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0483AN ORDINI~NCE OF THE CITY OF SOUTHL~KE, TEXAS ADOPTING A NEW SUBDIVISION CONTROL ORDINANCE, PROVIDING THE FOLLOWING RULES ~ REGULATIONS RELATING TO THE DIVISION AND DEVELOPMENT OF LAND, APPROVAL OF PLATS, LAND DEDICATIONS ~ THE DESIGN OF LAND DEVELOPMENTS TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE, WHICH RULES AND REGULATIONS SHALL BE APPLICABLE TO THE MAXIMUM EXTENT ALLOWED BY LAW BOTH WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF SOUTHLAKE ~ WITHIN ITS EXTBA- TERRITORIAL JURISDICTION; PROVIDING FOR ADMINISTBATION ~ ENFORCEMENT, ~ PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THaT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A S~-V~.RABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR ENGROSSMENT P~ND ENROLLMENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; ~ PROVIDING AN EFFECTIVE DATE. WHEREAS, the city of Southlake, Texas, is a acting under its charter adopted by the electorate Article XI, Section 5 of the Texas Constitution and the Local Government Code; and home rule city pursuant to Chapter 9 of WHEREAS, the City of Southlake is a rapidly growing area lying in the metropolitan area of the cities of Dallas and Fort Worth and is in the direct growth pattern of the Dallas/Fort Worth Regional Airport; and WHEREAS, the location of the City of Southlake has made it subject to unusual growth pressures resulting in rapid urbanization, a sudden increase in residential density, a strong demand for commercial and industrial development, and ancillary pressure for supporting public works facilities; and WHEREAS, until recent development pressures began to increase the city of Southlake had been a relatively small rural community i with limited public works infrastructure incapable of supporting new development trends without significant re-evaluation and revision; and W~ER~AS, the City Council of the City of Southlake recognizing the sudden change in growth patterns and development pressures has requested the Planning and Zoning Commission of the City to undertake a detailed review and analysis of current development regulations and policies in order to recommend changes to existing development regulatory ordinances and codes of the City; and w~R~AS, after due and careful consideration the Planning and Zoning Commission has prepared a revised Subdivision Regulation Ordinance designed to allow the community to traditional character and pattern of development, growth demands for development within jurisdiction, provide works infrastructure, its negative impacts upon the community and its inhabitants; and W~EREAS, the Planning and Zoning Commission of the City of Southlake has held public discussion upon the proposed Subdivision Regulation Ordinance revisions and has recommended the adoption of maintain it's accommodate new residential, commercial and industrial the community and its extraterritorial necessary and appropriate supporting public and balance growth and development to reduce the proposed new Ordinance to the City Council of the City of Southlake; and W~EREAS, the City Council of the city of Southlake after receiving public comment and entertaining public debate and discussion upon these regulations has determined that these subdivision regulations will better protect the public health, ii of the Local subdivisions, power. safety and welfare as well as fulfill the purpose of Chapter 212 Government Code, relating to platting and recording and other constitutional and statutory grants of NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAB: iii Ti~BLE OF CONTENTS ARTICLE I ARTICLE II ARTICLE III ARTICLE IV ARTICLE V ARTICLE VI GENERAL Section Section Section Section PROVISIONS ....... 1.01 Authority . 1.02 Purpose . 1.03 Enforcement . 1.04 Definitions . GENERAL PLATTING . Section 2.01 Division of Property . Section 2.02 Single Tracts Prior to Construction Section 2.03 Combination of Lots Section 2.04 Dedication Requirements Section 2.05 Plat Vacation REQUIREMENTS FOR PLAT SUBMITTAL Section 3.01 Submittal Section 3.02 Preliminary Plat, Submittal Requirements Section 3.03 Final Plat, Submittal Requirements Section 3.04 Plat Showing, Submittal Requirements Section 3.05 Amended Plat Submittal Requirements Section 3.06 Plat Revision, Submittal Requirements ...... Section 3.07 Easements PROCEDURES FOR PLAT APPROVAL ..... Section 4.01 General Provisions Section 4.02 Section 4.03 Section 4.04 Section 4.05 Section 4.06 Preliminary Plat, Processing Final Plat, Processing Plat Showing, Processin~ Amended Plat, Processing Plat Revision, Processing STREET AND RIGHT-OF-WAY REQUIREMENTS Section 5.01 General Section 5.02 Right-Of-Way Requirements Section 5.03 Street Design Requirements . WATER, SEWER, PAVING AND DRAINAGE IMPROVEMENTS ...... Section 6.01 Water and Sewer Improvements Section 6.02 Paving and Drainage Improvements Page 1-1 1-1 1-1 1-2 1-2 2-1 2-1 2-1 2-2 2-2 2-3 3-1 3-1 3-2 3-6 3-10 3-11 3-12 3-12 4-1 4-1 4-4 4-5 4-5 4-5 4-6 5-1 5-1 5-2 5-3 6-1 6-1 6-1 -i- ARTICLE VII ARTICLE VIII ARTICLE IX APPENDICES PARK AND RECREATION DEDICATION REQUIREMENTS 7-1 Section 7.01 Park and Recreation Dedication Requirements 7-1 Section 7.02 Park and Open Space Policy 7-1 Section 7.03 Fees in Lieu of Dedication 7-4 Section 7.04 Character of Dedicated Land 7-5 Section 7.05 Maintenance of Private Parkland 7-6 Section 7.06 Platting Requirements . 7-6 Section 7.07 Facilities Improvements in Lieu of Reservation of Open Space or Park and Recreational Areas 7-6 Section 7.08 Prior Dedication or Payment of Cash in Lieu of Dedication or Reservation . 7-7 Section 7.09 Standards for Dedicated Parklands 7-7 MISCELLANEOUS REQUIREMENTS 8-1 Section 8.01 Lotting Requirements 8-1 Section 8.02 Sight Triangle 8-2 Section 8.03 Monuments and Markers 8-2 MISCELLANEOUS Section 9.01 Section 9.02 Section 9.03 Section 9.04 Section 9.05 Section 9.06 Section 9.07 Section 9.08 Section 9.09 PROVISIONS . Modifications and Variations Violations . Severability of Provisions . Conflicting Ordinances . Personal Disclaimer Preservation of Rights . Conversion to Pamphlet Form Notice and Publication Effective Date Signature Page. 9-1 9-1 9-1 9-2 9-2 9-2 9-3 9-3 9-3 9-3 9-4 A-1 -ii- ARTICLE I GENERAL PROVISIONS Section 1.01 Authority This Ordinance is adopted under the authority of the Constitution and laws of the State of Texas, including particularly Chapter 212 of the Local Government Code of the State of Texas. Section 1.02 Purpose The purpose of this ordinance is to provide for the orderly, safe and healthful development of the area both within the City and within it's extraterritorial jurisdiction and to promote the health, safety and general welfare of the community. In order to carry out the purpose hereinabove stated, it is hereby 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, within its extraterritorial jurisdiction pursuant to he Master Plan for the City. This ordinance shall be administered in accordance with the following policies: Land to be subdivided or developed shall be of such nature, shape and location that, with proper planning, it can be used without danger to health or risk of fire, floods, erosion, landslides or other menaces to the general welfare. Proper provisions shall be made for drainage, water supply, disposal of sanitary and industrial waste, and other utilities and services. Proposed streets shall provide a safe, convenient, and funct- ional system for vehicular and pedestrian circulation and shall be properly related to the Thoroughfare Plan of the City and shall be appropriate for the particular traffic characteristics of each proposed subdivision or development. Streets shall be of such width, grade and location as to accommodate predicted traffic, as determined by existing and projected future land uses. Buildings, lots, blocks and streets shall be arranged so as to afford adequate light, view and air, and to facilitate fire protection, providing ample access to buildings for emergency equipment. Land shall be subdivided and developed with due regard to topography and existing vegetation with the objective being that the natural beauty of the land shall be preserved as far as is feasible. 1-1 Adequate sites and convenient access for schools, parks, play- grounds, and other community services indicated in the Master Plan shall be related to the character and uses of the surrounding properties in accordance with the intent, policies and provisions of this ordinance. Section 1.03 Enforcement Except as provided in Section 2.02, no permits for building, repair, or plumbing or electrical work on any tract shall be issued by the City until the approval and filing of a plat in the County Plat Records. The City shall be under no obligation to furnish any public utilities or allow any services unless and until a plat meeting all rules, regulations and requirements of this ordinance has been approved and filed in the County Plat Records. However, a decision of a City regulatory official concerning compliance with these rules and regulations may be appealed to the Planning and Zoning Commission. Section 1.04 Definitions General Rules: For the purpose of this ordinance, the following rules shall be applied in constructing, interpreting or otherwise defining the terms and provisions hereof: Words used in the present tense shall include the future, words used in the singular number shall include the plural number and words used in the plural shall include the singular. The word "shall" is mandatory and the word "may" is permissive. The phrase "used for" shall include the phrases, "arranged for", "designed for", "intended for", and "occupied for", and shall apply exclusively to physical uses. Definitions: For the purpose of this ordinance, certain words or terms applicable hereto are defined as hereinafter provided. Words and terms used in this ordinance, but not defined in this ordinance shall have the meanings ascribed thereto in the Comprehensive Zoning Ordinance of the City. Words and terms defined in both ordinances shall be read in harmony unless there exists an irreconcilable conflict in which case the definition contained in this ordinance shall control. ACREA~GROSS: plat. The acreage included within the boundary of a 1-2 ACREAGE, NET: The acreage included within the boundary line of a particular subdivision, tract, parcel, lot, etc., but excluding all public rights-of-way. ALLEY: A public way less in size than a street, designed for the special accommodation of the property it reaches, and not intended for general travel or primary access. APPLICANT: The owner of land proposed to be subdivided or his representative. BLOCK: A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shore lines of waterways, or boundary lines of municipalities. BOND: Any form of security including cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the Council. BUILD: To erect, convert, enlarge, reconstruct, restore, or alter a building or structure. BUILDING: Any structure which is built for the support, shelter or enclosure of persons, animals, chattels, or moveable property of any kind. BUILDING LINE: A line established a distance away from public and private R.O.W. beyond which no part of a building shall project, except as otherwise provided in the Zoning Ordinance. CERTIFIED PLANNER: Member in good standing of the American Institute of Certified Planners. CITY: The City of Southlake, Texas. COMMISSION: The Planning and Zoning Commission of the city. COUNCIL: The City Council of the city. COUNTY PLAT RECORDS: The plat records of Tarrant County or Denton County, Texas, whichever is appropriate to the tract being platted. CUL-DE-SAC: That street or part of a street having one common entry and exit and no other entry and/or exit. DENSITY, GROSS: The number of dwelling units per gross acre. DENSITY, NET: The number of dwelling units per net acre. 1-3 DEVELOPER: The owner of land proposed to be subdivided or his representative. DEVELOPMENT: subdivision permit. Any activity that requires the submission of a plat, development plan or the securing of a building EASEMENT: Authorization by a property owner for another, and for specified purpose, of any designated property. the use by part of such EASEMENT, COMMON ACCESS: Common Access Easements are easements which are intended to provide shared drives for commercial, industrial, and high-density residential developments. These are private easements owned and maintained by the adjacent lot owners. EASEMENT, UTILITY: (Abbreviated U.E.) An easement generally used for the installation, maintenance, and operation of water, sewer, electric, telephone, cable, gas, and other similar utilities. No permanent structures other than fences shall be allowed in these easements. EASEMENT, DRAINAGE: (Abbreviated D.E., typically D.+U.E. when combined with utility easements) A delineated portion of land set aside for the overland or underground transfer of storm water. This area shall not have any permanent structures, fences, or other obstacles hindering the safe transfer of water through the easement. ENGINEER: Any person who has been licensed and registered by the Texas State Board of Registration for Professional Engineers to engage in the practice of engineering in this state, and listed in State Records as "Civil". ESCROW: Money placed in the possession of the City to accomplish the purpose set out in this ordinance, including, but not limited to, the following: purchase of right-of-way, design and construction of drainage and sanitary sewerage facilities, water, curb, gutter, and pavement. FRONTAGE: That side of a lot, parcel, or tract abutting a street right-of-way and ordinarily regarded as the frontal orientation of the lot. LOT: A tract, plot, or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development. LOT, DOUBLE FRONTAGE: Any 10t, not a corner lot, with frontage on two streets which are parallel to each other or within forty five degrees of being parallel to each other. 1-4 MARKER: A permanent iron rod generally used on lot corners, points of curvature and tangency. MASTER PLAN: Those plans and policies adopted by the Council as a guide to the systematic physical development of the City. MONUMENT: A permanent concrete survey monument generally used on subdivision property corners adjacent to public R.O.W. OWNER: The term owner herein is an all inclusive term denoting the person, firm, corporation or partnership with primary responsibility toward the City to see that these subdivision rules and regulations and the ordinances of the City are complied with. Such term as used herein always includes one or more of the above who own all or any part of the land which is to be developed. PLANNED UNIT DEVELOPMENT: A development concept which allows flexibility in accordance with the Zoning Ordinance. PLANNER: A person other than Surveyors or Engineers who also possess a proficiency in the planning of residential, commercial, industrial and other related developments; such proficiency often having been acquired by education in the field of Planning, Landscape Architecture or other specialized planning curriculum and/or by actual experience and practice in the field of planning. PLAT, AMENDED: A plat generally used for the purpose of correcting errors in previously filed plats. PLAT, FINAL: A plat which substantially conforms to the approved preliminary plat and contains all or a portion of the property within the approved preliminary plat. A Final Plat as referred to in this ordinance may also refer to Plat Revisions, Amended Plats, and Plat Showings. Only final plats may be filed of record in the county plat records. PLAT, PRELIMINARY: The Preliminary Plat is intended to show all the planning factors necessary to enable the proper City approving authorities to determine whether the proposed plan for land development is satisfactory from the standpoint of public health, safety and welfare and is in accordance with the general guidance provided by the Master Plan the Zoning Ordinance and other applicable ordinances and regulations. The Preliminary Plat and the review thereof are intended to produce a subdivision design in which all planning factors have been recognized and reconciled, as distinguished from the Final Plat, in which the engineering factor of dimensional precision is the predominate objective. PLAT REVI$ION: A Dlat which revises currently platted lots. PLAT SHOWING: A plat which includes less than 10 acres and three or fewer lots and typically has no internal public works 1-5 improvements. A plat showing typically combines requirements of the preliminary and final plats. POSITIVE OVERFLOW: A drainage plan that requires storm water flows to be conveyed above ground in either street right-of-way or drainage easements, in such a way as to prevent damage or flooding to improvements. PUBLIC WORKS IMPROVEMENTS: Improvements to streets, water, sewer, drainage, and similar improvements intended for dedication to or maintenance by the city. RIGHT-OF-WAY: (Abbreviated R.O.W.) A strip of land, other than a drainage or utility easement, occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. ROADWAY: The traveled portion of a street upon which vehicles traverse and circulate, to include the area from back-to-back of the outer curb lines, or where curbs do not exist, said roadway includes the traveled area from the outer edges of the surfaced and prepared portion of the roadway, excluding shoulders, etc. SDHPT: State Department of Highways and Public Transportation Street. All property which is contained within fixed boundaries commonly referred to as right-of-way (R.O.W.) lines, for the primary purpose of vehicular movement and circulation, and in which traveled roadways exist, along with various service utilities and sidewalks for pedestrian circulation. STREET, ARTERIAL: A through street designed for the movement of heavy traffic volume, intended to carry traffic from Collector Streets to State/County Highways. STREET, COLLECTOR: A street collector or local streets State/County street system. intended to move traffic from minor to or toward the Arterial and STREET, INTERNAL: Generally any street whose entire width is contained within a development. STREET, MINOR COLLECTOR: A street which is local in character and use but due to its configuration within the development, serves as a collector of local streets, thereby connecting them to a collector street. STREET~ MINOR OR LOCAL: A street which provides access from individual tracts to minor collectors or collector streets. STREET, PERIMETER: Any street which abuts a development or one whose width lies partly within a development and partly without. 1-6 STREET, PRIVATE: These are similar to public streets and roadways except that ownership and maintenance is privately used and retained and not dedicated to the public for general use and maintenance. STREET, STATE/COUNTY: State Highway 114, F.M. 1709, or F.M. 1938, or other state or county designated street. STREET, ESTATE SECTION: Any street without concrete curb and gutter, but not including state, county, or federal highways. SUBDIVIDER: Any person who (1) having an interest in land, causes it, directly or indirectly, to be divided into a subdivision or who (2) directly or indirectly, sells, leases, or develops, or offers to sell, lease or develop, or advertises for sale, lease or development, any interest, lot, parcel, site, unit, or plot in a subdivision, or who (3) engages directly or through an agent in the business of selling, leasing, developing, or offering for sale lease or development a subdivision or an interest, lot, parcel, site, unit, or plot in a subdivision, and who (4) is directly or indirectly controlled by, or under direct, or indirect common control with any of the foregoing. SUBDIVISION: Any land, vacant or improved, which is divided or proposed to be divided by metes and bounds, deed, contract for deed, lease instrument, other instrument, or by another method, into two (2) or more lots, parcels, sites, units, plots or interests for the purpose of offer, sale, lease or development, either on the installment plan or upon any and all other plans, terms and conditions, including resubdivision. SURVEYOR: Any person registered as a Registered Public Surveyor or Licensed State Land Surveyor by the Texas Board of Land Surveying. 1-7 ARTICLE II GENERAL PLATTING Section 2.01 Division of Property: Hereafter every owner of any tract of land within the corporate limits of the City or within the extraterritorial jurisdiction of the City who engages in the act of subdivision as described and defined herein shall cause a plat to be made thereof which shall accurately describe all of said tract by metes and bounds and locate same as required by Section 3.03. No plat may be recorded, no lot may be sold and no transfer of title to any part of such tract of land shall be made until a plat, accurately describing the property to be conveyed, is approved in accordance with these provisions and filed in the County Plat Records. B. Plats required for Compliance: Any proposed subdivision of land which contains 10 or more acres of land or proposes 4 or more lots or proposes any internal public works improvements shall require a Preliminary Plat to be processed and approved prior to submitting a Final Plat for approval and recording in the County Plat Records. 2 o When subdividing a tract containing less than 10 acres and which proposes 3 or fewer lots, the owner may, at his own discretion, elect to cause a Preliminary Plat to be processed and approved prior to submitting a Final Plat for recording in the County Plat Records. 3 o In the event that the owner elects to subdivide said tract of less than 10 acres into three (3) or fewer lots, without approval of a Preliminary Plat, he shall: Cause a Plat Showing to be approved and filed of record if the tract has not previously been platted; or bo Cause a Plat Revision to be approved and filed of record in the County Plat Records if all or a portion of the tract has been previously platted. Any resubdivision of existing platted lots shall require the submittal and approval of a Plat Revision. Section 2.02 Sinqle Tracts Prior to Construction: 2-1 Every owner of a single tract of land, within the corporate limits of the City or within its extraterritorial juris- diction, shall be required to submit a "Plat Showing" of said tract and obtain approval of said plat prior to the commencement of construction upon said tract, and no building permit shall be issued for the construction of any building, nor shall any construction commence upon said tract prior to the filing of a plat of said property in the County Plat Records. However, nothing herein shall require a plat to be approved and filed as a prerequisite to construction where such construction occurs on land which is within the municipal city limits and is zoned Residential or Agricultural, or is not within the Municipal City Limits and therefore is not zoned, and such construction is for any of the following purposes: 1. Adding to an existing building or structure; 2. Altering an existing building or structure; 3. Adding an accessory building or structure; Restoring any building or structure previously destroyed by fire, explosion, or any other casualty or act of God, where the extent of the destruction is not more than fifty percent (50%) of its reasonable market value. Section 2.03 Combination of Lots: ao Any person desirous of combining two or more contiguous prev- iously platted lots into one single lot for the purpose of removing interior lot lines to create a more buildable lot area shall submit a Plat Revision and obtain approval as outlined in this ordinance and cause the same to be filed of record in the County Plat Records. Section 2.04 Dedication Requirements: Division of Property: Every owner of property to be subdivided for which a plat has been submitted for approval shall be required to dedicate to the City that portion of such property as is necessary for the orderly development of streets, roadways, thoroughfares, utilities, drainage improvements, or other public purposes, and such dedication requirements, as imposed, shall be a prerequisite to plat approval. Single Lot Plats: Every owner of property for which a plat has been submitted for approval as a single lot plat may be required to dedicate to the city a portion of such property not to exceed ten percent (10%) of the total area of the property, when such dedication is necessary for the orderly 2-2 development of streets, roadways, thoroughfares, utilities, drainage improvements, or other public purposes. In any case where full R.O.W. width is not dedicated, building setback lines reflecting the full-width future alignment may be required to be shown on the plat. Plat Revisions: Every owner of property to be replatted for which a Plat Revision has been submitted for approval shall be required to dedicate to the City that portion of such property as is necessary for the orderly development of streets, roadways, thoroughfares, utilities, drainage improvements, or other public purposes, and such dedication requirements, as imposed, shall be a prerequisite to plat approval. Plat Showing: Every owner of property to be platted for which a Plat Showing has been submitted for approval shall be required to dedicate to the City that portion of such property as is necessary for the orderly development of streets, roadways, thoroughfares, utilities, drainage improvements, or other public purposes, and such dedication requirements, as imposed, shall be a prerequisite to plat approval. Eo Effect of approval/disapproval on dedication: The approval of a plat is not considered an acceptance of any proposed dedication and does not impose on the municipality any duty regarding the maintenance or improvement of any dedicated parts until the appropriate municipal authorities make an actual appropriation of the dedicated parts by entry, use, or improvement. The disapproval of a plat is considered a refusal by the municipality of the offered dedication indicated on the plat. Section 2.05 Plat Vacation: The owners of the tract covered by a plat may vacate the plat at any time before any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument declaring the plat to be vacated is approved and recorded in the manner prescribed for the original plat. Bo If lots in the plat have been sold, the plat, or any part of the plat may be vacated on the application of all the current owners of lots in the original plat with approval obtained in the manner prescribed for the original plat. The signature of approval of all applicable utility company representatives must be on the vacating instrument. (use easement abandonment format and "plat vacation" wording. See Appendix) Any easements which have improvements in them must be dedicated by separate instrument prior to the recording of the plat vacation instrument. 2-3 A processing fee entitled "Plat Vacation" shall be set by Council. This fee shall be paid upon submittal of the plat vacation application and shall not be refunded in any circum- stances. On the execution and recording of the vacating instrument, the vacated plat has no effect. 2-4 ARTICLE III REQUIREMENTS FOR PLAT SUBMITTAL Section 3.01 Submittal: Application: Ail Plats to be considered for approval under this ordinance shall be submitted to the City along with a completed application and fees and must be in accordance with all ordinance requirements. No plat shall be formally accepted for review by the City until it fulfills all of the requirements of this Article including utility plans and drainage studies as required unless the application identi- fies standards which are not met and contains a written appeal providing a justification for failure to meet these standards. Any plat submitted after a deadline for submittal will be acted upon as if received at the next applicable submittal deadline. Reproductions: Requirements for blueprints and mylars for all submittals shall be maintained by the Zoning administrator of the city. It shall be the responsibility of the applicant to verify the number of prints and mylars required for all submittals. Prints should be folded in a manner such that the title block and location map shall be easily read from the outside and have folded dimensions as required by the Zoning administrator. (See appendix for "preferred" title block format) Fees: Plats submitted to the City for approval shall be accompanied by a check payable to the City in the amount specified in the Schedule of Fees as approved by the City Council. Coordination of Processing: The Zoning administrator of the City shall be responsible for coordinating the processing of all plat submittals. Submittal checklists, review schedules and fee schedules will be available from the Zoning administrator. All plans submitted to the City for review must be stamped as received by the Zoning administrator. Any plans to be hand carried to the City Engineer's office must first be stamped as received by the City. Time of Filing. The Zoning Administrator will establish a timetable for the filing of plats and other applications under this ordinance. The timetable will allow sufficient time in order to comply with necessary notice requirements and reasonable staff review of any plat or application. No plat or other application shall be officially accepted for filing except on a scheduled filing deadline. On the date of the filing deadline, the plat or other application to be processed 3-1 will be date stamped by the Zoning Administrator and a notice of the time and date of filing shall be entered into a permanent subdivision journal maintained by the City. At that time, the City will provide the subdivider with a written receipt reflecting the time and date of filing. The date and time of filing as shown on the receipt and in the subdivision journal shall be the date that the thirty (30) day processing of final plats under the State Platting Statute shall commence. A plat will not be accepted for filing unless all required drawings, exhibits, studies or other required documentation has been submitted. A partial filing shall not be considered a filing of record activating the thirty (30) day review period. Section 3.02 Preliminary Plat, Submittal Requirements: ao A Preliminary Plat shall be submitted and approved prior to the submittal of a Final Plat. A preliminary plat shall be submitted on the entire tract being subdivided, regardless whether final platting is currently proposed for only a portion of the tract. The Preliminary Plat shall be prepared by a Licensed Profes- sional Engineer, Licensed Surveyor, Planner or Landscape Architect trained and experienced in subdivision design. C. The Preliminary Plat shall contain the following information: 1. North arrow, graphic and written scale in close proximity. 2. Permissible scale: 1"=50', 100', or 200'. (Prefer 1"=100') Location map showing location of tract by references to existing streets or highways. Appropriate title, i.e., "Preliminary Plat", to include subdivision name, City, County, State, Survey and Abstract, total gross acreage and date of preparation. 5o Name and address (phone subdivider if different. deed record ownership. optional) of record owner and Note volume and page of current 6. Standard approval block. 7. Name, address and phone of Engineer/Planner/Surveyor. Name of record owner and corresponding deed record volume and page for all adjacent unplatted tracts. 3-2 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Ail adjacent platted property shown in dashed lines, labeling lot and block numbers, subdivision name, and plat record volume and page. Location of City Limit Lines and/or extraterritorial jurisdiction lines. Existing zoning noted on this tract and adjacent tracts. This should be removed on any Final Plats. Ail existing easements on or adjacent to this tract shown and labeled as to type and size. Any adjacent, previously approved and currently valid preliminary plats or concept plans shown. The location of existing or approved street intersections on the perimeter of the subdivision or within 200 feet of the perimeter. Legal description of the land to include: Current owner's deed record reference, Survey and Abstract, P.O.B. tied to survey corner or previously filed subdivision corner, or USGS monument, gross acreage. Point of beginning labeled on plat. Graphic depiction of all boundary lines shown in heavy lines with deed record dimensions or field surveyed dimensions if available. These should match legal description. Existing R.O.W. shown, labeled and dimensioned, i.e. public streets, highways, alleys, private drives, railroads, etc. Existing traveled roadway widths. General outline of area embraced by tree cover. Permanent structures and uses within the subdivision that will remain. Utility easements: Where adjacent property is unplatted or platted showing a 5' U.E., provide a 5' U.E. along the property line; if adjacent property is platted and shows no easement, provide a 10' U.E. along the interior of the property line. A 10' U.E. should be provided along the R.O.W. of S.H. 114, F.M. 1709, and F.M. 1938. 3-3 23. 24. 25. 26. 27. 28. 29. 30. Street R.O.W. dimensioned, all streets having names dissimilar from any existing street names. R.O.W. dedication for existing R.O.W. widening shown and dimensioned. Lots and blocks labeled with numbers in consecutive order. Drainage and utility easements labeled and described. Front building setback lines (on all streets) labeled or noted. Lots to be dedicated for public i.e.schools, parks, open spaces, and general perimeter dimensions. uses in same manner. use labeled as such, etc., showing acreage Also show any private Any proposed zoning labeled as such. Schedule addressing phasing of development as shown on the plat, with estimated beginning and completion data for each phase, to include quantitative land use schedule. Typically shown as follows: Phase One Land Use Schedule # of # of Land Use Zoninq Lots Units Single family residential SF-1A 40 40 Single family residential SF-20A 40 40 Commercial Center C-3 - - Park AG - - Streets - - Phase one Sub-totals 80 80 Phase one expected completion date: July, 1991. Net density Net (d.u./acre) Acreaqe 1 40 2 20 - 5.8 - 15 - 25 1.5 105.8 31. 32. 33. Scaled dimensions of all lots, etc. Approximate flood plain and flood way limits Additional plans required: so street R.O.W., easements, shown. Preliminary Drainage Study: requirements as outlined Shall include all in the Drainage Ordinance 3-4 of the city including but not limited to the following: Shall be drawn over a mylar or reproducible copy of the Preliminary Plat. 2 o Provide the name, address, and phone number of the person preparing the study. Provide the signature and seal of the person preparing the study. Contours in conformance with the following: -Slope less than 2% : 2' vertical intervals -Slope 2% to 15% : 5' vertical intervals -Slope greater than 15% : 10' vertical intervals *Datum should be approved by the city Engineer. Label all existing and proposed drainage structures, i.e., dams, spillways, flumes, culverts, and note size and type, i.e. earth, concrete, riprap, metal, RCP, VCP, etc. Flow lines of all drainage and water courses, i.e. streams, creeks, swales, etc. Delineation of on-site and contiguous off-site drainage areas including acreages thereof. This should include a contour map of the entire drainage area contributing runoff to the subdivision. Scale should not be smaller than 1" = 2,000'. 8. Sufficient design calculations to determine easement sizes and locations. Preliminary Water and Sewer Layout: Shall include: Existing and proposed water lines with sizes shown. Existing and proposed sewer lines with sizes shown. *These may be shown on Preliminary Plat, drainage study, or separately whichever would be more legible. 3-5 Section 3.03 Final Plat, Submittal Requirements: After obtaining approval or conditional approval of a prelim- inary plat and fulfilling all requirements of the Preliminary Plat approval, the applicant may, if wishing to proceed with the subdivision, submit a Final Plat. The Final Plat shall be accompanied by a completed application and shall be in accordance with all ordinance requirements. The Final Plat is that instrument which becomes the official, accurate, permanent record of the division of land. It shall substantially conform in all aspects to the Preliminary Plat, shall be clearly reproducible on mylar material and shall be certified as hereinafter provided. It may include all or only a portion of the area of the approved Preliminary Plat. Co Sheet Size: Ail Final Plats, Plat Revisions, Amended Plats, and Plat Showings shall be drawn on a sheet size of 24" by 36". Plats that are within Denton County shall be drawn on a sheet size of 24" x 36" and then mylars shall be photographically reduced to 18" x 24" prior to obtaining original signatures for filing in the county records. Where more than one sheet is needed, an index showing the entire subdivision shall be added to the first sheet or provided on a sheet of its own to be filed with the plat. D. The Final Plat shall contain the following information: North arrow, graphic and written scale in close proximity. 2. Permissible scale: 1"=50', 100' (Prefer 1"=100') Location map showing location of tract by references to existing streets or highways. 4 o Appropriate title, i.e., "Final Plat", to include subdi- vision name, City, County, State, Survey and Abstract, total gross acreage and date of preparation. Name and address of record owner and subdivider if dif- ferent. Note volume and page of deed record ownership. 6. Standard approval block. 7. Name, address and phone of Surveyor. Name of record owner and corresponding deed record volume and page for all adjacent unplatted tracts. 3-6 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Ail adjacent platted property shown in dashed lines, labeling lot and block numbers, subdivision name, and plat record volume and page. Location of City Limit jurisdiction lines, all labeled. Lines and/or extraterritorial survey lines with survey names Ail existing easements on or adjacent to this tract shown and labeled as to type and size. The location and dimensional centerline reference to existing or approved street intersections on the perimeter of the subdivision or within 200 feet of the perimeter. Legal description of the land to include: Current owner's deed record reference, Survey and Abstract, P.O.B. tied to survey corner or previously filed subdivision corner, or USGS monument, gross acreage. Point of beginning labeled on plat. Graphic depiction of all boundary lines shown in heavy lines with a description that matches legal description. Existing R.O.W. shown, labeled and dimensioned, i.e. public streets, highways, alleys, private drives, railroads, etc. A 50' building setback line provided for S.H. 114, F.M. 1709, F.M. 1938. (unless greater setback required by zoning) Net acreage noted on each lot. (sq. ft. if less than one acre) Utility easements: Where adjacent property is unplatted or platted showing a 5' U.E., provide a 5' U.E. along the property line; if adjacent property is platted and shows no easement, provide a 10' U.E. along the interior of the property line. A 10' U.E. should be provided along the R.O.W. of S.H. 114, F.M. 1709, and F.M. 1938. Street R.O.W. dimensioned, all streets having names dissimilar from any existing street names. R.O.W. dedication for existing R.O.W. widening shown and dimensioned, provide dimensions from center of existing R.O.W. at all adjacent property corners. 3-7 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. Lots and blocks labeled with numbers in consecutive order. Drainage and utility easements labeled and dimensioned. Front building setback lines (on all streets) labeled or noted. Lots to be dedicated for public use labeled as such, i.e. schools, parks, open spaces, etc., showing acreage and calculated perimeter dimensions. Also show any private uses in same manner. Calculated dimensions of all lots, street R.O.W., easements, etc. (all curve data should be labeled) Flood plain limit shown and labeled. Flood way limit shown and labeled with dimensional ties to all lot corners. Reproducible acknowledgements, owner's dedication, endorsements and surveyor's certifications in accordance with the official forms on file in the City Secretary's office. (see appendix) Avigation easement shown if applicable. (see appendix) Minimum finish floor elevations shown on all lots impacted by drainage easements or intended to be filled. Finish floor note shown on plat. (see appendix) Statement concerning deed restrictions shown. (see appendix, only for amended plats) Flowage Easement note shown on plat if applicable. (appendix) Sight triangle note shown on plat if applicable. (Section 7.02) Driveway access limitation note provided if applicable. (Section 5.01-H) Additional plans required: Complete and corrected preliminary water and sewer layout. This may be combined with the drainage study and should show all intended easements. Final Drainage Study: Shall include all require- ments as outlined in the Drainage Ordinance of the City including but not limited to the following: 3-8 1. Shall be drawn over a mylar or reproducible copy of the Preliminary Plat. o Provide the name, address, and phone number of the Engineer preparing the study. Provide the signature and seal of the Engineer preparing the study. Label the location and elevation of the topographic benchmark. Datum should be approved by the City Engineer. Contours in conformance with the following: -Slope less than 2% : 2' vertical intervals -Slope 2% to 15% : 5' vertical intervals -Slope greater than 15% : 10' vertical intervals Label all existing and proposed drainage structures i.e., dams, spillways, flumes, culverts, storm drain and note size and type, i.e. earth, concrete, riprap, metal, RCP, VCP, etc. Flow lines of all drainage and water courses, i.e. streams, creeks, swales, etc. 8o Delineation of on-site and contiguous off-site drainage areas including acreages thereof. This should include a contour map of the entire drainage area contributing runoff to the subdivision. Scale should not be smaller than 1" = 2,000' Sufficient design calculations showing final easement sizes and locations. 10. Some drainage areas may require the applicant to generate computer evaluation models (i.e. HEC I, HEC II, etc.) as determined by the City Engineer and Director of Public Works. Should these runs be required, an additional fee sufficient to cover the City's cost of review will be charged the applicant. The fee shall be designated the "Computer Drainage Study Review Fee" as outlined in the current Fee Schedule adopted by City Council. 36. Additional Support Documents required: 3-9 a. A percolation test for each lot which will not be served by City sewer. bo Completed Developer's Agreement (prior to construction of utility and drainage improvements) Certificate of taxes paid from the City Tax Collector Certificate of taxes paid from the Tarrant County Tax Collector Certificate of taxes paid from the Local School District Tax Collector f. Any proposed or existing deed covenants/restrictions g. Any proposed Homeowner's Agreements and/or Documents Do If a Final Plat in any way revises an existing recorded plat, the provisions of Sections 3.06 and 4.06 shall apply. Eo No Final Plat shall be accepted for review for filing unless a Preliminary Plat has been approved and is currently valid. Section 3.04 Plat Showinq, Submittal Requirements: When a tract or parcel of land has not been previously platted and recorded in the County Plat Records, the subdivider may, at his option, elect to combine the Preliminary and Final Plats of a subdivision and submit a "Plat Showing" whenever the tract of land contains less than 10 acres and involves three (3) or less lots and is to be subdivided without change of street location or without substantial effect on City services, drainage or adjacent properties. A subdivision involving more than three (3) lots or which contains 10 or more acres of land shall be considered as a "Plat Showing" only when specifically approved as such by the Director of Public Works. All requirements of Sections 3.01 and 3.03 shall be satisfied for submittal. Bo A Plat Showing of three (3) or fewer lots shall bear the name of the original survey and abstract number in which said property is located as an Addition. It is subdivided into numbered lots out of that survey. The Building Official shall maintain a ledger of assigned lot numbers and shall assign lot numbers in orderly succession. Lot numbers shall be designated in numerical order in sequence with the legal descriptions of the previously recorded plats. No block numbers will appear on the plat or in the legal description. Example: Absalom J. Chivers Survey, Abstract No. 78 3 -10 Submitted as: Lot 1, A. J. Chivers No. 78 Addition Section 3.05 Amended Plat Submittal Requirements: A. Amending Plats are plats which: Alter the interior lot line for purposes of a more build- able area without changing the number of lots. 2. Correct errors defined as follows: a. Correct error in course or distance. b. Add any course or distance that was omitted. Co Correct an error in the description of the real property. Indicate monuments set after death, disability or retirement from practice of the engineer or surveyor charged with responsibility for setting monuments. Show location or character of any monument which has been changed in location or character or was incorrectly shown. fo Correct scrivener or clerical error or omission; may include, but are not limited to lot numbers, acreage, street names and identification of adjacent recorded plats. Correct error in course or distances of lot lines between two (2) adjacent lots where both lot owners join in the proposed revision and neither lot is abolished but does not attempt to remove recorded covenants or restrictions. Relocate a lot line in order to cure an encroachment of a building improvement on a lot line or an easement. Relocate lot lines where all owners join in the application for the plat amendment provided that the amendment does not attempt to remove recorded restrictions or covenants or change the number of lots. Amended Plats shall contain a note describing the correction, framed in a bold line so as to be distinctly visible on the face of the plat. 3-11 Ail requirements of Section 3.01 and 3.03 shall be satisfied for submittal of an amended plat and the following minimum certification shall be added to the owner's dedication on all amended plats: "This plat does not increase the number of lots or alter or remove existing deed restrictions or covenants, if any, on this property." Section 3.06 Plat Revision, Submittal Requirements: A. A Plat Revision is a revision of existing platted lots. Prior to city approval of a plat revision involving four (4) or more lots, a revised Preliminary Plat shall be submitted and approved. In addition, a final drainage study may be required at the discretion of the Director of Public Works. The city Manager or his designated representative may waive the requirement for a Revised Preliminary Plat when the Plat Revision is without significant change of street location, and without substantial effect on City services, drainage or adjacent properties. A revised Preliminary Plat shall include all the area within the limits of the original Preliminary Plat except those areas which have unexpired Final Plat approval from the city unless this requirement is specifically waived by the city. Ail requirements of Section 3.01 and if applicable 3.03 shall be satisfied for submittal of a plat revision and the following minimum certification shall be added to the owner's dedication on all plat revisions: "This plat does not alter or remove existing deed restrictions or covenants, if any, on this property." Section 3.07 Easements: A. General: Easements for utilities, drainage, walkways and other comparable purposes shall generally be located along the side or rear or front lot lines and/or drainage flow lines and shall be labeled "Utility Easement", "Drainage Easement", "Public Access Easement", "Common Access Easement", or other specifically appropriate labeling on the Final Plat. Easements for utilities shall be a minimum of ten feet (10') in width and centered on lot lines unless otherwise recommended by the City's Engineer. 3-12 3 o Easements for drainage, under normal conditions, shall be measured from the centerline of creeks, ditches or drainage channels, and shall be of width sufficient to adequately serve the intended purposes. The City may require, in order to facilitate access from roads to schools, parks, playgrounds, or other nearby roads, perpetual unobstructed access easements for pedestrian or bicycle traffic. Easements dedicated on the plat shall be deemed dedicated to the public and to the City of Southlake unless specified otherwise. Avigation Easement: Ail plats of property in the noise cone as defined in the Zoning Ordinance, shall provide the avigation easement note on the face of any plat intended to be filed in the County Plat Records. (see Appendix) Easement Abandonment: The following procedures are to be used for the abandonment of easements in the city. The Department of Public Works shall maintain the forms and procedures for the abandonment of easements. (see Appendix) In both cases outlined below it will be the responsibility of the applicant to obtain original signatures from the utility company representatives on the mylar to be filed at the county prior to the Zoning administrator obtaining the signatures of approval from the City representative. A processing fee entitled "Easement Abandonment" shall be set by Council in the Schedule of Fees. This fee shall be paid upon submittal of the application and shall not be refunded under any circumstances. During platting: If the property is being platted then the required abandonment statement and signature block should be shown on the face of the Final Plat. The easement to be abandoned shall be shown in faint lines on the plat and clearly marked "to be abandoned with this plat". Not being platted: For all abandonments other than those as noted above, a mylar exhibit clearly defining the easement by metes and bounds must be prepared and include the required abandonment statement and signature block provided by the City Secretary. Offsite Easements: Any necessary easements not shown on the plat shall be procured by separate instrument and shall be the developer or property owner's responsibility. If the developer or property owner cannot obtain a required offsite easement, then the developer or property owner may request that the City assist in the acquisition. The developer must 3-13 Eo make an offer in writing, based on the fair market value of the easement, to the property owner from whom the easement is being acquired. In any event, all costs of obtaining the easement shall be the responsibility of the developer or property owner and the City must be reimbursed for any costs incurred including its attorney's fees, condemnation award and any fees or expenses of litigation whether at the trial or the appellate level or both. Common Access Easements: In an effort to reduce the congestion created by a number of drives along streets while maintaining adequate access to developments, the City may require that "Common Access Easements" be dedicated at the corners of lots not intended for low-medium density residential developments when adjacent to lots of a similar use. These easements will typically be 16 feet in width and 35 feet in length but may vary given the shape of particular tract. 3-14 ARTICLE IV PROCEDURES FOR PLAT APPROVAL Section 4.01 General Provisions: A. Authority For Approval: City Staff: The City Manager, upon receiving a recommen- dation for approval from the appropriate City Staff, the City Engineer, and City Attorney, is hereby granted authority to approve all Amended Plats. Upon approval by the City Manager, the Zoning administrator will obtain the signature of the Mayor and City Secretary and file the plat in accordance with this section. 2 o Planning and Zoning Commission: The Planning and Zoning Commission shall review and recommend approval or disapproval on all plats submitted to the City except Amended Plats. City Council: The City Council shall establish development requirements and adopt guidelines and regulations governing the subdivision of land within the city and it's extraterritorial jurisdiction. The City Council shall receive a recommendation from the Planning and Zoning Commission on each preliminary and final plat submitted to the City and shall then make a final decision as to the approval or disapproval of all plats and ancillary agreements. Bo Standard of Review: In evaluating each plat the P&Z Commission and City Council shall be entitled to evaluate the development proposal on the following factors: Compliance with technical requirements of this Ordinance for the design of lot, block and street arrangements. Compliance with the technical requirements of this Ordinance for the design and construction of streets, utilities and drainage structures. 3. Compatibility with community land use plans. Compatibility with community thoroughfare plans, utility extension plans and community facility plans. 5. Impact on surrounding developments and development patterns. Capability of the existing public works infrastructure to support the development. 4-1 Co Eo 7. Impact of the development on the public school system. 8 o Consistency of the development plan with other municipal regulations such as zoning regulations and airport zoning regulations. The fiscal impact of the development on the city as a whole when analyzing the municipal costs of supporting the development when compared to direct and indirect tax revenue generated by the development. Proper Zoning Required: No plat within the corporate limits of the city shall be approved until the proper zoning embracing such plat has been approved and duly adopted by the city. Plat Review:After acceptance of the plat submittal, all plats shall be examined by the City Staff and their appointed repre- sentatives. This review will be made available to the applicant. Any appeals by the applicant to the stipulations shall be submitted in writing to the City in accordance with the schedule adopted by the Council. Plat review stipulations may include those generated by City Staff and their representatives, members of the Commission. Such stipulations may include those outlined in this ordinance and other ordinances of the city, and/or stipulations which are reasonable in nature and intended to promote the health, safety, and general welfare of the community. The stipulations of the Plat Review are hereby made conditions of plat approval unless specifically amended by the City Council. Construction Document Review: Construction Plans/Specs.: Construction plans, specifi- cations and related documents shall not be required as a prerequisite to the approval and filing of a Plat. However, some portion of the construction documents may have to be prepared by the Applicant and submitted for review and approval prior to filing of the Plat should the Plat be potentially impacted by a construction related issue. Approval of construction plans will be a prerequisite to the initiation of any construction. Plan preparation, submittal and review are outlined in related ordinances of the City. A separate fee entitled "Construction Plan Review Fee" in the schedule of fees as adopted by City 4-2 Ho Council shall be paid upon the submittal of construction plans. 2 o Off-site Drainage Study: An off-site drainage study may be required with the submittal of construction plans. This may analyze upstream and/or downstream impacts and should address any improvements needed off-site to prevent flooding of established developments. If required, this study shall be a prerequisite to the start of construction. Developer's Agreements: No utility, street or drainage improvement construction or any public or private improvements shall be allowed until a developer's agreement has been approved by Council unless this requirement is waived by the Council upon a showing of good cause. The developer's agreement shall, among other things, address the physical public improvements, i.e. streets, water, sewer, storm drainage, street lights, street signs, and other applicable required services, features or facilities, which are to be installed in the subdivision. Such agreement shall be based on cost estimates thereof, prepared by the subdivider's engineer and reviewed by the City Engineer. Action Required: Ail plats shall be approved or disapproved within the time frame established in Chapter 212 of the Texas Local Government Code unless the applicant requests that such plat be tabled. Recording of Plats: Within fourteen (14) days after the later to occur of plat approval and compliance with all stipulations of approval, acceptance of fiscal agreements, payment of fees and assessments, and payment of current and delinquent taxes due, the plats shall be recorded in the County Plat Records by the City. The Final Plat shall not be returned or released to the subdivider until recorded as provided above. Original Signatures on Mylar: Ail plats intended to be filed by the City in the County Plat Records must be signed and notarized as described in the "Procedure for Recording of Plats" available from the Zoning administrator. (see Appendix) There are different procedures for Tarrant and Denton Counties. A common requirement is that all revisions to the plat shall be made prior to running the black-line mylars which are to be signed by the owner, notary, surveyor, and City representatives. The mylars and prints required by the Counties ~hall not be accepted for filing by the City if there is any other original ink, other than signatures and seals, appearing on the plat. The Zoning administrator will then obtain signatures of the appropriate City representatives. 4-3 Special Filings: In the event that a special filing with the County is requested by the applicant, a check payable to the City of Southlake shall be submitted to the City Secretary in the amount of the appropriate fee and expenses. Fees for special filings of plats shall be set by resolution of the City Council. Two-County Plats: In the event that a plat encompasses land that is within both Denton and Tarrant Counties, an additional fee will be charged sufficient to cover the additional filing costs and expenses of filing in both counties. Request not to File: Should the applicant decide to direct the City not to file the approved plat, a letter must be submitted to the City from the applicant prior to the City filing the plat requesting that the plat not be filed in the County Plat Records. I. Expiration of Plats: Preliminary Plat: A Preliminary Plat shall expire two years from the date of approval. Said expiration date shall be extended one year from the latest date of filing a Final Plat on a portion of said Preliminary Plat in the County Plat Records. Ail other plats: A Final Plat, Plat Revision, Amended Plat or a Plat Showing which has not been recorded in the County Plat Records within one year of the date of approval shall expire. Extensions: The City Council may extend the expiration date of an approved plat upon written petition for such extension by the owner prior to the expiration of the plat but not to exceed one (1) year. Resubmittal: Upon the expiration of a plat, the applicant must proceed through the applicable process in its entirety, to include fee submittal and the review process. It shall be the applicant's responsibility to monitor the timing of the plat and the potential for expiration. Section 4.02 Preliminary Plat, Processinq: The Preliminary Plat will be scheduled for consideration on the first available Planning and Zoning Commission agenda as determined by the date of acceptance for review and the calendar schedule adopted by the City. 4-4 In the event a public hearing under the requirements of Chapter 212 of the Local Government Code is required on any area contained within the Preliminary Plat, it shall be scheduled and due notification given for the hearing to be held by the Planning and Zoning Commission. After the Planning and Zoning Commission has reviewed the preliminary plat and forwarded a recommendation to the City Council the Council shall consider the preliminary plat and approve or disapprove it. Upon approval of the Preliminary Plat by the Council, the applicant may submit a Final Plat on all or a portion of the property contained in the approved Preliminary Plat. Upon disapproval of a Preliminary Plat, the subdivider may, at any time, submit a new design for processing following the same procedure as required for the original application including fee submittal. Section 4.03 Final Plat, Processinq: ao Approval of the Preliminary Plat by Council after the effective date of this Ordinance, shall constitute conditional approval of the Final Plat. Bo The Final Plat will be accepted for review, Plat Review comments generated and a copy of this review given to the applicant. The Final Plat accompanied by the Plat Review comments shall then be sent to the Planning and Zoning Commission and then the City Council for action. Section 4.04 Plat Showinq, Processinq: Plat showings shall be accepted by the city, scheduled for plat review and recommendation by the city Staff and their representatives, and placed on the agenda of the Commission for review and action in accordance with the adopted schedule. Section 4.05 Amended Plat, Processinq: ao Amending Plats as defined previously shall be reviewed by the City Manager or his representative. No stipulations except those pertaining to the accuracy/clarity of the face of the plat or the provision of adequate utilities or payment of delinquent fiscal charges shall be added as a condition of filing such a plat and no changes may be shown other than as specified in this ordinance. Bo The plat shall go through the plat review process and a copy of this review shall be given to the Applicant. The Applicant 4-5 must make necessary corrections prior to obtaining approval from the City. When approved for filing by the City Manager, signatures shall be obtained and the plat shall be filed in accordance with this ordinance. Should any of these conditions Applicant, Amending Plats may be Plat Revisions. prove unacceptable to the submitted and processed as Section 4.06 Plat Revision, Processinq: Au Plat Revisions shall be submitted to the City, scheduled for review and recommendation by the city Staff and their representatives, and placed on the a~enda of the Commission and Council for review and action in accordance with the adopted schedule. Replats or revisions involving property which during the preceding five (5) years was limited by an interim or permanent zoning classification to residential use for not more than two residential units per lot; or was limited by deed restrictions to residential use for not more than two residential units per lot shall be processed in accordance with Chapter 212 of the Local Government Code. A plat revision of property which has not been limited by an interim or permanent zoning classification to residential use for not more than two residential units per lot and which contains an executed certification stating that no deed restrictions exist on the property which require one or two dwelling units per lot shall be processed only after a Public Hearing is called and notification given as required by State Law. Exemptions. A public hearing shall not be required for a Plat Revision meeting the following requirements: Plat Revision of an original one lot plat which has not been subdivided. The immediately preceding plat or replat of the subdivision has been vacated in accordance with Chapter 212 of the Local Government Code. Ail property owners within the previous subdivision join in the replat by certification on the replat. The proposed revision involves only a correction of error as described previously under Amended Plats. 4-6 ARTICLE V STREET ~2~D RIGHT-OF-WAY REQUIREMENTS The following general requirements are to be applied in any subdivision that involves one or more streets of any classificat- ion. Section 5.01 General: Thoroughfare Plan: The streets of a proposed subdivision shall conform to the general intent of the approved Thoroughf- are Plan. It will be the responsibility of the City's Engineer to determine final alignment and related R.O.W. dedications. Bo Continuity of Street Systems: Proposed streets for a subdi- vision shall be effectively related to the present and future street system and development of the surrounding area. Any proposed streets shall provide for appropriate continuation or completion of any existing streets, whether constructed or dedicated, which project to the limits of a proposed subdivision or are adjacent to the subdivision. In the event that dead end streets either dedicated or constructed are not to be extended, permanent turn around facilities shall be constructed by the developer not extending such street. Appropriate provisions (Section 5.03-K-1) shall be made for access to adjoining unsubdivided land. Adequate Emergency Access: To insure adequate access to each subdivision, there should be at least two (2) planned points of ingress and egress, except that cul-de-sacs shall be permitted in conformity with Section 5.03-I. The Council may require that more than two access points be constructed if the configuration, nun~ber of lots, or other consideration creates the need for the additional access points. Controlling Access Strips: The reservation of private owner- ships of strips of land at the end of or alongside proposed or existing streets which are intended solely or primarily for the purpose of controlling access to property not included in the subdivision shall be prohibited. Eo Half-Streets: Half-streets shall be prohibited except where essential to the reasonable development of the subdivision in conformance with other requirements of this ordinance, and where the Council finds it will be practicable to obtain dedication when the adjoining land is platted. Fo Private Streets: The developer, may, at his own option, choose to provide private streets in the subdivision plans. 5-1 Construction and maintenance of these private ways will be the responsibility of the developer and/or subsequent owners. All private streets shall conform in design, width and construction, including the R.O.W. thereof, with all require- ments for public streets as controlled by this and other ordinances of the City. Additionally, all areas designated for private streets or other access ways shall also be designated as Public Drainage and Utility Easements. Alleys: Alleys shall not be allowed unless specifically approved by the Council. H. Limitations on Driveway Access: Access Prohibited: To minimize traffic hazards created by numerous intersections along major thoroughfares, where a residential subdivision will abut on or contain an existing or proposed arterial street, the plan shall be designed so that direct vehicular access from any residential lot to such arterial street is prohibited. Where other means of access are not available or permit- ted, alleys or private easements for access shall be provided when specifically approved by the Council. The street system should be designed to allow a minimum of individual access drives to collector streets. High Density Residential Access: For the benefit of traffic safety in areas of higher density residential development, high density residential subdivisions shall be designed to provide rear entry access from a private access easement where the characteristics of the particular subdivision render such access appropriate for the benefit of the public health, safety and welfare. Plat Requirement: The following note may be required on the face of any plat intended to be filed in the County Plat Records. "No lot within this addition shall be allowed driveway access onto Street" Section 5.02 Riqht-Of-Wa¥ Requirements: ao Street right-of-way shall be as shown in the Thoroughfare Plan, and where not shown therein, shall be not less than the following: 5-2 Street Type Riqht-of-Wa¥ Width State/County ....................... varies (100'-500') Arterial (Boulevard) ................ 84 feet Collector ........................... 64 feet Minor Collector..(Commercial-Ind.).. 60 feet, 60' Rad. Minor Collector .... (Residential) .... 50 feet, 50' Rad. Local Street ..... (Commercial-Ind.).. 60 feet, 60' Rad. Local Street ....... (Residential) .... 50 feet, 50' Rad. Sac Sac Sac Sac Additional R.O.W. may be required at intersections where adjacent property is zoned commercial, industrial, or other high intensity use for the purposes of providing free right turns, center turn lanes, or other beneficial alignments which are intended to alleviate existing or potential traffic congestion. Additional R.O.W. dedications street intersection offsets, Engineer. may be required to eliminate as determined by the City The owner shall be required to dedicate right-of-way as shown in the Thoroughfare Plan, or as required in this section for all streets, or parts thereof, within or at the perimeter of the subdivision as a prerequisite for plat approval unless specifically stated otherwise. In the event that a major state or county thoroughfare lies within or directly adjacent to a development, the development shall only be required to dedicate such right-of-way as reasonably relates to the need created by and the benefit received by that development. In no event shall a development be required to dedicate a right- of-way greater than one hundred and twenty (120) feet in width. Section 5.03 Street Design Requirements: A. Curvilinear Design Requirements: Compliance: Subdivisions located in the residential zoning districts which will contain lots of less than one acre in size shall design and provide for all minor and local streets in a curvilinear manner, except when: In the determination of the Planning and Zoning Commission the shape or topography of the subdivision, existing zoning or the pattern of the adjacent street system would make the provision of such curvilinear streets impractical. bo The subdivision contains ten (10) or less gross acres of land and was not acquired or conveyed out of a larger tract of land without benefit of plat 5-3 Be approval and recording in accordance with the provisions of this ordinance. Co The subdivision is part of and conforms to an unexpired preliminary plat approved prior to the date of the approval of this ordinance. 2 o The maximum centerline radius for such streets shall be eight hundred feet (800'). Ail cul-de-sacs and block lengths of eight hundred feet (800') or less shall be considered as meeting the intent of the curvilinear street standards provided each end of the frontage street terminates at the block's end. The requirements contained herein for the provision of curvilinear streets shall be presumptively complied with when fifty percent (50%) of the lots fronting on local streets within the subdivision have a curved front lot line for more than fifty percent (50%) of the lot fron- tage. Design Speed: The alignment and design of streets should be such that arterial streets have a safe running speed of 40 miles per hour, collector streets have a safe running speed of 30 miles per hour, and residential streets have a safe running speed of 20 miles per hour. Intersecting Angles: No street intersecting an arterial street shall vary from a 90 degree angle of intersection by more than 10 degrees. Intersections involving a collector street shall not vary from 90 degrees by more than 20 degrees. Intersection Offsets: The number of minor or local street offsets should be minimized but, when approved, should offset a minimum distance of one hundred twenty-five feet (125') on center lines. At the intersection of two collector and/or arterial streets, no offsets shall be permitted. Hierarchy of Street Pattern: Where a development will abut or contain an existing or proposed arterial street, a plan shall be approved which would provide a minimum number of intersections along each arterial street. Arterial streets should be intersected only by other arterial streets or collector streets rather than minor streets. There shall be a minimum of two thousand feet (2,000') between intersections of arterials and/or collector streets. Minor collector streets may intersect arterial streets upon specific approval of the Director of Public Works. There shall be no median break at such intersections and they must be at an interval of 600' or greater. Minor or local streets should be planned to serve only local traffic. 5-4 Horizontal Alignment: 1. Centerline Radius: The following minimum centerline radii shall be used in the design of all street construction: STREET TYPE MINIMUM RADIUS Arterial 84' R.O.W. Collector 64' R.O.W. Minor Collector 50'-60' R.O.W. Minor or Local 50'-60' R.O.W. 1,000 feet 600 feet 400 feet As approved by City's Engineer Common Tangents: Reverse Circular Curves having a common tangent shall be separated by a tangent section in accordance with the following table: TYPE STREET MINIMUM TANGENT BETWEEN CURVES Arterial Collector Minor Collector Minor or Local 200 feet 100 feet 50 feet As approved by City's Engineer Vertical Alignment: Minimum Grades: No streets shall be designed or con- structed to a grade less than 0.5 of one percent (1%) unless by prior approval of City's Engineer. Maximum Grades: No streets shall be designed or con- structed with grades in excess of the following: TYPE STREET MAXIMUM GRADE Arterial Collector Minor Collector Local or Minor 6.0% 8.0% 10.0% As approved by City's Engineer Vertical Curve Lengths: In order to maintain adequate sight distance, the following minimum lengths of vertical curves shall be required: 5-5 TYPE STREET MINIMUM VERTICAL CURVE LENGTH Arterial Collector Minor Collector Local or Minor 50 feet for each algebraic percent difference in grade 50 feet for each algebraic percent difference in grade 50 feet for each algebraic percent difference in grade As approved by City Engineer Variations: In the case of existing topographic features which prohibit the reasonable use of the above-specified design requirements, consideration will be given for a variation. A request for such variation must be made in writing to the City and must include an accurate topographic map of the area in question showing the proposed design. Cul-de-Sacs: Generally, a maximum number of twenty (20) dwelling units should be permitted on a cul-de-sac street permanently designed as such. Additionally, the length of the Cul-de-Sac should not exceed 1,000 feet or be less than 150 feet in length. However, density of development, topography, lot sizes and other significant factors will be weighed in determining the length of a cul-de-sac street. Block Lengths: Residential and industrial blocks generally shall not be longer than 1,200 feet and business blocks not longer than 1,000 feet with the optimum being 900 feet. Conditions of topography, surrounding platted subdivisions or circulation requirements may dictate further study of the block length. Extremely short block lengths should be avoided as well to eliminate the potential for increased traffic congestion created by too many intersections. Council may require a public walkway midway in a block for the purpose of allowing pedestrian access to parks, schools, etc. The minimum width of the right-of-way for a public walkway (other than sidewalks) shall be six feet (6'). The entire right-of-way shall be paved. Dead-End Streets: Future Connections: Dead end streets shall be permitted only where a future extension or connection is to be made. Street stubs shall be provided into adjacent property at a minimum of 1,000 feet apart. Drainage Improvements: Proper provision shall be made for adequate storm drainage at the ends of dead end streets. 3 o Barricades: Appropriate barricades and other traffic controls shall be installed by the developer at dead 5-6 ends, in accordance with the Paving and Drainage Ordinances. Temporary Turnaround Easements: In the event that a dead-end street is allowed, the City may require an adequate cul-de-sac or temporary turnaround easement to be shown on the plat on dotted line. Provide that cul-de-sac have a 60' right-of-way radius and fifty feet (50') for pavement measured from back of curb. 5-7 ARTICLE VI WATER, SEWER, PAVING AND DRAINAGE IMPROVEMENTS Section 6.01 Water and Sewer Improvements General Policy: It is a general policy of the City that all water and sewer improvements within, adjacent to, servicing, or being impacted by any proposed subdivision be regulated by the City. Controlling Ordinance: Ail requirements related to water and sewer improvements which are within, adjacent to, servicing or otherwise being impacted by any proposed developments are described in the most current ordinance related to Water and Sewer Improvements as adopted by the City, and are hereby adopted as a part of this ordinance as if included in its entirety. Section 6.02 Pavinq and Drainaqe Improvements: General Policy: It is a general policy of the City that all paving and drainage improvements and related improvements within, adjacent to, servicing, or being impacted by any proposed subdivision be regulated by the City. Bo Controlling Ordinance: Ail requirements related to paving and drainage improvements which are within, adjacent to, servicing or otherwise being impacted by any proposed developments are described in the most current ordinance related to Paving and Drainage Improvements as adopted by the City, and are hereby adopted as a part of this ordinance as if included in its entirety. 6-1 ARTICLE VII PARK AND RECREATION DEDICATION REQUIREMENTS Section 7.01 Park and Recreation Dedication Requirements: Purpose: The requirements for open space, park and recreational areas contained in this ordinance are intended to ensure that in new residential developments in the City of Southlake there will be sufficient land dedicated or otherwise set aside to meet the demand and need of the future residents of the development for open space, and neighborhood parks, containing passive or active recreational areas that are reasonably attributable to such development. In determining the size of the parcel, or parcels, that should be set aside and reserved in the manner set out in this ordinance, the City Council has taken into consideration the projected growth in population and development within the municipality and the amount of open space and park and recreational facilities needed to accommodate such growth. It is the policy of the municipality that when land is dedicated or otherwise set aside and reserved for open space and park and recreational development it is designed to serve and shall be of such size, character, and dimensions as is necessary to provide usable open space and park and recreational areas. 2 o Application: No final subdivision plat shall be approved on any development until the dedication requirements of this' section have been met. For any plat including an existing residential dwelling the lot with the existing dwelling shall be exempt if the residential dwelling remains on the lot. Section 7.02 Park and Open Space Policy: ao The City Council of the City of Southlake has adopted a comprehensive plan for the provision of park land, open space and recreation areas and facilities. Said plan is to be maintained and updated by the City Planing and Zoning Commission and City Park Board as a part of the comprehensive planning process. Under this plan, the City Council has determined that one acre of park land or dedicated open space shall be required for each fifty (50) residential lots or living units placed in development. This requirement is based upon the recent development trend of the community which is resulting in an average of two residential dwelling units per acre~ Existing population by housing unit statistics reflect a population density of approximately three individuals per living unit. The City Council, as a portion of its park and recreation planning activities, has determined 7-1 Co that one acre of park or dedicated open space should be provided for each 150 residents of the City. Although commercial and industrial development does not generate residential occupancies per se, it does create environmental impacts which may negatively affect the living environment of the community. These impacts may be ameliorated or eliminated by providing park or open space areas which buffer adjoining land uses, prevent undue concentration of paved areas, allow for the reasonable dissipation of automotive exhaust fumes, provide natural buffers to the spread of fire or explosion, and provide separation of lighting, waste disposal, and noise by-products of commercial and/or industrial operations and activities from adjacent residential areas. The City Council has therefore determined that commercial and industrial activities should provide dedicated parks and/or reserved open space at a level of one acre of land for each 50 gross acres of development or portion thereof. In compliance with the terms and conditions of this ordinance, each subdivider or developer, in the course of subdivision, shall comply with the following: Whenever a final plat is submitted to the City of Southlake for approval, such plat shall contain a clear fee simple dedication to the City of Southlake of an area of land for park purposes, which area shall equal one acre for each 50 residential lots or living units to be covered by the residential development and/or 50 acres of land projected for commercial or industrial development. Multi-family development shall be assessed on a living unit rather than lot basis. Each duplex, triplex, fourplex or apartment development shall be required to reflect the number of living units to be incorporated in the development on the preliminary and final plat submissions. 2 o The City Council has determined that the development of an area smaller than five acres in size for public park purposes is impractical and creates unreasonable and unnecessary maintenance and operating expenditures. In appropriate circumstances, the Council may accept a dedication of park land of less than five acres. However, if fewer than two hundred fifty (250) lots or living units of residential development or 250 acres of commercial or industrial development are projected for development on the final plat, the subdivider or developer may be required to pay a fee in lieu 7-2 3 o of dedication to be used by the City for the acquisition of park or open space areas. The fee shall be determined as set forth in Section 7.03 below. In any case where a dedication is required the City shall have the right to accept the dedication as submitted for approval on the final plat, or in the alternative, to refuse dedication of the same, and in lieu thereof to require payment of cash under the formula set forth in Section 7.03 below or to allow the developer to construct recreation or park improvements. The City may permit a combination of dedication, improvements and fees to be used to fulfill this requirement. Any developer, irrespective of the size of the proposed development, who desires to pay a fee or construct public improvements in lieu of the dedication of land, may make such a proposal to the City Council, who may agree to accept the payment of a fee or the construction improvements in lieu of dedication or some portion thereof. In conformity with its park and recreation plan the City may choose to purchase and improve a tract of land for park or recreation development prior to the initiation of any subdivision platting activity in the immediate area. If the City acquires propert~ in such a manner, it may utilize any fees in lieu of dedication collected from platted subdivisions or developments to reimburse the municipal account from which funds were drawn to acquire the park or open space site. If a developer desires to incorporate private park, recreation or open space areas or amenities within his development he may receive limited credit for these facilities against his public open space dedication requirements. A developer shall be entitled to request credit for any private park, recreation or open space area, but such private park, recreation or open space amenities may never satisfy more than 50% of the total park and open space dedication requirement. NO land dedicated or otherwise reserved in compliance with this article shall have dimensions smaller than one hundred (100) feet in width and one hundred fifty (150) feet in depth. In any development which includes wooded areas, flood plains, or other natural features which are 7-3 desirable to maintain, the City Council may grant an exception from the strict application of these minimum dimensions whenever it determines that by doing so the protection and preservation of such areas will be promoted. Section 7.03 Fees in Lieu of Dedication: In order to ensure that park and open space areas are provided in such locations and sizes as to best meet the recreational needs of the community, the City Council has established a provision to receive the payment of fees in lieu of the dedication of land area. A. Annually, during its budget adoption process, the City Council of the City of Southlake shall establish a raw acreage acquisition cost figure to be used in calculating park fees. The Council shall, after reasonable study and investigation and based upon the best available information as to land and property values within the community determine what the cost would be of acquiring one acre of vacant land in a developing area of the community. This figure shall be the raw acreage cost under which all park fees are calculated for the budget year. B. If a developer should be required or choose to make a payment of fees in lieu of the dedication of land for park and recreation purposes he will notify the Planning and Zoning Commission of the number of acres projected for development in his final plat at the time of final plat submission. The City will then determine how much land the developer would have been required to dedicate by determining what percentage of a full 50 lot residential or 50 acre commercial or industrial subdivision is covered by the land area within the area to be platted. Where a developer is proposing to pay a fee in lieu of land dedication for an area larger than 50 lots, the method of calculation is identical but the percentage will exceed one hundred percent. C. The subdivider will pay the applicable fee to the City Secretary prior to the execution and approval of the Developer Agreement. D. Funds received by the City Secretary pursuant to this provision will be deposited in a special escrow account denominated as the Park Land Account of the City of Southlake. Funds placed in this account may be expended only for the purchase, lease, or other acquisition of park and open space areas by the City of Southlake, the improvement and site preparation of such areas and sites, the extension of utilities to such sites, the installation of landscaping, play equipment or recreation improvements on such sites, and/or attendant engineering and planning costs associated with such park activities. Funds placed in this account may not be utilized for any other general business activity of the City. All expenditures from this fund shall be made in accordance with 7-4 the City's park and recreation plan and shall be approved by the City Council of the city of Southlake, Texas. Any individual, organization or entity desiring to make a contribution to the park and recreation system of the City of Southlake may contribute funds to be placed in this account. Once funds have been placed in this specific account of the City, they are bound by the restriction on use encumbering funds paid as a fee dedication requirement. Section 7.04 Character of Dedicated Land: Land dedicated or otherwise set aside for open space and park and recreational areas shall be of such size, dimensions, topography, and general character as is reasonably required for the type of use necessary to meet the demand and need of future residents, e.g., open space buffer, active recreation for team or individual sports, playground, tot lot, picnic area, etc. 2 o Natural areas or flood plains which provide unique opportunities may be included in areas dedicated or otherwise set aside or reserved for open space. In considering any area for dedication which does not meet the standards of this ordinance and where the ordinance allows the municipality to employ its discretion, the following may be considered: Preservation area of unique natural beauty, area possessing unique natural features, or other ecologically valuable areas. bo Facilities may be developed in partial fulfillment of required parkland dedication. Whether the area is proposed to be contiguous to an existing or proposed school site. A combination of land dedication and fees paid in lieu of a portion of the land dedication. Where developments are contiguous two or more required dedications may be combined to form a single, viable park area. Acreage dedication which would expand existing parks or recreation facilities. An applicant may transfer the required parkland in a subdivision to another location owned by the same applicant within the City of Southlake with the consent of the City. 7-5 Section 7.05 Maintenance of Private Parkland: so If the open space and park and recreational areas required by this ordinance are to remain private, such areas shall be maintained by and deeded to a homeowners' association, or a trustee. No plat containing a reservation of private open space and park and recreational areas shall be approved until the applicant shall have filed with the City a declaration of the covenants and restrictions that will govern such association or trustee, and received approval of the same from the Planning and Zoning Commission and the City Council. Such instrument shall be approved by the City Attorney as to legal form and effect, and the City Council as to the suitability of the proposed use of the proposed open space and park and recreational areas. The covenants and restrictions, when submitted, shall provide: For establishment of the homeowners' association or trust prior to the sale of any part of the property, that the covenants and restrictions and maintenance shall be permanent, that the homeowners are liable for the payment of maintenance fees and capital assessments, that unpaid homeowners' fees and assessments will be a lien on the property of the delinquent homeowners, that the association or trustee shall be responsible for liability insurance, taxes and perpetual maintenance, that membership shall be mandatory for each homeowner and any successive buyer, and that eac~ homeowner, at the time of purchase, shall be furnished with a copy of the approved restrictions or conditions. Section 7.06 Plattinq Requirements: Any land dedicated or otherwise reserved under this ordinance for open space or park and recreational areas shall be shown on the face of a plat submitted for approval by the Planning and Zoning Commission. The land proposed to be dedicated or otherwise reserved shall be submitted by the developer or owner simultaneously with the filing of the preliminary plat to the city staff for consideration by the Planning and Zoning Commission for recommendation to the City Council. Upon approval, the final plat shall be filed of record in Tarrant County. Section 7.07 Facilities Improvements in Lieu of Reservation of Open Space or Park and Recreational Areas: A developer may have the option of improving existing facilities of municipal parks or developing dedicated parkland in lieu of parkland dedication or payment of cash. Should any of these options be exercised, the municipality and the developer shall, prior to initiation of work on such improvements, enter into an agreement for credit of expenses for authorized park improvements. 7-6 In no case shall the municipality be required to reimburse 'the developer if he chooses to improve parklands at a greater amount than required. Such agreement to provide facility improvements in lieu of dedication or reservation shall be clearly noted on the face of the preliminary plat at the time of submission to the City for action. Section 7.08 Prior Dedication or Payment of Cash in Lieu of Dedication or Reservation: Credit shall be given for any dedication or reservation of open space or park land (but not in excess of 50% of the requirement if the park land is private) or payment of cash in lieu of dedication or reservation made pursuant to this ordinance or deed restriction prior to the date of passage of this ordinance. 2 o If a dedication or cash payment in lieu of dedication requirement arose prior to the passage of this Ordinance, that dedication or cash payment in lieu of dedication requirement shall be controlled by the provisions of the ordinance in effect at the time such obligation arose, provided the final subdivision plat has been filed with the City for approval prior to the passage of this Ordinance. 3 o At the discretion of the City Council, any former gift of land to the municipality may be credited on a per-acre basis toward eventual land dedication requirements imposed on the donor of such lands. The City Council shall consider the recommendations of the Planning and Zoning Commission and the Park Board in exercising its discretion under this paragraph. The City Council may, at its discretion accept any combination of land, facilities improvements, or monies in compliance with this ordinance to meet the demands and needs of future residents. Section 7.09 Standards for Dedicated Parklands: That the Owner and/or Developer agree that no construction materials be disposed of or deposited within the park by its contractor, subcontractors, employees or agents at any time while the subdivision is being built. If materials are deposited or disposed of within the park, the Owner and/or developer will be required to remove these materials within 72 hours of written notice by the City. That each corner of the parkland to be donated be permanently monumented with 3/4" iron pins set in concrete. These shall be located and identified on a recordable plat or land survey completed by a land surveyor registered in the State of Texas and provided to the City by Owner and/or Developer. 7-7 That before the City accepts this land, the developer shall remove all trash and dead trees. That the developer provide for adequate drainage through the proposed park to eliminate standing water and health hazards. 5o A minimum size of 6" water main and sewer where available to be stubbed to the park area, in location(s) specified by the Director of Public Works to provide for future water and sewer needs of the park. Sidewalks where applicable be constructed that provide contiguous walkways. Signage designating this area as parkland may be supplied by developer and/or owner. The selection and type of signage will be approved by the Director of Public Works. Any detention ponds and/or other drainage facilities to be placed in areas which are to be dedicated as parkland must be designed and constructed to allow for dual recreational use. Construction plans may be required to demonstrate that the design, placement, and construction of such ponds meets the requirements of the Director of Public Works. 9 o Developer shall meet with Director of Public Works to establish a written punch list of all the above items. The City Council may, at its discretion accept any combination of land, facilities improvements, or monies in compliance with this ordinance to meet the demands and needs of future residents. Microsoft®Press 7-8 ARTICLE VIII MISCELLANEOUS REQUIREMENTS Section 8.01 Lottinq Requirements: A. Every lot shall abut on a Public Street or a private street. Bo Ail lots, regardless of zoning or whether or not zoned, that are not served by a public or quasi-public community sewer system, shall contain a minimum area of one acre to support a private septic tank and leach field. Commercial or Industrial lots may be allowed a smaller lot size upon approval of the proposed sewage treatment system by the Director of Public Works. A subdivision may, at the discretion of the Commission, be deemed to be served by a public sewer system if a Developer Agreement has been executed with the City outlining provisions for extending public sewer service to the development and providing for payment by the development of all required approach main, connection and impact fees necessary to acquire the service. Double fronted residential lots shall not be allowed. However, lots which are backed up to an arterial street shall be allowed when there is no access allowed from these lots to the arterial street. Ail lot lines shall be perpendicular to the R.O.W. lines or radial in the case of a cul-de-sac or curvilinear design. A row or tier of lots having a minimum lot width of 125 feet at the rear property line shall be provided adjacent to any property meeting either of the following criteria: The tract is currently zoned or platted residential and contains lots of one acre or larger. The tract is shown on the approved City Land Use Plan to be designated for lots of one acre or larger in size. 3 o Buffer lots - 30,000 minimum next to platted SF1 or R40 subdivision. Ail corner lots within the municipal city limits shall have setback lines on both streets equal to the front setback line as required by the Zoning Ordinance unless such lots align back-to-back with another lot which would allow both lots to show a side-yard setback along the side street. Ail lots within the Extraterritorial Jurisdiction of the City shall have a minimum 40' building setback line from all streets adjacent to the lot. 8-1 Io Ail lots within the City Limits shall meet the requirements of the zoning ordinance of the City. Section 8.02 Siqht Trianqle: Definition: A sight triangle shall be the triangle created by connecting a point which is 10 feet along the R.O.W. at the intersection and a point extending away from the intersection a distance of 40 feet. This line shall extend by projection to the back of curb on improved streets or the edge of pavement on unimproved streets along both streets impacted. The sight triangle herein referenced shall include all area between the above defined line and the street pavement. Restriction: There shall be no tree, shrub, plant, sign, soil, fence, retainer wall or other view obstruction having a height greater than two (2) feet within the sight triangle as defined above. This height shall be measured above a line drawn between the top of curb or edge of pavement of both streets at the point where the referenced line intersects the top of curb or edge of pavement. This restriction shall not apply to trees within the triangle having a diameter of less than twelve (12) inches when such trees are trimmed at all times so that no branch or growth is less than seven (7) feet above the above referenced measurement line. Plat Requirement: Ail final plats which are subject to the regulation of this ordinance and have intersections of public R.O.W. shown on the plat shall have the following statement on the face of the plat prior to filing in the County Plat Records. "The owners of all corner lots shall maintain sight triangles in accordance with the City Subdivision Ordinance.', Section 8.03 Monuments and Markers: Permanent Survey Reference Monuments: Concrete monuments, eight (8) inches in diameter and twelve (12) inches long, shall be placed on all boundary corners which are along existing dedicated R.O.W. at the perimeter of the subdivision. A 5/8" diameter iron rod having a minimum length of 18" shall be placed flush with the top and at the center of the concrete monument. The monuments shall be set at such an elevation that they will not be disturbed during construction and the top of the monument shall be flush with or just below the finished ground elevation. (See detail sheets) 8-2 Other Markers: Lot corners, block corners, curve points, and angle points shall have markers which are five-eights (5/8) inch reinforcing bar, eighteen (18) inches long, or approved equal, and shall be placed at all corners flush with the ground, or below ground, if necessary, in order to avoid being disturbed. Installation of Monuments. Monuments shall be installed before recordation of the final plat except in those cases where the subdivider assures that the improvements will be made in accordance with this ordinance and that, upon completion of all improvements, he will install monuments as required herein. In such case, the subdivider's engineer or surveyor shall furnish the City a letter of assurance certifying that he will install the monument as required. Monuments in Streets: When placing of monuments in streets is postponed, adequate ties to the boundary line shall be shown on the plat in order that monuments may be correctly located and installed following the paving of streets. Benchmark Monuments on Headwalls: A brass cap approximately 2" in diameter shall be placed on top and at one end of all culvert headwalls within or at the perimeter of the development. Monument Verification. Prior to acceptance of subdivision improvement by the City, the developer's surveyor or engineer shall certify that all monument and markers are in place and correctly positioned. No building permit shall be issued prior to acceptance of the subdivision. 8-3 ARTICLE IX MISCELLANEOUS PROVISIONS Section 9.01 Modifications and Variations: no Compliance: Where the Council finds that compliance with these regulations would cause unusual hardship or extraordi- nary difficulties because of exceptional and unique conditions of access, location, shape, size, drainage, or other physical features of the site, the requirements may be modified to mitigate the hardship, provided that the public interest is protected and the development is in keeping with the general spirit and intent of this ordinance. This section shall not be interpreted to permit the development of land which is inherently unsuitable for the use proposed. 2 o Any modification will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this ordinance. Discretion of Council: At the discretion of the Council, the normal standards and requirements of this ordinance may also be modified in the case of a Planned Unit Development. Such departures from the standards specified may be made only when the Council finds that the plan provides for convenience and safe access, adequate space for recreation, and provision for light and air, and offers all essential utility services and necessary public and other facilities, and is in conformance with all provisions of the City Code which specifically apply to Planned Unit Development. Section 9.02 Violations: Fines: Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed. The above penalty shall not apply to a violation in the City's extraterritorial jurisdiction. Two Thousand Dollars and No Cents ($2,000.00) for all violations affecting involving fire safety or public health and sanitation and Five Hundred Dollars and No Cents ($500.00) for all other violations. Each day that a violation is permitted to exist shall constitute a separate offense. Injunctions: The City shall have the right to institute an action in a court of competent jurisdiction to enjoin the vio- lation of any provision of this ordinance within it's municip- al boundary or within its extraterritorial jurisdiction, and 9-1 this remedy shall be in addition to any penal provision in this ordinance or in the Code of the City. Permit Denial: No building, plumbing , electrical, mechanical, excavation, permits, zoning actions, certificates of occupancy or authorizations for utility service connection shall be made for any construction, activity or occupancy occurring on a lot, tract or parcel in an unrecorded subdivision or development until the subdivision or development is brought into compliance with the terms and conditions of this Ordinance. Section 9.03 Severability of Provisions: ao It is hereby declared to be the intention of the City Council of the City that any word, phrase, clause, sentence, paragraph, section or part in or of this ordinance shall be severable. If any court of competent jurisdiction shall judge any word, phrase, clause, sentence, paragraph, section or part in or of this ordinance to be invalid, such judgement shall not affect any other word, phrase, clause, sentence, paragraph, section or part in or of this ordinance not specifically included in said judgement. Co If any court of competent jurisdiction shall judge invalid the application of any provision of this ordinance to a particular property, building, or other structure, which judgement shall not affect the application of said provision to any other property, building, or structure not specifically included in said judgement. Section 9.04 Conflictinq Ordinances: ao This Ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City; and this Ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. Ordinance No. 160-A, as amended, and Ordinance No. 443 are hereby repealed in their entirety. Section 9.05 Personal Disclaimer: Ail of the regulations provided in this Ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or a City Official or employee charged with the enforcement of this Ordinance, acting for the City in the discharge of 9-2 his duties, shall not thereby render himself personally liable; and he is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his said duties. Further disclaimer that review of documents doesn't make city liable. Section 9.06 Preservation of Riqhts: Ail rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 160-A, or any other ordinances affecting platting or the subdivision of land which 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 9.07 Conversion to Pamphlet Form: The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. Section 9.08 Notice and Publication: The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 9.09 Effective Date: This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. 9-3 / 1/�^� PASSED AND APPROVED ON FIRST READING ON THOS DAY OF /S 27 Ca/ , 1989. te ss��VT , A alt �r.�SO • F 'may '"� ccs " -'% •R SF' S 1:::,...... �\ .y; AT EST: 1. s,��*.'/,,n,* •# , .... C' TY SECRETARY elmisso PASSED AND APPROVED ON SECOND READING ON THIS DAY OF C 44.... 1,421,,,,_ 4 v LL4t1 _, 19.8.9. ,os ,7,-, r`, . . F .t1/4. 1` :�#:...- OR 3}- `ter I. .: o V AST° �\ I t4k./ x� ,� 4...L.-) ITY SECRETARY APPROVED AS TO FORM AND LEGALITY: (SCJA O City Attorney Date: / '" - 90 ADOPTED: l ?- - 5 O EFFECTIVE: I "—A' — 90 9-4 These appendices are not to be considered a part of this ordinance and may be revised or updated as necessary by the City Staff. APPENDIX 1 ********* FORM OF DEDICATION FOR INDIVIDUAL OR INDIVIDUALS STATE OF TEXAS COUNTY OF WHEREAS, I, , am the sole owner (or we, , are all of the owners) of a tract of land situated in the Survey, Abstract , County of , according to the deed recorded in Volume , Page , DRTCT, and more particularly described as follows: ******** Insert legal description here ******** NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT, I, , being the sole owner (or we, , being all of the owners) do hereby adopt this plat designating the hereinabove described property as an addition to the City of Southlake, Tarrant County, Texas, and I (we) do hereby dedicate to the public's use the streets, (alleys, parks) and easements shown thereon. WITNESS my (our) this the hand (s) day of at Southlake, Tarrant County, , 19 __ Texas Owner STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person(s) whose name(s) is/are subscribed to the above and foregoing instrument, and acknowledged to me that he/they executed the same for the purposes and consideration expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the __ day of , 19 **Seal** Notary Public Commission expires: A-1 These appendices are not to be considered a part of this ordinance and may be revised or updated as necessary by the City Staff. APPENDIX 2 ****** FORM OF DEDICATION FOR CORPORATION, PARTNERSHIPS,ETC ****** STATE OF TEXAS COUNTY OF WHEREAS, , acting by and through the undersigned, its duly authorized agent, is the sole owner of a tract of land situated in the · Survey, Abstract ., County of _, according to the deed recorded in Volume , Page __ __, DRTCT, and more particularly described as follows: ******* Insert legal description here ******** NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, , by and through the undersigned, its duly authorized agent, does hereby adopt this plat designating the hereinabove described real property as , an adddition to the City of Southlake, Tarrant County, Texas, and I (we) do hereby dedicate to the public's use the streets, (alleys, parks) and easements shown thereon. WITNESS my (our) this the hand(s) day of at Southlake, Tarrant County, Texas ., 19 STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared , of , a corporation (partnership, Jr), known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he/they executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said corporation (partnership, JV). GIVEN UNDER MY HAND AND SEAL OF OFFICE day Of , 19 on this the **Seal** Notary Public Commission expires: A-2 These appendices are not to be considered a part of ordinance and may be revised or updated as necessary by the Staff. APPENDIX 3 ********* AVIGATION EASEMENT AND RELEASE ************ this City THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: WHEREAS, hereinafter called "Owner" (whether one or more), is the owner of that certain parcel of land situated in or within the extraterritorial jurisdiction of the City of Southlake, Tarrant and Denton Counties, Texas, being more particularly described hereon for all purposes: NOW, THEREFORE, in consideration of the sum of ONE AND 00/100 ($1.00) DOLLAR, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, Owner(s) do(es) hereby waive, release, quitclaim, and forever hold harmless the City of Southlake, Texas, a municipal corporation, hereinafter call "City", from any and all claims for damage of any kind that Owner(s) may now have or may hereinafter have in the future by reason of the passage of all aircraft ("aircraft" being defined for the purposes of this instrument as any contrivance now known or hereinafter, invented, used, or designed for navigation of or flight in the air) by whomsoever owned and operated, in the air space above Owner's property, as hereon before described, and above the surface of Owner's property such noises, vibration, fumes, dust, fuel, and lubricant particles, and all other effects that may be caused by the operation of aircraft landing at or taking off from, or operating at or on the Dallas/Fort Worth International Airport; and Owners do hereby fully having remiss, and release any right or cause of action which it may now have or which it may in the the future have against the City, whether such claim be for injury to person or damage to property due to noises, vibration, fumes, dust, fuel and lubricant particles, and all the other effects that may be caused or may have been caused by the operation of aircraft landing at, or taking off from, or the operation and/or maintenance of aircraft or aircraft engine at or on said Dallas/Fort Worth International Airport. It is agreed that this release shall be binding upon the Owner, their heirs and assigns, and successors in interest with regard to said property located in or in the extraterritorial jurisdiction 0f the City of Southlake, Tarrant County, running with the land, and shall be recorded in the Deed Records of Tarrant County or Denton County, as appropriate, Texas. Executed this day of , A.D., 19__ ( Owner ) A-3 These appendices are not to be considered a part of this ordinance and may be revised or updated as necessary by the City Staff. APPENDIX 4 ********** EASEMENT ABANDONMENT ************ The City of Southlake has adopted the following procedures for the abandonment of recorded easements. If the property is being platted then the statement and signature block shown below should be added to the Final Plat. It will be the responsibility of the applicant to obtain original signatures from the utility company representatives on the mylar to be filed at the county, prior to the Zoning Clerk obtaining the signatures of approval by the City. If the property is not being platted, a mylar exhibit clearly defining the easement by metes and bounds must be prepared and include the following approval block and the required signatures must be obtained as outlined above. The following addresses and phone numbers are provided for your convenience. Texas Utilities P.O. Box 609 Euless, Texas 76039 Frank Friudenberg - 355-7056 Customer Service Supervisor Tri-County Electric Co-op 525 East Price Street Keller, Texas 76248 Marvin L. Daniel - 431-1541 Line Foreman General Telephone Company P.O. Box 128 Lewisville, Texas 75067 Roy Johnson - 434-2027 336-8381 Project Coordinator Lone Star Gas Company 100 W. Morningside Drive Fort Worth, Texas 76110 Tommy R. Galloway - Engineering Supervisor (The following to be provided on final plats or exhibits) We, the undersigned, as duly authorized representatives of the fol- lowing utility companies, hereby express no objection to the abandonment of the easement so noted on this plat (exhibit), said easement being previously recorded in Vol. , Page of the Records of County, Texas. Date: Date: Frank Friudenberg Customer Service Supervisor Texas Utilities Marvin L. Daniel Line Foremen Tri-County Electric Coop. Date: Date: Roy Johnson Project Coordinator General Telephone Co. Tommy R. Gallaway Engineering Supervisor Lone Star Gas A-4 These appendices are not to be considered a part of this ordinance and may be revised or updated as necessary by the City Staff. APPENDIX 5 ********** MISCELLANEOUS FINAL PLAT NOTES OR REQUIREMENTS ************ The following shall be on the face of all final plats, plat revisions plat showings, or amended plats. SURVEYOR'S CERTIFICATION: THIS is to certify that I, a Registered Public Surveyor of the State of Texas, having pla~ted the above subdivision from a actual survey on the ground; and that all lot corners, and angle points, and points of curve shall be properly marked on the ground, and that this plat correctly represents that survey made by me or under my direction and supervision. Original ***Seal*** Name: Texas Registration No. DEED RESTRICTION STATEMENT "This plat does not increase the number of lots or alter or remove existing deed restriction or covenants, if any, on the property." MINIMUM FINISH FLOOR STATEMENT (all final plats showing minimum F.F.) "The City of Southlake reserves the right to require minimum finish floor elevations on any lot contained within this addition. The minimum elevations shown are based on the most current information available at the time the plat is filed and may be subject to change. Additional lots, other than those shown, may also be subject to minimum finish floor criteria." FLOWAGE EASEMENT NOTE (On tracts adjacent to Grapevine Lake) Elevation 572 is the boundary of the flowage easement as outlined by the U.S. Army Corps of Engineers. Any encroachments into this written approval from the Reservoir Manager easement must obtain at the following address: Grapevine Lake Project Office U.S. Army Corps of Engineers Rt. 1, Box 10 Grapevine, Texas 76051 A-5 APPENDIX 6 ********** PREFERRED TITLE BLOCK FORMAT ******** A-6 These appendices are not to be considered a part of this ordinance and may be revised or updated as necessary by the City Staff. APPENDIX 7 ********* PROCEDURE FOR FILING PLATS - TARRANT COUNTY *********** 1. The drawing applicant shall make all corrections to the original that are needed to comply with the conditional approval of the plat. In addition, the following plat record block shall be added just above the title block area: THIS PLAT FILED IN CABINET __, SLIDE # , DATE: The applicant shall run 2 prints of the plat as revised and submit them to the Zoning Clerk to establish that all revisions have been made and the plat is ready to be filed. The City Engineer may be requested to assist in this determination. Upon receiving notice that all plat requirements have been met, the applicant shall run two (2) mylar reproducible copies of the completely acceptable plat. 4 o The applicant shall then obtain (on both mylar reproducibles) all oriqinal signatures, notaries, and seals, of the owner, notary, surveyor, and any utility representatives. 5. Both mylars shall then be submitted to the Zoning Clerk. The City Secretary shall confirm that all have been completed and signed, and that etc. have been paid. fiscal agreements all fees, taxes, 7 o Upon confirmation of compliance with all fiscal requirements, the City Secretary shall obtain the original signatures of the appropriate City representatives on both mylars. The City Secretary shall then see that the fiscal agreements and one signed mylar are filed for record at the County Courthouse. 9 o The second mylar will be loaned to the City Engineer, who will then make a reproducible mylar for their office and run two (2) prints for the City files. The second mylar with original signatures will then be returned to the City for filing in the City Plat Records. Note: No mylar of a plat will be accepted by the City which has any original ink other than signatures and seals. A-7