091. .................................................................................0 ................................................................................................................................................................................................................................................................,ode ..................................................................................................... 2)............ tT= gpplignt may submit a resp��O�f.' to tbf, conditional) �.ipp[gyf�� ��E �isaj� PE��ygd l� The .........) ..... ....... ................. ................................... .............. ..................... ap�Egyngggt �Et u21 �E�yg�E�§a �E�yf tf f��t n !fe e n calendar g D d aE�ay, In ...y M........... .... l � � J . j � = b .......J..t................( ) .......... accordaD�e with Texas Local Government Code,Section 212.0093. ...................................... ............................................................................................................................................................................................................. .................................................................................................... (a) Up&R Jfff-4M i ffa-F", d paymp--R-I4--.A-r-equu%A4�i F+g fe,es, - e tAa+I'R i++ff-d+v4-b i qff--s'IR4-C 4p--G4�' -,JaF e'F.�. Aat-f,&r eam e np-,.,s 149 fA-(--1 4P4RQ-Fy JA4 e 4 pre4pi4�a m4.�aq May-b e e p4an n4-Rg a i,4-A.e4m (e) a dvipsied cA-,-YRy ef,.3-11"M pebe4+eq4remenI-s by t4�- n4F.,-GG M-R 7:4W---@+)1, M 544R*#,R I o a q See; 140-94-.-gfective-IRefted-Gf-lpfehfn+nairy-ptat-alRpfGval-. r4e-�r P41R-R q r��ri4-qY4R g--e&mfR+'A-q eff-ef-a-pf 4- i M i 41t-b 9-#-'e4w-4e r &R"- (--,a l-..e....I I p4A a ja r4+&--P et be-e &4 -1�wm 4ea y e, -..3 r(.-,a. E-9 V Y--th- w4*R of p r4-4R;-i 4a�- IaQ44-e�- -' 4J-A-a t-�7 4K-�V-9-1 a r44ef,-, p r4-4R;-i rla rGv.@ I F,i, e-d-e-,G4r-(-�d q �1 a-Rd vQ4,--w r4e.�- .n-eyk--R-S�' Q�4M P-45-. a-R4?.()n4jRg G,&n4q4.Y,'K-�. .rY,4444-&R Qf-a-f�- 'M i44arY--f,41-,4`t rKA--r(-`GP-4V+R @ 1 4@4 the+9 14.4R i4g_-a-R44. i-Rf C(Y�MGII I W4W14#K-' Sec; 140-955�. mce&M-q�' -iatsjra+r*n4ed pLatsor-ire -plats-. rrn ar4 e--J. P41", AK)ft-f,&rm p4at-,-er 4aq p4a"- -1,44-19-e i&-RO"- ete+R44e4 to -Ae I ja--at s4a 1-1-b"--rocp-�X--d k*+(-�V4--w4er rp*4k4+-a-p+ rw t Ih+s t)fev+eu-�4"fa-�e d4'>Y-th p4an rH*F-�Hq4 7 �. n-by4-4-e, p p-R4-+g 41ea4Pf fw4 "r tck44f--4 e a r"qg 44,�. ge-& J44R4rW--a44-Z.( A y Pa-r-.�, ,- 3vp-4-4jR--j3,-.A-....a-s Page 18 of 61 fkr .:t._ P •° • _ " _ •°.q.p.. . •....... •.• .,-,� "r.......'.•. .°.y,:. �, �.�.,.....��;d4�4�s�aa....a.q::�ar9a..l..... �:�- ° e�„,-m;,=��u �..��.y,:.• �����,��gp.. �q�4-Yam"-��� . -.. _ ��...:" _ °, . •�..rr�9 ;��,;,.R;:�.�.,..r��Ur-i�� �r r :t. .u9.q: I._ ..,s... _ ...° •w,. ��.q.a... .> .. .... a....q: Id= 9" 4 S-1`4 -I..... _ . ._ a....9a 9:a..1._ _ .r... i a...... aU.. ;r °°. °t :,. v -W _ by ��,� ........ .:q- _ °�. .�.I....a.. .v" �-�y� �4-i�>�"•�.-,��,.�c� fir ..... �a°�w��t t �Cw� w ,- 2 1-?411f4, If 9 � _ .. ...:" _ .,�9ae �:W4y-a9a4-kfi-�I,�. ° �a r s a.r • (--,...e...... q::° t....ce4arm....:t... 4e-4.e.e.M.e4-a+efu-&a bYA..I. k—.GC-f-t µK-1..G... e-d....... s4e e� art9 _ ire- to ...°. --�ra��u-ram ,... •wa... �ia�.�..... ��q:� �_ �t: Sec. 110-77. Official filing and recording f -2.f plats. Upon approval of a plat..4, t4e-d-t;�nc 4,t+e y 9p�9... + n .q.q....., w, ,Ta,.,° o-'..a..W s. °....La..l....:f.9.9..1..... wed EwaII u4a'Its"o td e at rr a Yae s �Yarr itte 4 for recor 4in s �Ya'ect to tW e col lo�vin f ......................II.........................................Y..................................................................................................................................................... ........................1........................................................................................................9.... a rtT= a. . licant must sou. bMit recor 4in fees tWe rec sire 4 n�rrYaer o��o. ies o�tWe at an 4 otWer items ........)...........................................I..I.............................................................................................................................................................. ............................,..........................................4................................................................................................................1�...........................................................I I....................a................................................................................................ rec girer4 for . lat execution as determined b the Director o�Plannin to tW e cit for recorr4in witW tW e 4.....................................................I..........................................................................a................................................................................................V...................................................................................................................................9.a.......................................................V....................................................................... .................................................. count . The Director will obtain tW e neces s ar s i natures or certifications rec uirer�for t4 e ...........................v.......................................................................................................................................................................................................................v............. .........................................................................................................................................................�................................................................................v.l I.............................I I...................... ("b..)..............."P""a:t.s..."w!..1..1...."b.e..."recorJ"ed..."w.I.:t:I....:t":I"e....r:a"Cr..a"n:t..."C..2"yn..:�.V..."C.)"e"r.l<...:a:Et"e .:.. ("1)........."A.fl.._c"<�"n"d"it.12"r!.s.._o:[.."2.1i..pE"r "y:g..!..._b"g"yg..."b.f'"�'"r!..."r!g..R.. �2 AEI rec wirer. . uYal.. irro. roverrents Y...ave been corm �leter4 anr4 acre.ter4 Ya tWe fit as a. . Iica..ale° .........)..........................................4...................................I�..............................................I�.......................................................................................................................................................II........................................................................................I�...............................Y.........................................V............................1�..1�.....................................;. AI neces s ar fl. cal a reernents al�. rover4 b t4Te Q have been full executer4 b all �arties�° .........)..............................................................................v..........................................9......................................................................I.............................................Y.........................................V.....................................................................................Y..................................................................V.....................11....................................... AEI a�.y�.yIicaYale fees as s es s rrents and r4elinc went taxes Y ave Yaeen rraid and ..........)......................................'......'..................................................................R............................................................................E........................................................................................................................................................................................f......................A......................... :.)AI„I C u.�n .V:.!..."!"r.9..."r" r4"c!..!."r "rr" "r.:t"`�..."hav"�'..."b"�""�'"r!...."!�"�'.:t.. Sec. 110 91. Vacation of II AEI actlr)n' 4r)r Vacatlr)n r)4 a lat rr�'t Y7f'cr)n'I'tent wlt�I a). IlcaYale ' ate s tatutes as )ntalne 4 In reXa' )Cal ..............................................................................................c...........................................................p....................................................................................................................................................................II.....p................................................................................................................................................................................................................................................................................. .Gcavern"�'!"�nt...." o.Ae....R..."C..b.a.11.er..."2 ".......................... .. .�.m.....�..�. .::°. . .......Plats°° ..... tir . . ..l..�..!!�..g.....irk°�s°Irk.�..�.�..1�. .�.....lboundaries.° ° ° Whenever access to a subdivision is neCe''arY/or rec �Ired across land situated In an ad acent rr u icl)alitY/ ...............................................................................................................................................................................................................................................................%................................9.................................................................................................................................................................................................i.........................................................................f........................X..R. yvLi.:tte"r.....a..P.p"rgv"!..�...:r<rr. ff.ec.I.f"�.."cit...Y..."M:g..Y..."o.f'..."r"f"r�4"'44..i r e"d... k44---"- 4 _.. wa...,f +�, _ . ,-A....,,.q44R. " • •w,....4#4ed....LWA4 a.q.q -rn(--Rt- 9 . a.r....ny •,.:t. i �. .....4. a��. .q. 2... n+n. ° I..A r rp 9 Y to l r tksc:... �v -0 rs e d w 4n... .� �S.LCTkI.p"" w. III � P "Y �J �..... ..... .A nl1 i. ...CYI ..........�. ...... e�.... 1171 II.�.":�'143"I1-� rrl7� 9441 _ 4 �u....a.q..l.... _ t a a_ . __ ..accepte.,.... ...:" .q..l 9a.:t....JaR4r...:t.e - •.m..l.:t: :>,... a t � .u.9..l.ng-�4=� rw-,44R....s• ...�.. a w•,.,sa. a....sn:, 9Wt 9n Yak r-r7P. r4 4a p _ �...:4 s. _ ....(* " Meru n44- e.,.r....( 4e.,. Page 19 of 61 e..e........................... 9... _ 9:f..l.. a...., :.....„.. Ur......pa+k,"r.... :..W' AP-P " gip• ... ...... .... R: E IIf 44i}}�,,alflla,l -u"Vtl Vans 91. y£ h£a.,r7 ....I' �'F�.a. ....9.4E9i. r ...(--,...ffiay-va ......;J`�ITO¢""'IIIY..1'J.Y......I.T u`""Y.�'iu'�u''YI-fiu'C1""P wa wr V"4 V"U .., .�1...... ..e'.�A suWr'v �'""N'Y Y"LJ' 1"" . . f}Sf""v .' .".rU...p.. et-"bf_"I"r"I I -rre:.�-I-i...e ' �¢ .'c ._ p,,..... wa..r... _:a'.:R�'-:SIB-�r.'.""'FCC! 'r ',- - "" �y-SY'c ""c '�d--'/+..j. �r,�r, ,�....q:�-I'��� _. "„w,.a �.�...:�4u-" v'�I ��. ,���a;I, II"["a"v��9 9"'r�"w� .��I�"�-a�• �•,-,�.qf�—�9-&-4� i. g...:�.p- � �.t-s4. . I-s-'c-�`.=�v--s�i-rn^cl rv"�.....b ... .c-...w-ns,..b.....R R e-, '...I.4 R ...::y.�ny.�n...a..a.. ..,. .....I' ..e p.. A.... ::...:4 k," ,. .....v-M-3 P 4 G U..nFt .eJr....lk,v u .6 ....: *4K-,... u ,ea +eg,44.a:1.4 .p....P .....rK .1i4':)(U"-k-s, . ..". .' ".d::1.6: ....3-6.....1..nc 4p-2,...&hhr'MY.I....4aw.-,...a....:tl-YM R g4.�'e-v �{s' �N... �....�� /� .. r�c9..rcmm�''ir wd. p'w ....G............ ... d w " I"P"I�V"§ °�w4=G9'�'F?aa.--. a.rpq " .. _ " .:.q. " ..rpq....:.q:: _ a.....rV d m-w4 r`" e., a r g ).r..._. depm,-n-C*-me-ee ref ' —- its-va"5....a Page 20 of 61 PART II -CODE OF ORDINANCES Chapter 110-SUBDIVISIONS ARTICLE IV. PRELIMINARY PLAT 4 w-4k-xCTs.P...�;:1- _„_ .- E�Cvi.y:a......( .wn.q:.....q:..I. .. .rae 'i.y:a..... o ARTICLE IV. PRELIMINARY PLAT Sec. 110-101. G e i.n e it .�......ir. .. .g.!..ir.e i.r.n e in.ts. a ��ar t�sra, l e . Eelir�ninaE Ala �E��cedu�Ee �E��yides�a mechanism to determine tY e eneral la ��������Y e ........)............................. ....................................................L................ ....................................V.....II.......................II............................................................II....................................................................................................................................................................................................................................I..................................................V.......................................................... 2Yadivis on, Yee adec sac �� ��Yalic facilities needed serve Y e intended develc� rnen andY e �verall ....................................R......................................................................V..................I I........................................................................................................................................................................................................................................................................................ ..........I I...................................R........................................................................................ !�.I:n..p.!..ia.n.ce...��:f..:t.1-I.lu'....dhavel..oP... .f'.�!.:t....w..!.:t.�I....:a..pj.�.!.!.ca.�!:t....d.�°v.�'..�.�?..I�.�!.�'.�!:t....c.�?.d.�'..:`.. Ya Elgllin Icrnd ynder some ow!2.arshi , Ever �reliminar �la�ED2� include all tYie land tYlat tYle a �. licant .........................................................7.........................................................................................................................................................f.................................V.....II........................................................Y.....II.............................................................................................................................................................................................................................II......n................................ I)E2. C)'e' V ) 'g�� iVide and all C)nV l V.�C)u s land owned under the SaMg en)yP Dgr'III. . [bis reG girement is .................. ....................................................................................................z...........................................................................9........................................................................................................................................................................................................................................................L�................................................�.................................................................. intended to aid tWle Plannio and �.gDiny� C2fDfDis�s ion to determine the need f��E . �Yalic irr. E��vernent ...........................................................................................................................................................k'A.............................................................:.n.......................................................................................................................................................................................................................................A.'................................................A.'...............................................................R.. eas ernenUs and f�U�Ee ri��t 2 -yvgy Ees,ervaU ions that may bf rec u�ired 20 roc Etions�of the land not beiny� .............................................................R..........................................................................I:.n...................................................X...........................................................................................................................%.......................................................................................f..............................................................................................................................................................k:A. K.0 ?..1. .:`.. . ....:fg.. mf'.n.:..:. c ELgc .in.. tT= . Ef=,!iminaE . 1g.1 rnus t i n c I u d e an n g gf YTe . E2 q gd devel2. rroen yvithl each �Y g�f=,02!DYaered spec u�entiall and in the . r�� �c�s ed��rder���develc�. rnen�. rY e . E2 �c�s ed g ilia ...............................................I L..........................................................................................................................................................Y..............................................................L.............I L........................................................................................................................L.............................................................L.............I L............................................................V. and drama e la ��2 ��E eaLY" . Y"as e rr�s Yae des ned in a manner that the . Y"gases can Yae develc�. ed .......................Y............................................................................n.........................................................................................................I.......................................................................................................................................................L.....................................................................................................................L............... ec ggo call , Final �lgUs ��f ggc �bas�e EDu.�s t conform to the a. �E��ved��verall la ����and . Y"as in �nles s ............................................V......................................I L........................................................................I L.................................................................................................................................................................L.I L.............................................................................................Y................................................L�............................... ....................................... ....n.�.y�....IK Ef. .�..!.E"!..!.n.:a.C.Y....lK.a:.....!..:`.�..-`�.L!.bn:!..itt.�'.d.... .ecm..... ,. . . v. x .a4g �.... ..l.�. ,q ..� . :�.... �... ..��. p.. � " ..y err l..I( . a... ••a....j. y q-e'q4-r-e-r �¢.=k..r-G ...:' _ .. ... '... ®rY"uauc_ q t. a I.,;....art..I.c.1. P-, � s yd"'.a... ." I. �..� } .... •,.�... ...N ....pI. f4 , -grad a ....: E 9u) P-4--bu4r W1S4R....( &G(*4 ..w e.,..... . _ +c 9aNt�.....p a er e9 rg...esarry¢;:° �... • e.,.... f . �- ,Pa ¢fir is s auk N . . wawa ,, rpm e.,.....� e �....:t.¢:: . °_ 9'" a A ywl. ....¢::ep•• re., w,, �ua.:t.R: eupt-e-d..... e ¢=�It1:_. ;:t...,.r,�,r,l„,�v•�a,,w,�.�.,d�.�u�..... " �1.I.1..���:UrY�� .... s4-��� u�sa-'��. r•,. 9... e.,.:t.¢::arc....y: c sr ..I..m su .p•• �r N ac....R: .:t..... .e.,..... .¢..1.e-41ce-As Page 21 of 61 .Sec;.... ,.. . "••••. 4-- , e�....... t-p . rr, ,r II I m V u i..... p4a&,..,s;....:t.i:: _ .. _ .—•,..r....m.a. ." •a..m..i.:t....a.... _ _ra.q.... •,.�. _ :....• _ ..q. ..y q ... •,.q:.:t... . . . .rr J ..r.�a....:t.q:. i au--o. E3-r.....aa�¢.q:lE�4W.�.... p.•�-�-.'3.e-9�.rU...q. _ ..... ",. ....�a.... w w". .w�.4F u ." u .:t....�;:. .. �.�a..r�� _ _Ian3Gu"9�= I.arA d....:t ...ya-e...a....... ng--e: ... e-sg� N •,..,;... rw --c j.....• U..r (3- )catkA.13.... :f a4-fFi-.s-t a .'�.A�C4 a+� 4�.= .9. .�... p1-t♦C3' .�a.�.r.... r�rw,-,r"�I ,-u..r.�a. .. .....R: �1-E3- '--1�7��.R 'µ=-��V4 ��: .Sec;.... ,. . ., ..i i.. i .e....... e..ir.. .i.y >„ter„ ,rl " �s�y..;....::F44—re.gp..i. ua..." •w ?- ua....• .q... :. §9;':a rrwrr,rr,"c. ,^r`a�'e.3 u... ya... . " " y _m.e..... w,a.sf rr;..,..... n w ....q-�-4u.r. .c*49,RR(. . ... .... . .„ _." . aid i 134 S ... _ "...a..l....:t. " i r�t a.q..l.e �3..VcJ�f=f)..M.7.:' See; 140-434-.-Phasiiiig-devete-pfrt"t-. 7I f3' a9 �. IGu...a.. 3.q::}a .y..... �. _ f .R�....... _ _ _ .:t.... fap•• aFm ii ; q= I..I....ya-e... .q. �a.:t....:t.q:: _ . .."_ _ fae'd4h r �a _rum-6 -rr�.�.,..,....::q- _-_. :.:tey=ate;-�9�a-s .�scw� u�-�. _.. • ..i..m�si �r-s..q. � �„=ram,-":�- ,.�.,..�a.y;:.• ��� rn..i.44a4:y-.f q U.....i.,;....,s" a _ ... _ s .:t..i 9 rah a �..q. •,.....rr.a. _ ... _ _.. " _ 4 U.....i.:t.... .r.q .,fs ura 4�.a ga.a.q.....,;: a:t.... drn Sec. 110-102. Documents required. Afl a. . lications must he submitted to the . tannin division,The application is sub ect to corn aleteness review p..p.......................................................................................................................................................................................................I.................................... ..................................................... pp ................................1.............................................................11............................................................................................. nd must include all documents listed below, n y=)-r4-4pi4. . . " ter•cur•-wed--by4-4-K---,- � surr .............. "__.4@v-a.....i a... , . ue-,Aq.... ,. ,a.ya..; " ;. a 5'cabdivisiran Igp y lication. A corn. leted a a. lication form . rovided b tW�e Planninggiyii ion and si ned ........)............................................................................�.........................�.f�.....................................................................................p........................................li......p.............................................................................p...................................... .................V.................................................................... ................................................................................... ...................... Oy the owner or the owner's authorized aFent. Ia E'.r imic01 Icrt dLgEin . rtT=rec gired number of colcries of the . Ef,,!i uinar alai drawin as indicated on .............................................................................. .. .......................................................... .....................................................................................................................................................................................................................p.....................................................V....II............................................................. ........................................................................................ ItT. . relirruinar tat a a. lication. The . relirruinar tat drawin Mgu t contain at a minimum, all the I.....................................................Y.......I............................II......I...............................................................................I.....................................................Y.......I............................................................ ...........................................................................................................................................................................R............................................ Page 22 of 61 informati n r g2ire b Section 110-201 ([��,ggirements for all p!!.it and .Section 110-202 ....................................................2....... .....2 .............. Y.................................................................................................... .......................................................................................... .......... ..................................................................... (L4�.il.i o n..a 1.r...e.g g i r e.M e n t s..f.o r p[eji m i n a.ry pjg �uJ.D.Eh. ................. ...... ......................... ....... ................ Gpp4GGtA4 ,r4:.4 4_2).................PW44P4�GPy�t 4FGW4 (b4--�4)—Prelirninory drainage analysis,A p[e!irni ar dr inage,gDg!y.�is oft�'ie subdivision area to determine .......... .................D............Y.............a................... ..................................................................................................................................................................................................................... ..W e..........need for d E a i n agefg�ilitieswithinth area b i F!�D.idered fordevelo mentoroff-sit on adacen ..................................................................................f................... s............................................................................................... ................................................................................f.............................i............................... l�Egpf Eties, The pEe,!imina[y dE!.iinagg gDg!y�is must conform to the technical sp��ifications contained in ..................... .................... ............................... ................ ........................................................................................................................................................................................... ............................................................................................................................ .t-.i e P u b..I..i..c W o r..I.<s..D e..s i.FD M�aD2�al.......... ................ .................... ........... (L)........... �4�--Prelirninory utility layout A pEe!iminary 2 ilit la opt si-o ing e a..................................................................................... ......... ............................... .............Y Y 2...... ..........ow in, trg geD=E�.I location and ap wader and sewer l�Eg�imate sizes of all e ist din arid.l�Egp2�e,�l�20lic utilities. The si e of all pE21�o.sgd y�L .....................................................................................................ex is i ...............................................................................................Z................................... .......................................................................... lines will be determined usm me I-ods p[e.,��[ibed in t�ie Public Works Desig ................................................................................................................................................................g t I .............................................................................................................................................................................................................. 144. �p .r e......e. np� C� !f P[ge� f gees pEesgrt on We 2122�rly3 free Le fEya i n 3 0.. ... ........... t .t t r � .. ......... � . must be submitted as reg2ired Oy!�bgj� 11 Frees of the Code of Ordinances. ................................................................................................................................ ....................... ...................... ......................................................................................................................................................................................................................... �;pa-4-cer- See; 140-436;AIV, hcatkmrt-. r4e—:h9pgie'ant 9441 �' -' (A,A4(.--, p4aff F4Rf ww.-,r s4414be-�- iFA+e'd..... 4e'R t4e:Pqieant y t--t�- a& rd-. Sec; 140-437—. DiravA4g-. F4e-a ppk a4t-s-h -G�-- )f4�- pr*-4m i 44p�- &aw4�f 44k-ate-d-by44e, 1`4-4R;-i rl-�. . "- J9 J9 I° )r,-�' --,J9 1`4-+PR44-k�. . i 4F--A 4-GGR t aw--a rl 'R t k441,444,34,-M44 -w 44R -e,&t+e+44 Sec; 140-138-.44e4imma-r-y& .r s I sw 4-4r p ;n4p,ap,w a Sec; 140439w Rr-elimkyd-,',��Uhty Ia"ut-. r4e—:h9pqie'ant 9441 1-rp-4FA+r+a+"WkY 4T- �&A-te s #i-�_ (.--,r.per�. van4 vappf-axima. Ufa:4K45-p-r-e3-G�- ' PK--L - dye(��'.1.04.40;T axe&-a nd 4en-j pa Id ee-011fleate-s-. �il P-f-F(+ �� r4p--:hqpq iean t 9441 tp----aV4++-+b�- - M t*"- , la 1: 4 Page 23 of 61 Sec. 110-103. Review�...y % ... ..!n ..... ° .i .. .n. (...).........: ua..l.i. ° 9a�ra. a. 7...: �..r�i..... a..,;... @..i. a.44P-3._ ... 9: . rY"�.�'.....p...a..!�..�!..!.�!..9r...a..!�..d....�..o !..!..!�..9...��?rrrr..!..:`s i��.n....m.u`:t...a..C�.IK r��v.�. !�DdrtionaIl a �. r��ve or dis�a �. rove the dreliminar . lat a. . lication in accordance with .Section 110- ......................................v............IK......I...........................a...........................................IK......I.....................................................IK........................................................v......I...........................I..C.................................................................................................................................................................................................................................. 74 A. dr��val a� Wc�ri and vyith the a d. r��val criteria in .Section 110-IQC Prellr"r"Ilnar . lat a d. r��val C.......... .IK....................................................................................Y.)..........................................................................................IK......I...............................................................................................................................................................................................C............................................................Y......I...........................IK......I............................. ..i.:. .ri.a.).. Ya(......................r.....tre...!;.i.. Council must ar . r�ve.g Ddrt onall a. IKdr�vegEdiia. IKdrove,theIKdrelininar �lada�IKdlication in ..v..................................................................................... ....................................... ......... .... ....... ....r .......................v .................................................. accordance wJtU . .SectJon 1I10 74 A p roval agUbgLiU and yvitLl U .e a. . rgval crilera in .SectJon 110 104.. (.p.L.e.�..!.�"!..!.na.C.Y....IK.�.g.:....:g..C�.IK r��va.!....c.�.!:t.2f.J.:�..�... x iration ra e r.O.Tg. rt�e a. . r rival o.1 a . relir�ninar dlg is valid for one ear u�nles� a final al (.........)....................... ................................................. ......... . .....................................................................r..r............................................................r.....................................................v.....IK...............................................................................................................v....................,...................................................................................IK................... a. dlication is s�u.�Yar� i ed for all or dark �f the area cover ed b t e drelir�ninar . laU• If only a or icon P..IK............................................................................................................................................................................IK................................................................................................................................................v..........................IK.........................................................Y....C..................................................V..............IK....................................... of the preliminary dlaU is submitted for final dlg a.]Lti n those areas no . laUUred vyrt in three earn I.....................................................Y....IK..............................................................................................................................................IK........................................................................................................................................................I..............................................................................................................V........................ �?:f..:tr:I.e....d.:a:t.�'....��:f....IK�.�.�'.l..!.�'!..!.�!.:a.C.Y....IK�.�.g.:�....:g..C�.IK�r��v. .!....w..!..l..�.....b.�"....c.�?.�!..:`.�.!.d.�'..��'.d....:a.�!.d...v.��.!..d..:. 2 xtransiran ra rralimincrr Icrt cr rravcrl. rY e Plannin am .)nln Commission ion rv7a a �. E� a �dne .........).......................................................................... ...f....................................................v... .......................... . .......................................................................................................9............................................................9...............................................................................................Y...........IK......1................................................................. vear f,Uension of time u� d2D yvErtUen recu.�est Y, UWe �dvvner. In r�eUerrninin vvY"e�Wer ��� rangy a ..........................................................................................................................................IK..........................................................................................................................v........................................................................................................................................................ ........................................................................... ................................... ree ge't the�,en)r"r"Ir"r"Iission must consider the reasons for the ree gg.s ed exVen'ion the ab lit o the ..............:.........................z................................................................................................................................................................................................................................................................................................................:...................................................................................................e......................................................y....................................., a. dlicant t corn dl vyit � an c20drtions�attached to the on final a �. r��val yvt�gther the extension .IK...............................................................................IK........v...............................................v............................................................................................................................................................................. ...............................IK......�..............................a.................................................................................................................................... is likel to result in Urirnel Lgrn leUicdn of the . r2d'ecU anr�the extent to which an nevvl ad2 fed v...................................................................................................v.............................. ............................................................................ ..............A.................................................................................................................................................................................Y................................Y..........................C................... Section : irk ! ! .!r !rova !rite t . ° ° i ...... . . . . . .. ..... ... . . .... ° i . .. In reviewinga . relirrinar dlaU application, the Plannin am .drain drnrnissicdn am �iU Council rr7�sU .................... .....................................................v.......IK................................. . ..........................................R..........................................................................9.................................................................. ............................................................................................................................Y...............................................................................t consider the eneral a. . [gval criteria in Article XI pe,.si n �riUeria anr�vvY"e�Wer�We . relirrinar . la�o ......................................................................... ............................................... ..C......................................................................................................................................................................... .....................................................)......................................................................................................C�....................................................V.....C�.................. a Pr)Vlr e' a la out�)f lots, roads, r rlVetP a ' �VIIIVIes G ralna�e anr�2 tier 2ollc facilities and services .........)...................................................................................Y............................................................E....................................R....................................................%.......R..............................................f.........................................k'A......1...................................................................'......................................................................................................................................................... de' nerd to minimize tllie amount o disturbance to sensitive natural areas or en tV ier comm unit ... ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... . res�cdu�rces�. .......................................................... ..l............Pr V.IG.e' evidence r.. 1�d a.lc water a. . Se ter.. :en crnneC..lcn5R . .. ....... . .... .. ....... ..... .... ....... ...... ............ ....... .. ..... . .... .. ..... . .. .. .. ........ . ...c Identifies and adec 2aUel Mit Fa es known natural hazard areas; and .......).................................................................................................................................................V..........................9........................................................................................................................................................................................ A..........................a. Pre). o'e' real cdna0 e . re)ecU d�la'In In terms o aclee 2�.i e infrastructure ca. acrt .........)............................... ................................................................................................ .............A......................IK................................... .......................................................................................................................................................................................................................C.....................v.... fie ," !r..e.cm..... . . . o r, ug�raa „ >d , .. yaa..e..e....4.: .... .:. 943.... :..... 4.....as u ry er n-ef- aVCna.... p.. ......................................:................................... .................::.........................................................:....:.................................................................................................................................................................... ................................................................................................................................................................. ............. I....y�wa... _ + d: wa... ay ..�. I.. p.. .q: ..�. .....................................................................p::. w ........ ....................................................................................... . ................................................................ ] j 3 1 9 3a � ..... . . _ 9�h9�i...:�.q::Wea' ;u r: c v F� _H K:2..r�i..... 9. . . ." a�9 Yam_ ,wa L� ....... .s;.... _x:�i :i °." . a. _ ....:.o-:: ................................................................. ..............................................................................................................................................................................................................................................R............................................................................................................................................................. p..............................................................................................................: : ............................................................................................................................................................................................................................:..:............: ......................... Page 24 of 61 .......................................................................................... .................................................................................................................................................................................. s-u ° "-4R r"':gt4a .......................................................................2. Sec. 110-105. Grading of site prior to final plat approval. ue n g�k)-preliminary plat approval,the developer may request written approval from the City Engineer to commence construction to the grades and elevations required by the cwe-ruEt+e-n Effl m i n a r.Y p!gt. ................. ARTICLE V. FINAL PLAT Sec. 110-131. Appfeva1-reqt&ed-.gg.!gjigj rgguiireirneints ............................................................................ a '�g�jg�t 2 tbf�plat is consistent )........... a 1.pj�-.31.l EgLf����g���gEg§t�.i a t t�.i e d e v e 1.2=f�01.2[tb.2!.� D.d..... ..... ............................................................................ wJI.i all land development standards a n d twat p g !i c..i m..PE2ygMgots to nerve t W.i e development have been installed and acceptgd Oy tb� Q o twat p[gyision for such installation has been made. .............................................................................................................................. ..... .......Y E ............ ......................................................................................................................................................................................................................................... Ya �'o! rmit with �,�i in Epjgt� tT !!Dg! !it M2� conform to t�e apl Egyfd pEf!iminaa p!It and.......................Y ......................p ......... l ! ....................................................................l...i................... = ............................. �.............................. ap C-eMj,:4Y-wk4 (444e- p p-R4-+g See; 140-472—.CeflfGfMfty-w"' pfethrm*af", tat-. qh4l ce4arm te- r('-',I i+P p4at7'-I- pro. --d byA*w---p4-+RR�Rf @-R4 t mu,.A-.yam e C-effs9.,Af--Rt W444h r(--'44RarY-P41t-'M d-eW.- Sec. 110-132. Documents required. a inF v c 0 0 Afl..ipp!i..c a tJ o n s m u s t b e s u b m i t t e d to t1i e..p!.� Do.........."�i i..S.J 0 n. T b..e...a pl !i a t..!Q..D i§s u b.12 c t...t. c. m pje.tgDg� [.eYi..e w. and d m u s t i n c I u d e all d o c u m e n t s listed d b e!o w. . .. .... c4y 4p-tXall (!.i) �4--Pr4, ypd.i...V i.,5.i.o...n..platapplication f=.I.fA!.ij[ p!i c a.1.10 n f.o r.rn.1[E2yi d e d...b..y................. .................. ................ ............. .... ItT.E!goDing!2ivision and sigofd Oy tbf,owner or the owner's authorized agf,,Dt. .......... .................................................................., .......................................................................................................................................................................................... ........ )..........Eii221 P..Igt�Agy�in , T e r g2ired number of copies of the final pjg a� indicated on the final . ........) �]..............e. ..................................................................................................... ....................................................................................... .......... .......................................................................................................................... l. a p.l !ication. The final p!�.it�Egy�ing., M2.�� �20tgin, at a minimum all tl�ie informati n r ggir d b ............................................................................................ .......... .......... ..................................D................................ ............................................................................................2....... ....2 2..............Y Section 110-201 [�fgLirements for plat drawing�� and.Section 110-20 Additional reg2irements for .......................................................................................... !.............................. . ............................................. ) ............................................................... , ........................................... .................................................................... Egpjg ,M.J.D.o. r l a ,gMf�O�i n.g l Ig ,go�fi.n a 1.p!�.i t�Eg y�i.O.F., . ...... ..... ............. ...... w,)o:) P L.J.b 1.i certificate of apl ��f l 2�!ic infrastructure pjgo.� ��E gl pE��ved waiver of ..... .... . .......................................................... ..... .......................................................................................... ............................................................................ l 201i..c i n ff a s t r u c t u r.f. p!a D., M g.,�t 0 f ..s u b m i t t e d..... ..... ............................... ............................... Page 25 of 61 06) Tax cerffj�qt�-,L gElginal tax certificates from the Tarrant County tax office must be . ..................... ................................................................................................................................................................................................................................................................... ............................................................................................................. .s u b mfitter...........F fie c e r tJ f.i..c a es m u s t i n c..!u de all. E��p erg Yv ill.i.in I W.I.e..p!gt Og2D�far y..and i n d..i..c a t..e t w.i at taxes. Ya..f f D..maid. See; 14G-174-. AppheaUea-. FA)ug4t, See; 1404755w Drawing-. I a t--4,3 �, -a4PI�4M U+P-,-@44-44p-4R foFR4a4.k)r-4 RI i P K)R s'a q I p4t-�. ' g C()r4-44i*-,44R sp-,G4-.K)ri-�. G4ju a p-4n-k4-pR;,,..it.GP44 nage-Audy� IR-b�Mermin-e�.t4Fa+R,-4x 4Jr 5 te,e4rk-4�- P--R4R-R44f, f'q�()rn rn F,ep,&44 a I 4et-pp-GGR4Fw----,rV4 k4-p-a�)prGv,@ I apN4•Raq -E-n gipw-e 9wA44+ct�on4-kna w i-Rg W-h e r m i ff P-4-4+at-t:�u4l k rn ja-p�.-,m(--'RtS-a`Fe-Feq U*P-4 7 th-e e,-YR t� Fig+n r7 FA+a4 -4-er e4g,+n*-,ef� cepA)rrn tQ4-kf--, a-R4 e-Rf'JRP 4 Sec; 140-44Sraxe-s-a-nd4ieia�' � r4p--:hgp q i t 9441 t e-l_-aV4++ e` M t a 1: 7 44,A-,-J (---4 . .. c.............I..1.0 1 3 3.............R e yJ e..w a in. 0 d e c i s i gin tT=EgDoin and Z ni F ..........g ,�!DMission must app[gyf,,,�20�rtionall apj�[gyf.,tbf,final p!.aj .............................2..........D .................................................................. ........... ..............Y........ .... ....... .................... ap !ication in accordance with Section 11014 (Ap nlgy�.,1 g. god ��rth the F .................................................................................................................................................................................................... ..................... .............. ................... gof�Eg! criteria.. .... i n.. AqJ c I.e. X.I (.22.2igD�j t e r..i.a ............ )..........9.1.aD ni.lgy�' 2.1. final pjg , tT= l� �.It Mg Of �goMitted for recording .. .................... ................................................................................................... in a c c o r..d a n c e w..i t�.i S e c t..J.o n.. 1.1.9.1Z ci�.il filing and recording g!-pj�a ..................................., See; 140-47-9; Review,-Ip-wessipg and-appfeva4-. E-�- ' aq rA4t-st+@ I I lar��- la.9 s,- re-g-64_a4-K aRY444e�- C)f-+ Page 26 of 61 ARTICLE 1. MINOR PLATS ............................................................................................................................................................................................................... .c.m......I10::°..1 5.1. irk gir a.......ir . ..qjir. i.r.n e i.n t s. a �L�Y' lJSt', rbI mino . L3. aces s is Intended to simplify V tT. )lapin rr��ces.s for G u�al if In 'V�o7 ivlsions ........)............................. .........................................................................................n....................n..............................................................................................................................................n...........V...........................IK................................... ....IK.......................................................................................!.y............ ........................................................................ consistent with the . E2yi sion's of state laws. ................................................................................................................ ................................................................................................................................. Ya 6ppjicqbility, vt rie'n a tract or Parcel of land rias not been rrevi.2.usl rlatteA and filers QE record I e. d2es�n21 rec a ire the creation of an nevv street or the extension of mu.�nici. al[acuities,and ........)............................................................................................................................................................................................................V......................................................................................................................................................................................................................... ............................................................R............................ (A)...........d2.e.` .n_2�C�4.g...............a ��bl!c��arin [�r�1�!n ....� re record. ..:.. . .. . ... .. ...... . �.... .�'�� .�.m.....�..�. .::::.��. :.m.....Doa�!!�9 ir1.�. .....ir .. .!�j.ir m ........... . .. must " ..... c 0 AEI.a. . IlcaVl n.' 7f' �7 IVVer V ) o-.Ye .l..ann. rIVI l n. r�f a��rllatc I' ' �l eCVVcrr �le�ene r.eVlet . . ...... . ..... .. ........ .. ....... .. .. ....... .. ...... ......V .... . ....... .. ........... . .. ........ ... ....... .. . .. .......................... .. .and must include all documents listen below. .............................................................................................................................................................................................................................................................. .a.).........................................................ian Igtg�� g. tion,A c r nleedaIK�nlication form r�vi�ed b the and signed .. ......... . . ...... . .. ...................................................... .............. . ... .. ....... .......... ........................... .. .............. Ya minrar' Iqt dr'gy+ in , rr e rec tired number of co Ties of the rla� r�ravvin as indicated on the rlal .........).................................................. ............................................................. .......................................................................................................................................................................IK....................................................................IK................................................................ ...............................................................................................................................IK................... a�.^q rr�lica i �n. rr e�.^qlad ravviny�'rr7�s c�n ain a a rninirn ern all W e inf�rrna i �n rec 2irer bY/.Section 1I 1I0- .......A.'...f.............................................................................A.'...........................................................k:A.............................................................................R.................................................................................1.......................................................................................................................................................................X.......................................................................... 2CY� [ie=g2iremens f.or all . lad d[g In s anr� .Sec i20 .1 .CY 2CY: Ac�r i i anal rec �irernen s f it re. lad ..........................................................................................................................n............................................................ ......)..................................................................................................................................................................................................................�..................................................................................................C�............... (c Icrx crar'ti icgtr-, , �'E final tax certificates from the Tarrant County lax office must be submitted. The .......)........................................................... ......................................................... ..........................................................................................................................................................................................................................................................v.......................................................................................................................................................................................................... certificates must include all . E2 rert yvrthin the . lad Yac�u�nr�ar and indicate that taxes have been . aid. ..............................................................................................................................................................n.............IK......................Y.................................................................C...................................................................Y......................................................................................................................................................................................................C..................... ................................................................................................................................................................................................................................................. a The Director of PlanningMu.�st a. Love or conditi mall a r. r��ve a rrinc�r . lad rr��vir�er� �We . lad ........)...................................................................................................................................................... ................................................n.IK.........................................................................................................................V..............1.......n......................................................................................n...............R........IK................................................................................n............... conforms:t� :tr� C��g!C��ent��f:t"!�c�a��.e'.C:.! ..:.... . ... . ... .. .. .:.:.....�... . ...`.. .:.. Ya If the Director of Planningr�eVerrrllnes that the ruiner . lat doee no c2m rl with the re c a irements of .........)........................................................................................................................................................ ................................................................................................................................................................n..................................................................................................IK........V.......................................................................�......................................................................... IWiis co e tWie Director ma dis�a�.q�.gr��ve Abe, r gl rbe, Pirec or must .[gyide tWie ar licant wilt i written ...................................................R...............................................................................................Y............................I..'....A.'......................................................f.....................................................................................................................................A.'.......................................................................f......1..'........................................................................................................... notification and an ex. lanation of w the . lat does oot!�rr. I yvith the rec girements of this chap der, ..........................................................................................................................C..................................................................................Y..........................I................................................................................................I.....Y...........................................................................................................................................................................................C.................... rr e a. rlican has We ri � �a. . eal We visa. . r oval � We Plannin am .gDin �rnrnissic�n. n.IK............................................................................................ ......................................n..n..................................................................n..n............................................................................................................... ............................................................ ............................................................................ c Fine Director rra fir an reason elect s . resent We rla for a. rLoval to the Plannin anr� �.��nin .......)...................................... ... . . .........................Y........................................V............................................R.......................................................n.................................................................IK....................................................n.IK....................................................................................................................... .............................................................. Commission. ........................................................................ 9 Ton a. . r��val of the ruiner . lad the r!aa May bf sgiY fitted for record n in acc��rr�ance vvi�W.Sec�ic�n .........)....................IK...............................n..n.............................................................................................................n................R............................IK.........................................V........................................................................................................................................................ ..........................c........................................................................................................................... 1I jQ:Z7 film and recordin of . lads ..Secs, 110-180---110-210. Reserved. ................................................................ ............................................................................ ...................C.....................)........................................................................................................................................................................................................... Page 27 of 61 PART 11 -CODE OF ORDINANCES Chapter 110-SUBDIVISIONS ARTICLE VI. REPLATS ARTICLE VII. REPLATS .S e c............I 1 0 1 7 1............G e 2 eJr a i.r e.R!!..i ir.e i.r.n e 2 t s. (a)........... tT= s i..S....0 s eJ f..o r.r.21 g tJ n g..iDy lI oEji..o n....o f.a. n...a...pp[gyfA.fi n a 1.plat,2 tT=[ 2 .a mend o r v a..c.a..f. 1�.e i.... ....... ....... .... ).........6ppjicqbility,A Eep!gl of a s u p d iYJ s i o n.or rare of a s u b d i v i.s.i o n May Yf n d i s c o n t r.o.I.I.J.9.F.,ever ItT=i Eg!�gdinF p!!.it without vacation of the p!�at if the repj�a : .......... ...................................................................................................................... ............................................. ... is si ned and ackno ledFfA py the�MDgE.s of tT=l�Egpf Ely pf ing[epigttgd; ..................F�.................. ..... .......... at� � f a a is aj� pEoygd oy tbe�. pj� gp rime aut ority fora. . pL ,Ltion 11 --ZA(Aj�..p Eoy.� 21b.2ri................ a E..a 2...................l:! ........... ............................... .a n d. )...........d2e.s 0.2t a. tempt to amend or remove an covenants or restrictions, ..... ..... ............................................................................................ ....... y................................................................................................................................................... Sec. 110 172. Documents reqj�jired. ............................................................................................................................................................................................... ............................... a i F Ai!�.ipp!ications must be submitted to he p!.� DO. �i ision, The apj� !icat'o is sub ect to coo pjetgDg�� review ............................................................................................................................................................................t.............. ... v......................... ............................ .................... ................................................................................... ................... .a n d m u s t i n c I u d e all d o c u rn e n t s listed.. p e.1 o w..... (g) , p1qp 2P.P.1ication, A coo le f.,d �.ippji..c a tJ o..n.. !.o r m. l�Loyi d e d by 1.he.. l� goDing �ivision and ........) . .... ... ................... ............... ............. .... . .... ............ ............................................................. ig.o.e�.0 e owner or the owner's authorized a ent. y t�.......... ................................................................................................................................................................................g ........................ ) -'P121 !Mwi [be Eegi Direr n u m p e r o f co Je s 2f �2 . lad ftgyi nZg.s i n di c ate d o nt�12 Ig.......... .. ! q, gr. .......... ... . .. . . p ........... a l� p 3. ay�inF ain, at a mini um,all the information r g2ir d b Section !ication ...................................... 12 P..L t ft� ..........g !Dg�l!�rrt�.......... ............................................m.................. ................................................................................................................2 Direr .......Y.............................................. a ftgy�ing.$) .Section 110--?.P. (A�4�itional reg�nrements for final 112 ?21(f�ef4gi r.e rn e n t s f o r all 1[ .......... .......................................... .............................................. ................................................................................................. pLiit, !Dinor p t a....................... ..la........... and g!De,Dd i ng p!: t ft .i n..F (L) Ec�Lji im rovements. A certificate of app[gygj of Pgolic infrastructure l� �arrs 2[�.ipproved waiver of ..............P.............................................................................................................................................................. ............................................................................................ ......................................................................................... pgo!.i c i n f r.a s t r u c t u r.f.pj�arr� !Dg�.t b e s u b m il t.e d..... .... ................................ .. ........ ................................ ............ 2�ffLtif P[iginal tax certificates from the Tarrant County tax office must be submitted. The ........................................................................................................................................................................................................................... .................................................................................................................................................................... certificates m u s t i n c..l u de all.. p Eo p e Ely within 1.he.. pjal 1,�2Ddg[y and inc ic a t..e t W.i a t taxes rave peen p ld.... .5 e Cm...........I10 1 7 3.............R e yJ e..w airy 0 d e c i s i in (g) Erg. Director of Plann ng i ,fDg�t gj� pEoyg 2[c2ric�itionally gj� PE2yg a Eep!�.it,provided the p!�at conforms ................................................................................................ ..... ...................................... ............................................. ............................................................. to tbe Efj42i r e m e n t s o f t 1-1.i.§...c. Era p t.e r... ....................... ....... ..... ... ......... Ya !f the Director of PlanninF�etermines that the rej� a doges riot comply with the reggirements of this ................................................................................................................................ ............................................................................................................. ..... ............................................ ........................................................................................ Lg�df, the !2ir c or ma di. aj� pEoyg tT= p!!?t. The Director mu. t l�Loyide the applicant with written 2.....................................y ................... .............................................................................................................. ........... notification and an ex, lanation of why tT= P!!.]t �2g� not comply y�itb tT. Egg2irements of this .......................................................................................... .............. ..............p..................................................................................... ............................................................................................ i.t�=r�.......... tT=. gj� p!i c a n t..........n a s...........t�.i e...........rJgn� �� a l� pf a! t�f �J S..a pj�Loya! 2 tbf Elgorri n g oDi n..g Commission. ........................................................................ (L) trg.pirecto may,for any elect 2 1.E2.� a a. a. armi g aric� ................................E tT=E221� 11 P..P.Ec!y� 2. tT=Ej� D. grri n g .0 o rn rn i..s s i..o n Page 28 of 61 PARTU CODE 0FORDINANCES [hupter11O SUBDIVISIONS ARTICLE VI. REPLATS not more than two resid ntial units Pf E !2 , gDd tbf� PE21�2�g� Egj� g Ef,,ggires a modification or See; 140--2--11.-Appfeval-Feqttk-ed-. Sec; 140-713-.-ApptkaW4-4-. See; 140-2-14—. Diraw4ag; Page zemoz . . .m.... i ,,..... ..i " ir....... u. . . a� o•r . .. . ,o, � -o, > ua' '9- . °. r .... ,3.._... g-.�d..Y i..v.q.s , —:41 v;�",'i'G4 1-�9-rx'��`�7.�,w_., �......5' �-I..�ry.}�. �q..., " �.s�qJ �x a+ .....r.aw,,� .:....w4ep y,.... .y,:. _. _ •... ... • °.... s ems:.• .,I"..).....,.5 g.q::&4)G34,G44 aq4 s+.f----r4 i"r,, &Pd p4)91c �.:g.q.q..i.:�..i._. . rya-�...._..•_ _ :.... „w,.�y.�, ..;....g-g. „w,.,�a.�......�.�a.. a..... i' �akra..��: _ :....�,.,• _I�a.�.�y.q..... _ g-. . . .. f} 44--g3u4 r ,-r...., _ 4c ep" "° -....#K I `r....,;q- ..1..1. pfd4,. s 'n 44e- Aa.y,:. r rrN:" " ;' L� .... +guua. . ...4r-T*i.....r7° U.�i.:g.q::d arW E-vc--�—,, .:t....4R..I..I.... P p.. ,a.,'.y:a..r...��.4; .q..�.� " .y.�n...i-i r-vi� -4'�a-"�' i....y:a.....� ... �...y.�n.a'" "•..4:.k�....:4��.. °D�Cy.�n.a�q..... .�..... ..:�.s�— w w ..:........:.^a raa....:t.k---d':�s ra ° . (�y ..... ,:.p..° ).p qx....G... : _ m ... ....a..pjqfq.v,-A-":.q:q.:q....4; :.i.q:: m. .... ... � r=�....:��rr�'9pr'p• -_ s �-g�'q: s�mo�:�...:" _ °I .�.. i.P • �'e� . . ,�„�"�..... ....�r.�a.�+'� �c�a�ayr -rn' �39p .... a 4�I..asG4� WCnpywn... y v Y �Xwa', " .d.&P.fr V�£4--9.. (.3' ....a �4"'�� " ��.q...... �....q;:._-...• °�.�a.c�-��a-�a-��1=.�.�,..... wa �..g-.�, � 9.... aq"�'u'�'_ _ :.,; .�;.�a.:�"o. ..... ..a _ ....�a.)f'45.:�.9... a •... .�....:�.q::riw-'re'.r�vrw-i`rrc-r-r-r'�.... .- 4•_ a �,'WA .......nw.'sl _ •" .Dar' Page 30 of 61 p.. a 3'4:Y acdl�',�'��3....�Ca:'_ _ _':..�".F� .. ra..... "I':�.... -".�,�.:�.q..,s�:�.�{� 3.�f.�...... _ _ � •ua 4�-♦� a.q q q. ..... " •wa....V_ 9'r-r-'4....:t.q::��y..I.C n ....rn .4- '4:J..�ry..j.:�..,a, .. a....A _...:�....trp .t... ... .,�... �9- 9�"i.:�.q.�...• _ 'r�I�� .�eca...:�..W'��,�..i"r�4„ .�....�' �' _ � y,:. i' _ � "_ " c....4:' }...................d1� Via... " •wa¢ g '3' bl 'x:...,ra'V _ " _.....e ::���'9-i. .• .'��,�.,.:�....R��q-L..." rye-��4-�4��e' _ ._.....�..i..,�"_ _ .��'�ra�-"rre . . �....:�'u'q�a�".y= . " " Y -"r'_ "_ 'erg .. ... ." �..r"). " --."_ "" •wa....... See; 140-2-FA—.Ajpp-hcatkmrt-. ,r°rwr go-., V. .• ... .,....... a� a I.. ....IY;J'YY'C/Y.." .."Y...... u u.� tr:A,'I�Tu �...�..' .d''• I'Wr�'... ..... � y v lv'ry� ,(.L(" ' cm 5 5 " �"y..�.�:�r��r�;..I'�3'�� �-�"k"'��^' r,�" .a:�4�r , -r�9rrl',�, �orlq�V"q"�„,19^4�:II',. .�..�wd ••d..."�.�..VF?4��1,"I �d"d"U:".S �':".�....:f'-r J ,.� _ - " �3'9L �dil��-�U"c:l�n^v�.q..�..�.... w "w ....�. " •uaS�#_.��"�"v3......'�"�� "" �..�...., ," ,.gq �call�.�a��"h� •Na�r11"..�.�a ..i.:.... .... .,_ '. ' ' 6 a as qr d.....:..W' 44'R' rra "s+s .q...r r i' . .,_.-:tu4y "< I w, a.G4R i.C.,a.q.....,S.y9._ �U �ca.r.....r. #, Sec; 140-4-Fgrax-es-a-nd4ieia�' ..�" _ �..; ..~ ',-a-i-I .��-�r-ti'� _ •wa...: '�• q...S♦£ "-L.... 91 �ri.-s...:" }r§' '". rt3.q......1. }, Page 31 of 61 .Sec;..... ... ,,,,F m , Ip� `, � G44944� a..l..l..... �.... _ �.. _ _ . y .. _ ... _, ,,s EH 110-413-. ARTICLE VIII. - E 1 PLAT ................................................................................................. .c. .110::°..19 . Irk gir a.......ir gqqj ite i.r.n e i.n t . �a I gar t�sra, rYle amen in laU rr�cess is inUenrer � . r�vire a rneUWlc�r � correct minor errors and to ........)............................. ..................................................................................................... .....n...................I K...............................................................................................................................n............................................................................................................................................................................................................................................................................. rrlal<e rrllnC)r ark �'Vrr enV' V )a reC)rr er laU consistent with tl-le )ren)vlsions of state lave. a......................................................................................................................................... ................................................................................................................................................................................................................................................................. Ya 6ppjicqbility, An arrlendin rlg May 0 cons idered for 2 n e or more of tr.ie r2r.o es . res cr bed in AEI a. . licaUi ins must U Y7f''submitted V )Uo-"le lannln r�IVI'�lon, The a. rlicat'o I'�sub ect to coo IeV:ene'' review .. ....................................................................................................................................................................................................... ..................................... ..................................................................................... ..................................................................................a.............................................................. ........................................................................................ and rnu.�s t incIu de all docu.ments� listed be..!ovv. .............................................................................................................................................................................................................................................................. a .5'caLdilisir�n jgt g licmiran, A c��rr. IeVeA a. . lication form . r��vir�ed b tl-le rlannin r ivis ion and ........)...............................................................................f�............................�.�..........................................................................................n...........................................n..n................................................................................C�.........................................................Y..............................IK........................................ .......................................................................... �Jgned b the owner or the owner's authorized aggD , Ya Amrandin Icrt!1M.vin rYle rec gired number of co ries� of the !!.it r�EMi asp indicated on the . laj ...................................................................... .... ...........................................................r7..............................................................................................................................................................IK..............................................................IK.............................................................. ...................................................................................................................... ............... a. rlication, The . 1gt r�raLin rnu�s�Ur conUain at a minimum all the information rec gired b .Section n.IK................................................................................n........................................................... .....................................................................................................................................................................a...............................................................................................................................................................................v.............................................. 119 2CYj Fiec �irernenUs for all rlaU r ravvin s, am .Section 11O-?.Q ! Gf4ditional rec �irements�for re. laU .................................................................................................................IK............................................................. .......)...............................................................................................................................................................................................................................................................................................n............... n..!..n.o ....IK.�.g.:.,....g n.�'..oc�i.n!.. ....p1g.1.R....:g.n!.d...:f.!..n.a..�......p!.a:�...dEraY.!..n. .:`...).. (c Icrx cff lcgpt,L U'E final tax certificates from the Tarrant C u.�nU tga office must be submitted. The .......)............................................................ ........................................................ .......................................................................................................................................................................................................................................................v...................................................................................................................................................................................................... certJ[Jcates rnus t i n c.)u de all . E2 f rcy vvJtr.lin tr.fie . !a.i Yaq2ndar and indicate UWIat taxes nave been rain. . .. .c....m.........I..1.0.......1.. .. ...m......... .. .yJ.. ... ...... ..Ire. ...... ... .c.i.s.i.gin ...... a rtT= C hector of P I..a n n i n.g M2.s U ap rrgve or c o n d i tJ n a I l.y as rrgve an aMen�in rlaU . rgvid.ed Ur.le rlaa conforms:tn :tr� r��g!r� nent�nf:t"!� "a��.f'.n:..:.... ... . ... .. .. :.:.....�... . ...`.c .:.. Ya If the Director of Planningrf,,termines�that the amending . laU r�c�es nc�U c��rr. I vviUWl UWIe rec �irerrenUs .............................................................................................................................................................. ........................................................................................................................................................................ ....n...............................................................................................n....V....................................................................�.......................................................... �f UWi. co e the Director rra di a. )ren)ve UWf= . lg . The Director must . r��vir�e the a. . licant with ...........................,...................................................................................................v............................. .IK............................................................ .......................................................................................................................................�.........................................................................�..�............................................................. written notification and an ex. laogti �n of whytbf., . !gt r�c�es Dour c2rr. I vvrt l the rec 2irements�of this ......................................................................................................................................................................C................................................................................. ..........................I................................................................................................I.....Y................................................................................................................................................................... cYla.Uer. rYle a. rlicanU Ylas UWIe ri tlU U �a. . eal UWIe ris a. . rival U �UWIe Plannin anr .�nin �rrrris s inn. n......................................................n.IK.......................................................................................... .....................................n..n.................................................................n..n.............................................................................................................. .......................................................... ........................................................................... c rYle CirecUorrra Bran reason elect/ U � rresenU UWlearrenin rlaU fora. rr�val U �UWIe Plannin am .......).......................................................................................................Y.a......................................Y.........................................R..................................................IK................................................................................................................... ....IK.................................................C�.IK................................................................................................................... ........................ /2n..!..n. ....�ng rn_r�n i s,s,i o n. ......................................... } 9 ron a r. E2val of the amendingrl!? UWIe . laU r�na Yf sgorrirtred for recorr�in in acc��rr�ance vviUWl .........1....................1 K...............................I K......I............................................................................................................................ .....I K....................a..............................1.......................................Y........................................................................................................................................................... .................................................................................................................. Sect.ion.....��..��0-�.�.....(!2ffic.!.�..�....:f.!..�..!..n. ....aocn ....r�cn�r�..!..n. ...n?:�....C�.�.:�1.`..�... SAL.... . . .., SQW---4RF. ..... . .y .). a..... _ ,,.4 j4 a.. .rn.p..l..y.... �,-, _ . a-p p r .@l(44 s.. „ u 1.....4a.... ,a:fte-, ....,a. a..l....�4a Page 32 of 61 4w--34-m-R+r .ya.....a 9'x---u..a" See;.... ,. ,,, ,.m.... u.' .-es- t4 c�ea l....( verrwn-e- ..,.. A R"_ .... ".... . Sec; 0-7.93--- ,ui " Sec;..... 0-m�,,,,W . r4e—:h9 .q..i. .:t...R;hagl.....A; +:.:t.e _ _ .....p4t-+P t4R t.(k#(--9= . i �.....I(-,q st-14...... - ,.q.9.e+ }-=kwf f,4ar..q ' ecm..... 0 ,,,,W . iw Iat, . {.. v.Yi .....R+i.R" rry .. ....9.q:. ... ."q"..a.:t iy9uu i9. ,, I, —p' rp.q..r. (DK ..i. _ r .See;..... ,. ,,, . , �. ,es . E-v si4 4=aa d9 _ ..: )..rAa�y tQ4-4f--'.q r'' ..La:'" ... i s... 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 N contiguous with the perimeter of the proposed subdivision and extending 100 feet from. W12 p[i_rroe„ter must be shown with the names of the owners v-P,--s* nor_ ��e `, t 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. Page 33 of 61 (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 4n-2n.. adjoining properties or extend to connect with a public right-of-way. Lois must �k) not be designed 4-at 4 n-with an easement or easements that' 4-prevents proper development and full utilization of the lot as a suitable building site for the intended zoning district. N (f) Lot and block numbering. All lots and blocks must be consecutively nrr7ar . ..._g.r lettered in alphabetical order.The blocks in subdivisions bearing the same name must be numbered or lettered consecutively through the several sections or phases. Lettering for blocks must be larger and bolder than lot numbers or circled to make identification clear. aster ,,.g. .> _ „w,..I _ :t (g) Map sheet size. Map sheets m.L!.s:t.....b..e....ArcY.i...C..-o.r...Arch.....D.....1..n..-`i..ze....a&441.....4a. a,,..... _ . ... a..l.e -43.9..... .>....+4, f .Sheets must be numbered in sequence if more than one sheet is used and p w +ed 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 Non the plat drawing and 4 _ a rrr„p„I„y 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. Page 34 of 61 (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 .......r2,,i`.:t. .�. .d.......Il Egfe,.�s�i��.!�..a..�.......land surveyor . q: Y r a�ucd u... _ .:tp�' s° s ...... _ '()fin tr.e state of....rexas.. (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,Dn.%n.or..11.l.g.:.,.or p _ _ mendin„g plat. 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. ; �J) Su ve or"s certi ication, Ever �la�r drawin mg� r include a su.�rve or"s certification of compliance ................................................. .......................................................................Y.....Il..............................................................g............................................................................................................................V.................................................................................................................. . .. .... . . . . O a re istered . rofessional land su.�rve or. rtT. Lggification must indicate that the . !gt is true and V............................g.............................................I...............................................................................................................................Y............................................................................................................................................................................................................................................................1.................................................................................. correcU and ire pared from an actual su.�rve on tl-e round condu�cUed O Ub=su�rve or. 1................Il.....................................................................................................................................................V............................................g............................................................................................................V.........................................................V................. 0 ." r s......... ,-r •.• at4R..........Ev ra. ..a....... °. .ra s•s•i,rw in r'vr "Y"V-ca era..._.���„-�.,a.q......I -�'�r'v -�-„_-�_�r44Gaa iu e,s�- 4a4 ..F4a :�4 .7 .................................................................. ......a...... pe-rv4iueu wr'e-ff w -: �Affax N 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 Page 35 of 61 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 Nverify compliance with the f . _ i-flG--requirements of the zoning chapter must be shown on the plat drawing. (d) Floodplain features. The location of the J.% li ,i oil 100-year flood limits, if applicable, must be shown on the preliminary plat drawing. If;gD.y..11.�?Ej%.n„of the subdivision c -pc*4'G-R :f...is located in a If �f,aW is,ri ,,"" l,",�..i lI I��� d Ja ,i ,I °IF',�'° �) 14,Jr, ,,( J r- %f}ai rS��E �,the developer must comply with the flood damage prevention article of the Code of Ordinances. Certificate of approval. Every preliminary plat drawing must contain a certificate of approval by the Planning and Zon...i.ng. C...rn.rn.isai..l..ol....n andw City ll in a format....1r.esc[ibed by Pla....an..n. ing......Division,: .............................. .................................... ................................................................ ................... .............................. ....................................... F4 -G • . , Via;.. „w, aa: ��o Sep,=�a���,, �.a.�...........................................................................................per Sec. 110-203. Additional requirements for replats, it it �ir�gir plats, amenclin.ge.d.plats, and final plat drawings. N Every replat, minor ll g s4ert--c a9p , amend %n„g 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 drawingthat 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. rtT. dfs�rip ion must f.e re-nce„the last instrument conveying title to each parcel of property involved in the proposed subdivision, giving grantor, grantee, date, and land records reference. (b) Global positioning system (GPS)horizontal control survey.The plat driving 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.'a 6+k-teri-4ea r-i frs C 4e.,....G Va9Ia9:A-e--r��;.ems... . . ak-s....de- w, .- (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- ate . (e) Irregular side lot lines. Side lot lines that are not perpendicular to the street right-of-way must be 4Aieatc,d--1..abel d with bearing and distance. Page 36 of 61 (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 7--4f`- _, ,4 a must be shown on the plat drawing.If ny..11.�?Eji..on„ref the subdivision()r y -rt ar dra is located in a„F-EMA„des%gDg.2d. ..pffJ.a.I......F1.2od......H..az..a.rd.....A.r..ea........(.:�.F.H.A.)..a.... yc�.�.....:f4s� 1 �n� p. _., the developer will be required to comply with the flood damage prevention article.of t Wi e...Code„of 0rd„i-nan-ces. ifieG C:;F,artifkgtiran. QL gppE2vgj. Every replat, m...inor p1g.U.. p _ _ amending plat, st - *m—t --or final plat must s4all contain a certificate of approval a pro riate to the . e of . lat and in a format . rescriYaed Ya tWe Plannin Civision. ad- I?.li..................P...........................................................................y..P............................I................................................................................................................I.................................................................Y......................................................................g.................................................... :> ^;s .)..n ¢.ar,,.r: a.... r.y,..r. a..1.....4a. r..l.a... .> a..r : ...' .> ..nsa..l..l..... Ly e(i.......d. a Ate' ?�•�'o _ �=hw't��-„P n..��... ..........................................................................................per r.,... 0,)I County certification. Any certification block required by the county clerk's office for filing must be shown on the plat drawing aPfW--IPA44---9P-CtK4IR 11494 Dedication certificate. Every replat, n%nor I nqEdin..g. plat, sh4�� -or final . . . . plat must contain an owner's certificate of dedication, signednr...n.cU, ri . ................................... UU as follows: KNOW ALL MEN BYTHESE 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. ;..... S TA TE OF TEXAS .C..OU I.N TY OF"TARRAIV T. 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. GW-ep.. �h-an4....a..rrr s a f ..................................`raY f ::::::::::::::::::::, d ....q: ;,,t_ arne Page 37 of 61 .. ............C44Y-Ge- ne4-aW:ewj4&&rtafm t i Eu.e.ry... c 9f+c c.... .q,:. 9 You W + r ... ' . ec . .• _ a..l....y ...: ..rr +la..l..l.... e 9FU""Y1.4�a.revPe....c4 ...... AR-e-A- .9sere.,: . Secs. 110-204-110-230. Reserved. ARTICLEX. DESIGN CRITERIA .................................................................................................................................................................................................................................... � �m �� : �m infotimi� �� rs� r .g.� ti ins ...... . ...... . ...... .. . ... . .. ...... . . . ..... ... . The minimum area and dimensions of all _ lots must conform�o�We rec �irernen�s:f I- _ _. ". --9ra ........................................................................................................................................................................................................ R, ma _+ of the applicable zoning district as contained in the zoning chapter of this Code(chapter 118). .c. .I10::°..2 32..m.....G e i.ngir aJ�. .m. Ever su�Yadivision . lat must be reviewed b tW�e cif [or con!orrnance with the desi n criteria contained in this v.......................................................................I..................................................................................................................................v.........................................v............................................................................................................................................................................... .................................................................................................................................................... article. V Is reco nixed thaV:'suitability�i"Iarg�e'Eistics Var �ror"r"I'ite to site and the Plannin and/.onln Commission rr I''IC)n .........................................................................................9.............................................................................................................y..........................................................................................................y............................................................................................z.............................................................................................g............................................................g........................................................................, rrua . rovide oversi inn in he inter. reta�ion a. rlication and enforcement of these criteria. Y.....I..........................................................................g...............................................................................1�..............................................R............I�.I I................................................................................................................................................................................................................................................... Every subdivision plat must be reviewed by the city for conformance with the design criteria contained in this article.=F _ "'�I:t is s� recognized that suitability characteristics vary from site to site,and the Planning and Zoning Commission may provide oversight in their interpretation application and enforcement of these criteria. a.).. (!.i„) 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 must not i44 -rrw) 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 desu,, ua a4PuY lic Works Cesi n Van�a..lRunless o�W.erwiseaIr�roved aYWe. Cif E... ......... .. ... unless.... ........ ...... .... ...... ... ... . n i.n.eer. (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. N (L) 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. �s "-;e,',;; Page 38 of 61 N ( „) 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 a g.... . :> ....rr. T ....for the .!.�!:t.�'.�!.d.�'.d.....use. In long blocks....�.��.!�..gg.[..:t.b.g.o. I Qpp feet the ,=.k...,r... . . . . ']. ......... rr�c �r �Ilir �cur ,---,TM . r_ i. ...e- -_. qua— e icat.on o an ................................................................. easement through the block rna..y Yafa re.qu�ir d to accommodate utilities, drainage facilities, or pedestrian traffic. When such an easement is required, additional width shall be included in the adjacent lots. O Buildable area. Every residential lot proposed for development must contain a buildable area w4ieh Goy . .�, a -.WA H;4—,21 „„I s t 125 percent of the minimum structure square footage required for the applicable zoning district. The buildable area must be situated out of the - wda1% Chance Special Flood Hazard Area. O Character of the land. Landw4k­h _ . :: 9 , � a A:&�ethat 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#a 44;, aaa :. ur9ur9u-s:u iUy to solve the problems created by the unsuitable land conditions. >> C'on ormit with com rehensive lan. Plat. and . ro. o.ed . �Yalic im. rovement. must conform to ItT. corn�.^qEfbensive Land Use Plan and its constituent elements including but not limited to thEl ...................................................'...............................................................................................................................................................................................................................................................................................................................1...................................................i:.n................................................................................................................I........................ trans rrortation Plan° Parks Recreation . �': p��y 0 .SP�.y.]Le CWlaster Plan° small area �.gylans° u�rhan deliy�n ...............................l...............................................................................A.....................................E................................................................................................A.'...............................'.................................................................................................¢.......................................................................A.'.........................A...................................................................i:.n........ Lclans°and all otf='E a r. Ilcable develo rment-related clans and ordinances of the city, .................................................................................................................IL.....p...............................................................................IL..................................................................................IL..........................................................................................................................................................................V.... (.(L.)......... i.:t. i.a..�. ... e.,..r ry......R: -4,'......P-1-at &4a4-eenfarm......: t r i.:t.y.s ���u�q:�-r�du + � •„w,...-. , :,��...' .> .q:�.:t�.,�.};--tq=r..i..,�...�ra-�:_� U-W��- " . . _ i.:t. .. Corner clip. At all street intersections,tr. r=aw--.s94)_ . _ --a minimum ten-foot by ten-foot corner clip sidewalk and utility easement r�C...rigY„�„c��„yv,�y df�„ication diagonal to the street right-of-way lines rngu U....he'Ilrrovided.. Corner lots. Additional lot width must be c -� _m_ Jl Egyided„for corner lots to allow for two street frontage setback lines. (.k.)......Cul-de-sac length.d' -A-street may not be designed to be dead-ended without the installation of a cul- de-sac deli ned and constructed in accordance with Public Works Desi n MW.]Mal standards. ...................................................................................................................................................................................................................................................................................................................................................g......................................................................................................................... °k4,at . . _ .s.... . d cul-de-sac street .rn.L!.`�.„U Dol exceed 500 feet in length,as measured along the street centerline from the projected curb intersection to the farthest curb location. (I„) Double frontage lots. Double frontage and reversed frontage lots&h4l lac,--av( er-ark dish ou-raggd except where necessary to provide separation of residential development from collector or arterial streets or to overcome specific disadvantages of topography and orientation.=n _ . . - . ,,auk. 9-ss9 ay--r_ urp_4#at--. sip-i conditions may be placed on the plat to limit the facing of main structures or limit driveway access from any collector or arterial street. (.!r!..)......Drainage easements .: yig�.. Y. dfa+F .a- .Nna..a W-h.e., rawage— s9lLot lines must be drawn to the center of the drainage easement. p map• „_ _ ws swat +: ,4 4-ie Any lot intended to be used as a buildable lot that contains a drainage easement must be designed to have a buildable area 4+at+.- at ,a-n�M oj'at leant 125 percent of the minimum square footage required for the applicable zoning ....................................................... district. ::5 p9 ra...' .> zr).0 ua.g.... ,mm ss.0 �y a.y,... P a@R. .q:t—,at_ ,, ,a ,: ..' _ s sr,,.. a......9u tGwiR ,as . r. ...... Y9u� u Page 39 of 61 allow such�2DI'i ur tio , 1[Eoyided the following S2D�rtions are met: tT. waiver does not circumvent tl-e norm I plg tinF a �� tT. lot width is not less than fift in width at its f on agg �2ODf,,Ltion with the m�.asured from the connecting s Ef=f�t fLQDtggf, to where the lot widens into a flag �!aj[f to | 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 sign yWunuu|. 6roding and lot drainage. standards contained in the Public Works D sig Re�identiu| |ot ff inumunnerwhichwiUnotuUowrunofftocrossmomthuntwo |ots, indudingthe|ot on which the drainage originates,before it enters a street or drainage easement.If this is not possible, | then u drainage easement must beand 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. �� Egggirements and standards contained in the Public Works DesiFn Manual. INot more than two streets | ...........Intersection angles. Spacing of intersections along major streets ffR+�L�a4.must Coml y Y�rth the reg2irements and standards contained in the Public Works De§ig %0a n u a �Not more than two streets may intersect ut any one point unless specifically approved bythe | planning and zoning commission.Proposed new intersections along one side of an existing streetsh417 Page 400foz NW. _ -, _ f- '...M.g.s t'coincide with any existing intersections on the opposite side of such street. Streets must be laid out so as to intersect as nearly as possible at right angles. Intersections that are not right angles must use the following criteria: ( .)......A proposed intersection of two new streets at an angle of less than 75 degrees F4a9 raa _%`....n.ot....p.f EMJ:ttted.. An oblique street intersection or curved street approaching an intersection should be approximately at right angles for at least 100 feet therefrom. 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. Lot dimensions. ..T.�l.�'.....min..imu�!r!.....a.C�'.:a.....an.d....dimensions...�?:f....a.11......lots&hagL.....be-,a a.4bAe.. .�-;.L!.`�:t.....con„form h-to the ref a irements of the a. . Iic.]ble z.onin district as contained in the zoningSY !a ��er of this ... . ....... ..............................................................................................................P..I........................................................................g................................................................................................................................................................................................ ........................1I............................................................ �^.`.?.d.�......';-i-nrrrn -.-,°•,"a..r�.�r .• �:......:f�r.,.......�; � :> ..�..rf aa..r .,......(Chapter 118). � mod_."� , ......c �s�1)4iV4 c da 9r f 9rFe far U.... :> ar4g4---- )......s:t..rpm4". a.,s ....,a.....r ie ,—e-, ILot lines that are ,W not at right angles to street lines, or shown as a radial, must contain a bearing notation. Dimensions Nof corner lots must be large enough to allow for men-to-'e„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 ,(4—intended type of use and development.. .,..r . '.3.... P--(c 4aiger 149.)..; (2) Masonry screening walls. Masonry screening walls must be constructed adjacent to any residential thoroughfare designated as C4U.Mad.or t��I lgctor.or larger,on the Transportation Plan.A t.wo a-nd one Y alb t rot(1.'a) s creeping wal„I eas errent rr us t Yaf pEr�yided..on the plat drayving ca•,.....° �qI r� (y) Multiple entrance and exit locations. er_ R-4*-,;.The use of two or more entrance and exit locations is _ raged..n r4gir .d when the subdivision contains tW ift.y...(.�.T)„)44)or more lots.des w c� U k ' .g......,a... q... � ...... r_ rr7 ....... .t.4::°, r s � a..q.ypq..i.. .£ ... of g eec V n Fn i.4P4:c--d (yv) 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. ".wn.P....a�igw,.....r.1. .. ..a.y....wA#Fm.....cgnri .y n_ wrra, ... .. .a ........ ... �... q...,. _.......,�.I} .� .�.q.p.. . _ :f........ _ _I _ ._ tar a s ......4:a� t ua. .....R�t--ir &4 ea V,r, l,-,-�-II w^.in.. °n" a A"` V let-; (x /atrar bradir,s. If a tract bein s�Yadivided contains a water Yaod or . onion tWereo� lot linen sY"all Yae ........)...........................................................................................................................................................................g...........................................................................................t..................................................................f..........................y.....................p..............................n..............1..............................a................................................................................................. drawn to distribute the entire ownership o[tbfe water Yaod arroon adjacent lots. ................................................................................................................................................................................................................................I....................................................................................................Y....................................g..................1........................................................... ,, ,i� Water bodies. If a tract being subdivided contains a water body or portion thereof, lot lines must be drawn to distribute the entire ownership of the water body among adjacent lots.=4e-�q i-R,;arYA p....a..I:t. :t.q.v(--,...j94 a..... _�.ne-F.q:: q{-.�Pop '� r. � rn.a i..n n a e—��---ter_ rt�r....... 4y4s ." 9 aee p• . . 9.q..I........;. Y—e: ........p J-��r... . , a:,..PG44;..i..1444-y; 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. p--R ,. An lot intended to be used as a buildable lot that includes a water body must contain a buildable area that is,at a minimum, 125 percent of the minimum square footage required for the applicable zoning district. z C'ommon access easements. To the maximum extent . racticable common access easements will be .....1............................................................................................................................................................................................................................................................................................................................ ........................................................,......................................................................................................................................................................................................... ref gired between and or across an lots 7.oned used and or . fanned Y tbfe Land Use Plan for ................................................................................................................/..........................................................................y.............................................................................................................................../...................I....................................................y......................................................................................................................................... nonresidential . u�r. oses and �rontin on arterial and collector streets in order to rrinirri�.e tWe total ......................................................................................P..............I..............................................................................................g..............................................................................................................................................................................................................................................t.................................................................................................................... number of access roints alongthose streets and to facilitate tra�'rlc flow Yaeatween lots. TY"e eas errents .....................................................................................................I i............................................................ .................................................r.........................................................................................................t......................................................................................................................................................................................................................................t...... Page 41 of 61 be recorded b sel gE�.ite instrument with Tarrant Coun The common access easement must be at lea. t t en i �� �2.,e,�dEivewa s and extend across tl�ie entire wiclt�l o tl-e p[gl f Ely 2 provide access owner's association, as apl !icable. When an easement is created by pjg�j a M�.iintenance note must ����t ARTICLE X1. REQUIRED IMPROVEMENTS Sec. 110-251. General infrastructure policy. (u) 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 orsemipub|ic improvements i..s a. developer. All such facilities must be designed and constructed in accordance with the Public Works Design Manual and�X--4R- onforme*eev���.o the general layout of the eA�musterplan (b) the facilities must be sized in excess of that � VVheneoversizingof public fuci|�iesismquined,orwhere the relocation of public facilities is required,or where specific public or sernipublic improvements are necessary for the proper development of the subdivision,the developer of the proposed subdivision must construct or relocate said public orsemipub|icfacilities. When u tract ofland 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+muyor easements from the adjoining property owner or owners and for installing those improvements ut their own expense. Page 4zofoz (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 Nnecessary for the pr . _ 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 Design Manual. r� ems.......R: 49 Y � :_ e .- :f.....:t..�.. ..�.,..re—�� _ _... _-- tea-r ....�.,......y,:. �.,<_ , ,-,-,�.�= , t,-.._ U.,a:t ...4y44&4_5' ,... a r,,....: r� P-46;. g.r. . . may..... 44rg1 .• s ,,..m, t-kAll 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. NThe developer must install, at their own expense, rrr4: af .n.r?.!.g.!..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 %s`�....s-u Y jf='cI. 2 Ip„p[gyal Yay t W.i City Engineer and w_- 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 &h4l-.ro-us t c..on„f..orm t.o* wa ee4arrnanee ..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. Page 43 of 61 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 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 atrear 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 Nto the Planning and Zoning Commission pu {arI fat e-to demonstrate rear lot utility location is not technically or environmentally feasible. Since the impact of technical and Page 44 of 61 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. (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. �.l en. tT=ad acen mo. f'L df=, ' s ree c Dnections to the existing access . (rots must be �rovlded. ........................................................................I............... ..................y........................................... .......r............................................................................................................................................................................................a............................................I..................................................................................l................................................... Sec. 110-259. Street improvement requirements. NThe developer must construct,at their own expense,street facilities necessary for the i= y= 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. (..)..........:(..w f.,..rr: _. �. a. �. :t......q;:._ ..,......D.ead.....er!.d......:`tr�'.�':t.`�......are......11�f'rrr!.!:tt.�'.d....on..ly....�.�1.f.Lg......a future extension or connection is antici. aced or . lannfad into ad'acen� . ro �faE . If the dead end is ...................................................................................................................................................................................................................................p................................................1....................................................................................1.....................................1�.............11....................y.............................................................................................................. greader Wean 150 feet measured from tWe . ro. fart line a turnaround facility is rec2ired. The ..............................................................................................................................................................................................................................................................p..............I..................y............................a...........................................................................................................................y................................................................................................. develo afar is res. onsible for acc a irin the ri ht-of-wa or easement and constructing �W e��rnaro�nd. E................................................y.............................................................................g..........................g.................................g..................................................y.....................................................................................................................................................................,......................................................r................................. Page 45 of 61 The turnaround will be considered tempgLgEy 2D il the street is extended or a pf Lrngoerrt cul-.de-.sac is constructed. The turnaround ma be constructed without curb and F 2 D d����� d) Winere dead end streets ar p[gyicled for future extensions or connections int a JgceD Lgpf E ies he dev lol.f 1 o he �'.AL.'cf=,.D.......l.Lo.p..�r y fDg� ie into and extend the street into the Sec. 110-260. City participation in thoroughfare street improvements. (u) 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 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 of36feet, 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 subgmde preparation, and all other costs involved in the street construction, including engineering costs. (b) When u 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 ovenizing of the street is at the discretion of the developer for aesthetic purposes orspecial 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. uppropriute curb ramps adjacent to all public street rights-of-way.C-E**steti+-R Sidewu|k construction and placement must conform to the following: �p"A/b\- Page 4omoz side yard sidewalks and rear yard sidewalks adjacent to perimeter streets must. hedeve|ope�� nt yard sidewalks must be constructedfor each lot prior to completion of any primary structure. Sec. 110-262. Masonry screening wall requirements (mernipubUc irnprovernent). newly platted residential or nonresidential subdivision or resubdivision of lots | adjacent tou [4U thoroughfare,or larger, us shown on the Transportation Plan, must comply with the screening wall requirements us provided inthis section. (u) The developer of any lot located in a newly platted residential subdivision,or resubdivision of existing | residential lots adjacent touC4 thoroughfum, or|u�e� must construct umasonry or concrete screening wall along and adjacent to said thoroughfare. However, u rep|utofun existing one lot residential subdivision on any street isexempt. (b) The developer of any lot located in a newly platted nonresidential subdivision,or resubdivision of lots, | which have u rear property line adjacent tou or larger,must construct a masonry or concrete screening wall along and adjacent to said thoroughfare. (c) The masonry or concrete screening mmU must be constructed in u manner consistent with the standards and specifications contained in the Public Works Design yWunuui Any combination of and landscaping ut street intersections,or entrances tosubdivisions, is considered an acceptable alternate material. Except for landscaping materials, 'Re masonry or | concrete screening wall or its foundation ithin the street right-of- way. (d) Any masonry screening wall constructed within the city which is not required by subsection (u) or subsection (b) of this section must be constructed in u manner consistent with the standards and specifications contained in the Public Works Design Manual. Sec. 110-63. 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 f*e�:*e�deve|opment of the subdivision. constructed in accordance wit!:i t!:ie criteria establisbed in t!:ie Public W r s D si n Manual. 4.-c4,�. e4 Upub|ic drainage facilities must be constructed within u public drainage easement Sec. 110-264. Off-mite drainage. |n respect to off-site drainage,the following provisions apply: (u) The developer isbe 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 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. Page 47ofoz Sec. 110-265. Street lighting. The developer must furnish, install, construct or extend, at their own expense, street lighting facilities Nnecessary for the t= y= 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) On 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. Sec. 110-267. Temporary improvements. N The y I I.f'.C...mus t 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. Prier t be inning�20n��L2�tion,,the developer's contractor is required to file a maintenance bond with the City f a-r t Y + u to y & w_—eAy 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 e-iriit- utIhgiriztp„irl required. Construction must not start on any street, sidewalk, drainage, utility or public improvement until authorized .y...:tbf=,..-Q...Y.....E..n..g.!..n.e e.r.... _ and aR acceptal 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. Page 48 of 61 Sec. 110-271. Final walk-through and construction debris. The developer i44 must arrange for a final walk-through inspection with the b g &ffi4al�Jay En„gineer..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 Nrovide 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. .�'�� .�.m.....�..�. .::°.. , . .m.....11„inst llatio.!!�.....p:�.....1�. ..irirv�. ..!!�. ..!!�.�....:fiel. .....irnoinulrn ints (a) 9M?.rcr/1Y,,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 such monuments must be set flush with or below the ground and planted in such a manner that they will not be generally disturbed. N (b) 5'cabdivisi2n„b.o g.ndcrr i..e..s 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 Intrarncrl black corners. Permanent monuments must be placed at all internal block corners, street intersections,street angle points and curves tangents&h4I +P ae by iron rods or pipes at least 18 inches long and one-half inch in diameter. d l..rat corners. Permanent monuments must be placed at A44tWie corners of all lots :&h4l.........r_ -- _ ts-in the field by iron rods 18 inches long and one-half inch in diameter. ARTICLE XIL 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; Page 49 of 61 (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 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. Page 50 of 61 (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 inA.rt..!.c...e.....X......(.[�.�'.�4.'g..!..r .d......!.m..p.[gyf r!.f. :.`..)...... :....:t.b.!.`.....c.h.a..IIItg.C....,a.r ,,......X..... .„w,.r and Article III of Chapter 94 ..IViYacrWccdr�<Injj ?n rcjrn `) of the Code of p (............-...g i - .. - 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 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 capacity to provide water for domestic use and emergency purposes, including adequate fire protection. Page 51 of 61 (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. (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; Page 52 of 61 (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. (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 va+RP-e .mod„if% ,atJon or waivfr_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. Page 53 of 61 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 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.::S (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. 9ueua ' �.,...aq::�p��r._ .. _,•.:t.....gaca�u-prac� =--�.....e� _m. !�e-n-s�l�i�.:. �-.y= p• .• �` 4 w' "c.-Ay--"rm'r'rLrni�-i �.�'. .. _�-�:�9��.3�t---E3� �:-��n-w'—.'sll���.__cdri,______ir,��ywn.. ......as4���}... P 9uerarp�kep+tkwcw...., ry 9da.r....Yaetaua , 9p : . .,....: ° = w' a.�. �.K- j i 11 developer's agreement may no:U 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. .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. The appellant must submit to the City Engineer cop4my 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. Page 54 of 61 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. 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 N nc icy epee-the applicant _ A(d--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 theruai N n-n„in„g„-C2ivi„sion„-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 Page 55 of 61 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. (c) If the City Council denies the appeal #K-- I+ ua-t--9 -tom- " )pry- t..i...r°s-u )4R-I--,:4t-,� 34a4..r1.f......P..!.]t.....g..III..p.!..!.ca:t..!..o.n.....m..L!.s:t.....be. place. �pla � i.��ua....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 Nof nonresidential uses, the c•. ,a.gc== 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 XIII. 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. 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"k r' y'�"r"�' :q 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; (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 at 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. Page 58 of 61 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 t,a�,,„s i-n A all fan�„ix A(Ff=,f=s ci er ule) in tWie Code of 0rdJnances F , "— ---,r4ix A.... n (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...A.pIII.f'.n. i..LA.....(.. . .....` Y. . ..!.. ..).....!.n....:t.1.e....C..2.d.e..-o:f....0rd..!...nan..ce`..Table 1 in Appendix A,chapter 110,subdivisions. (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,.f.L:t!.r?.r........ !.:.:`...)..,:` d (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 Page 59 of 61 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. (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. Page 60 of 61 (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. Page 61 of 61 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. North Richland Hills,Texas,Building and Land Use Regulations Created: 2024-02-05 11:12:12 [EST] (Supp. No.34) Page 1 of 58 (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: Created: 2024-02-05 11:12:08 [EST] (Supp. No.34) Page 2 of 58 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. Created: 2024-02-05 11:12:08 [EST] (Supp. No.34) Page 3 of 58 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. Created: 2024-02-05 11:12:08 [EST] (Supp. No.34) Page 4 of 58 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 Created: 2024-02-05 11:12:08 [EST] (Supp. No.34) Page 5 of 58 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. Created: 2024-02-05 11:12:08 [EST] (Supp. No.34) Page 6 of 58 (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. Created: 2024-02-05 11:12:08 [EST] (Supp. No.34) Page 7 of 58 (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. Created: 2024-02-05 11:12:08 [EST] (Supp. No.34) Page 8 of 58 (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. Created: 2024-02-05 11:12:08 [EST] (Supp. No.34) Page 9 of 58 (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 Created: 2024-02-05 11:12:08 [EST] (Supp. No.34) Page 10 of 58 (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) Created: 2024-02-05 11:12:08 [EST] (Supp. No.34) Page 11 of 58 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 Created: 2024-02-05 11:12:09 [EST] (Supp. No.34) Page 12 of 58 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) Created: 2024-02-05 11:12:09 [EST] (Supp. No.34) Page 13 of 58 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) Created: 2024-02-05 11:12:09 [EST] (Supp. No.34) Page 14 of 58 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; Created: 2024-02-05 11:12:09 [EST] (Supp. No.34) Page 15 of 58 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] (Supp. No.34) Page 16 of 58 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. Created: 2024-02-05 11:12:09 [EST] (Supp. No.34) Page 17 of 58 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] (Supp. No.34) Page 18 of 58 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. North Richland Hills,Texas,Building and Land Use Regulations Created: 2024-02-05 11:12:09 [EST] (Supp. No.34) Page 19 of 58 (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. Created: 2024-02-05 11:12:09 [EST] (Supp. No.34) Page 20 of 58 (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) Created: 2024-02-05 11:12:09 [EST] (Supp. No.34) Page 21 of 58 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 Created: 2024-02-05 11:12:09 [EST] (Supp. No.34) Page 22 of 58 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 Created: 2024-02-05 11:12:09 [EST] (Supp. No.34) Page 23 of 58 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 Created: 2024-02-05 11:12:09 [EST] (Supp. No.34) Page 24 of 58 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. Created: 2024-02-05 11:12:10 [EST] (Supp. No.34) Page 25 of 58 (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. Created: 2024-02-05 11:12:10 [EST] (Supp. No.34) Page 26 of 58 (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) Created: 2024-02-05 11:12:10 [EST] (Supp. No.34) Page 27 of 58 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 Created: 2024-02-05 11:12:10 [EST] (Supp. No.34) Page 28 of 58 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 Created: 2024-02-05 11:12:10 [EST] (Supp. No.34) Page 29 of 58 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. Created: 2024-02-05 11:12:10 [EST] (Supp. No.34) Page 30 of 58 (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. Created: 2024-02-05 11:12:10 [EST] (Supp. No.34) Page 31 of 58 (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. Created: 2024-02-05 11:12:10 [EST] (Supp. No.34) Page 32 of 58 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: Created: 2024-02-05 11:12:10 [EST] (Supp. No.34) Page 33 of 58 (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 Created: 2024-02-05 11:12:10 [EST] (Supp. No.34) Page 34 of 58 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 Created: 2024-02-05 11:12:10 [EST] (Supp. No.34) Page 35 of 58 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: Created: 2024-02-05 11:12:10 [EST] (Supp. No.34) Page 36 of 58 (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- Created: 2024-02-05 11:12:10 [EST] (Supp. No.34) Page 37 of 58 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) Created: 2024-02-05 11:12:10 [EST] (Supp. No.34) Page 38 of 58 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 Created: 2024-02-05 11:12:10 [EST] (Supp. No.34) Page 39 of 58 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) Created: 2024-02-05 11:12:11 [EST] (Supp. No.34) Page 40 of 58 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, Created: 2024-02-05 11:12:11 [EST] (Supp. No.34) Page 41 of 58 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 Created: 2024-02-05 11:12:11 [EST] (Supp. No.34) Page 42 of 58 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. Created: 2024-02-05 11:12:11 [EST] (Supp. No.34) Page 43 of 58 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) Created: 2024-02-05 11:12:11 [EST] (Supp. No.34) Page 44 of 58 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. North Richland Hills,Texas,Building and Land Use Regulations Created: 2024-02-05 11:12:11 [EST] (Supp. No.34) Page 45 of 58 (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 Created: 2024-02-05 11:12:11 [EST] (Supp. No.34) Page 46 of 58 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) Created: 2024-02-05 11:12:11 [EST] (Supp. No.34) Page 47 of 58 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. Created: 2024-02-05 11:12:11 [EST] (Supp. No.34) Page 48 of 58 (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, Created: 2024-02-05 11:12:11 [EST] (Supp. No.34) Page 49 of 58 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; Created: 2024-02-05 11:12:11 [EST] (Supp. No.34) Page 50 of 58 (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) Created: 2024-02-05 11:12:11 [EST] (Supp. No.34) Page 51 of 58 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, Created: 2024-02-05 11:12:11 [EST] (Supp. No.34) Page 52 of 58 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. Created: 2024-02-05 11:12:11 [EST] (Supp. No.34) Page 53 of 58 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 Created: 2024-02-05 11:12:11 [EST] (Supp. No.34) Page 54 of 58 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) Created: 2024-02-05 11:12:11 [EST] (Supp. No.34) Page 55 of 58 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: Created: 2024-02-05 11:12:11 [EST] (Supp. No.34) Page 56 of 58 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) Created: 2024-02-05 11:12:12 [EST] (Supp. No.34) Page 57 of 58 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) Created: 2024-02-05 11:12:12 [EST] (Supp. No.34) Page 58 of 58 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