HomeMy WebLinkAboutOrdinance 3847 ORDINANCE NO. 3847
TEXT REVISION CASE TR23-03
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, AMENDING IN ITS ENTIRETY CHAPTER 110
(SUBDIVISIONS) OF THE CODE OF ORDINANCES OF THE CITY
OF NORTH RICHLAND HILLS, THROUGH THE REPLACEMENT
BY THE ADOPTION OF A REVISED CHAPTER 110
(SUBDIVISIONS) CONSISTING OF ARTICLE I ENTITLED "IN
GENERAL"; ARTICLE II ENTITLED "ADMINISTRATION";
ARTICLE III ENTITLED "PLATS"; ARTICLE IV ENTITLED
"PRELIMINARY PLAT"; ARTICLE V ENTITLED "FINAL PLAT";
ARTICLE VI ENTITLED "MINOR PLAT"; ARTICLE VII ENTITLED
"REPLAT"; ARTICLE VIII ENTITLE "AMENDING PLAT"; ARTICLE
IX ENTITLED "TECHNICAL SPECIFICATIONS FOR PLAT
DRAWINGS"; ARTICLE X ENTITLED "DESIGN CRITERIA";
ARTICTLE XI ENTITLED "REQUIRED IMPROVEMENTS";
ARTICLE XII ENTITLED "ADEQUACY OF PUBLIC FACILITIES;
PROPORTIONALITY"; AND ARTICLE XIII ENTITLED "IMPACT
FEES"; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR
SEVERABILITY; ESTABLISHING A PENALTY; PROVIDING FOR
SAVINGS; PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located
in Tarrant County, Texas acting under its charter adopted by the electorate
pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of
the Local Government Code; and
WHEREAS, the City Council has previously passed an ordinance adopting the
Vision2030 Land Use Plan as the primary document on which to base all
zoning, platting, and other land use decisions; and
WHEREAS, the Vision2030 Land Use Plan map provides guidance for future
development in conformance with the adopted Vision2030 Land Use Plan;
and
WHEREAS, the Subdivision Regulations of the City of North Richland Hills are an
important part of the land development process and serve as an
implementation tool of the comprehensive plan and the zoning ordinance,
providing standards and requirements for the creation of residential and
nonresidential lots and subdivisions, and ensuring that public and private
development is served by adequate public facilities for water, sanitary
sewer, streets, and drainage; and
Ordinance No. 3847
TR23-03
Page 1 of 4
WHEREAS, the current version of the subdivision regulations was adopted in May 1994
and have been amended several times, creating a patchwork of changes
that has resulted in inconsistent terminology and a fragmented ordinance
structure; and
WHEREAS, immediately following the May 2023 City Charter election, City Council
approved Resolution 2023-044 on May 17, 2023, directing city staff to
initiate the amendment process to the subdivision regulations; and
WHEREAS, a revision to the subdivision regulations was drafted through collaboration
of staff, development professionals, and residents as well as public input to
meet the goals and objectives of the Vision2030 Land Use Plan; and
WHEREAS, public input and comments on the revised subdivision regulations were
provided through a public outreach program including public meetings, a
public comment period, a dedicated website utilized to review and
recommend revisions to the subdivision regulations, and work sessions with
the Planning and Zoning Commission and City Council; and
WHEREAS, the City Council of the City of North Richland Hills desires to replace in their
entirety Chapter 110 (Subdivisions) of the Code of Ordinances through the
adoption of a revised Chapter 110 (Subdivisions) chapter; and
WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills,
Texas held public hearings on March 21, April 4, and April 18, 2024, and
the City Council of the City of North Richland Hills, Texas, held a public
hearing on April 22, 2024, with respect to the proposed ordinance
amendment; and
WHEREAS, the City has complied with all requirements of Chapter 212 of the Local
Government Code, the Subdivision Regulations of the City of North
Richland Hills, and all other laws dealing with notice, publication, and
procedural requirements for consideration of the proposed ordinance; and
WHEREAS, upon review of the proposed ordinance, and after such public hearing, the
City Council has determined that the proposed ordinance amendment
promotes the health, safety, morals, and general welfare with the City of
North Richland Hills and is in the best interest of the City of Nort Richland
Hills;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, THAT:
Ordinance No. 3847
TR23-03
Page 2 of 4
SECTION 1: Chapter 110 (Subdivisions) of the Code of Ordinances of the City of North
Richland Hills is hereby amended and restated to include the adoption of
the Subdivision Regulations, a copy of which is attached hereto as Exhibit
"A" and incorporated by reference for all purposes, and which hereby
replaces in its entirety Chapter 110 (Subdivisions) of the Code of
Ordinances of the City of North Richland Hills.
SECTION 2: This Ordinance shall be cumulative of all provisions of ordinances and of
the Code of Ordinances of the City of North Richland Hills, Texas, as
amended, except when the provisions of this Ordinance are in direct
conflict with the provisions of such ordinances and such code, in which
event the conflicting provisions of such ordinances and such code are
hereby repealed.
SECTION 3: It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses, and phrases of this Ordinance
are severable, and if any section, paragraph, sentence, clause, or phrase
of this Ordinance 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 sections, paragraphs, sentences,
clauses, and phrases of this Ordinance, since the same would have been
enacted by the City Council without the incorporation in this Ordinance of
any such unconstitutional section, paragraph, sentence, clause or phrase.
SECTION 4: Any person, firm or corporation violating any provision of the Subdivision
Regulations of the City of North Richland Hills as amended hereby shall
be deemed guilty of a misdemeanor and upon final conviction thereof
fined in an amount not to exceed Five Hundred ($500.00). Each day any
such violation shall be allowed to continue shall constitute a separate
violation and punishable hereunder.
SECTION 5: All rights and remedies of the City of North Richland Hills are expressly
saved as to any and all violations of the provisions of any ordinances
governing subdivisions that have accrued at the time of the effective date
of this Ordinance; 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 Ordinance but may
be prosecuted until final disposition by the courts.
SECTION 6: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clause of this ordinance
as required by law, if applicable.
SECTION 7: This ordinance shall be in full force and effect on July 1, 2024, and upon
publication as required by law.
Ordinance No. 3847
TR23-03
Page 3 of 4
AND IT IS SO ORDAINED.
PASSED AND APPROVED on this 22nd day of April, 2024.
CITY OF NORT ICHL HILLS
By:
Qscar revin ayor
ATTEST: ;r,,a
Alicia Richardson , r� •
City Secretary/Chief Governance-Of
APP OVED A TO FORM AND LEGALITY:
d)tia
Cara Leahy White,interim Ci y Attorney
APPROVED AS TO CONTENT:
C ayton stock
Managing Director of Development Services
Ordinance No. 3847
TR23-03
Page 4 of 4
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
Chapter 110 SUBDIVISIONS
ARTICLE I. 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 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.
Ordinance No.3847 Page 1 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
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 regarding 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, transportation, and other public facilities including electricity and other
franchised utility services.
(b) All public improvements must conform to and be properly related to the comprehensive land use plan of
the City and the Public Works 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 this section,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, it►ustration,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.
(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.
Ordinance No.3847 Page 2 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
(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.
Building permit. An official document or certificate issued by the building official that authorizes
performance of a specified activity.
Ordinance No.3847 Page 3 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
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 Chapter 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 plat and showing the
specific location and design of improvements to be installed in the subdivision in accordance with the
requirements of the Public Works Design Manual.
Conveyance plat.A plat used solely for the purpose of transferring ownership of a parcel or portion
of a parcel of land in order to record the transfer of ownership or property interests,but without requiring
the design or construction of public improvements.
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.
Developer. The owner or agent representing the owner of any property being proposed for
subdivision or development, 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.
Ordinance No.3847 Page 4 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
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 or
configuration 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 Chapter 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.
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.
Ordinance No.3847 Page 5 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
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
plats in accordance with these regulations and state statutes.
Planning division.The division designated with the responsibility of accepting plats for the City and
preparing the necessary documentation for the Planning and Zoning Commission.
Plat. A preliminary plat,final plat, replat, minor plat, amending plat, or other plat established and
provided for in this chapter.
Preliminary plat. A 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.
Public Works Design Manual. The city Public Works Design Manual, as amended, that establishes
minimum criteria for the design of public works/utilities.
Rep/at. A revision of existing platted lots, or existing platted lots in combination with other tracts,
for the purpose of creating a new lot configuration.
Ordinance No.3847 Page 6 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
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.
Storm drainage facility.An improvement designed or used for collecting or conveying stormwater,
including, but not limited to streets, alleys, storm sewers, channels, culverts, bridges, swales, and any
facility through which stormwater flows.
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
property within the city. In addition to the requirements established herein,all 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.
Ordinance No.3847 Page 7 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
(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 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 II. 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
Ordinance No.3847 Page 8 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
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) 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,waivers, and exceptions.
(a) The Planning and Zoning Commission may approve modifications, waivers, or exceptions from these
regulations upon written request from the applicant stating the grounds for such modification,waiver,
or exception. 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 modifications,
waivers, or exceptions 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,waivers, or exceptions 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,waiver,or exception 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, waiver, or exception 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 the applicability 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, except in
accordance with 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 to any property as authorized 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
Ordinance No.3847 Page 9 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
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, 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 chapter.
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,
documents, or other requirements required by this chapter have been submitted for the type of plat
or plan for development being 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
Ordinance No.3847 Page 10 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
determination must specify the information, documents or other requirements needed to complete
the application and must state that the application will expire if the information,documents,or other
requirements are 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 chapter 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 or development plan 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
information, documents, or other requirements necessary to comply with the form and content
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 or development plan 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. 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
Ordinance No.3847 Page 11 of 44
PART II-CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
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 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 will 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 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.
Ordinance No.3847 Page 12 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
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 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 plats may be submitted on specific dates established by the Planning
Division.An application for a 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 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 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.
(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 plat within fifteen (15) calendar days of the
response in accordance with Texas Local Government Code,Section 212.0095.
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:
(1) All conditions of approval have been met;
(2) All required public improvements have been completed and accepted by the City,as applicable;
Ordinance No.3847 Page 13 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
(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 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 same 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) Plat application. A completed application form provided by the Planning Division and signed by the
owner or the owner's authorized agent.
(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).
Ordinance No.3847 Page 14 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
(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).
(1) Scope of approval. Upon approval of the preliminary plat, the plat will be filed in City records.
Preliminary plats are not recorded with the County.
(2) Expiration of approval. The approval of a preliminary plat is valid for two years from the date of
approval, 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 original date of preliminary plat approval will be
considered null and void.
(3) 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,
(d) Proposes reasonable project phasing in terms of adequate infrastructure capacity.
Ordinance No.3847 Page 15 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
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) 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).
Ordinance No.3847 Page 16 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
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.
(c) Conveyance plat.The owner may elect to submit a minor plat for the purpose of a conveyance plat.A
conveyance plat is intended to provide a mechanism for land to be divided into lots when the
subdivision of the land is for conveyance (sale or inheritance) purposes only without requiring
construction or design of public improvements or collection of development fees. Easements,
dedications,and reservations may be recorded on a conveyance plat.
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) 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.
Ordinance No.3847 Page 17 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
(c) The Director may, for any reason, elect to present the plat for approval to the Planning and Zoning
Commission.
(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 VII. 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) 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 written
Ordinance No.3847 Page 18 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
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) 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.
(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
Ordinance No.3847 Page 19 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
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 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) 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.
(c) Date.The date on which the drawing was prepared must be shown on the plat drawing.
(d) 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.
(e) 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
consecutively through the several sections or phases. Lettering for blocks must be larger and bolder
than lot numbers or circled to make identification clear.
(f) 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.
(g) North arrow.A north arrow indicating the approximate true north must be predominantly placed near
the scale.
(h) 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.
Ordinance No.3847 Page 20 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
(i) 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.
(j) 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.
(k) 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.
(I) 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.
(m) 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 Public Works 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.
(n) 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.
(o) 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.
(p) 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.
(q) 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.
(r) 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.
(s) 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.
Ordinance No.3847 Page 21 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
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.
(b) Floodplain features. The location of the 1% Chance or 100-year flood limits, if applicable, 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 must comply with the flood damage prevention article of
the Code of Ordinances.Finished floor elevations must be shown for all lots adjacent to the floodplain,
drainage easements,or other locations as determined by the City Engineer.
(c) Global positioning system (GPS) horizontal control survey. A minimum of two corners of the
subdivision must include the NAD83 Texas State Plane Coordinates or future coordinate systems
adopted by the State of Texas.The coordinates must be determined by a survey tied to the city's GPS
monuments located within the city.
Ordinance No.3847 Page 22 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
(d) 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.
(e) 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.
(f) Irregular side lot lines. Side lot lines that are not perpendicular to the street right-of-way must be
labeled with bearing and distance.
(g) 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.
(h) 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.
(i) 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.
(j) County certification. Any certification block required by the county clerk's office for filing must be
shown on the plat drawing.
(k) 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 X. 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).
Ordinance No.3847 Page 23 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
Sec. 110-232. Generally.
Every 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-de-sac
Ordinance No.3847 Page 24 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
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.
(I) 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.Any plat proposing a flag lot configuration is subject to approval by the Planning and Zoning
Commission.The plat is subject to additional approval by the City Council.Due to their unconventional
design,flag lot configurations may be appropriate if:
(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.
The Planning and Zoning Commission and City Council may approve a plat with a flag lot configuration
if the lot meets the following standards. An applicant may request a waiver, modification, or
exception from these standards,as provided in Section 110-42.
(1) The proposed lot configuration must not circumvent the normal platting of streets or public
and emergency access.
(2) The proposed lot configuration must not prevent the extensions of streets to adjacent
unsubdivided property.
(3) The width of the narrow or elongated part of the lot must be at least fifty(50) feet wide at
its frontage connection with the adjacent public street.
(4) The narrow or elongated part must be at least fifty (50) feet wide 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.
Ordinance No.3847 Page 25 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
(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 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.A two and one-half foot(2.5)screening wall easement must be provided on
the plat drawing in locations where masonry screening walls will be constructed, as required by
Section 110-261.
(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
Ordinance No.3847 Page 26 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
be added to the plat acknowledging maintenance responsibility. When the easement is created by a
separate instrument, the maintenance responsibility must be acknowledged within the separate
instrument.
Secs. 110-233-110-250. Reserved.
ARTICLE XI. 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,
subject to the standards contained in Article XII Adequacy of Public Facilities; Proportionality.
(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 Design
Ordinance No.3847 Page 27 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
Manual. All water system improvements must conform to the City's current water distribution system capital
improvements plan.
Sec. 110-253. 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. 110-254. 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 or sewer lines that are not part of the
proposed improvements contained in the capital improvements plan.
Sec. 110-255. 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. 110-256. 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.
Ordinance No.3847 Page 28 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
(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 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.
Ordinance No.3847 Page 29 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
(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. 110-257. Street right-of-way dedication.
Each 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. 110-258. 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. 110-259. 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
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.
Ordinance No.3847 Page 30 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
(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. 110-260. 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. 110-261. Masonry screening wall requirements (semipublic improvement).
The developer must construct, at their own expense, masonry screening walls on the perimeter of the
development.The wall location and design must conform to the following.
(a) Residential subdivisions. In a new residential subdivision or resubdivision, a masonry screening wall
must be constructed along the rear or side lot lines of any lot adjacent to a Major Arterial, Minor
Arterial,C4U Major Collector, or C2U Major Collector roadway,as shown on the Transportation Plan.
(b) Nonresidential subdivisions. In a new nonresidential subdivision, a masonry screening wall must be
constructed along the rear lot lines of any lot adjacent to a Major Arterial, Minor Arterial, or C4U
Major Collector roadway, as shown on the Transportation Plan.
(c) Other roadways. In a new residential subdivision or resubdivision that includes five(5)or more lots,a
masonry screening wall must be constructed along the rear or side lot lines of any lot adjacent to a
perimeter street that exists at the time of platting,regardless of the classification of the existing street
on the Transportation Plan.
(d) Design criteria.The masonry or concrete screening wall must be at least six(6)feet in height.The 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.
(e) Other walls. Any masonry screening wall constructed within the city which is not required by
subsection (a), subsection (b), or subsection (c) of this section must be constructed in a manner
consistent with the standards and specifications contained in the Public Works Design Manual.
Ordinance No.3847 Page 31 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
Sec. 110-262. 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. 110-263. Off-site drainage.
In respect to off-site drainage,the following provisions apply:
(a) The developer is 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. 110-264. 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. 110-265. 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. 110-266.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.
Ordinance No.3847 Page 32 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
Sec. 110-267. 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. 110-268. 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. 110-269. 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. 110-270. 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. 110-271. 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 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. 110-272. Installation of permanent field monuments
(a) Generally. Permanent field monuments must be set in the subdivision as required herein as directed
by a registered professional land surveyor.All monuments must be set at sufficient depth to retain a
stable and distinctive location,be of sufficient size to withstand the deteriorating forces of nature and
be of such material that in the land surveyor's judgment will best achieve this purpose.
(b) Subdivision boundaries.The external boundaries of a subdivision must be documented in the field by
permanent monuments.These monuments must be placed at all corners of the subdivision boundary,
Ordinance No.3847 Page 33 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
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.
(d) Lot corners. Permanent monuments must be placed at the corners of all lots.
Secs. 110-273-110-300. Reserved.
ARTICLE XII. ADEQUACY OF PUBLIC FACILITIES; PROPORTIONALITY
Sec. 110-301. Purpose and policy.
(a) This article is adopted pursuant to the provisions of Section 212.904,Texas Local Government Code.
This article implements a policy of the City 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
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
Ordinance No.3847 Page 34 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
resources throughout the city and its extraterritorial jurisdiction 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
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 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.
Ordinance No.3847 Page 35 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
(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.
(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
Ordinance No.3847 Page 36 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
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 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;
(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
Ordinance No.3847 Page 37 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
(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 appeals.
(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 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.
Ordinance No.3847 Page 38 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
(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.
Sec. 110-311. City Council decision.
(a) The City Council must decide on 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
Ordinance No.3847 Page 39 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
(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.
(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.
Ordinance No.3847 Page 40 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
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. 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;
(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.
Ordinance No.3847 Page 41 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
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 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.
(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;
Ordinance No.3847 Page 42 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
(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) The 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.
Ordinance No.3847 Page 43 of 44
PART II CODE OF ORDINANCES EXHIBIT "A" ORDINANCE 3847
Chapter 110 SUBDIVISIONS
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.
Ordinance No.3847 Page 44 of 44
The Beaufort Gazette Durham I The Herald-Sun The Modesto Bee
The Belleville News-Democrat Fort Worth Star-Telegram The Sun News-Myrtle Beach
Bellingham Herald The Fresno Bee Raleigh News&Observer
McClatchyCentre Daily Times The K and Packet
tonHerald Rock H l I The Herald
Sim Herald The Kansas City Star The Sacramento Bee
Idaho Statesman Lexington Herald-Leader San Luis Obispo Tnlnme
Bradenton Herald The Telegraph-Macon Tacoma I The News Tribune
The Charlotte Observer Merced Sun-Star Tri-City Herald
The State Miami Herald The Wichita Eagle
Ledger-Enquirer El Nuevo Herald The Olympian
AFFIDAVIT OF PUBLICATION
Account# Order Number Identification Order PO Amount Cols Depth
19363 545505 Print Legal Ad-IPL01702550-IPL0170255 Diana Boone $59.60 1 64 L
Attention: Alicia Richardson THE STATE OF TEXAS
CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT
PO BOX 820609 Before me,a Notary Public in and for said County
NORTH RICHLAND HILLS,TX 761820609 and State,this day personally appeared Mary
Castro,Bid and Legal Coordinator for the Star-
treasury@nrhtx.com Telegram,published by the Star-Telegram,Inc.at
Fort Worth,in Tarrant County,Texas;and who,
CITY OF after being dulydid deposeandthat
NORTH RICHLAND HILLS sworn, say
ORDINANCE NO.3847 the attached clipping of an advertisement was
AN NORTH RICCE HLAND OF THE
S,Crows published in the above named paper on the listed
AMENDING IN ITS ENTIRETY CHAP- dates:
TER 110 (SUBDIVISIONS) OF THE
CODE OF ORDINANCES OF THE
CRY OF NORTH RICHLAND HILLS,
THROUGH THE REPLACEMENT 1 insertion(s)published on:
BY THE ADOPTION OF A REVISED
CHAPTER 110(SUBDIVISIONS)CON- 04/26/24
SISTING OF ARTICLE I ENTITLED IN
GENERAL"; ARTICLE II ENTITLED
"ADMINISTRATION";ARTICLE III ENTI-
TLED"PLATS";ARTICLE IV ENTITLED
"PRELIMINARY PLAT': ARTICLE V
ENTITLED"FINAL FLAT";ARTICLE VI
ENTITLED "MINOR PLAT"; ARTICLE
VII ENTITLED"REPLAT";ARTICLE VIII
ENTITLE"AMENDING PLAT";ARTICLE
IX ENTITLED "TECHNICAL SPECI-
FICATIONS FOR PLAT DRAWINGS";
ARTICLE X ENTITLED "DESIGN CRI-
TERIA";ARTICTLE XI ENTITLED"RE-
QUIRED IMPROVEMENTS"; ARTICLE
XII ENTITLED"ADEQUACY OF FUS-
UC FACILmES;PROPORTIONALITY";
ANDE ARTICLE IN LED PACT
ORDI- ( / _ O _
FEES";PROVIDING THAT THIS ORDI- E¢��,Ir"
NANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; FROVIDING FOR
SEVERABILRY; ESTABUSHING A
PENALTY;PROVIDING FOR SAVINGS;
PROVIDING FOR PUBLICATION;AND
PROVIDING AN rn-t-bCTME DATE.
Any person,firm or corporation violet- Sworn to and subscribed before me this 24th day of
Mg any provision of the Subdivision Mayin the year of 2024
Regulations of the City of North Rich-
land Hills as amended hereby shall be
deemed guilty of a misdemeanor and
upon final conviction thereof fined In
an amount not to exceed Five Hun-
dred ($500.00).Each day any such
violation shall be allowed to continue
shall constitute a separate violation
and punishable hereunder
PASSED AND APPROVED on this
22nd day of April,2024. t
CITY OF NORTH RICHLAND HILLS ��IHair
By:/s/Oscar Trevino
Oscar Trevino,Mayor
ATTEST: Notary Public in and for the state of Texas,residing in
/s/Alicia Richardson Dallas County
Alicia Richardson
City Secretary/Chief Governance Of- �„ - ,
fiver .,-Z,rY"�w'..- STEPHANIE HATCHER
AS TO FORM AND LE-
GALRY: :*_ ,,L •%*= MyNotaryID#13353 406
/s/Cara Leahy White � 1 ' ,-"l,
Cara Leahy White,Interim City Attor- .,T,{•'%reExpires January 14,2026
ney ',,..,..n
IPL0170255 - 1 -
Apr 26 2024 Extra charge for lost orduplicate affidavits.
Legal document please do not destroy!