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1977-05-31126 CITY OF SOUTHLAKE SPECIAL MEETING OF THE CITY COUNCIL MAY 31, 1977 7:30 P.M. I. FINAL REVIEW OF SUBDIVISION ORDINANCE REVISION II. REVIEW AND ESTABLISHMENT OF COUNTY STREET SERVICE PRIORITIES I hereby certify that the foregoing agenda was posted on the bulletin board and front door of City Hall, 667 N. Carroll Avenue, on Friday, 27 May 1977, at 11 A. M. O'clock. / City Secretary 1 t 127 1 z . e NAME OF MEMBER o CITY OF SOUTHLAKE I MINUTES OF: Special Called Meeting y qo DATE OF N.EETING: 31 May 1977 H z TIME Or MEETING: 7:30 P. M. z N PLACE OF MEETING;Council Chamber, City Hall H i3 667 N. Carroll Avenue 1 of 1 COUNCIL MEMBERS PRESENT: Mayor Pat Hawk, May Pro Tem C. A. Sweet, Councilmen Bob Goode, A. C. Urbanosky, Brad Popkin and Sam Sparger. Urbanosky X X Popkin X X Sweet X Goode X Sparger X Urbanosky Popkin Sweet Goode Sparger X X X X X X X Mayor Hawk opened the discussion on the pro- posed ordinance draft prepared by Carter & Burgess, calling attention to'Page 18 and Pagel 21, Paragraphs 9.11a and 9.15c, respectively, with Council considering pros and cons of sewerage requirements by the City. The Coun- cil then took action to adopt the proposed changes to Paragraph 9.11a as rewritten and Paragraph 9.15c as rewritten with the option of city specifications, rather than Tarrant County minimums; that said Gity specification be prepared and be a "blanket spec" which re- fers to Tarrant County inspection and identi- fies other septic tank requirements. This action was later amended to adopt Ordinance N 160-A , regulating the development of sub- divisions within the City, in its final form incorporating all approved changes. (A copy of said ordinance is attached hereto and made` a part hereof.) Councilman Sparger explained to the Council the need to set priorities in working with the County Commissioner for the repair of roads within the City. After much discussion,' Council set the following priorities: 1. Kimball Avenue 2. Carroll Avenue between FM 1709 and Dove 3. Dove 4. Continental 5. Peytonville 6. Highland Drive between Kimball and SH 114, There being no adjourned. ATTEST: business Mayor City Secretary Index No. Caption Agenda Item No. 1-Sub- division or No. 160-A Agenda Item No.2 - Road Repair Pri- orities ORDINANCE NO. 160-A AN ORDINANCE REGULATING THE DEVELOPMENT OF SUBDIVISIONS WITHIN THE CITY; DEFINING THE TERMS; SETTING FORTH THE STANDARD PROCEDURE OF PLANS AND PLATS; SETTING FORTH THE SHORT FORM PROCEDURE; SPECIFYING LAYOUT REQUIREMENTS; SPECIFYING DESIGN STANDARDS; PROVIDING FOR DEVELOPER'S AGREEMENT; METHOD OF APPEAL; PROVIDING FOR A PENALTY; OUTLINING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICA- TION AND EFFECTIVE DATE. WHEREAS, it is essential and necessary for the orderly and proper development of property within the City; and WHEREAS, the Planning and Zoning Commission and other appointed individuals have conducted an extensive study of future planning for subdivisions within the City; and WHEREAS, public hearings have been conducted in accordance with applicable laws; and WHEREAS, by authority of applicable laws of the State of Texas as set out in Articles 970a and 974a of Vernon's Annotated Civil Statutes of Texas; NOW THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. TITLE - These rules and regulations shall be known and cited as the "Subdivision Regulations" of the City of Southlake, Texas. SECTION 2. The following rules, regulations and procedures are determined by the City Council as absolutely essential and necessary to promote the public health, welfare, safety, morals and general welfare of the City and assist in providing for the orderly development growth in the City of Southlake, Texas. SECTION 3. PURPOSE AND INTENT 3.1 Purpose. The purpose of these "Subdivision Regulations" are to: provide for the orderly, safe and healthful development of the area within the City's jurisdiction; to promote the health, safety, a,nd general welfare of the community at large; and to provide for the orderly and reasonable protection and preservation of the various characteristics of the physical environment. 3.2 Intent. In order to implement the purpose of these regulations it is the City's intent to provide in this ordinance reasonable means toward the end results that: a. The development of land and subdivisions shall be of such nature, shape and location that the utilization thereof will not impair the general welfare, and to minimize against the dangers of fires, floods, land erosion and landslides or other such menaces; b. Proper utilities and services for adequate drainage, water supply, and disposal of sanitary and industrial waste will be provided; c. Streets and other circulation systems will be safe, conven- ient and functional systems for vehicular and pedestrian access and circulation; d. Adequate and appropriate sites for schools, parks, recreation, open space and other community services and facilities required by the community will be available; e. The existing topography, vegetation and wildlife of the community with respect to the natural beauty and environmental amenities ' thereof will be protected, preserved and enhanced in an orderly and rea- sonable manner; f. All subdivision and land development, whether for residential or non residential purposes, directly relates to the City's adopted "Comprehensive Plan" subject to reasonable variations; SECTION 4. APPLICATION AND JURISDICTION OF REGULATIONS 4.1 Compliance with Regulations. No person shall create a subdivision of land within the corporate limits of the City or within the extraterrito- rial jurisdiction area (or apportioned extraterritorial jurisdictional area as mutually agreed upon by the governing bodies of the cities concerned) without complying with the provisions of these regulations and that required by the State of Texas. All plats and subdivisions of any such land shall conform to the rules and regulations set forth herein. 4.2 When Platting Required. Every owner of any tract of land situated within the corporate limits, or extraterritorial jurisdictional area, who may hereafter divide the same in two (2) or more parts for the purpose of laying out any subdivision (whether for residential or non residential pur- poses) of any tract of land or any addition to the City, or for laying out lots, parcels or building lots, and streets, alleys or parts or other por- tions intended for public use, or the use of purchasers or owners of lots fronting thereon or adjacent thereto, shall cause a plat to be made thereof in conformance with the provisions of these regulations. 4.3 Extraterritorial Jurisdiction. The City has and shall exercise its extraterritorial jurisdiction concerning land not within the City's corporate limits as cited in Article 970A, Section 3, of Vernon's Texas Civil Statutes, as amended, with respect to subdivision platting and land development. 4.4 Proper Zoning Required. No subdivision plat shall be approved or recorded in the office o the Tarrant County Clerk unless and until the proper zoning embracing such plat has been approved and duly adopted by the City. 2. SECTION 5. ADMINISTRATION AND ENFORCEMENT 5.1 Duties and Responsibilities of Processing, Reviewing and Approving Bodies a. Plan Administrator. The Plan Administrator shall act as the ex-officio secretary for the City Planning and Zoning Commission, respon- sible for processing plans and plats, referring such to the City Planner/ Engineer, City Planning and Zoning Commission, and City Attorney for review, filing required, public hearing, legal notices, and notifying adjacent pro- perty owners affected by plans and plats that are submitted to the City. The Plan Administrator shall file all final plats in the County Clerk's office, on behalf of the City, when authorized by the Council. The Plan Administrator shall be a permanent City staff employee in conformance with City policies and procedures. The Plan Administrator shall be designated by the Mayor and approved by the City Council. b. City Attorney. The City Attorney shall be responsible for pre- paring all legal forms, certificates, developer's agreements and other legal documents identified elsewhere in this ordinance, except those which are to be furnished by the applicant. He shall approve the content and form of any required legal document associated with the subdividing and platting of land prior to such approval and execution by the City Council. c. City Planner/City Engineer. The City Planner/City Engineer shall be responsible for reviewing and making recommendations to the Planning and Zoning Commission and City Council on all preliminary plans, short form and final plats; and approve all construction development plans and specifi- cations, and related supporting documents (other than those described in b. above) and approve the installation of all public improvements in the sub- division prior to acceptance by the City. d. City Planning and Zoning Commission. The City Planning and Zoning Commission shall be responsible for reviewing, conducting public hearings on, and approving all preliminary plans, short form and final plats and supporting documents (except construction development drawings and documents referenced in c. above). The Commission shall adopt rules and regulations governing the submittal and review of plans and plats which govern its action, consistent with the provisions of this ordinance, and file same in the office of the City Secretary. The Commission shall approve or disapprove any preliminary plan, short form or final plat and related sup- porting documents, within 30 days from the date of the meeting at which such plans and plats shall first have been considered by the Commission, unless good and sufficient cause to table such action is necessary in order to ob- tain additional needed information, or for plan/plat revisions by the appli- cant in order to comply with this ordinance. The Chairman and Secretary of the Commission shall affix their signatures on every original plan or plat approved by the Commission. The Commission shall be responsible for hearing initial requests for public street, alley, and easement vacation, providing that before any opinion is issued by said Commission to the City Council in connection with any such proposed vacation, and public hearing thereon shall be held in conformance with the requirements of this ordinance. The Commission shall submit a signed copy of any approved preliminary plan, short form or final plat, to the City Council for its review and information. 3. e. City Council. The City Council shall review all preliminary plans submitted by the City Planning and Zoning Commission, and give final approval on all final plats. The Council shall approve and execute all "developer agreements" and bonds, and shall approve final acceptance of work done in the subdivision relating to streets, utilities, drainage and other public features, upon recommendation of the City Engineer. 5.2 Filing Fees and Applications. Whenever any preliminary plan, short form or final pat, or request for street, alley, easement or plat vacation is filed with the City Secretary's office, such application (on City forms) shall be accompanied by a filing fee, stipulated by a City Council resolution establishing such fees, to cover the approximate costs borne by the City with respect to processing plans and plats (i.e., legal notice publications, property owner mailing notices, planning, engineering and legal reviews). 5.3 Effect of Approval of Plans and Plats. a. Preliminary Plan. Upon approval of the preliminary plan by the City Planning and Zoning Commission, four signed and dated copies thereof shall be executed by the Chairman and Secretary of the Commission. One such copy shall be retained in the permanent files of the Commission, one copy shall be transmitted to the City Council for its information and re- view, one copy to the City Planner/Engineer's office for its file, and one copy to the developer of the subdivision for his file. Approval of the preliminary plan by the Commission shall not be con- strued as final acceptance nor approval of the subdivision by the City, but merely indicates general concurrence with the layout and proposals contained therein. Plan approval does, however, authorize the developer to proceed with: negotiations and execution of a "developer's agreement" with the City Council, pertaining to the provisions of public services and facilities to be contained within the subdivision; allows the developer to proceed with "rough" cutting of streets only if he so chooses; and encourages the develop- er to proceed with the preparation of final construction drawings, specifica- tions and bonds required for the development of the subdivision; and to proceed with the preparation of the final platy Building permits or other construction permits shall not be issued by the City until such time as the "developer agreements" engineering plans and documents, and "performance bond" have been received and approved by the Council. b. Short Form and Final Plats. Signed approval of any short form subdivision plat by the Commission, in which public utilities are already in place and drainage provisions have been made, shall be forwarded to the City Council for its approval and signatures. No such plat shall be signed by the Council nor allowed to be filed in the County Clerk's office until all developer agreements and bonds, if required, are properly executed be- tween the City and developer. Distribution of signed and approved short form plats shall be the same as for final plats. No sale of any lot within the'.' subdivision may be consumated until the final plat has been approved by the City and duly filed in the County Clerk's office. h. Upon approval of Final Plat by the Commission, fourx signed and dated copies shall be executed by the Chairman and Secretary thereof, and transmitted to the City Council for its approval and signature by the Mayor, attested by the City Secretary, and date thereof. Approval by the Council shall not be given until all "developer's agreements" and required bonds have been duly executed between the Council and developer, with respect to the required public services and facilities installed in the subdivision. When such agreements and plat have been approved and signed by the Council, the Plan Administrator shall be directed to cause the plat and supporting documents thereof to be filed in the County-Clerk's office within 15 days of such authorization. The Plan Administrator shall then retain one signed trans- copy with street address numbers in its permanent engineering files, mit one copy to the Commission for its permanent file, one copy to the City Planner/Engineer for its file and placement on the City's official base map, and one copy to the subdivider for his file. All final plats shall be substantially in accord with the previously approved preliminary plan of the subdivision. The final plat shall be sub- mitted for approval by the City within sic months of the date the preliminary plan of the subdivision was approved by the Commission, otherwise approval of the preliminary plan shall be deemed null and void and the developer will be required to resubmit a preliminary plan and the Commission to hold a pub- lic hearing thereon. The Commission may, however, grant a reasonable exten- sion of time to the developer for submitting the final plot beyond the 6-month period, upon wr,ittin request and justification thereof by the developer. c. No building permit shall be issued on any land forming any part of a subdivision unless the applicable provisions of this ordinance have been complied with as well as all other applicable ordinances of the City of Southlake, Texas referring to building permits. This subsection shall con- trol whether or not a "developer's agreement" is actually used. 5.4 Enforcement. In addition to other remedy provided by law, the City and its officers shall have the.right to enjoin any violation of these regulations by injunction issued by a court of competent.jurisdiction. 5.5 Changes on Preliminar or Final Plats When Resubmittin . The developer an qualified professional land planner, landscape architect, civil engineer or land surveyor trained and experienced in land subdivision design, are to document (on a separate sheet) and sign any changes on any Preliminary or Final plats when resubmitting them to the Planning and Zoning Commission. Any supporting documents shall be noted with the name and ad- dress of the person preparing them. SECTION 6. GENERAL TYPE AND CHARACTER OF PLANS AND PLATS TO BE SUBMITTED 6.1 Preliminary Plan. a. Purpose. The "Preliminary Plan" is intended to indicate all planning factors and considerations necessary to enable the City to deter- mine whether the proposed plan for land development or redevelopment is satisfactory form the standpoint of the public interest. The plan, related supporting documents and the reveiw thereof are intended to produce a sub- division design in which all applicable planning factors,have been recognized and reconciled; as distinguished from a "Final Plat" in which the engineering factor of dimensional precision is the predominant objective. 5. b. Plan Preparation The "Preliminary Plan" drawing shall ordi- narily be prepare by a quali fied professional land planner, landscape architect, civil engineer or land surveyor trained and experienced in sub- division design. Accompanying legal instruments and attendant documents shall ordinarily be prepared by a qualified professional attorney-at-law trained and experienced in such matters. Five copies of the preliminary plan and supporting documents shall be filed with the City Plan Administrator not less than two weeks before a public hearing is held thereon, by the Commission. c. Type and Scale of Plan Drawing. The "Preliminary Plan" shall be drawn in ink on reproducible mylar, tracing linen, or tracing vellum with all information shown thereon enclosed by heavy border line. The "Plan" drawing scale shall be one hundred feet to the inch (1"=100') pro- vided, that when special conditions warrant, a smaller or larger scale may be accepted when prior approval of the City's Plan Administrator has been obtained. The "Plan" and supporting documents shall contain the in- formation prescribed in Section 7 of these regulations. 6.2 Final Plat a. Purpose. The "Final Plat" is that instrument which, along with its related supporting documents, becomes the official accurate, permanent record of the subdivision of land. It shall substantially conform to the "Preliminary Plan" as approved by the Commission, and may include all or only a portion of said approved "Preliminary Plan No "Final Plat" may be recorded in the office of the County Clerk of Tarrant County, Texas, until such "Plat" shall first have been approved by the Commission and Council, and no lot or parcels within said subdivision may be sold or con- veyed until the "Final Plat" therefore has been approved and duly recorded in the County Clerk's office. b. Plat Preparation. The "Final Plat" drawing shall ordinarily be prepared by a registered civil engineer or registered land surveyor duly licensed by the State of Texas, who may legally certify as to the accuracy thereof. Accompanying legal instruments and attendant documents shall or- dinarily be prepared by a qualified professional attorney-at-law authorized to practice in the State of Texas. Five copies of the "Final Plat" and sup- porting documents shall be filed with the City Plan Administrator not less that two weeks before a review and approval by the Commission. c. Type and Scale of Plat Drawing. in ink on reproducible mylar, tracing linen formation shown thereon enclosed by a heavy scale shall be one hundred feet to the inch dnd supporting documents shall contain the in Section 8 of these regulations. The "Final Plat" shall be drawn or tracing vellum with all in- border line. The "Plat" drawing (1"=100'). The "Plat" drawing necessary information prescribed 6.3 Short Form Plat. a. Purpose. A short form procedure for subdividing land may be followed to obtain subdivision approval when the land proposed to be sub- divided, resubdivided or replatted meets the following conditions and re- quirements: 6. (1). Such land abuts upon a street of adequate width and is so situated that no additional streets and no alleys, major easements, or other public property are required in order to meet the requirements of this ordinance; (2). The perimeter of the tract being subdivided has been sur- veyed and marked on the ground and a plat thereof prepared and'filed with the City Secretary, and the nearest corner of each lot or parcel of such proposed subdivision is within two hundred feet of a.known corner which is ade- quately marked by a concrete monument or iron stake; (3). The topography of the tract and the surrounding lands is such that no regard need to be given in such subdivision to drainage, or, where drainage facilities are required, arrangements have been made:for the construction of such facilities; (4). The utilities, as required by the City, are in place to serve each parcel or lot of such subdivision, or resubdivision or replat, or arrangements to provide such utilities have been made; (5) The zoning embraced by such "Short Form Plat" is consistent with the land uses proposed in the plat; and (6) An "Environmental Assessment" as described in Section 7.3.b.1 herein, is not required. b. Plat Preparation. The "Short Form Plat" drawing and supporting documents shall be prepared as prescribed for a "Final Plat" noted in Section 6.2,a. of these regulations. c. Type and Scale of Plat Drawing. The requirements prescribed in Section 6.2,c for Final Plats" of these regulations, shall apply to the "Short Form Plat." SECTION PRELIMINARY PLAN REQUIREMENTS: EXHIBITS AND SUPPORTING DOCUMENTS 7.1 General Requirements. a. Planned Unit Developments (PUD)_. Where a proposed land develop- ment is to accomodate planned associations of land uses to be developed as integral and compatible land uses as allowed for in the City's Zoning Ordinance, for which such development must be consistent with an overall prepared plan and special "PUD" zoning is required therefor, then such plan and supporting documents embracing the entire tract of land shall be pre- pared in accordance with the requirements prescribed for such development as stipulated in said Zoning Ordinance, and with Section 7 of these regulations. Satisfactory compliance with the combined aforereferenced ordinance and Section 7 regulations shall constitute meeting the necessary plan exhibit and supporting document requirements for both zoning and "Preliminary Plan" considerations. A "Preliminary Plan" filing fee shall not be required in addition to the required zoning application fee stipulated in the Zoning Ordinance. Said plan and documents shall be considered to be a specific guide for the development of the affected area and shall become operative upon approval, adoption and certification by the Commission. b. Conventional Subdivision Developments. When a proposed land development encompasses all of a tract, or a portion of a tract later to be subdivided in its entirety, a preliminary plan and supporting documents of the entire trace shall be prepared and submitted for approval. Said plan shall delineate the necessary characteristics of the tract, both ex- isting and proposed, in conformance with the requirements specified in Section 7 of these regulations, and shall be considered to be a specific guide for the development of the affected area. The plan and supporting documents shall become operative upon approval, adoption and certification by the Commission. 7.2 Plan Drawing Exhibit(s). The "Preliminary Plan" drawing shall show all necessary physical locations, identifications, elevations and general dimensions of all applicable existing and proposed on-site and contiguous off-site physical features identified herein. It shall be the responsibility of the applicant to fully comply with these requirements and to so certify in writing. Where the complexity of existing and pro- posed information, required to be shown on the plan, as outlined in this subsection, could or would cause confusion in the proper evaluation thereof by the City, said plan data may be shown on two separate drawings at the same scale. Drawing No. 1 shall show the information required in a., b. and c. of this section, and Drawing No. 2 shall show that,information required in a., b.9 and d. of this section. The applicant shall exercise proper descretion as whether or not to combine or separate the required preliminary plan drawing information, keeping in mind the purpose of clarity and completeness thereof. a. Base Information. (1) Graphic scale of drawing at 1"=100' (or other such scale as previously approved in accordance with Section 6.1,c.); (2) North point (located adjacent to the graphic scale); (3) Key Map showing (at a small scale) the geographic location of the subdivision with respect to its overall position and relationship within the City; (4) Name (Title) of the Land Development Project/Subdivision- which shall not have the same spelling or pronunciation similar to any other such project/subdivision located within the City of its extraterri- torial jurisdictional area; (5) Name of the Survey in which the subdivision is located; (6) Name, address and profession of the person who prepared the plan drawing, and date thereof; Name and address of the record owner(s) and subdivider(s)/ developer(s) of the subdivision; (8) Names of the owners of contiguous parcels of unsubdivided land and the names of contiguous subdivisions within (200') and the County Recorder's book and page number thereof, and the lot patterns of these subdivisions shown by dotted or light dashed lines; 8 (9) Location of the City's corporate limit lines and extra- territorial jurisdiction lines, if they traverse or form a part of the boundary of the subdivision, or are contiguous to such boundary; (10) Perimeter subdivision boundary lines, indicated by heavy lines, and the distances and bearings thereof. The subdivision boundary shall be construed to include that part of adjacent boundary streets which were previously established by dedication or purchase from the tract being subdivided: (11) Gross acreage of the subdivision shall be noted thereon; (12) Existing zoning classification(s) of the proposed sub- division, and of the contiguous area within (200') thereof; (13) Approval block attesting to the approval of the "Preliminary Plan" by the Commission, along with the date thereof. b. Existinq General Site Information. (1) Public street and highway R.O.W. lines - with existing traveled roadway widths noted therein; (2) Public alley R.O.W. lines; (3) Private street/drive R.O.W. lines - with existing traveled roadway widths noted therein; (4) Drainage and utility easements - including the widths and purposes thereof; (5) Railroad R.O.W. lines - including the widths, centerlines and purposes thereof (i.e., main line trackage or spur trackage); (6) Lot and parcel lines; Public use areas/site (i.e., schools', parks, open space, etc.) (8) General outline of area(s) embraced by tree cover; (9) Topographic contour lines in conformance with the following criteria: (a) Terrain with slope less than 2%: 21.vertical:i.ntervdls, (b) Terrain with slope of 2% to 15%: 5' vertical intervals, (c) Terrain with slope greater than 15%: 10' vertical intervals, (d) A note stating the appropriate topographic reference to "City Standard Datum" shall be shown. 9. (10) Buildings and structures to remain - including notations as to the nature and use thereof (i.e., S/F residence, garage, barn, shed, well, barbar shop, etc.); (11) Bridges, trestles, and other significant physical develop- ment features. C. Existing Drainage Information. (1) Water impoundments (i.e., lakes, ponds, stock tanks, fish hatcheries, etc.) - with the perimeter outline thereof shown at normal pool elevation and the elevation thereof so noted; (2) Drainage structures (i.e., dams, spillways, flumes, culverts, etc.) - and noted as to the size and type thereof (i.e., earth, concrete, riprap, metal, R.C.P., V.C.P., etc.); (3) Flow lines of all drainage and water courses (i.e., streams, creeks, drainage swales, etc.) and noted as to whether such features flow constant or intermittent; (4) Delineation of on and contiguous off-site drainage area(s), including appropriate notations, as to the respective acreage s) thereof; (5) Regulatory Flood Limits (100-year Flood Plain) as identified and determined in the "FW" and "FP" Flood Hazard Districts section of the City's Zoning Ordinance. d. Proposed Development Information. thereof; (1) Public street, alley and highway R.O.W. lines and widths (2) Private road R.O.W. lines and widths thereof, including the labeling of such roads and crosswalks as being private rather than public; (3) Drainage, utility and easements - including the widths and purposes thereof; (4) Railroad R.O.W. lines - including the widths, centerlines and purposes thereof (i.e., main line trackage or spur trackage); (5) Lot and parcel lines of all proposed and to be retained lots and parcels intended for one (i.e., single family dwellings) or more (i.e., apartments, commercial centers, churches, industries, etc.) uses; (6) Block, tract and lot designations - lettered and numbered in a consecutive clockwise order, with blocks and large tracts carrying alphabetical designations and lots carrying numerical designations. Notation as to building set-back lines where adjacent to streets, crosswalks and other significant land uses as per the City's Zoning Ordinance for the type of zoning district(s) proposed in the "plan." Said information may be shown in schedule form to enhance plan clarity. In (8) Parcels to be reserved or dedicated for public use (i.e., - schools, parks, flood plains, open spaces, etc.) - including the acreage(s), general perimeter dimensions and notation as to the nature and type of use thereof; (9) Parcels to be reserved or dedicated for private community use such as areas and facilities benefiting and enjoyed by the site occupants of the subdivision - including the acreage(s), general perimeter dimensions and notation as to the nature and type of use therof, and that such are for private rather than general public use. (10) Delineation and identification of proposed zoning district classification(s) of the subdivision - if different from that which presently exists. (11) Delineation and numerical sequence designation of proposed development phasing of the entire subdivision - if more than one phase is' proposed. The estimated beginning and completion date of each phase shall be indicated in an appropriate schedule on the plan drawing. (12) Quantitative land use information (shown in schedule form on the plan) depicting each land use category; related proposed zoning classification; number of dwelling units (where applicable); net residential density (where applicable, and expressed in the number of dwelling units per acre - exclusive of streets and other non-resideptial land uses); the net acreage of each land use category ( expressed to the nearest tenth (1/10) of an acre); for each proposed phase of the subdivision development, and the overall sum total of the entire subdivision. An example as to the form of said schedule is illustrated as follows: Net Phase No. 1 Residential Related Zoning No. Dwelling Density Net Land Use Classification Units (d.u./acre) Acreage Single Family Residential (As 40 2.0 20.3 Single Family Residential Per 63 3.8 16.5 Convenience Commercial Zoning Center Ordinance N/A N/A 3.5 Garden Apartments Classifi- 64 12.0 5.3 Neighborhood School/Park cation) Site - N/A N/A 12.0 Streets - N/A N/A 9.0 Subtotal: Phase 1 167 3.0 66.6 11 7.3 Supporting Documents and Certificates. The plan drawing exhibit(s) shall, where applicable and herein required, be accompanied by the following described supporting documents and certificates approved as to form by the City Attorney, to aid in assisting the Commission in properly evaluating the nature and character of the proposed subdivision. a. Required at the Time of Filing the "Preliminary Plan". (1) Completed and signed "Preliminary Plan Application and Certificate of Compliance with Regulations, on the appropriate form fur- nished by the City, which shall attest that the owner/subdivider/applicant has, to the best of his knowledge, thoroughly familiarized himself with the requirements prescribed in these "Subdivision Regulations," has furnished the City with all ap licable and complete information with respect to the plan, plan drawing(s~ and supporting documents, and has otherwise complied with all applicable requirements, regulations and ordinances of the City relative thereto. (2) Complete Metes and Bounds Descriptions and Acreages of each separate and proposed zoning district shown on the plan, if different from the existing zoning classification embracing the area to be subdivided. Each such district description shall be typed on spearate 8 1/2" x 11" sheets. (3) Existing deed restrictions currently embracing the area to be subdivided if such exist, and any real estate agreements pertaining to designated releases of certain tracts within the subdivision if applicable. (4) Preliminary 8 1/2" x 11" draft reflecting significant items and features being considered by the subdivider for incorporation into private deed restrictions (restrictive/protective covenants) affecting the land being subdivided. It is not the intent of this requirement that such information be prepared in proper legal form for "Preliminary Plan" review, but merely to indicate the general nature and type of covenants being con- sidered by the subdivider as an aid to the Commission in its review and evaluation of the nature and character of the subdivision. Such information should give particular attention and emphasis to, but not necessarily con- clusive of, the following considerations, where applicable: (a) Minimum gross square feet of the habitable living area of each type (i.e., single family detached, apartment, etc. of the smallest dwelling unit proposed or allowed (exclusive of garages and carports); (b) Type(s) of exterior building materials, and minimum allowable percents thereof, which are to enclose the sidewalls and roofs of residential and non residential buildings; (c) Prohibition regarding the conduct of an business/ commercial activities within or on any residential lot or premises, other than as permitted under home occupation uses defined in the City's Zoning Ordinance; (d) Buildings and premises on each and every type lot to be kept and maintained in a safe, healthful and pro er aesthetic manner free of 3'unk,-fitter, debris, grass and weeds over one foot in height, and any other visual, audible or related adverse environmental impacts or nuisances. 1 1) b. Optional Commission Requirements. 1) The Commission may, in a majority opinion, determine that the carrying out of the development proposed by the subdivider's plan could or would have an adverse impact on the existing or proposed physical environ- ment embraced by the subdivision, require the subdivider/applicant to prepare an Environmental Assessment in accordance with the policies and provisions of the National Environmental Policy Act of 1969 (Public Law 91-910), and as hereafter may be amended. The Commission may require such assessment be prepared any time prior to or during the Commission's review of the "Pre- liminary Plan", but if required, such assessment shall be placed on file and available to the Commission, Council, and general public prior to any final decision rendered on the plan. SECTION 8. FINAL PLAT REQUIREMENTS: EXHIBITS AND SUPPORTING DOCUMENTS 8.1 Plat Drawing Exhibit. The "Final Plat" drawing shall show all necessary and pertinent information prescribed as follows: a. Base Information. 1) Graphic scale of plat drawing at 1" = 100'; 2) North point (located adjacent to the graphic scale); 3) Name (Title) of the subdivision, and location thereof by City, County and State; 4) Name of the survey in which the subdivision is located; 5) Name, address, signature and seal of the registered rp ofes- sional engineer or land surve or, licensed by the State of Texas, who made or supervised the conduct of the survey on the ground and prepared the "Final Plat" - including his certificate of survey and plat accuracy, and the date thereof- 6) Key Map showing the geographic location of the subdivision with respect to its overall relationship and position to the City; Name and address of the record owner(s). and subdivider(s)/ developer(s) of the sWd-i vision; 8) Legal description of the perimeter boundary of land being subdivided, and computed total acreage thereof; 9) Approval block attesting to the approval of the "Final Plat" by the Commission and City Council, along with the respective dates thereof. b. Key Plat Information. 1) Perimeter boundary lines of the total land area embraced by the "Final Plat"; 13. 2) Boundary and lot lines of contiguous, adjoining subdiv- isions, and names thereof, and a al reference surveys; or the names of adjoining property owners, together with their respective plat or deed book references, as per the County Recorder's book and page numbers; 3) Location and identification of the primary control point(s) from which all distances, bearings and other similar data pertain- ing to the subdivision are referenced. Wherever Texas State Plan Coordinate System Bench Marks exist within one mile of the subdivision boundary, these shall be used. At least one corner of the subdivision shall be tied by appropriate distance and bearing to either a corner in a previously recorded subdivision, U. S. Coast and Geodetic Survey Monument, or a state land survey - with proper reference notation describing the corner marker used; 4) Transportation and circulation right-of-way lines of all streets, alleys, emergency access easements and other rights-of-way, includ- ing the name, identifications, width dimensions and purposes thereof (i.e., for public dedication or for conveyance for private use to and for the ex- press use of the inhabitants of the subdivision or other private or quasi- public purpose); 5) Sufficient lines, distances (expressed in feet and hundredths of a foot) and bearings to allow the reproduction on the ground of every street, alley, lot, parcel, tract and easement, whether curved or straight; including the deflection angles and radii, arcs, tangents and central angles of all curves; 6) BBooundary lines and related distances, bearings and acreages of all lots, bloc sk parcels or tracts to be dedicated or 'reserved for public use, or` to be conveyed to t esn aaFT"tants of the su 1 vii o private or quasi-pub'fic use, an t -ee identification tFere; Block, tract and lot designations - lettered and numbered in consecutive clockwise,order, with b ocks and large- tracts carrying alphabeti- cal designations and,lots carrying numerical designations;`, 8) Drainage, utility and access easements, including the widths thereof. Identification for all drainage, utility or access easements shall be noted as follows, without specific reference to a particular. utility, except in the case of high voltage electrical transmission lines or cross country gas lines: "Public Utility and Access Easement" or "Public Drainage and Access Easement", or where combined, "Public Utility, Drainage and Access Easement TV , 9) Exact locations and descriptions of all monuments, lot corner pins, tan ent op ints of curves pins and any other required survey points in place; 10) Building set-back lines adjacent to every highway, street, alley, emergency access easement, crosswalk, and private drive serving two or more lots. 11) Floodway Channel and Regulatory Flood Limits (100 year flood plain) as identified and determined in the "FW" and "FP" Flood Hazard Districts section of the City's Zoning Ordinance. 8.2 Supporting Documents and Certificates. The "Plat" drawing exhibit shall, where applicable and herein required, be accompanied by the following described supporting documents and certificates, in the form prescribed by and approved by the City Attorney,'which shall accompany the filing and recording of the "Final Plat." a. Signed "Certificate of City of Southlake Tax Collector" veri- fying that all local municipal taxes on the land being subdivided and embraced by the "Final Plat" have been paid to the current year. b. Signed "Certificate of Tarrant County Tax Collector" verifying that all county taxes on the land being subdivided and embraced by the "Final Plat" have been paid to the current year. c. Signed "Certificate of the Local School District Tax Collector" in which the subdivision is located, verifying that al school taxes on the land being subdivided and embraced by the "Final Plat" have been paid to the current year. d. Signed "Dedication Certificate" by the owner(s) of the sub- division dedicating all designated public streets, alleys, easement, parks, school sites, open spaces and other such applicable lots, parcels or tracts previously agreed upon between the City, County, School District, State or Federal Government and subdivision owner, to the general public; or, where the owner has made and executed provisions for the perpetual care and main- tenance of private or quasi-public streets, easements, open spaces and other lots, tracts or parcels designated for the use and enjoymept by the inhabi- tants of the subdivision, such shall be properly dedicated to said private individual(s) or subdivision inhabitants, whichever is applicable. e. Legally executed and signed "Deed Covenants" incorporating all pertinent and proposed convenants, restrictions, and easements for which the subdivided real property is subjected to be held, transferred, sold, conveyed and occupied. 1) When applicable, where a property owners association is designated and required to care for, maintain, areserve and promote the utility, beautification, use and occupancy of land(s) and facilities under common onwership and authority of the subdivision(s) owners and/or inhabi- tants, then such "Deed Covenants" shall include properly executed "Articles of Incorporation" and "By-Laws" of the property owners association so created. 2) In order that the City, School District, County, State of Texas, or Federal Government will not be prohibited from using any property within the subdivision that may be purchased, deeded or conveyed thereto for public purpose(s) at any item the following paragraph shall be incorporated in every "Deed Covenant" placed on the land being subdivided: 15 "Any restrictions contained herein shall not be intended to restrict or prohibit, nor shall restrict or prohibit the United States Government, State of Texas or any political subdivision thereof, includ- ing the City of Southlake, Carroll Independent School District, or Tarrant County, from using any of the property affected by this subdivision for public purposes, when any such property is brought under the ownership and control of any of the agencies described above, and the use thereof is allowable within the purvey of the existing or proposed zoning district in which the property(ies) is situated." f. Legally executed and signed applicable "Instruments Authorized for Fil-in9" (i.e., all deeds, mortgages, conveyances, deeds o trust, on s for title, covenants, defeasances or other instruments of writing concerning any lands or tenements, or goods and chattels, or movable property of any description) as authorized in "Article 6626 of Vernon's Texas Civil Statutes" as amended. g. Completed and signed "Final Plat Application and Certificate of Compliance with Regulations", on the appropriate form furnished by the City, whit hsh~l attest that the owner/subdivider/applicant has, to the best of his knowledge, thoroughly familiarized hipiself with the requirements pres- cribed in these "Subdivision Regulations", has furnished the City with all applicable and complete information with respect to the plat drawing and supporting documents, and has otherwise complied with all applicable re- quirements, regulations and ordinances of the City relative thereto. h. ~SSu__r__ve~~o__r~''s/Engineer's plat closure notes for the boundary of the subdivision for each block therein. Said notes shall be referenced in the same manner'as the plat drawing. Upon approval of the "Final Plat" by the City, the closure notes shall be deposited as a public document in the engineering records of the City. SECTION 9. SUBDIVISION DESIGN STANDARDS The following design and layout standards referenced herein shall be controlling in design, layout, construction, installation and sizes of public facilities and sites. All references to standards prescribed in other City approved ordinances or administrative policies shall include those standards and specifications together with all maps, charts, drawings and diagrams pertaining thereto. 9.1 Conformance with the City's "Comprehensive City Plan". All sub- divisions and re ated parts thereof shall conform with the City's latest approved Comprehensive City Plan. 9.2 Subdivisions Outside the Corporate Limits but Within the Extra- territorial Jurisdiction Area. All subdivision plans and plats, including standards relative to the design and layout as herein described, shall con- form with all the regulations prescribed in this ordinance when either public municipal water supply or sanitary sewer is to be extended into the 16. subdivision. The extension of such public utilities shall first be pre- ceded by annexation to the City. 9.3 Streets. a. Rights-of-Way Widths, Roadway and Layout Design, and Con- struction Standards shall conform with the requirements set fort in City Ordinance No. 217 titled, "Policies and Regulations Governing the Classi- fication, Design and Construction of Street and Storm Drainage Facilities and Related Components". b. Controlling Access Strips Along and at the End of Streets. The reservation o private owners ips'of strips o an at the end o or alongside proposed or existing streets which are intended solely or prim- arily for the purpose of controlling access to property not included in the subdivision shall be prohibited. c. Half-Streets. Half-streets shall be prohibited, except where essential to the reasonable development of the subdivision in con- formance with other requirements of this ordinance, and where the Commission finds it will be practicable to require the dedication of the other half when the adjoining land is subdivided, the other half of the street shall be platted within such tract. d. Private Streets. All private streets shall conform in design, width and construction, including the R.O.W. easements thereof, as for pub- lic streets, in conformance with City Ordinance No. 217 referred to in paragraph a. e. Boundary Streets. Where the land to be subdivided is par- tially or total y bounded on one or more sides by an existing street having less width than required by City Ordinance No. 217 and the City's "Thorough- fare and Circulation.Plan", sufficient additional right-of-way shall be dedicated by the developer, from his tract, to provide not less than one- half of the total right-of-way required by said ordinance. He shall also deposit with the City, prior to the City's acceptance of the subdivision, an amount in escrow, determined by the City Engineer, to cover construction costs of the additional required roadway paving width on his side of the subdivision, meeting said ordinance standards, if he chooses not to con- struct the additional required width at the time of his subdivision development. 9.4 Alleys. Where required, alley paving and right-of-way widths shall conform to the following: a. One and Two Family Residential Developments - 16' R.O.W./14' paving; b. Multi-Family Residential Developments - 20'_R.O.W./18' paving; c. Commercial and Industrial Developments - 24' R.O.W./20' paving. Alleys shall be provided in commercial and industrial districts and at the rear of multi-family residential building sites. In lieu of an alley an 17. emergency access easement, as provided above shall be dedicated to provide circulation and access for emergency, health, and fire and safety vehicles. Alleys for one and two family developments shall normally not be re- quired except where terrain difficulty or other access problems, via a pub- lic street are present. 9.5 Street Lights. Street lighting design and illumination levels shall conform with City standards. Installation costs thereof shall be borne by the developer, and energy costs by the City. Development along and adjacent to Major Thoroughfare Streets (as designated on the City's "Thoroughfare and Circulation Plan") shall have "break-away" light fix- ture poles. Light level intensities along "Major Thoroughfare Streets" shall not be less than 1.0 foot-candles (f.c.). Light level intensity along "Secondary Thoroughfare Streets" shall not be less than 0.45 f.c. Light level intensities along local or minor streets shall not be less than 0.15 f.c. The application of the illumination levels shall be con- strued as being of a uniform level throughout the entire street length. The type, fixture size and location of all street lighting required for a subdivision shall be shown on the construction development plans for the subdivision for approval by the City. 9.6 Street Identification Name Signs. The subdivider shall be res- ponsible for the costs and installation of all street signs. Such signs shall be supplied by the City and the location thereof approved by the City. No street name shall sound like or be spelled similar to any other street in the City. 9.7 Street Address Numbers. Upon approval of the final plat by the City the an dministrator shall assign and affix street address numbers on the City's copy of the final plat and notify the developer of such. 9.8 Sidewalks. Sidewalks are not specified as a requirement in new subdivisions; however, should a subdivider or developer elect to install sidewalks in a subdivision, preliminary plans shall be submitted along with the preliminary plat of the development, and detailed construction plans shall be filed for the approval of the City Planning and Zoning Commission at the time of the submission of the final plat. 9.9 Survey Monuments and Markers. One inch diameter steel pins shall be required at a perimeter corners of the subdivision boundary, and spaced not greater than 1,200 feet apart elsewhere along said boundary. One inch diameter steel pins shall be required at the intersection corners and curve tangent points of all public dedicated streets in the subdivision. Five- eights inch diameter steel pins shall be required at all intermediate lot/ property corners, curve tangent points and angle points of all lots and par- cels within the subdivision. All required monuments and markers shall be in place prior to the City's acceptance of the subdivision. 9.10 Plan and Plat Accuracy and Closure Notes. a. Distances and dimensions shown for streets, lots and tracts may be to the nearest foot for preliminary plans, but shall bd to the nearest foot and hundredths ,of a foot for short form and final plats. 18. b. Survey Accuracy for the perimeter boundary fo subdivisions . shall be as follows: 1) Surveyed (in-field) Plat. Bearings fo curve tangents-, shall be shown to one second, along with the curve length, central angle and radius. The unadjusted closure of the surveyed subdivision boundaries shall not be less than one part in five thousand (1:5,000). 2) Compiled (Computed) Plat. The boundary survey shall have an angular closure not to exceed 5 seconds per angle, and the unadjusted boundary closure shall not be less than one part in ten thousand (1:10,000). c. Steel Pin Monument Reference. All required one inch diameter steel pin monuments shall be positione and referenced to the Texas Coor- dinate System, North Central Zone. Coordinate values of the pins shall be placed on the final plat and all subdivision data shall be referenced to this system. d. Survey Closure Notes. The final plat, when filed with the City for approva , sha 1 be accompanied by one set of the surveyor's/engineer's plat closure notes for the boundary of the subdivision and for each block therein. Said notes shall be referenced in the same manner as the plat. The Plan Administrator shall furnish the City Engineer with a copy of said notes for his review and approval, and shall cause same to be deposited as a pub- lic document in the engineering records of the City following approval and recording of the final plat. 9.11 Utilities. All utilities within any residential or non residen- tial subdivision with lots averaging 10,000 square feet or less shall be placed underground at the election of the developer within appropriate rights- of-way or easements; however, in any subidvision the said utilities shall be underground if required by the U.S. Environmental Protection Agency, commonly know as EPA. Standards governing the design of public utilities shall be as follows: a. Sanitary Sewers. In every subdivision where connection is to be made immeditaely to a public sewage system or to a quasi community collection and treatment facility, sanitary sewers shall be installed to serve each lot or tract therein. Where no such public or quasi system is available (a public system within a reasonable distance is considered "available" and in that in- stance the developer must connect to the public system) or is not to be instal- led the developer shall size all lots in conformity with subsection 9.15.c, hereof and provide for the installation of private septic systems in accordance with said subsection. b. Water. Water lines adequate for domestic supply and for fire protection needs shall be installed to serve each lot, or tract, in every subdivision where connection is to be made immediately to a community or a utility water system in accordance with City design standards and specifi- cations found in Ordinance No. 170 entitled, "Policies and Regulations for 19. Installation of Water Facilities." In subdivisions outside the city limits, where such connection to a system is not to be made immediately, plans shall be prepared for future installation of a water distribution system to serve each lot, or tract. c. Gas. The subdivider shall arrange for and shall file his re- quest at the earliest feasible date for gas service desired for his subdi- vision. Where a source of gas supply is not within a reasonable distance for present installation, but, under a gas line extension agreement gas ser- vice will be extended within five (5) years following the recording of the final plat, those portions of such lines which will lie within the portions of streets intended for vehicular traffic shall be installed. d. Electric Power and Telephone Service. The subidvider shall arrange with the appropriate utility and shall-Tile his request at the ear- liest feasible date for electric power and telephone service to his subdivi- sion. 9.12 Drainage/Flood Plains and Floodways. The preliminary plan to be filed with the ommission shall be accompanied by preliminary drainage stud- ies and calculations based upon full development of the drainage area. a. Runoff figures shall be indicated for all drainage ditches .and storm sewers, where the water enters another street or storm sewer or drain- age ditch. b. A general location map of the subdivision showing the entire watershed on a U. S. Geological Survey Quadrangle sheet or similar topograph- ic man. c. Calculations showing the anticipated storm water flow, including watershed area, coefficient of runoff, and time of concentration, in accor- dance with the standards and design criteria specified in'City Ordinance No. 217 as referenced in subsection 9.3,a, hereof. d. When a drainage channel or storm sewer is proposed, complete plans, profiles, and specifications shall be submitted showing complete con- struction details. e. When conditions upstream or downstream from a proposed channel or storm sewer do not permit maximum design flow, high water marks based on twenty-five (25) year frequency, shall be indicated based on existing con- ditions. f. Where land embraced by any 100 year flood plain is proposed for development, then the standards and regulations pertaining to flood plains and fioodways, as designated in the City's Zoning Ordinance No. 161-62, shall be used in the design of the subdivision. 9.13 Widths, Types and Locations of Easements. Widths, locations and types of public utility, access, drainage and f ood plain easements shall be shown on plans and plats in conformance with the following standards. 20. a. Easement Designations. The preliminary plans shall indicate the specific purposes and widths of easements shown, however, the final plat shall identify all easements in the manner prescribed in Section 8, subsection 8.1,b.8, hereof. b. Easement Types and Widths. 1) Water and Sanitary Sewer Easements shall be not less than 15' minimum width. 2) Minor Drainage Easements shall not be less than 15' minimum width, or greater as may be required by design. 3) Gas, Electric and Telephone Easements shall not be less than 10' minimum width. 4) Pedestrian Crosswalk Easements shall not be less than 10' minimum width. 5) Emergency and Vehicular Access Easements shall be provided in conformance with the standards prescribed for alleys in paragraph D, 1), 2) and 3) of Section 9 hereof. 6) Flood Plain and Floodwa Easement widths shall be as deter- mined by design in accordance with City Ordinance No. 161-62, governing "Flood Hazard Districts." c. Easement Locations. Utility easements shall be provided along the perimeter boundary of a 1 subdivisions reflecting not less than the width specified in paragraph b. above, for the respective type of utility(ies) to be placed therein. One-half of the required easement may be shown along such perimeter when the adjoining property owner agrees in writing to the dedica- tion of the remaining one-half portion, otherwise the full easement width shall be shown. Easements alongside lot lines shall reflect one-half of the required easement width on each adjoining lot, unless design required some other arrangement. Blocks greater than 750' in length with lots averaging 10,000 square feet in area or less shall be provided with Pedestrian Cross- walk Easements as near to the midpoint of such block as is practical. Emer- gency and Vehicular Access Easements shall be located by design with respect to the intended purpose thereof. 9.14 Block Lengths and Widths. Block lengths and widths shall be determined with due regard to: a. Provision of sites suitable to the class of use contemplated. b. Limitations and opportunities of topography. c. Pedestrian and vehicular circulation within the subdivision, control and safety of street traffic. d. Convenience of access to community facilities serving the neigh- borhood in which the subdivision is located. 21, Residential and industrial blocks generally shall be not longer than 1200 feet and business blocks not longer than 1000 feet, unless conditions of topography, surrounding platted subdivisions or circulation requirements dictate otherwise. 9.15 Lots. Lot design and orientation shall be determined with due regard to the following standards: a. Lots shall be consistent with zoning regulations. When the specific proposed use of a lot or tract depends upon the future action by the City Council or other.properly designated authority, lot lines shall also be shown on the preliminary plan appropriate to a-use which does not require such action. b. Except as may be authorized under other City regulations every lot shall abut on a street. The bui-ldable area of every corner lot shall be equal to or be greater than the averave buildable area of interior lots in the subdivision designated for the same class of use. c. Lots not served by a public or quasi public community sewer. system and located in a.subdivision,, shall contain a'minimum area of one acre to to support a private septic tank and leach field. The septic system must be installed in accordance with the applicable City ordinances. 9.16 Building Lines. Front building lines shall be shown or indicated on all plans and plats consistent with the applicable zoning requirements for the district(s) in which the subdivision is governed. Side and rear yard building lines need not be shown but front building lines abutting any public or private street shall be shown or indicated on the plan or plat. 9.17 Sites for Public Use. Providing adequate sites for parks, rec- reation, open spaces and of er community facilities is a public necessity in an urban area. The acquisition and improvement of these sites in step with private developemnt of the area served by them is of mutual benefit to the subdivider and to the public. Therefore, the subdivider shall consider the need and purpose for such sites in his design. Where these sites are for the exclusive benefit of the subdivision they shall be dedicated to a property owners association as a part of the final plat. I11here such sites are to serve a public use or need, in conformance with the City's Comprehensive Plan, the subdivider shall declare in writing the terms acceptable to him for acquisi- tion of the site(s) by fee title or easement, or portions thereof, by the af- fected public agencies. Such declaration of terms shall be deposited in dup- licate with the Plan Administrator concurrent with presentation of the Final Plat. The Plan Administrator shall forward such declaration to the appropri- ate public agency with a copy of the proposed final plat. No final plat shall be accepted for filing with the Commission unless or until the condition has been complied with. The Plan Administrator shall include in his report to the Commission, information as to the status of negotiations for said public sites prior to the Commissions's approval of the final plat. SECTION 10. DEVELOPER'S AGREEMENT Following approval of the preliminary plan by the Commission, the sub- divider shall enter into a "developer's agreement" with the City Council P 22. regarding 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 thesbdivb- sion. Such agreement shall be based on cost estimates thereof, prepared y the subdivider's engineer, and approved by the City Engineer; any other spe- cial conditions (i.e., city-developer cost sharing participation agreements); and that the stated improvements will be installed within a 5 year period. The agreement shall be drafted and approved as to form by the City Attorney, prior to approval and execution by the City Council. SECTION 11. PERFORMANCE BOND The subdivider shall submit a "performance bond," or deposit an amount in escrow with the City, to cover 100% of the costs for furnishing and instal- ling all required public improvements in the subdivision. Said bond or escrow agreement shall be approved as to form and amount by the City Attorney prior to acceptance by the City Council, and shall contain provisions to insure the completion of work to be performed in the subdivision, with respect to the plans and specifications covering said work and approved by the City Council, and to insure payments to all contractors and subcontractors. SECTION 12. MAINTENANCE BOND Upon completion of all work required in the subdivision, as covered by the "developer's agreement" and "performance bond," and prior to the City's release of the performance bond or escrow deposit anj final acceptance of the subdivision by the City, the developer shall be required to submit a "main- tenance bond" or escrow amount deposit with the City to cover 100% of the total cost of the public improvements placed or constructed in the subdivision. Said bond shall cover a period not to exceed two years, and shall be approved by the City Attorney prior to acceptance by the City Council. ,FCTION 13. ENGINEERING DOCUMENTS REGARDING PUBLIC IMPROVEMENTS The subdivider shall submit 3 copies of all required plans, profiles, details, charts, schedules and specifications pertaining to all public improve- ments to the City for review and approval by the City Engineer. The preparation of such engineering documents shall be in accordance with accepted engineering practices. The Plan Administrator shall, upon receipt of the engineering doc- uments,transmit two copies to the City Engineer and retain one copy in the City files. The City Engineer shall return one copy to the City with his comments and/or approval and retain one copy for.his file. The developer shall cause to have made all changes or corrections to the documents, as outlined by the City Engineer, so as to conform with all applicable City standards and regula- tions, and shall furnish the City with 4 copies of the final approved plans and specifications... Upon approval of the engineering documents, and consummation of the "developer's agreement," and performance bond, the developer may proceed with the installation and construction of the required public improvements. SECTION 14. RECORDING OF FINAL PLATS Approval of final plat shall be void unless necessary "developer's agree- ments" and fiscal agreements have been approved by the City. The City Council 23. shall, within 15 days of the consummation of such agreements and final plat approval direct the Plan Administrator to cause the final.plat to be recorded in the Office of the County Clerk. No final plat shall be returned or released to the subdivider until recorded as provided above. , SECTION 15. VACATION OF RECORDED PLATS Any recorded subdivision plat may be vacated by the proprietors of the land covered, upon approval of the City Planning and Zoning Commission and the City Council in conformance with the provisions and procedures of Article 974A of Vernon's Texas Civil Statutes, as amended. SECTION 16. DISAPPROVAL OF PLANS AND PLATS If any such plan, plat or replat is disapproved by the City Planning and Zoning Commission and City Council, such disapproval shall be deemed a refusal by the City of the offered dedication shown thereon. SECTION 17. PUBLIC HEARING: PRELIMINARY PLAN; SHORT FORM PLAT Prior to the City Planning and Zoning Commission's approval of a pre- liminary plan or short form plat, the Cormission shall: cause the public ad- vertisement of and mailing notification to adjacent property owners affected by the proposed subdivision, advising sarpe of time, date, place and nature of the public hearing to the held theron'by the Commission. No additional public hearings are required by the City Council with respect to said pre- liminary plan or short form plat; and no public hearings shall be required by either the Commission or Council on a final plat of a subdivision for which the preliminary plan therof was previously approved by the Commission. Review and approvals by the Commission and Council on a final plat shall be conducted through the normal course of business, when such final plat has been found to be substantially in accord with the previously approved pre- liminary plan. Public hearing advertisements and mailing notices to affected land owners shall be performed by the City's Plan Administrator. Upon filing of the preliminary plan or short form plat, filing fee and supporting docu- ments by the subdivider. with the Citv's Plan Administrator as follows: a. Public Hearing Advertisement. The Plan Administrator shall ad- vertise and cause the publication of, on behalf of the Commission, in the official newspaper of the City, the nature of the public hearinq to be held by the Commission, together with the time, place and date thereof, not less than 15 days prior to said public hearing date. As a minimum, the advertise- ment shall include (1) name(s) and address(es) of the applicant/subdivider requesting the approval of the plan/plat, (2) the perimeter legal description and gross acreage of the property to be subdivided, (3) the general location of the property in petition, and (4) the time, date and place of the Commission's public hearing. b. Mailed Notices to Ad.iacent Affected Property Owners. The Plan Administrator shall prepare and cause the mailing of notices to all record owners of real property, as appears on the most current City tax rolls, lying within 200 feet of the land embraced by the subdivider's petition. Said no- tices shall be mailed through general U. S. post office mails not less than 24. 15 days prior to the date.df public.hearipg. Such notices shall include, as a minimum, the information described for public hearing advertisement in paragraph a. above, plus the number of lots or tracts, by land use/zoning classification, proposed within the subdivision. SECTION 18. VARIANCES Where literal compliance with any provision or standard of these re- gulations creates or causes an unnecessary or impractical hardship in the subdivising of a tract of land, the Commission shall have the authority to grant a modification in the application or such provision or standard. In no case, however, shall the Commission grant such modification unless it finds that all of the following conditioq$ are satisfied: a. That the modified proposal wpuld conform to the City Plan; and b. That literal enforcement of p provision would render subdivision of the tract of land impractical; and c. That literal enforcement of p provision will result in an un- necessary or impractical hardship in the subdivision of a tract of land; and d. That granting of a modification will not have the effect of pre- venting the orderly subdivision of other 'land in the area in accordance with the provisions of these controls. SECTION 19. AMENDMENTS These regulations may be amended from time to time after public hearing held thereon by the+ City Planning and.Z.oo i ng Comni ssi on .and City Council, in the manner prescribed by state law. SECTION 20. DEFINITIONS 20.1 Usage. a. For the purpose of these regplations, certain numbers, abbrevia- tions, terms, and words used herein shall be used, interpreted, and defined as set forth in this section. b. Unless the context clearly indicates! to the contrary, words used in the present tense include the future tense; words used in the plural number include the singular; the word "herein" roans "in these regulations"; the word "regulations" means "these regulations." c. A "person" includes a corporation, a partnership, and an incor- porated association of persons such as a property owners association; "shall" is always mandatory; a "building" includes a "structure a "buildina" or "structure" includes anv part thereof; "used" or "occupied" as applied to anv land or bui l di na shall be construed: to i,gpl ude' the words'4 i nternded, :,arranged, or designed to be used or occupied." 25. 20.2 Words And Terms Defined: a. Alley. A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose prin- cipal frontage is on some other street. b. Applicant. The owner of lane proposed to be subdivided or his representative. Consent shall be required from the legal owner of the premises. c. Block. A tract of land bounded by streets, or by a combination of streets and pub is parks, cemeteries, ~?ailroad rights-of-way, shorelines of waterways, or boundary lines of municipalities. d. Bond. Any form of security jncluding cash deposit, surety bond, collateral, property, or instrument of crtdit in an amount and form satisfac- tory to the City Council. All bonds shale be approved by the City Council whenever a bond is required by these reguClations. e. Building. Any structure bufi~t for the support, shelter, or en- closure of persons, animals, chattels, orb movable property of any kind, and includes any structure f. Building Setback Line. The p stance between a building and the street right-of-way line nearest thereto.) g. Commission. The official C V Planning and Zoning Commission of the City which is authorized to revie~ and approve subdivision plans and plats. h. Council. The official Bove lO ng body (City Council) of the City. i. Cul-De-Sac. A local street kith only one outlet and having an appropriate terminal for the safe and cor~fenient reversal of traffic movement. j. Developer. The owner of la proposed to be subdivided or his representative. Tonsent shall be require from the legal owner of the premise. k. Easement. Authorization by property owner for the use by another, and for specified purpose, of ar designated part of his property. 1. Escrow. A deposit of cash with the local government in lieu of an amount required and still in force on performance or maintenance bond. Such escrow funds shall be deposited by 4e City in a separate account. m. Final Plat. The map or plan or record of a subdivision and any accompanying material, as described in these regulations. n. Lot. A tract, plot, or portion of a subdivision or other parcel of land intende- as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development. o. Preliminary Plan. The prelipinary drawing or drawings, described in these regulat ns- , indicating the proposed manner or layout of the subdivi- sion to be submitted to the Planning Comgission for approval. 2G. p. Public improvement. Any dr~iinage ditch, roadway, sidewalk, pedestrianway, off-street parking area, lot improvement, or other facility for which the local government may ultim4itely assume the responsibility for maintenance and operations, or which any affect an improvement for which local government responsibility is established. All such improvements shall be properly bonded. q. Resubdivision. A change in a map of an approved or recorded subdivision pat if such change affects py street layout on such map or area reserved thereon for public use, or any lot line; or if it affects any map or plan legally recorded prior to thll,adoption of any regulations con- trolling subdivisions. r. Right-of-Way. A strip of l1ind occupied or intended to be oc- cupied by a street, crosswalk, railroad road, electric transmission line, oil or gas pipeline, water main, sanitari or storm sewer main, or for another special use. The usage of the term "right-of-way" for land-platting purposes shall mean that every right-of-way herea'ter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sani- tary sewers, storm drains, or any other yse involving maintenance by a public agency shall be dedicated to public use qy the maker of the plat on which such right-of-way is established. s. Street. That portion of a right-of-way between property lines, measured at r~h gt angles to the center 11ne of the right-of-way, in which the traveled roadway, sidewalk's, and cerl;ain utilities are placed. A street is intended to provide the principal meaq,s of vehicular access to abutting lots and parcels. t. 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, leasel, or develops, or offers to sell, lease, or develop, or advertises for salq,, lease or development, any interest, lot, parcel, site, unit, or plot in a suq,division, or, who (3) engages direct- ly or through an agent in the business of selling, leasing, developing, or offering for sale, lease or development 1 subdivision or an interest, lot, parcel site, unit, or plot in a subdivision, and who (4) is directly or in- directly controlled by, or under direct, or indirect common control with any of the foregoing. All persons who, after, the above events desCriA d in this subsection t. occurs, shall be considerel to have an interest in land whether as buyer or lessee and shall be a subdivider. u. Subdivision. Any land, vacgnt or improved, which is divided or proposed to be divided into two (2) or mqre lots, parcels, sites, units plots or interests for the purpose of offer, sale, lease or development, either on the installment plan or upon aqy and all other plans, terms and conditions, including resubdivision. The word "land" shall include nqt only use or proposed use of land for lots, parcels, sites, units and plotq; but, also uses of land for public streets, public alleys, public parks, or use for any other public purpose. 27. Subdivision includes all zoning plassifications of land and the fact that the land description used either before or after division is in the form of metes and bounds or any other form shall not exclude the same from this definition of subdivision. Land divided solely because of a partition deed, devise or intestacy shall not be considered a subdivision, providing the resulting land owner- ships are consistent with the terms of the partition deed, the probated will or the intestacy law. However, a plat showing such division and resulting ownerships must be filed with the City Planning and Zoning Commission. A gift of land shall not be considered as a subdivision providing it is totally a gift for love and affection only and a timely Federal Gift Tax Return is filed and a copy filed with the Planninq and Zoning Commission to- gether with a plat showing the division and resulting ownerships. In the event a gift was not of sufficient value for a Federal Gift Tax Return to be filed, then an affidavit stating such fact together with the plat showing the division and resulting ownerships may be filed in lieu of the Federal Gift Tax Return copy. . SECTION 21: APPEALS. Appeals from any action of any administrative official under this Ordinance shall be filed in writing within 30 days after such ac- tion and shall be appealed to the Zoning Board of Adjustment. SECTION 22: SEPARABILITY CLAUSE. Should any section of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affecta,t~e validity of the ordinance as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid. SECTION 23: VIOLATIONS AND PENALTIES. Violation of the provisions of this ordinance or failure to comp y wit any of its requirements, unless a variance has been granted by the Commission, shall constitute a misdemeanor. Any per- son who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not less than Ten ($10.00) Dollars nor more than Two Hundred ($200.00) Dollars. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. SECTION 24: REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of or- dinances in direct conflict with any of t e provisions of this ordinance are hereby repealed insofar as the same are in direct conflict with the provisions hereof; however any ordinance requiring a more stringent or detailed provision shall remain in force to such extent. SECTION=+85: EFFECTIVE DATE. This ordinance shall become effective and be in full force and effect from and after its passage and publication as required by law, and so accordingly ordained. PASSED, this,, day of ATTEST: mayor City Secretary APPROVE D AS TO FORM: City Attorney