No preview available
Ordinance 1962-08 ORDINANCE NO. 62-8 PREAMBLE These regulations are adopted by the City Council of the City, as a guide for persons or corporations intending to subdivide land located within the City Limits. The exercise of this supervision is in accordance with the general laws of the State of Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY: TABLE OF CONTENTS Page Section PREAMBLE 1. General 1 2. Definitions 2 3. Proceudre 3 4. Design Standards 6 5. Improvements 9 6. Fees and Charges 12 7. Variances 13 8. Penal ties 14 9. Validity 14 Section 1. General Pll property not subdivided into lots, blocks, and streets within the City shall hereafter be laid out subject to the approval of the City Planning Commission or, in the absence of such a commission, by the City Council, or subject to its approval, and no other subdivision will be recognized by the City. Prior to the consideration of the plat by the City Planning Com- mission, the City Engineer will check the plat and make recommendations. It shall be unlawful for any owner, or agent of any owner, to subdivide, any lands which have not been subdivided, and platted according to these regulations and the rules of the City Planning Commission. The City hereby defines its policy to be that the City will withhold improve- ments of any nature whatsoever, including the maintenance of streets and furnishing of sewage facilities and water service from all additic._.s, until the subdivision plat has been approved by the City Planning Commission or, in the absence of such a commission, by the City Council. No improvements should be initiated nor any contracts executed until this approval has been given. 1 Section 2. Definitions Alley: This is a minor way used primarily for vehicular service to the rear or side of properties otherwise abutting on a street. City: City as used in this ordinance shall mean the City of Wylie, Texas. Governing Body: The City Council of the City or any duly appointed official, officer, or agency designated by said City Council to execute the pro- visions of the Zoning Ordinance. Re-Subdivision: This shall mean the division of an existing subdivision, together with any change of lot size therein, or with the relocation of any street lines. Street: The term street means a way for vehicular traffic, whether desig- nated as a street, highway, thoroughfare, parkway, road, avenue, lane, place or otherwise designated: 1. Highways are those which are primarily used for fast or heavy traffic. 2. Collector streets are those which carry traffic from minor streets to the arterial streets and highways. 3. Minor streets are used primarily for access to the abutting properties. Subdivision: The term subdivision shall mean the division of land, for the purpose, whether immediate or future, of transfer of ownership or building development, expressly excluding development for agricul- ture purposes, and shall include re-subdivision. 2 Section 3. Procedure A. Pre-Application Procedure. Prior to the filing of a preliminary plat, the subdivider shall consult with interested parties representing the City concerning the ultimate land use of the proposed development, the suitability of the location of the proposed subdivision, the most advantageous subdivision plan, the arrangement of streets, alleys and lots. and the layout of utility lines and availability of service from trunk mains. Conditional ap- proval as to the general land use of the proposed subdivision must be obt ained from the City Planning Commission prior to preparation of the preliminary plat. B. Preliminary Plat. An application, in writing, for the tentative approval of the Prelim- lnar'Y Plat, together with 6 prints. shall be filed with the City Plan- ning Commission at least 1 week before the meeting of the Commission, if the plat is to be acted upon at such meeting. The plat shall be drawn to a scale of one hundred (100) feet to the inch, or larger, and shall show: 1. The proposed name of the subdivision. 2. North point, scale, and date. 3. The names and addresses of the subdivider and of the engineer, surveyor, or planner. 4. The tract designation and other descripticn according to the real estate reco:rds of the City or County Audito:: an,~ Recorder, also, designation of the prcfo::;ed uses cf land within the sub- division. 5. The boundary line (acc').rate in scale) of the tract to be subdivided. 6. Contours with intervals of 2 feet or less. referred to sea-level datum. 7. The names of adjacent subdivisions or the names of record owners of adjoining parc~ls of unsu~divided land. 8. The locatio-a, widths, ar..d nanles of all E:xisting or platted streets or other public ways within or adj:lcent tv the t:!'act, existing permanent buildings. railroa.d rigl:.ts-of-way, and other impor- tant features, such as section lines, political subdivision or corporation lines, and school district boundaries. 3 9. Existing sewers, water mains, culverts, or other underground structures within the tract and immediately adjacent thereto with pipe sizes, grades, and locations indicated. lO. All parcels of land intended to be dedicated for public use or reserved in the deeds for the use of all property owners in the proposed subdivision, together with the purpose of conditions or limitations of such reservations, if any. 11. The layout, names, and widths of proposed streets, alleys, and easements. 12. The layout, numbers, set back lines, and approximate dimen- s ions of propos ed lots. C. Final Plat. Six (6) copies, one in ink on linen, of the final plat of all or a portion of the approved preliminary plat shall be filed with the City Planning Commission at least 1 week prior to the meeting at which approval is requested. All final plats must be approved by the City Council, and their action is final, regardless of the action taken by the City Plan- ning Commission. The final plat shall be drawn to scale of one hundred (lOO) feet to the inch, or larger, and shall show or be ac- companied by the following: 1. The boundary lines with accurate distances and bearings, the exact location and width of all existing or recorded streets intersecting the boundary of the tract. 2. True bearings and distances to the nearest established street lines or official monuments, which shall be accurately described on the plat; municipal, township, county, or section lines ac- curately tied to the lines of the subdivision by distances and bearings. 3. An accurate location of the subdivision in reference to the deed records of Collin County. 4. The exact layout including: a. Street and alley names. b. The length of all arcs, radii, internal angles, points of curvature, length and bearing of the tangents. c. All easements for rights-of-way provided for public ser- vices or utilities and any limitations of the easements. d. All lot numbers and lines with accurate dimensions in feet and hundredths and with bearings and angles to street and alley lines to the nearest second. 4 5. The accurate location, material, and approximate size of all monuments. 6. The accurate outline description of all property which is offered for dedication for public use with the purpose indicated thereon, and of all property that may be reserved by deed covenant for the common use of the property owners in the subdivision. 7. Set-back building lines. 8 . Private res triction. 9. Name of the proposed subdivision. lO. Name and address of the subdivider. 11. North point, scale, and date. l2. P plan and profile of each street with top of curb grades shown. Scales shall be 1 inch equal 40 feet horizontally and 1 inch equal 4 feet or 6 feet vertically. 13. The cross -section of proposed streets showing the width of road- ways and location and width of sidewalk. 14. .P plan and profile of proposed sanitary and storm sewers, with grades and pipe sizes indicated, and a plan of the proposed water distribution system showing pipe sizes and location of valves. fire hydrants, and fittings. l5. Certificate of approval to be signed by the City's Engineer on plans and specifications for water, sewer, paving, and drainage. 16. Certification by a registered professional civil engineer or sur- veyor to the effect that the plan repres ents a survey made by him and that all the monuments shown thereon actually exist, and that their location, size and material are correctly shown. 17. A certificate of ownership and dedication of all streets, alleys, parks, and playgrounds to public use forever, signed and ac- knowledged before a Notary Public by the owner and lienholder of the land and a complete and accurate description of the land subdivided and the streets dedicated. Certificates of approval must be sIgned by the City Planning Com- mission. Six (6) sets of plans and specifications for water, sewer, paving, and drainage, prepared by a registered civil engineer, shall be approved and retained by the City Council prior to any construction in the subdivision. 5 Section 4, Design Standards A. Streets. 1. The arrangement, character, extent, width, grade, and location of all proposed streets shall conform to the general plan of the community and their relationship shall be considered to that of the existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. 2. Where such is not shown in the general plan for the Community, the arrangement of streets in a subdivision shall: a. Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; b. Conform to a plan for the neighborhood approved or adopted by the City Planning Commission to meet a particular situa- tion where topographical or other conditions make continuance or conformance to existing streets impracticable; c. Shall be laid out so that they shall intersect, as nearly as possible, at right angles. 3. Minor streets shall be so laid out that their use by through traffic shall be discouraged. 4. Street jogs with centerline offsets of less than 125 feet shall be avoided. 5. Street right-of-way widths shall be as shown in the general plan for the Community and where not shown therein shall be not less than as follows: Street Type Right-of-vlay VVidth Pavement Widths Back to Back Class 11 Secondary Thoroughfares Class III Secondary Thoroughfares Clas s IV Collector Street Class V Collector Street Minor Streets (Res idential) 80 80 60 60 50 62' + 4' Median 61 41 37 27 6 6. Half streets shall be prohibited, except where necessary to the reasonable development of the subdivisi~n in conformance with the other requirements of these regulati1:lns and where the City Planning Commission finds it will be pra<;ticable to require the dedication of the other half when the adjoining property is sub- divided. Where ever a half street has already been provided adjacent to an area to be subdivided, the other remaining half of the street shall be platted within such subdivision. 7. Dead-end streets, designed to be permanent, shall not be longer than 600 feet, from the nearest intersection, and there shall be provided at the closed end a turn-around having an outside road- way diameter of at least 80 feet. and a street property line diame- ter of at least 100 feet. 8. Street grades shall be established regarding topography, proposed land use. and the existing Community Drainage Plan and facilities in the area surrounding the land to be subdivided, providing de- sirable minimum street grades of 0.50%. An absolute minimum of 0.30% will be allowed. B. Alleys. 1. Alleys shall be provided in commercial and industrial districts ex- cept that the City Planning Commission may waive this require- ment where other definite and assured provision is made for ser- vice access, such as offstreet loading, unloading. and parking consistent with and adequate for the uses proposed. 2. Alleys shall be provided in all residential areas. 3. The minimum width of an alley shall be 20 feet in industrial and commercial areas and 15 feet in res idential ar~as. 4. Alley intersections and sudden changes in alignment shall be avoide but where necessary, corners shall be cut off 15' on each tangent to permit safe vehicular movement. 5. Dead-end alleys shall be avoided where possible, but if unavoid- able, shall be provided with adequate turn-around facilities, as determined by the City Planning Commission. 7 C. Eas ements . l. Easements across lots on rear or side lot lines shall be provided for utilities when necessary and shall be at least 10 feet wide. Easements if at all possible in all cases shall be completely on one side of the lot lines and'be contiguous. 2. Where a subdivision bounded by a water course, drainage way, channel. or stream. there shall be provided a storm water ease- ment or drainage right-of-way conforming substantially with the lines of such water course. and such further width or construction or both, as will be adequate for the purpose. D. Blocks. 1. The lengths, widths and shapes of blocks shall be determined re- garding: a. Provision of adequate building sites suitable to the special needs of the type of use proposed. b. Z.oning requirements as to lot sizes and dimensions. c. Needs for convenient access, circulation. control and safety of traffic. d. Limitations of topography. E . Lots. 1. All lots shall conform to regulations as set forth in the City Zoning Ordinance. 8 Section 5. Improvements P. Roadway Pavement. l. All roadways shall be paved. 2. The rights -of-way shall be graded for their full width to provide suitable finish grades for pavements, sidewalks, and planting strips with adequate surface drainage and convenient access to the lots. 3. M"nimum acceptable pavements shall be: a. 5-inch reinforced concrete pavement 2,500 p. s. i. with 6-inch integral concrete curb. B. Sidewalk. Concrete sidewalks having a width of not less than four (4) feet and thickness of not less than four (4) inches shall be constructed on both sides of J:e street within the subdivision. Said sidewalks shall be on3 (1) foot frc.m the property line within the street right-of-way and shall extend ahmg the street frontage including the side of corner lots and block ends, provided, that where it is impractical for the subdi- vider to p!"ovirl~~ such sidewalks on the side lot lines abutting major thoroug~1:f2,res 01" drainage ditches, within those circumstances side- walks shall not be required. c. Monuments and Markers. 1. Pern.anent Survey Reference Monuments. Concrete monuments. 6 inches in diameter and 24 inches long, shall be places on all boundary corners, block corners, curve points, and angle points. P. copper pin l/4-inch in diz.meter emcc:dded at least 3 ir.ches in t:he monument shall be placed at the e~;:act intersection point G,(~ the monument. The monuments shall be set at such an eleva.l;:on t}lat they will not be disturbed during construction, and the top of the monument shall be not less than 12 inches below the natural ground. 9 2. Lot Markers. Lot markers shall be l/2-inch reinforcing bar, 18 inches long. or approved equal, and shall be placed at all lot corners flush with the ground, or corner sunk if necessary, in order to avoid being disturbed. D. Storm Sewers. An adequate storm sewer system consisting of inlets, pipes and other underground drai- "'f4e structures with approved outlets shall be con- structed if in the opinion of the City the runoff of storm water and the prevention of erosion cannot be accomplished satisfactorily by surface drainage facilities. E. Sanitary Sewers. Sanitary sewer facilities shall be provided to adequately service the subdivision and conform with the City Sewer Plan. 1. All sewer pipe shall be vitrified clay sewer pipe. 2. A minimum of 8-inch sewer pipe shall be specified, except that 6-inch lines will be acceptable only in the locations where so approved by the City. 3. All joints shall be made with resilient materials conforming with the latest requirements of the A.S. T. M. Designation C 425. 4. Whereever possible, sewers shall be located in the alleys or ease- ments and shall be 5 feet to 6-1/2 feet deep to invert. F. Water Lines. Water systems shall have a sufficient number of outlets and shall be of sufficient size to furnish adequate domestic water supply, to furnish fire protection to all lots , and to conform with the City's Water Plan. l. All water mains shall be cast iron pipe and shall have a minimum cover of 42 inches. lO 2. In general, fire hydrants shall be placed on block corners or near the center of the block in such a manner as to put all of every lot within a radius of 500 feet (preferably 400 feet) of a fire hydrant. 3. All fire hydrants shall have a valve opening of not less than 5 inches and shall be placed on mains of not less than 6 inches in diameter. Six-inch valves shall be placed on all fire hydrant leads. G. Utility Services. All services for utilities shall be made available for each lot in such a manner so as to eliminate the necessity for disturbing the street pavement, curb, gutter. and drainage structures when connections are made. H. Final Plans. Upon completion of construction of any such utilities or improvements, one set of reproducible tracings of completed final plans, dated, signed. and certified by the engineer in charge shall be filed with the City Secretary of the City, showing all features as actually installed, including materials, size, location, depth or elevation, numbers, ends of lines, connections, wyes, valves, storm sewer drains, inlets and all other pertinent information. The City shall make no connec- tion to such utilities until the foregoing has been complied with. 11 Section 6. Fees and Charges The following schedule of fees and charges shall be paid to the City when any plat is tendered to the City Planning Commission or any other board or agency, and each of the fees and charges provided herein shall be paid in advance, and no action of the City Planning Commission or any other board or agency shall be valid until the fee or fees shall have been paid to the officer designated therein. The City Secretary, his deputies or assistants, shall calculate the fees and charges in accordance with the following schedule: 1. Preliminary Plats, $10.00 per plat, plus $1.00 per lot. 2. Final Plats, $20.00 per plat, plus $2.00 per lot. 3. For approval of multiple dwellings areas, business or industrial areas not subdivided into lots, both preliminary and final plats shall carry a fee of $5.00 per acre. 4. These fees shall be charged on all plats, regardless of the action taken by the City Planning Commission whether the plat is ap- proved or denied. 12 Section 7. Variances A. Hardship. Where the Planning Commission finds there are extra-ordinary hard- ships resulting from strict compliance with these regulations, it may alter the regulations so that substantial justice may be done and the public interest secured; provided that such alteration will not have the effect of nullifying the intent and purpose of the general plan of the Community or these regulations. Such variances and modifica- tions as may be granted under this section shall be by at least a 3/4 majority of the City Planning Commission. B. Conditions. In granting variances and modifications, the City Planning Commission may require such conditions as it may, in its judgment, secure sub- stantially the objectives of the standards or requirements so varied or modified. 13 Section 8. Penalties Violation of any provision or provisions of this Subdivision Ordinance by any subdivider shall constitute a misdemeanor and upon conviction of such violation there shall be imposed a fine not exceeding Two Hundred Dollars, ($200.00) . Notice,' in writing, shall be given for the removal of a physical violation. After such notification, a reasonable time limit will be established at the discretion of the Governing Boq.y, for removal of sa~d violation. Each day the violation continues to exist, after expiration pf Q.me limit, shall con- stitute a separate offense. Section 9. Validity If for any reason any section, paragraph, subdivision, clause, phrase, or provision of this Ordinance shall be held invalid, it shall not effect the re- maining provisions of this or any other ordinance of the City to which these rules and regulations relate. PASSED PND APPROVED this 8th day of May 1962 14