0160ORD I NANCE NO. I bO
AMENDED
AN ORDINANCE REGULATING THE DEVELOPMENT OF SUBDIVISIONS
WITHIN THE CITY; DEFINING THE TERMS; SETTING FORTH THE
STANDARD PROCEDURE OF PLANS AND PLATS; SETTING FORTH
THE SHORT FORIvl PROCEDURE; SPECIFYING LAYOUT REQUIRE-
MENTS; PROVIDING FOR A PENALTY; OUTLINING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, It is essential end necessary for the orderly and proper
development of property within the City; and
WHEREAS, the Planning and Zoning Commission and other appointed
individuals have conducted an extensive study of future planning for
subdivisions wlthln the City; and
WHEREAS, the following rules, regulations and procedures are deter-
mined by the City Council as absolutely essential and necessary to promote
the public health~ welfare, and morals~ and Insure the orderly development
growth In the City of Southlake, Texas:
SUBDIVISION RULES AND REGULATIONS
FOR
THE CITY OF SOUTHLAKE
ARTICLE I - IN GENERAL
I.I DEFINITIONS: The following words and phrases when used in this ordi-
nance shall for the purpose of this ordinance have the meanings respec-
tively ascribed to them in this section, unless a different meaning is
plainly required by the context:
BUILDING LINE - Building line means a line beyond which buildings
must be set back from the street line.
COLLECTOR STREET - Collector street means a street collecting traffic
from other streets and serving as the most direct route to a thorough-
fare.
COMMISSION - Commission means the Planning Commission of the City.
LOCAL STREET - Local street means a street which is intended primarily
to serve traffic within a neighborhood or limited residential district
and which is not necessarily continuous through several residential
districts.
MASTER PLAN - Master Plan means the Comprehensive Plan of the City.
PLAT - Plat means the map, drawing, or chart on which is presented a
subdlvider's plan of a subdivision, which he submits for approval and
a copy of which he intends to record in final form.
STREET WIDTH - Street width means the shortest horizontal distance
between the lines which delineate the right of way of a street°
SUBDIVISION - Subdivision means the division of any lot, tract, or
parcel of land into two or more lots or sites for the purpose of sale
or of building development, whether immediate or future. It also
includes resubdivision of land or lots. Division of land into parcels
of three or more acres each shall not be included in this definition
of subdivision, unless any such division of three or more acres includes
the planning or development of a new street or access easement.
THOROUGHFARE - Thoroughfare means a principal traffic artery, more or
less continuous across the City, which is intended to connect remote
par+s of the City or areas adjacent thereto and to act as a principal
connecting street with state and federal highways. This term shall
include each street designated as a thoroughfare on the Thoroughfare
Plan.
URBAN SUBDIVISION - Urban subdivision means a subdivision within the
clty limits and has a proposed lot density of 2.5 or more lots or tracts
per acre.
1.2 SCOPE:
(a) This ordinance shall be known as the "Subdivision Ordinance" of
the City.
(b)
No person shall create a subdivision of land within the corporate
limits of the City or within five miles thereof without complying
with the prov~slons of this ordinance. All ptats and subdivisions
of any such land shall conform to the rules and regulations set
forth in this ordinance.
1.3 RULES AND REGULATIONS OF COMMISSION: The Commission may adopt rules
of procedure to govern its actions. After public hearing thereon, the Com-
mlssion may adopt rules and regulations governing plats and subdivlslons.
Such rules shall be consistent with the provisions of this ordinance and
shall become effective upon being filed with the City Secretary.
1.4 APPEAL FROM COMMISSION ACTION: Any subdivider aggrieved by a finding
or action of the Commission which is lawfully subject to review by the City
Council shall appeal to the City Council within thirty days from the date
of such finding or action and not thereafter. Nothing in this section shall
prevent a right of review by a court of competent jurisdiction°
1.5 VARIANCES - WHEN PERMITTED: Where literal enforcement of a provision
of this ordinance will render subdivision of a tract of !and impractical
and will result in the confiscation of property, the Commission shall have
authority to grant a variance from such provision.
1.6 NEIGHBORHOOD UNITS: Where it is proposed to develop a mass-housing
project or similar neighborhood unit, the Commission may vary the specific
requirements of this ordinance if there is a building development planned
with adequate provisions for light and air, vehicular and pedestrian circu-
lation, and recreational facilities, equal to or better than the detailed
~equirements of this ordinance.
1.7 DEDICATION AND MAINTENANCE OF STREETS: Disapproval of a plat by the
Commission shall be deemed a refusal by the City to accept the offered
dedications shown thereon. Approval of a plat shall not be deemed an accep-
tance of the proposed dedications and shall not impose any duty upon the
City concerning the maintenance of or improvements of any such dedicated
parts until the proper authorities of the City have actually appropriated
the same by entry, use, or improvement.
It shall be unlawful for any officer or employee of the City to enter upon
or maintain the streets ~n an urban subdivision, and the City will not accept
or maintain such streets, unless and until such streets have been surfaced,
curbed and guttered, and the required utilities and drainage facilities
have been installed, and such improvements have been accepted by the City~
1.8 WHEN PUBLIC UTILITIES TO BE CONNECTED: Unless and until a plat of an
urban subdivision has been approved, and the subdivider has constructed the
streets, curbs, gutters, paving, utilities, and drainage facilities therein,
In the manner specified by the City, it shall be unlawful for any official
of the City to serve or connect any public utilities owned, controlled, or
dlstrlbuted by the City to any land, or any part thereof, covered by a plat,
or to the owners or purchasers of the land, or any part thereof. It shall
be deemed unlawful for any private utility company to connect any ufllity
without approval of the City.
1.9 ENFORCEMENT OF ORDINANCE: In addition to any other remedy provided by
law, the City and Its officers shall have the right to enjoin any violation
of this ordinance by injunction Issued by a court of competent jurisdiction.
ARTICLE II - PROCEDURE
DIVISION I. STANDARD PROCEDURE
2.10 COMPLIANCE WITH ARTICLE: Unless the land proposed to be subdivided
meets the requirements and conditions set out in paragraph 2.16 of this
ordinance, persons desiring to subdivide land shall comply with the provi-
sions of this article.
2.11 PRELIMINARY PLAN - GENERALLY: A preliminary plan of any proposed sub-
division shall be submitted to the Commission for approval. The preliminary
plan shall consist of a drawing on tracing paper drawn to a scale of one
hundred feet to one inch, and four (4) prints shall be filed with ~he Plan-
ning Commission at least two weeks before the meeting of the Commission and
shall show the following information:
(I)
The date, scale, and north point, a key plan showing location of
the tract, the title under which the plat is to be recorded, and
the name of the owner, engineer, surveyor, or planner.
(2)
The existing boundary lines and acreage of the land to be sub-
divided, and the property lines and names of owners of adjacent
properties.
(3)
The location of the center line of existing water courses, rail-
roads, and other similar drainage and transportation features, and
the location and sizes of existing streets, alleys, easements~
lots, and public areas on or adjoining any part of the lando
(4)
Topographical information approximately equivalent to five-foot
contour lines, such contour lines to be not more than one hundred
horizontal feet apart and based on City standard datum or UoSoG.S.
datum, which shall be specified on the plat.
(5)
The location, size, and flow line of ail existing drainage struc-
tures on the land being subdivided and on adjoining tracts. A pre-
liminary drainage study of the land to be subdivided shall be con-
ductedo The study shall include the area to be subdivided and the
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areas which drain into It. The method of calculation for runoff
in the drainage study shall be the basis of the Rational k~thod
with the following design criteria:
CIA equals Q in cubic feet per secondl
C = Runoff Coefficient
I = Use U. S. Weather Bureau Chart 1903-1948
A = Actual Area
(a) Minimum Gutter Time
Residential
Industrial
Commercial
- I0 Minutes
- I0 Minutes
- 5 Minutes
(b) Inlet Time
% Slope on Streets
Feet Per Second
0.4 I .4
I .0 2.2
2.0 3.1
3.0 3.8
4.0 4.3
5.0 4.9
6.0 5.3
8.0 6.1
I0.0 6.9
Gutter velocities using Mannlng's Formula with an "N"
of 0.020. Water assumed to be 6" deep with an 8" curb
on a 30-foot street with a 6-inch crown.
(c) Runoff Coefficient
Commercial 0.80
Industrial 0.70
Residential 0.50
Park 0.30
(d) Use 5-year, except for underpasses, large open ditches, and
culverts use a 25-year frequency.
The names, locations, widths, and dimensions of proposed streets,
alleys, easements, parks and other public spaces, sites for all
private uses other than single-family dwellings, tot lines, and
building lines.
2.12 SAME - SUBMISSION WITH GENERAL DEVELOPMENT PLAN: When the subdivision
is a portion of a tract later to be subdivided in its entirety~ a general
development plan of the entire subdivision, showing a schematic layout of
the entire tract, shall be submitted with the preliminary plan of the por-
tion first to be subdivided. Such plan shall be delivered to the City Sec-
retary who shall cause the same to be checked and verified, prepare a report
to the Commission setting forth his findings, and file such report, together
with the plan, with the Commission at its next regular meeting.
The preliminary plan shall be accompanied by a filing fee of five dollars,
plus an additional fee of one dollar for each lot created.
The Co~nission shall approve or disapprove any preliminary plan within thirty
days from the date it is filed. Approval of the preliminary plan as such
shall not constitute final acceptance or approval of the subdivision. When
a preliminary plan has been approved by the Commission, the plat shall be
submitted within six months thereafter; otherwise, approval of the prelim-
inary plan shall terminate unless the time for filing of the plat is extended
by the Commission at the request of the subdivider.
2ol3 PLATS - GENERALLY: If the preliminary plan meets the requirements set
forth for a plat, the Commission may, on request of the subdivider, consider
such preliminary plan as a plat and approve or disapprove the same as such,
provided that such action is taken within thirty days from the date of its
filing, if the preli'minary plan is approved only as such, a plat shall be
delivered to the City Secretary who shall file it with the Commission at
its next regular meeting. Each plat shall be accompanied by a filing fee
of ten dollars, plus an additional fee of two dollars for each lot created,
and certificates from the City and County Tax Col!ectors that alt taxes on
the land being subdivided have been paid to the current year. The plat
shall be drawn in black ink upon permanent tracing material to a scale of
one hundred feet to one inch and shall show the following information:
(I) Date, subdivision title, scale, and north point.
(2)
The names of the adjoining subdivisions, or the names of the
adjoining property owners, together with the respective plat or
deed references.
(3)
The lines and names of all proposed streets or other ways or
easements, including a statement of the purpose for which such
easements are dedicated, and also the lines and names of other
open spaces to be dedicated for public use or granted for use of
~he inhabitants of the subdivision.
(4)
Sufficient data to determine readily and reproduce on the ground
the location, bearing, and length of every street line, lot tine,
boundary line, block line, and building line, whether curved or
straight, and including the true north point. This shall include
the radius, central angle, and tangent distance for the property
lines of curved streets and curved property lines that are not
the boundary of curved streets°
(5) The location of all permanent monuments and control points°
(6)
Suitable primary control points to which all dimensions, bearings,
and similar data shall be referred° Dimensions shall be shown in
feet and hundredths of a foot~
(7) Restrictive covenants imposed on the land, if desired by the
subdivider,
(8)
A statement signed and acknowledged by the owner dedicating ail
streets, alleys, easements, parks, and other open spaces to pub-
lic use, or when the subdivider has made provisions for perpetual
maintenance 'thereof, to the inhabitants of the subdivision°
(9) The signatures of the Chairman and Secretary of the Commission
and of the Mayor attesting approval of the plat.
(10)
A certificate bearing the signature and seal of the engineer or
surveyor who made the survey that the requirements of paragraph
3,27 of this ordinance have been complied with°
if the subdivision is not to be served immediately by a water
utility, a restriction prohibiting occupancy of any lot until
water satisfactory for human consumption is available from a
source on the land, a community source, or a public utility source,
in adequate and sufficient supply for family use and operation of
a septic tank and system° A!I water supplied by a source other
than the City must be approved by the City°
(12)
If the subdivision is not to be served immediately by a sewerage
collection system connected fo a community treatment plant, or to
a public sewerage facility, a restriction prohibiting occupancy
of any lot until a septic tank and subsurface drainage field
designed and constructed in accordance with methods and standards
approved by the State Department of Health has been installed on
such lot and has been inspected and approved by the City°
2.14 SAME - APPROVAL WITHIN THIRTY DAYS: Within thirty days from the
filing of any plat, the Commission shall approve such plat provided~
(I) The plat complies with the provisions of this article;
(2) The uses proposed for ~'he property being subdivided are con~
sistent with its zoning;
(5) The subdivider has complied with the provisions of paragraphs
3.21 to 3°38 of this ordinance;
(4)
In a!l subdivisions ~he subdivider agrees to construct and inatall
streets~ paving, curbs, gutters, utilities, and drainage facil-
ities in his subdivision in accordance with the provisions and
standards of the City, or has made provision by making a cash or
corporate sure~y bond or depositing money in escrow, each in an
amount equal to the estimated cost of constructing and installing
the required improvements, that in the event of the failure of
the subdivider to make such improvements the same will be con-
structed and installed without cost to the City.
When the C~ission is satisfied that the technical requirements of any
such subdivision p~at have been complied with by the subdivider, the Commis-
sion, preparatory to submitting the plat to the City Council for completion
of utility contracts, if any, and such other matters, including street con-
struction and drainage, as the City Council may lawfully review or consider,
shall enter an order approving the plat subject to action of the City Coun-
cil with reference to such utility contracts, street construction, drainage,
and other matters to be considered by the Council. Upon taking such action,
the Commission shall cause the plat to be forwarded to the City C~uncil
without delay accompanied by a copy of the C~misslon's action with reference
thereto, together with a written statement of any grievance or disagreement
which the subdivider has requested that the Council act upon. After the
City Council is satisfied that the subdivider will comply with all require-
ments for utillties and street construction and has returned the plat to
the Commission, indicating such action as the Council may have taken in
regard to the plat, then the Commission shall enter its order giving final
approval of such plat.
Any plat not disapproved within thirty days from the date of its filing with
the Commission shall be deemed to have been approved~ and on demand the
Commission shall issue a certificate showing the filing date and the failure
to take action thereon within thirty days from the filing date. Such certi-
ficate shall be sufficient in lieu of a written endorsement or other evidence
of approval.
2.15 SAME - RECORDATION: After a plat has been approved the Commission
shall cause such plat to be recorded in the plat records of the County.
DIVISION 2. SHORT FORM
2.16 GENERALLY: A short form procedure may be followed for the approval
of the subdivision when the land proposed to be subdivided or resubdivided
meets the following conditions and requirements:
(I)
Such land abuts upon a street of adequate width and is so situ-
ated that no additional streets and no alleys, easements, or
other public property are required in order to meet the require-
ments of this ordinance.
(2)
The perimeter of the tract being subdivided has been surveyed
and marked on the ground and a plat thereof prepared and filed
with the City Secretary, and the nearest corner of each lot or
parcel of such proposed subdivision is within two hundred feet
of a known corner which is adequately marked by a concrete monu-
ment or iron stake.
(3)
The topography of the tract and the surrounding lands Is such
that no regard need be given in such subdlvlsion to drainage,
or, where drainage facilities are required, arrangements have
been made for the constructlon of such facilltles.
(4)
The utilities, as required by the City, are in place to serve
each parcel or lot of such subdivision or resubdlvislon, or
arrangements to provide such utilities have been made.
2.17 PLATS - DELIVERY TO CITY SECRETARY: When the land proposed to be sub-
dlvlded meets the requirements and conditions of the preceding paragraph,
the owner of such tract of land may deliver to the City Secretary a plat
of the same, accompanied by a filing fee of five dollars plus an additional
fee of one dollar for each lot created by such subdivision or resubdivislon.
The plat shall be signed and acknowledged by the owner of the land and
shall be accompanied by tax certificates as required in paragraph 2.13 of
thls ordinance. This procedure shall not be used if the uses proposed for
any part of the land are inconsistent with existing zoning.
2.18 SAME - CONTENTS: The plat shall be drawn on tracing paper to a scale
of one hundred feet to one inch and shall show the following information:
(I) Existing streets, alleys, easements, and other public property
serving the land being subdivided.
(2) Adjoining tracts of land.
(3) Known marked or monumented corners.
(4) Length of lot lines and, where necessary, their courses.
2.19 SAME - TO BE CHECKED AND VERIFIED; REPORTS: The City Secretary shall
cause the plat to be checked and verified and shall prepare a report to the
Commission setting forth his findings. Such report together with the plat
shalt be fi led with the Commission at its next regular meeting.
2.20 SAME - APPROVAL OR DISAPPROVAL: The Commission shall consider the
plat and the report of the City Secretary thereon and shall approve or dis-
approve such plat within thirty days from the date of its filing with the
Commission.
ARTICLE III - LAYOUT REQUIREMENTS
3.21 CONFORMITY WITH MASTER PLAN: Subdivisions shall conform to the Master
Plan of the City.
3.22 RELATIONSHIP TO STREET SYSTEM: Streets of new subdivisions shall be
In line with existing streets in adjoin;ng property except where, in the
opinion of the Commission, the Master Plan, topography, requirements of
traffic circulation, or other considerations make it desirable to depart
from such alignment.
3.23 ACCESS TO LOTS: Each lot shall abut on a dedicated public street.
3.24 STREET RIGHT OF WAY WIDTHS: Street right of way widths shall be in
conformity wtth the requirements of the Master Plan. In no event, however,
shall such widths be less than fifty feet for local streets, sixty feet for
collector streets, and eighty feet for thoroughfares. Where topographical
conditions, drainage channels, proposed limited development on one stde of
the street, or other special conditions warrant a street of less than fifty
feet in width, a lesser width may be approved by the Commission.
3.25 BOUNDARY STREETS: When the land proposed to be subdivided is partially
or totally bounded on one or more sides by a street, way, or thoroughfare
having a width less than that specified in paragraph 3.24 of this ordinance,
such land shall be laid out so as to provide street widths specified therein.
A half street along adjoining property which has not been subdivided may be
shown on the general development plan of an entire subdivision, but no lots
abutting upon such half street shall be included in the subdivision as ap-
proved.
3.26 STREET NAMES: New streets shall be named so as to provlde contlnulty
of name with existing streets and so as to prevent conflict with identical
or similar names in other parts of the City.
3.27 STREET MONUMENTS AND PROPERTY MARKERS: Concrete monuments shall be
placed at all corners of boundary lines of a subdivision and in any case
not more than thirteen hundred feet apart. Such monuments shall be eight
inches in diameter and shall be eighteen inches deep except where rock is
encountered within fourteen inches of the surface, in which case such monu-
ments shall be countersunk four inches in such rock. The exact Intersection
point on the monument shall be marked by a copper pin one-fourth inch in
diameter embedded at least three inches in the ~nument. The top of the
monument shall be placed flush with the natural ground.
Intermediate property corners, curve points, and angle points shall be
marked by iron stakes not less than twelve inches in length, driven flush
with the ground, or countersunk if necessary in order to avoid being dis-
turbed. This paragraph shall not apply, however, to lots in subdivisions
meeting the requirements of paragraphs 2.16 to 2.20 of this ordinance.
3.28 STREET INTERSECTIONS: Acute angles between streets at their inter-
section shall be avoided; however, when intersecting angles sharper than
eighty degrees are deemed necessary by the Commission, the property line in
the small angle of the intersection shall be rounded so as to permit the
construction of curbs having a radius of not less than twenty-five feet
without decreasing the normal width of the sidewalk area.
3,Z9 EASEMENTS - GENERALLY: Except where alleys of not less than twenty
feet in width are provided, easements for utilities and enclosed or open
drainage ways not less than five feet in width shall be retained on each
slde of rear lot Ilnes. Where deemed necessary by the C(~nmission, such
easements not less than five feet in width on each side of side lot lines
shall be retained. Easements for any or all of such purposes shall be
required across parts of tots other than as described above as deemed
I0.
necessary by the Commission. All such easements shall be so aligned as to
permit construction of utilities therein at the minimum cost. Appropriate
alleys or service ways, not less than twenty feet in width, shall be pro-
vlded to service commercial and industrial sites.
3.30 SAME - IN AREAS ADJOINING PROPOSED SUBDIVISIONS: When the City
Engineer finds that easements in areas adjoining a proposed subdivision are
necessary to provide adequate drainage thereof or to serve such subdivision
wtth utilities, the subdivider shall obtain such easements or shall make
arrangements with the City to obtain them.
3.31 DEAD-END STREETS: When the Commission finds that topographical or
other unusual conditions or development of the n~ast desirable residential
plan require laying out a dead-end street, the street shall terminate in a
cut-de-sac with a minimum right of way radius of fifty feet and shall be no
more than six hundred feet long unless necessitated by topography.
3.32 BLOCK LENGTHS: Block lengths shall be determined primarily by the
requirements of adequate vehicular and pedestrian circulation into, out of,
and through such new subdivision. Residential blocks shall be approximately
twelve hundred feet long, but this length may be varied according to the
requirements of circulation, topography, and provisions of the Master Plan.
3.33 BLOCK WIDTHS: Block widths shall be such as to allow for two tiers
of lots back to back, except where abutting a thoroughfare to which access
to the lots is prohibited, or where prevented by topographical conditions
or size of the property.
3.34 LOT ARRANGEMENTS: In general, the side lines of lots shall be approx-
imately at right angles to straight street lines or radial to curved street
lines. In general, an arrangement placing adjacent lots at right angles to
each other shall be avoided.
3.35 LOT SIZES: Where all lots of the subdivision are to be served imme-
diately by a sewage-collecting system connected to a public sanitary sewer
or a central disposal unit, the minimum dimensions for interior residential
lots shall be sixty feet for width provided that a decrease in depth may be
made if the lot width is increased so as to provide for a minimum lot area
of six thousand square feet. The minimum width of residential corner lots
shall be sixty feet, and the minimum area of corner lots shall be six
thousand square feet° Residential lots not served by a public sewerage sys-
tem and located in a subdivision which will not be served immediately by a
central disposal unit shall be not less than seventy-five feet wide and not
less than ten thousand square feet in area.
3.36 ALLEYS: Alleys, or loading courts, of a minimum width of twenty feet
paved surface or, in lieu ~hereof, off-street loading space, shall be pro-
¥1ded !n business blocks. Alleys are not required in residential districts
except that same shall be provided where alleys of adjacent subdivisions
already platted would be closed or dead-ended by failure to provide alleys
in the new subdivision.
II.
3.37 SI DEWALKSz Sidewalks are not specified as a requirement In new sub-
~Ivlsl~ver, should a subdlvider or developer elect to Install slde-
walks In a subdivision, preliminary plans shell be submitted along with the
pr~llmlnary plat of the development, end detail construction plans shell be
flied for the approval of the City Planning and Zoning Commission at the
tl~e of the submission of the final plat.
3.38 SITES FOR PUBLIC USAGE: Sites suitable for parks, schools, play-
grounds, or other public usage, as required by the City, shall be carefully
considered In collaboration with the City Planning and Zoning Commlsslon
and so Indicated upon the preliminary plan so that It can be determined as
to site conformity to the recommended locations as are indicated upon the
plan end so that they can be duly placed upon the final plat for dedication.
Such sites ~hall be in conformity to the Master Plan and to the general
requirements of the Commission in keeping with modern city planning principals
and shall be of adequate size as recommended by the Commission and as may be
requlred by the City under its policies and specifications. The Commission
may require a letter from the appropriate independent school dlstrlct stat-
lng the provisions for the site of future schools, if such be required, are
adequate, or if not required, then shall be stated°
This ordinance shall
required by lawo
PASSEDp this 7
take effect after its passage and publication as
dayof Y
MAYOR
ATTEST:
CITY SECRETARY
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