CHAPTER 154: SUBDIVISION REGULATIONS
Section
General Provisions
154.01 Division of land to be under supervision of city
154.02 Withholding improvements
154.03 Scheduling and consideration
154.04 Date of filing of plat
General Procedures
154.15 Procedures for subdivision
154.16 Annexation
154.17 Zoning
154.18 General requirements
154.19 Easement standards
154.20 Fees
154.21 Drainage study required
154.22 Land study
154.23 Enforcement
Plat
154.35 Preliminary plat
154.36 Engineering plans
154.37 Final plat and plans
154.38 Submittals required for construction
154.39 Subdivision construction
154.40 Acceptance of subdivision
154.41 As-built plans
154.42 Issuance of building permits
154.43 Filing of plat
154.99 Penalty
§ 154.01 DIVISION OF LAND TO BE UNDER SUPERVISION OF CITY.
(A) All land within the jurisdiction and the extraterritorial jurisdiction of the city, not heretofore subdivided according to the laws, rules and regulations of the City of Glen Rose and the State of Texas into lots, blocks and streets, shall hereafter be laid out under the direction of the City Council and City Planning and Zoning Committee, and no other subdivisions will be recognized or provided services by the city.
(B) The subdivider should avail himself or herself of the advice and assistance of the City Planning and Zoning Committee and consult early and informally with the Code Enforcement Officer before the preparation of the preliminary plat and before formal application, in order to save time and expedite the planning work necessary.
(Prior Code, Ch. 8) (Ord. 171 Rev., passed 5-25-2004)
§ 154.02 WITHHOLDING IMPROVEMENTS.
It shall be the policy of the city to withhold all city improvements, including the maintenance of streets and the furnishing of municipal utilities including sewage and water from all additions, the platting of which has not been officially approved by the City Council. No officer or employee of the city shall do or cause to be done any work upon any street or in any addition or subdivision of the city unless all requirements of these regulations have been complied with by the owner of the addition or subdivision. No improvements shall be initiated nor contracts executed until the approval of the City Council has been given.
(Prior Code, Ch. 8) (Ord. 171 Rev., passed 5-25-2004)
§ 154.03 SCHEDULING AND CONSIDERATION.
(A) The appropriate fees and number of copies of the development plan shall be submitted to the Code Enforcement Officer, who shall note the date that it is received. The development plan shall not be considered by any committee of the city until the Code Enforcement Officer has determined it to be administratively complete. The Code Enforcement Officer shall make his or her determination within 10 days after the development plan is received and shall promptly notify the applicant of his or her decision.
(B) If the development plan is found not to be administratively complete, the Code Enforcement Officer shall inform the applicant, in writing, of the specific information or corrective action needed to render it administratively complete. The applicant may, within 10 days after the determination is issued, resubmit the plan for further review and determination, or request that consideration of the plan be scheduled for consideration on the next available Planning and Zoning Committee agenda. A plan placed on the Planning and Zoning Committee agenda that has been determined not to be administratively complete will carry with it a recommendation of denial from the city staff. If the applicant does not resubmit the plan or request consideration by the Planning and Zoning Committee within the required 10-day period, the development plan will be considered to be withdrawn.
(C) If the development plan is determined to be administratively complete, it shall be scheduled for consideration on the next available Planning and Zoning Committee agenda, as determined by the date of acceptance for review and the calendar scheduled maintained by the Code Enforcement Officer.
(Prior Code, Ch. 8) (Ord. 171 Rev., passed 5-25-2004)
§ 154.04 DATE OF FILING OF PLAT.
In accordance with Tex. Loc. Gov’t. Code § 212.009(b), a plat shall be considered to be filed with the city on the date of its first review by the Planning and Zoning Committee. The City Council must review and act upon the plat within 30 days after the date of filing. If no other action is taken within that period, the plat will be considered to be approved by the City Council.
(Prior Code, Ch. 8) (Ord. 171 Rev., passed 5-25-2004)
§ 154.05 DEFINITIONS; INTERPRETATION.
(A) Words used in the present tense include the future; words in the singular number include the plural; and words in the plural number include the singular; the word “shall” or the word “must” is mandatory and not discretionary; the term “used for” includes the meaning “designed for” or “intended for;” the word “lot” includes the word “plot.”
(B) Terms not herein defined shall have the meaning assigned to them as it appears in the building codes of the city. Terms not defined herein or in the building codes shall have the customary meaning assigned to them.
(C) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUTS. To be separated by common property lines, lot lines or an alley; adjacent, adjoining, contiguous or touching.
ADDITION. See definition of subdivision.
ALLEY. A public way which affords only secondary means of access to property abutting thereon.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year, determined based upon FEMA (Federal Emergency Management Agency) guidelines and as shown in the current effective Flood Insurance Study.
BLOCK. An area within the city enclosed by streets and occupied by or intended for buildings.
BUILDER. The person or party responsible for the construction of buildings and other structures or permanent improvements on a platted lot or building site, as defined by the Building Official. The BUILDER shall also be defined as the developer if responsible for platting or replatting of property and development of property, as herein defined.
BUILDING. Any structure for the support, shelter and enclosure of persons or movable property of any kind (see definition of structure).
BUILDING LINE. A line designated on an approved subdivision plat which is parallel or approximately parallel to a street, beyond which buildings may not be erected.
CENTERLINE, STREET. A point equidistant from opposite right-of-way lines of a street, roadway, thoroughfare or alley.
CITY. The City of Glen Rose.
CITY COUNCIL. The governing or legislative authority of the City of Glen Rose.
CODE ENFORCEMENT OFFICER. The individual, or his or her designee, with responsibility to review and approve construction plans for development projects on behalf of the city.
CONTIGUITY. Contiguous; where the reimbursable improvements are within the boundaries, or abutting the perimeter, of a developed subdivision.
CUL-DE-SAC. A local street with only 1 primary outlet and having a terminal of sufficient width for the reversal of traffic movement.
DEAD-END STREET. A street having right-of-way or pavement which terminates abruptly at 1 end without intersection with another street, but has no terminal of sufficient width for the reversal of traffic movement.
DEDICATION. An act transmitting property or interest to the city or other entity.
DESIGN REVIEW COMMITTEE. Representatives from the city, the utility companies, the City Engineer (if applicable) and the developer, who determine the viability of a new subdivision.
DEVELOPER. The owner of the property being platted or replatted or the person designated by the owner as being responsible for the development of the property. The terms SUBDIVIDER and DEVELOPER are synonymous and used interchangeably, and shall include any person, partnership, firm, association, corporation and any officer, agent, employee, servant and trustee thereof who does or participates in the doing of any act toward the subdivision of land within the intent, scope and purview of this chapter. The DEVELOPER shall also be defined as the builder if he or she is responsible for the construction of buildings and other structures or permanent improvements.
DEVELOPMENT. Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, paving, drainage or utility improvements.
DRAINAGEWAY. All areas with an elevation lower than a ground elevation, defined as being the highest elevation of the following:
(a) One foot above the base flood, calculated in accordance with criteria set forth by the City of Glen Rose;
(b) One foot above the elevation required for peak discharge for the 100-year design flood, Alternate C, of the Flood Insurance Study, U.S. Department of Housing and Urban Development, Federal Insurance Agency; or
(c) The top of the high bank.
DWELLING UNIT. A single unit providing complete, independent living facilities for a family, and including a residential kitchen, bathroom, and provisions for living, sleeping and sanitation.
EASEMENT. A grant of 1 or more of the property rights by the property owner to and for the use or benefit by the public, a corporation, or other person or entity. An EASEMENT shall be identified on a subdivision plat, or by a separate instrument and filed for record with the appropriate county clerk, and cannot be varied or altered by action of the Board of Adjustment.
ENGINEERING PLANS. A group of drawings and specifications, including paving, water, wastewater, or other required plans, submitted to the Code Enforcement Officer for review in conjunction with a subdivision plat or development.
FEDERAL EMERGENCY MANAGEMENT AGENCY. The federal agency which administers the National Flood Insurance Program.
FINAL ACCEPTANCE. Acceptance by the city of all capital improvements constructed by a developer in connection with the development of land.
FLOODPLAIN. Any land area susceptible to being inundated by water from the base flood.
FLOODWAY. A drainage area designated on a plat to accommodate the design flood for existing creeks and open drainageways.
FLOODWAY EASEMENT. A drainage area dedicated to the city for control and maintenance of a floodplain.
FRONTAGE. All of the property measured along the property line abutting on 1 side of the street upon which the property is addressed.
GREENBELT. A linear park, generally in or near a floodplain.
HOMEOWNERS’ ASSOCIATION. An organization to maintain or improve a given tract of real property and improvements on that property.
INFRASTRUCTURE. All streets, alleys, sidewalks, storm drainage facilities, water and wastewater facilities, utilities, lighting, transportation and other facilities as required by the city.
LOT. Land occupied or to be occupied by a building and its accessory building(s), and including such open spaces as are required under this chapter, and having its principal frontage upon a public street, and designated on a subdivision plat filed with the appropriate county clerk.
LOT AREA. The net area of the lot, exclusive of any portion of streets, alleys or rights-of-way.
LOT, CORNER. A lot or parcel of land abutting 2 or more streets at their intersection, or abutting 2 parts of the same street which form an interior angle of less than 135 degrees.
LOT, DOUBLE OR REVERSE FRONTAGE. A lot having frontage on 2 nonintersecting streets, as distinguished from a corner lot.
LOT LINES. Lines defining the legal boundaries of a lot.
LOT OF RECORD. A lot which is created by an approved subdivision, the plat of which has been duly recorded in the office of the appropriate county clerk.
METES AND BOUNDS. A system of describing and identifying land by measures (metes) and direction (bounds) from an identifiable point of reference such as a monument or other marker, the corner of intersecting streets, or in a rural area, a tree or other permanent fixture.
MONUMENT. A permanent structure set on a line to define the location of property lines, important horizontal subdivision control points and other important features on a plat.
NATURAL FLOODWAY. The effective area of the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the design flood without cumulatively increasing the water surface elevation. This floodway differs from the FEMA regulatory floodway.
OWNER. The fee simple owner(s) of property being platted or their representative(s) when authorized by a power of attorney, corporate resolution or other appropriate document.
PARCEL. See definition of tract.
PLAT. A map of a subdivision that represents a tract of land, showing the boundaries and location of individual properties, streets, easements and other pertinent information.
(a) PLAT, AMENDING. A plat making minor corrections to a previously approved plat in accordance with state law provisions applicable to amending plats.
(b) PLAT, FINAL. A plat that is filed with the appropriate county clerk after final approval by the Planning and Zoning Committee to create a lot of record.
(c) PLAT, PRELIMINARY. A plat of 5 or more lots that is not filed with the county clerk but which is reviewed for general design principles.
REPLAT. A plat to alter lot lines or alter other aspects of a recorded plat.
RESIDENTIAL DEVELOPMENT. The construction of 1 or more dwelling units.
RIGHT-OF-WAY LINE. A dividing line between a lot, tract or parcel of land and the public right-of-way.
SCREENING WALL. A wall, not less than 6 feet in height measured at the highest finished grade.
SIDEWALK. A paved travelway intended for pedestrian use.
SINGLE-FAMILY LOT. A lot in a single-family zoning district, or a lot in an identifiable single-family component of a planned development district.
STREET. Any public thoroughfare dedicated to the public and not designated as an alley.
STREET EASEMENT. An authorization by the property owner in perpetuity for the public use of a portion of his or her property for the placement thereon of a street, sidewalk and the like, whereby the property owner retains title to the property upon which the easement is established. Public use of the easement shall also be extended to the construction and placement of sidewalks, street signs, signals and markings; utilities, both above- and below-ground; and other facilities as are customarily located within typical street rights-of-way.
STREET RIGHT-OF-WAY. A street, including its pavement and all the publicly owned property adjacent to it, dedicated for street purposes.
STRUCTURE. Anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground; including but not limited to buildings, communications towers, signs and swimming pools, and excluding utility poles, parking lots, fences and retaining walls (see definition of building).
SUBDIVISION. The division of a parcel of land into 2 or more lots or tracts, or the creation from that parcel 1 or more lots of record, subsequent to April 2, 1962, for the purpose of transfer of ownership, dedication of streets, alleys or easements, for use for building development, or for the assimilation of separate, contiguous tracts into 1 or more tracts under common ownership. A division of land for agricultural purposes into tracts of 5 acres or more, and not involving the construction of a new street or alley shall not be deemed a SUBDIVISION. This definition includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.
SUBDIVISION, DEVELOPED. Property for which a final plat has been filed for record in the county in which the property is located, and all public improvements required by the city have been installed by the developer and accepted by the city.
TEMPORARY. Used or lasting for only a limited period of time; not a permanent structure or use. For TEMPORARY on-site construction offices, administrative offices and batching plants, temporary shall mean the period of time limited to the actual on-site construction of the structure, facility or subdivision, as the case may be. For all other uses, TEMPORARY shall mean a period of time not to exceed 90 calendar days from the date of commencement of the use.
THOROUGHFARE. See definition of street.
TRACT. All contiguous property in common ownership.
UTILITIES. An agency under public franchise or ownership which provides a regulated service to the public, such as electric, gas or communication services.
VACATION. The legal process by which platted land may be unplatted.
VARIANCE. Modification of the provisions of these regulations, as applied to a specific piece of property.
WAIVER. Relief from the provisions of these regulations, as applied to a specific piece of property.
WASTEWATER FACILITIES. An underground piping system that conveys wastewater from a lot or subdivision, and includes pipe, manholes and associated appurtenances.
WATER FACILITIES. An underground piping system that provides water to a lot or subdivision, and includes pipe, valves and associated appurtenances.
ZONING ORDINANCE. The zoning ordinance of the City of Glen Rose, including all duly adopted amendments thereto.
(Prior Code, Ch. 8) (Ord. 171 Rev., passed 5-25-2004)
§ 154.15 PROCEDURES FOR SUBDIVISION.
(A) In order to allow orderly processing of proposed subdivisions, the procedures discussed in the following sections shall be used.
Subdivision Regulations 89
(B) In general, the steps necessary for subdivision include:
(1) Annexation by the City Council, if appropriate;
(2) Meeting of Design Review Committee to determine viability of proposed subdivision;
(3) Zoning as recommended by the Planning and Zoning Committee, and approved by the City Council;
(4) Acceptance of a land study as recommended by the Planning and Zoning Committee, and approved by the City Council;
(5) Acceptance of preliminary plat and engineering plans as recommended by the Planning and Zoning Committee and approved by the City Council;
(6) Preliminary approval of the final plat and plans by the Code Enforcement Officer;
(7) Acceptance of the final plat and plans as recommended by the Planning and Zoning Committee and approved by the City Council;
(8) Completion of construction and acceptance of the improvements by the city; and
(9) Filing of approved plat with the Somervell County Clerk and recording of all executed easements, dedications and other documents required to be filed of record.
(C) Those areas to be subdivided which lie outside of the corporate limits of the City of Glen Rose but are being submitted for review and approval to satisfy the requirements of extraterritorial jurisdiction, shall conform to all provisions of this chapter as though they were within the corporate limits of the city.
(Prior Code, Ch. 8) (Ord. 171 Rev., passed 5-25-2004)
§ 154.16 ANNEXATION.
If the property is not within the corporate city limits of the City of Glen Rose and the owner desires to receive city services, when available, and be afforded zoning protection, the owner must petition the city for annexation through lawful annexation proceedings.
(Prior Code, Ch. 8) (Ord. 171 Rev., passed 5-25-2004)
§ 154.17 ZONING.
If the property is not zoned as required for the proposed subdivision, permanent zoning shall be requested. Application for zoning includes completion of application forms, payment of required fees, and performance of other requirements of the zoning ordinance and the rules and regulations of the city, as the same may be, from time to time, passed or amended.
(Prior Code, Ch. 8) (Ord. 171 Rev., passed 5-25-2004)
§ 154.18 GENERAL REQUIREMENTS.
(A) Streets and alleys. In general, streets shall conform to the following standards:
(1) Streets shall be in line and consistent with existing streets in adjoining subdivisions;
(2) Streets shall be named so as to provide continuity with existing streets;
(3) Dead-end streets shall be avoided except where planned for future extension;
(4) Offset streets shall be avoided, in general, and in no case shall be less than 150 feet centerline to centerline;
(5) Blocks shall be platted to allow 2 tiers of lots;
(6) The subdivision shall be platted with appropriate regard for all topographical features lending themselves to treatment and layout of utilities;
(7) Blocks shall generally not exceed 1,200 feet length without an intersection street;
(8) No cul-de-sac shall be developed which exceeds 600 feet in length measured from the centerline of the street it intersects with to the center point of the cul-de-sac;
(9) In platting the subdivision, the developer shall provide additional right-of-way required for existing or future streets as shown in the master thoroughfare plan or other plan approved by the City Council;
(10) When land is subdivided or developed in areas adjacent to existing city streets or county roads that are not improved to city standards, the developer shall include the improvements of these streets in the overall development of the area. Should the City Council determine that it is not feasible to develop the street at the time of development of the area, the developer shall put his or her pro rata share for the improvements of the street in escrow until the time that improvement is deemed necessary by the City Council.
(11) Streets and alleys shall be platted and constructed in accordance with the master thoroughfare plan or other plans approved by the City Council, shall be of concrete or HMHL asphalt construction, and shall conform to the following general requirements and standard specifications:
(a) Thoroughfares shall generally be constructed as required in the master thoroughfare plan. The developer will be responsible for up to a 36-foot pavement width. Pavement shall be in conformance with city standard specifications. Any required width in excess of 36 feet will be reimbursed by the city at the developer’s contract price for the additional paving when city funds are available;
(b) Collector streets shall generally be constructed within 60-foot right-of-way and shall consist of 36-foot roadway, measured from back to back of curb. Pavement shall be in conformance with city standard specifications. The developer shall construct, at his or her own cost, the entire width of the roadway if it is located in the interior of the subdivision;
(c) Residential streets shall generally be constructed within a 50-foot right-of-way and shall consist of a 30-foot wide roadway measured from back to back of curb. Pavement shall be in conformance with city standard specifications. The developer shall construct the entire width of pavement;
(d) Alleys shall be constructed with a 15-foot right-of-way and shall be 10 feet in width. Alley turnouts shall be 12 feet wide to the property line, then narrowing to 10 feet. The pavement shall be in accordance with city standard specifications;
(e) Other street sections may be used if approved by the City Council;
(f) 1. Where the plasticity index of the natural soil is equal to or exceeds 15, lime stabilizations shall be required. A minimum of 6% by weight lime to a depth of 6 inches shall be required. Soil samples for determining the plasticity index of the natural soils shall be taken at locations specified by the Code Enforcement Officer, and shall be paid for by the owner. At the owner’s option and expense, a lime series test may be made by a qualified testing firm, and lime may then be applied at the optimum rate indicated by the test.
2. When a property subgrade cannot be constructed in soils having a low plasticity index, cement stabilization may be required when deemed necessary by the Code Enforcement Officer.
(g) All construction shall be in accordance with the standard specifications for street construction in the city; and
(h) 1. An option for a “flat” or “flush” curb will be considered if deemed more appropriate in certain applications. Recommendations for such will be accompanied by documentation from a registered professional engineer. Final approval will rest with the Code Enforcement Officer.
2. Specifications for flat or flush curb: Concrete curb to be at least 6 inches in width and 12 inches deep with reinforcement of 3/8-inch rebar.
(B) Storm sewers. An adequate storm sewer system, consisting of inlets, pipes and other underground drainage structures shall be constructed to conform with current drainage requirements and standard specifications of the city. The following policy shall govern the installation of all drainage facilities within the city:
(1) Residential subdivisions or additions.
(a) The developer shall pay the total cost of storm drainage systems.
(b) In those cases where the runoff cannot be handled by a pipe 84 inches in diameter or smaller, the developer shall dedicate at his or her own expense a right-of-way of sufficient width to permit excavation and maintenance of an open channel of satisfactory depth and width. The developer shall complete all necessary excavation on the channel and shall sod or seed the channel to prevent erosion. Where the velocity exceeds 8 feet per second, the channel shall be lined with reinforced concrete to prevent erosion.
(2) Commercial and industrial developments.
(a) The developer shall pay the total construction cost of storm drainage systems where a double 72-inch diameter pipe or smaller pipe will carry the runoff.
(b) In those cases where the runoff cannot be handled by a double 72-inch pipe or smaller, the developer shall dedicate, at his or her own expense, a right-of-way of sufficient width to permit excavation and maintenance of an open channel of satisfactory depth and width. Where the velocity exceeds 8 feet per second, the developer shall line the channel with reinforced concrete.
(3) Design storm frequency. The following table shows the design storm frequencies to be used in the design of drainage facilities:
|
Type of Facility |
Minimum Design Frequency |
|
Storm sewers (with inlets on grade) |
5 years* |
|
Storm sewers draining low point inlets |
25 years |
|
Culverts, bridges, channels, creeks |
50 years |
|
NOTE: *100-year storm shall be retained within the street right-of-way |
|
(4) Off-site drainage.
(a) The owner or developer of property to be developed shall be responsible for all storm drainage flowing on his or her property. This responsibility includes the drainage directed to that property by prior development as well as drainage naturally flowing through the property by reason of topography.
(b) Adequate consideration shall be given by the owner in the development of property to ensure that the discharge or retention of water leaving the proposed development will not negatively impact adjacent or nearby properties.
(c) On lots or tracts of 3 acres or more where stormwater runoff has been collected or concentrated, it shall not be permitted to drain onto adjacent property except in existing creeks, channels or storm sewers unless proper drainage easements or notarized letters of permission from the affected property owner are provided.
(d) 1. The subdivider shall pay for the cost of all drainage improvements required for the development of his or her subdivision, including any necessary off-site channels or storm sewers and acquisition of the required easements.
2. If the owner is unable to acquire the necessary off-site easements, he or she shall provide the city with documentation of his or her efforts, including evidence of a reasonable offer made to the affected property owner. Upon such a written request for assistance, the city may assist in acquiring needed easements or seeking other solutions. In either case, the cost of these easements shall be paid by the owner.
(e) Where it is anticipated that additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility, whether natural or manmade, and result in hazardous conditions, the Planning and Zoning Committee and the City Council may withhold approval of the subdivision until the appropriate provision has been made to accommodate the problem, and plans shall be provided which include all necessary off-site improvements including storm sewer systems, channel grading, driveway adjustments, culvert improvements and the like.
(C) Sanitary sewer. Sanitary sewer facilities shall be provided to adequately service the subdivision.
(1) Sewer pipe shall have a minimum internal diameter of 6 inches. Construction and materials shall conform to the standard specifications of the city and shall be vitrified clay tile, SDR-35, or PVC Schedule 60, or greater.
(2) Sewer services for each lot shall be carried to the property line at the center of the lot.
(3) Should the subdivision or addition abut and use a sewer main of the city, the developer shall pay to the city a pro rata charge as prescribed by the pro rata ordinance of the city for the use of the same.
(4) The developer shall construct all manholes, cleanouts and other appurtenances as required on the plans.
(5) Should a lift station, either temporary or permanent, be necessary to provide sanitary sewer service to the subdivision, the developer shall construct the station and all appurtenances at his or her own expense. If and when the lift station is no longer needed, the installation will remain the property of the city for disposal.
(D) Water. Water systems shall have a sufficient number of outlets and shall be of sufficient size to furnish adequate domestic water supply, and to furnish fire protection to all lots.
(1) Water pipe shall be a minimum of 6-inch nominal internal diameter. Construction and material shall conform to the standard specifications of the city and shall be PVC Schedule 60, PC 150, AWWA C-900, or greater.
(2) Water services for each lot shall be stubbed out with an angle stop to the location required as shown on the standard details. A meter box conforming to the requirements of the standard specifications shall be installed over the end of each service.
(3) Valves and fire hydrants shall be located to satisfy the requirements of the Public Works Department, and spacing shall be 500 feet in residential areas and 300 feet in commercial areas.
(4) Should the subdivision or addition abut and use a water main of the city, the developer shall pay to the city a pro rata charge as prescribed by the line extension policy of the city.
(E) Underground electric. Underground electrical service shall be constructed in accordance with city specifications and costs shall be as follows:
(1) Developer to furnish at his or her expense all ditching, conduit (when used), fill material and transformer pads. Use of direct burial cable and conduit size for underground service shall be in compliance with the National Electrical Code.
(2) Developer to furnish all conductors, transformers, assembly, and inspection services.
(3) In areas where underground service is requested by the developer, above-ground transformers may be placed in street right-of-way in front of the lot or in an alley of 15 feet right-of-way width with 10 feet of pavement in accordance with city standard specifications.
(F) Other utilities. The developer shall furnish all easements and rights-of-way necessary for construction of electrical, gas and telephone service to the subdivision.
(Prior Code, Ch. 8) (Ord. 171 Rev., passed 5-25-2004)
§ 154.19 EASEMENT STANDARDS.
(A) Utility easements shall be provided within the proposed subdivision as may be necessary to assure the proper design, installation and maintenance of either underground or aerial utilities. Easement widths shall be determined by the type of utility; however, an easement shall not normally be required adjacent to a dedicated right-of-way.
(B) The minimum width for easements shall be as follows:
(1) Utility easements (along property lines) shall be 8 feet on each side of the property line;
(2) Drainage easements shall be the width of the drainage structure plus 5 feet on each side, rounding the total distance down to the nearest foot, or the width of the 50-year floodplain, whichever is greater; and
(3) Fire lane access easements shall be 24 feet.
(C) When the City Engineer finds that easements in areas adjoining proposed subdivisions are necessary to provide adequate passage of stormwater or to serve the subdivisions with utilities, the subdivider shall have the primary responsibility for obtaining the easements.
(D) When a proposed subdivision is traversed by a watercourse, drainageway, channel or stream or a proposed stormwater easement, the developer shall make the improvements required in this chapter and dedicate the required right-of-way or easements.
(E) Wherever land which is covered by a floodway designation under Chapter 152, Flood Damage Prevention, a stormwater easement shall be placed on the plat covering the floodway area and the easement shall allow for access, maintenance or alteration of the floodway area by the city. A statement shall be placed on the plat as follows: “Structures, including fences and fill material, are prohibited in the floodway.”
(Prior Code, Ch. 8) (Ord. 171 Rev., passed 5-25-2004)
§ 154.20 FEES.
(A) The following schedule of fees and charges shall be collected by the city when any map or plat is tendered to the Planning and Zoning Committee or the City Council, and each of the fees and charges provided for herein shall be paid in advance. No action of the Commission, or the Council, or any other board or agency shall be valid until the fee shall have been paid to the city.
(B) (1) Preliminary plats. Fee is $10.00 per plat, plus $1.00 per lot for the first 50 lots, $0.50 per lot for the next 50 lots, and $0.25 per lot for all over 100 lots.
(2) Final plats. Fee is $20.00 per plat, plus $0.50 per lot.
(3) Multiple dwelling areas. For approval of multiple dwelling areas not subdivided into lots, both preliminary and final plat shall carry a fee of $5.00 per acre per plat.
(C) These fees shall be charged on all plats, regardless of the action taken by the Commission or Council, whether the plat is approved or disapproved.
(Prior Code, Ch. 8) (Ord. 171 Rev., passed 5-25-2004)
§ 154.21 DRAINAGE STUDY REQUIRED.
(A) Preliminary plan and study.
(1) For any property involved in the platting process, the owner shall provide, at his or her expense, a preliminary drainage study of the area proposed for development.
(2) The preliminary drainage study shall be submitted concurrently with the submittal of a preliminary plat or plat revision.
(3) The studies shall be prepared by an engineer experienced in city drainage work. The studies shall include the date and seal and signature of the engineer responsible for the plan.
(4) The study shall include the following:
(a) Existing topography;
(b) Flow arrows for existing contours showing the undeveloped flow rates for the 25-year storm;
(c) Existing and proposed drainage facilities both on-site and on adjacent affected properties;
(d) Proposed contours with flow arrows showing the developed flow rates for the 25-year storm;
(e) The scale shall not be smaller than 1 inch equals 200 feet with contour intervals not greater than 5 feet unless a variation is specifically approved by the City Engineer or his or her authorized designee; and
(f) Sufficient design calculations showing preliminary sizes of drainage facilities and easements sizes and locations.
(B) Final engineering plans.
(1) The developer shall, at his or her sole expense, provide complete final engineering plans and specifications for the drainage facilities.
(2) The plans and specifications shall be prepared by an engineer, meeting the qualifications outlined in division (A)(3) above.
(3) The plans and specifications shall be submitted to the City Engineer for review and concurrence prior to any construction. If the plans show any alteration to a regulatory floodway which includes regrading or concrete lining, the developer’s engineer shall also submit a study of the hydraulics of the water channel. The study shall contain sufficient information so that the City Engineer can forward the study to FEMA for approval and map revision.
(4) The owner and his or her engineer shall be responsible for the accuracy of the information furnished in the design of the storm drainage facilities as it pertains to both the development in question and as the drainage facilities affect properties adjacent to the development. Concurrence in the design by the city shall not be construed to relieve the owner or his or her engineer of any responsibility referred to herein or impose any liability upon the city or its agents.
(C) Floodplain areas. All development shall conform to this section and the requirements of Chapter 152 of this code of ordinances.
(Prior Code, Ch. 8) (Ord. 171 Rev., passed 5-25-2004)
§ 154.22 LAND STUDY.
(A) In the development of a large area, either by sections or as 1 subdivision, the developer must submit a land study to the Code Enforcement Officer. Submittal shall include a letter of transmittal requesting review and payment of the required filing fee.
(B) The purpose of the land study is to allow the Planning and Zoning Committee and the City Council to review proposed major thoroughfares and collector street patterns, land use, and the property’s relationship to adjoining subdivisions or properties.
(C) The study shall be prepared as follows:
(1) The study shall be drawn to scale of 1 inch=200 feet or larger;
(2) The lower right-hand corner of the study shall contain a title block clearly showing the proposed name of the subdivision, the name and address of the subdivider and the engineer or surveyor responsible for the design or survey, the scale of the drawing, the date the drawing was prepared; and the location of the tract according to the abstract and survey records of Somervell County, Texas;
(3) The study shall clearly show the limits of the tract and scale distances. True north shall be clearly indicated and shall be to the top or left of the study;
(4) The study shall show the names of adjacent subdivisions and the name of record of owners of adjoining parcels of unsubdivided land;
(5) The study shall contain the existing zoning (if any) on adjoining land, the location, width, and names of all existing or platted streets or other public ways within or adjacent to the tract, existing permanent buildings, railroad rights-of-way, easements and topography with existing drainage channels or creeks, and other important features such as political subdivisions or corporate limits and school district boundaries; and
(6) The study shall show the layout and width of proposed thoroughfares and collector streets and shall show a general configuration of proposed residential streets.
(Prior Code, Ch. 8) (Ord. 171 Rev., passed 5-25-2004)
§ 154.23 ENFORCEMENT.
Enforcement of this chapter shall be the responsibility of the Code Enforcement Officer. The Code Enforcement Officer shall have the authority to issue citations for any violation of this chapter. If the person being cited is not present, the Code Enforcement Officer may send the citation to the alleged offender by registered or certified mail. It shall be unlawful for any person to interfere with the Code Enforcement Officer in the performance of duties.
(Prior Code, Ch. 8) (Ord. 171 Rev., passed 5-25-2004) Penalty, see § 154.99
§ 154.35 PRELIMINARY PLAT.
(A) The developer shall submit preliminary plat and plans of the subdivision to the Code Enforcement Officer. Submittal shall include a letter of transmittal requesting review and the required filing fees.
(B) The purpose of the submittal is to allow the Planning and Zoning Committee or the City Council to review overall platting of the tract, municipal utilities including sewage and water, and street patterns within the subdivision for conformance with the requirements of the city.
(C) The preliminary plat and plans shall be prepared as follows:
(1) The preliminary plat shall be drawn to a scale of 1 inch=100 feet or larger;
(2) It shall contain the name of the proposed subdivision, the name and address of the subdivider, and the engineer or surveyor responsible for the design of the survey, the tract designation, and other descriptions according to the abstract and survey records of Somervell County, Texas;
(3) It shall also contain a north point, scale and date;
(4) The boundary line of the tract, accurate in scale, shall be shown;
(5) It shall show the names of adjacent subdivisions or names of record of owners of adjoining parcels, the location, widths and names of all existing or platted streets, easements or other public ways within or adjacent to the tract, existing railroad rights-of-way, and other important features such as section lines, political subdivision or corporate limits and school district boundaries;
(6) It shall show all parcels of land intended to be dedicated for public use or reserved in the deeds for the use of all property owners in the proposed subdivision, together with the purpose or conditions of limitations of the reservation;
(7) It shall show the layout, names and width of proposed streets, alleys and easements;
(8) It shall show the layout, numbers and approximate dimensions of proposed lots and all building lines; and
(9) The location of proposed screening walls shall be clearly indicated as required in the zoning ordinance.
(Prior Code, Ch. 8) (Ord. 171 Rev., passed 5-25-2004)
§ 154.36 ENGINEERING PLANS.
(A) The engineering plans shall show contours of the tract in intervals of 2 feet or less, referred to sea level datum.
(B) The plans shall show existing sewers, water mains, culverts or other underground structures within the tract and immediately adjacent thereto with pipe sizes and locations indicated.
(C) The plans shall show proposed water, sanitary sewer and storm sewer pipe lines with sizes indicated and valves, fittings, manholes, inlets, culverts, bridges and other appurtenances or structures shown.
(D) The plans shall include a drainage study and shall show any stormwater retention basins as may be required.
(Prior Code, Ch. 8) (Ord. 171 Rev., passed 5-25-2004)
§ 154.37 FINAL PLAT AND PLANS.
(A) The developer or his or her engineer shall submit the final plat and any restrictions, if applicable, and complete construction plans to the Code Enforcement Officer for review. Submittal shall include payment of the required filing fees and a letter of transmittal requesting review of the final plat.
(B) The final plat shall contain the following:
(1) The boundary lines with accurate distances and bearings and exact location and width of all existing or recorded streets intersecting the boundary of the tract;
(2) True bearings and distances to the nearest established street lines or official monuments, which shall be accurately described on the plat; municipal, township, county or section lines accurately tied to the lines of the subdivision by distances and bearings;
(3) An accurate location of the subdivision with reference to the abstract and survey records of Somervell County, Texas;
(4) The exact layout, including:
(a) Street names;
(b) The length of all arcs, radii, internal angles, points of curvature, length and bearing of the tangents;
(c) All easements for rights-of-way provided for utilities and any limitations of the easements; and
(d) All lot numbers and lines with accurate dimensions in feet and hundredths of feet and with bearings and angles to street and alley lines.
(5) The accurate location, material and approximate size of all monuments;
(6) The accurate outline of all property which is offered for dedication for public use with the purpose indicated thereon, and of all property that may be reserved by deed covenant for the common use of the property owners in the subdivision;
(7) Setback building lines;
(8) Private restrictions;
(9) Proposed name of the subdivision;
(10) Name and address of the subdivider;
(11) North point, scale and date;
(12) Certification by a registered professional civil engineer or surveyor to the effect that the plat represents a survey made by him or her and that all the monuments shown thereon actually exist, and that their location, size and material description are correctly shown;
(13) A certificate of ownership and dedication of all streets, alleys, parks and playgrounds to public use forever, signed and acknowledged before a notary public by the owner and lienholder of the land, along with complete and accurate description of the land subdivided and the streets dedicated; and
(14) (a) Additional certificates to properly dedicate easements or rights-of-way as may be necessary. The construction plans shall be prepared by or under the supervision of a registered professional engineer in the State of Texas and shall bear his or her seal on each sheet.
(b) The plans shall contain all necessary information for construction of the project, including screening walls if required. All materials specified shall conform to the standard specifications of the city.
(c) Each sheet of the plans shall contain a title block including space for the notation of revisions. This space is to be completed with each revision to the plan sheet and shall clearly note the nature of the revision and the date the revision was made.
(d) After review of the plat and plans by the Code Enforcement Officer, the plat and plans shall be submitted to the Planning and Zoning Committee for recommendation and the City Council for their consideration. If approved by the City Council subject to changes, the engineer for the owner shall make all changes required. Each contractor shall maintain 1 set of the plans, stamped with city approval, on the project at all times during construction.
(Prior Code, Ch. 8) (Ord. 171 Rev., passed 5-25-2004)
§ 154.38 SUBMITTALS REQUIRED FOR CONSTRUCTION.
Prior to authorizing construction the Code Enforcement Officer shall be satisfied that the following conditions have been met:
(A) The final plat shall be completed to the requirements of the City Council at the time of approval.
(B) All required contract documents shall be completed and filed with the Code Enforcement Officer.
(C) All necessary easements or dedications not shown on the final plat must be completed, properly signed, and filed with the county clerk. The original of the filed documents, bearing the stamp of the county clerk, shall be returned to the Code Enforcement Officer.
(D) All contractors participating in the construction shall be presented with a set of approved plans bearing the stamp of approval of the Code Enforcement Officer. These plans shall remain on the job site at all times.
(E) If required by the Code Enforcement Officer, all parties participating in the construction shall meet for a preconstruction conference to discuss the project prior to beginning work.
(F) A complete list of the contractors, their representatives on the site, and telephone numbers where a responsible party may be reached at all times must be submitted to the Code Enforcement Officer.
(G) One mylar sepia of the utility plan sheet, scale 1 inch=100 feet, and 1 mylar sepia of the same, reduced to 1 inch=200 feet, shall be submitted to the Code Enforcement Officer, in addition to previous submittal of construction plans.
(H) Manufacturers’ drawings for all fabricated appurtenances or special construction items shall be submitted to the Code Enforcement Officer.
(Prior Code, Ch. 8) (Ord. 171 Rev., passed 5-25-2004)
§ 154.39 SUBDIVISION CONSTRUCTION.
Construction shall be inspected by the Code Enforcement Officer or his or her designee. Completion of construction to the approved plans and standard specifications of the city is the entire responsibility of the developer and the contractors. The responsibility of the Code Enforcement Officer is to assure conformance to the approved plans and specifications. Any change in design required during construction shall be made by the engineer whose seal and signature are shown on the plans and shall be inspected by the Code Enforcement Officer.
(Prior Code, Ch. 8) (Ord. 171 Rev., passed 5-25-2004)
§ 154.40 ACCEPTANCE OF SUBDIVISION.
(A) After completion of all items required in the plans and specifications, the contractor shall submit to the Code Enforcement Officer a bond or other acceptable financial instrument in the amount of 10% of the contract amount guaranteeing workmanship and materials for a period of 1 year from the date of official acceptance by the city. The Code Enforcement Officer shall verify that all items have been completed, including filing of the plat and all related easements and documents, as-built plans, payment of pro rata fees for municipal utilities, including sewage and water and the like. The Code Enforcement Officer or his or her designated agent shall conduct a final inspection of the project and, if all work is found to be acceptable, shall issue a letter of acceptance. Any items of exception noted in the acceptance letter shall be satisfied in a timely manner.
(B) Acceptance of the subdivision shall mean that title to all improvements is vested in the city. The developer and his or her contractors shall, however, be bound to the city for a period of 2 years to repair any defects in the improvements.
(Prior Code, Ch. 8) (Ord. 171 Rev., passed 5-25-2004)
§ 154.41 AS-BUILT PLANS.
The engineer for the developer shall submit to the Code Enforcement Officer a complete set of drawings of the paving, drainage, water and sewer improvements showing all changes made in the plans during construction and containing on each sheet an “As-Built” stamp bearing the signature of the engineer and date. In addition, 1 mylar sepia drawing of the utility plans sheets, containing the as-built information, shall be submitted.
(Prior Code, Ch. 8) (Ord. 171 Rev., passed 5-25-2004)
§ 154.42 ISSUANCE OF BUILDING PERMITS.
Building permits will not be issued until completion of all improvements within the subdivision and acceptance by the city. The Code Enforcement Officer shall have the authority, after assuring that all utilities are in place and completed and that all paving contracts have been awarded in conformance with approved final plans on file with the city may, after reviewing the progress of the construction and other relevant matters, release portions of the subdivision for building permits.
(Prior Code, Ch. 8) (Ord. 171 Rev., passed 5-25-2004)
§ 154.43 FILING OF PLAT.
After approval of the final plat by the Planning and Zoning Committee and the City Council and correction of the plat as required by those bodies and the Code Enforcement Officer, the developer or his or her engineer shall submit to the Code Enforcement Officer the required number of copies for filing with the County Clerk. These copies shall bear all signatures but those of the city officials. After signature by the city officials, the developer shall complete the filing process and return the required number of filed copies to the Code Enforcement Officer, who shall present them to the City Secretary. The copies shall show the volume and page of the map and plat records (or deed records) into which the plat was filed by the county clerk.
(Prior Code, Ch. 8) (Ord. 171 Rev., passed 5-25-2004)
§ 154.99 PENALTY.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with the provisions of this chapter shall be fined not more than $500 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(Prior Code, Ch. 8) (Ord. 171 Rev., passed 5-25-2004)
Note: Every effort is made to insure the information provided on these pages is timely and correct. However, users should keep in mind that this is provided only as a public convenience. In any case where legal reliance on information is required, the official records of the City of Glen Rose should be consulted. City Hall's phone number is (254) 897-2272.
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