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McGREGOR SUBDIVISION ORDINANCE 25-15
TABLE OF CONTENTS
PART I: C GENERAL PROVISIONS
SEC. 1.1 SHORT TITLE
SEC. 1.2 AUTHORITY TO ADOPT A SUBDIVISION ORDINANCE
SEC. 1.3 PURPOSE
SEC. 1.4 INTENT
SEC. 1.5 COMPLIANCE WITH THE SUBDIVISION ORDINANCE
SEC. 1.6 APPROVAL AUTHORITY
SEC. 1.7 JURISDICTION/EXEMPTIONS
SEC. 1.8 CONFORMANCE TO APPLICABLE LAWS AND REGULATIONS
PART II. LANGUAGE OF THE SUBDIVISION ORDINANCE
SEC. 2.1 GENERAL CONSTRUCTION OF LANGUAGE
SEC. 2.2 DEFINITIONS
PART III: GENERAL REGULATIONS
SEC. 3.1 SUBDIVISION APPROVAL PROCESS
SEC. 3.2 FILING FEES AND PROCEDURES
SEC. 3.3 REQUIRED DOCUMENTS
SEC. 3.4 RESERVE TRACTS
SEC. 3.5 SUBDIVISION ACCESS ACROSS LAND IN ANOTHER MUNICIPALITY
SEC. 3.6 UNSUITABILITY OF LAND FOR SUBDIVISION OR DEVELOPMENT
SEC. 3.7 SUBDIVISION NAME
SEC. 3.8 ENGINEERING
SEC. 3.9 VACATED SUBDIVISION PLAT
SEC. 3.10 AMENDED SUBDIVISION PLAT
SEC. 3.11 REPLATTING
SEC. 3.12 REQUIREMENTS FOR CERTAIN RESIDENTIAL REPLATS
SEC.3.13 APPROVAL OF MINOR PLATS AND AMENDED PLATS
PART IV: REGULATIONS FOR SPECIAL CASE SUBDIVISIONS
SEC. 4.1 DEVELOPMENT WITHIN THE ONE HUNDRED YEAR FLOOD
PLAIN
SEC. 4.2 HUD-CODE MANUFACTURED HOME SUBDIVISIONS
SEC. 4.3 PLANNED UNIT DEVELOPMENTS
PART V: REQUIRED IMPROVEMENTS
SEC. 5.1 TEMPORARY IMPROVEMENTS
SEC. 5.2 PERMANENT IMPROVEMENTS
SEC. 5.3 WAIVER OR DEFERRAL OF REQUIRED IMPROVEMENTS
PART VI: DESIGN STANDARDS FOR LOTS
AND BLOCKS
SEC. 6.1 LOTS
SEC. 6.2 BLOCKS
SEC. 6.3 MONUMENTS
PART VII: COMPLIANCE WITH ORDINANCE
SEC. 7.1 COMPLIANCE WITH ORDINANCE PROVISIONS REQUIRED
SEC 7.2 CITY IMPROVEMENTS TO BE WITHHELD
SEC. 7.3 WITHHOLDING IMPROVEMENTS
SEC. 7.4 BUILDING PERMIT TO BE WITHHELD
SEC. 7.5 CERTIFICATE OF OCCUPANCY TO BE WITHHELD
SEC. 7.6 VIOLATION OF ORDINANCE PROVISIONS
SEC. 7.7 PENALTIES FOR VIOLATION
SEC. 7.8 ENFORCEMENT
SEC. 7.9 APPEAL OF DECISION OF CITY COUNCIL
SEC. 7.10 VARIANCES AND EXCEPTIONS
ORDINANCE NO. 25-15
AN ORDINANCE OF THE CITY OF MCGREGOR, MCLENNAN COUNTY, TEXAS; ESTABLISHING
RULES AND REGULATIONS GOVERNING SUBDIVISIONS; REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY; PROVIDING
A SAVINGS CLAUSE; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS
PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCGREGOR, TEXAS:
Section 1. Chapter 18 of the City of McGregor Code of Ordinances entitled
"Subdivisions" is herewith repealed in its entirety.
PART I: GENERAL PROVISIONS
Sec. 1.1 SHORT TITLE
This ordinance shall be cited as the Subdivision Ordinance of the City
of McGregor.
Sec. 1.2 AUTHORITY OF THE CITY OF MCGREGOR
TO ADOPT A SUBDIVISION ORDINANCE
This ordinance is adopted under the authority of the Constitution and
laws of the State of Texas.
Sec. 1.3 PURPOSE
The Subdivision Ordinance of the City of McGregor has been adopted in
accordance with the Comprehensive Plan for the City of McGregor to promote
the health, safety, and general welfare of the city and its Extraterritorial
Jurisdiction (ETJ) through orderly and beneficial development. The purpose
of these regulations is to secure safety from fire, flood, and other
dangers; to provide orderly growth in the city and the Extraterritorial
Jurisdiction (ETJ); provided equitable access to air, water, and light;
to guard these resources against misuse and pollution; to protect the
beauty, value, and stability of the land located in the city and ETJ;
to foster a beneficial relationship between the land and traffic circulation;
to facilitate safe, convenient, efficient movement of pedestrian and
vehicular traffic by means of proper dimensioning and location of streets
and buildings; to insure the adequate provision of water, sewerage,
drainage, streets, parks and open space to all citizens; to safeguard
the character and stability of all parts of the city and ETJ; to expedite
the transfer and development of property through the requirement of
correct legal description and adequate monument placement; and to assist
developers in making decisions concerning the use of resources.
Sec. 1.4 INTENT
In order to accomplish the purposes set forth in Section 1.3, it is
the intent of this ordinance:
1.401 To direct development and re-development in the city and in accord
with goals, objectives, and policies of the Comprehensive Plan;
1.402 To encourage the orderly layout and appropriate use of land through
a consistently applied subdivision procedure;
1.403 To maintain or improve the quality of development and re-development
of land through engineering and design standards;
1.404 To provide for the fair and expeditious administration of this
ordinance through a cooperative and coordinated review process.
Sec. 1.5 COMPLIANCE WITH THE SUBDIVISION ORDINANCE
It shall hereafter be unlawful for any person or agent of any person
to layout, subdivide, or plat any land within the City of McGregor and/or
its Extraterritorial Jurisdiction into lots, blocks, or other parcels,
or to sell or otherwise transfer property therein which has not been
laid out, subdivided, and platted according to these regulations.
Sec. 1.6 APPROVAL AUTHORITY
The Zoning Commission and City Council of McGregor are hereby given
the responsibility and legal authority to review, approve or disapprove
all subdivisions, amended plats, replats and vacated plats. Hereafter,
any land that is to be subdivided into lots, blocks, or other parcels
shall be reviewed, approved or disapproved by the Zoning Commission
and City Council.
Failure to submit subdivisions or plats to the review process as described
herein shall be deemed an illegal act. The City will not recognize such
subdivision or plat.
Sec. 1.7 JURISDICTION/EXEMPTIONS
A plat for land within the City and its ETJ is required for approval
before a person may divide the land into two or more parts for the purpose
of sale of one or more lots or for the development of lots and streets,
alleys, squares, parks, or other parts intended to be dedicated to public
use or for the use of the purchasers of lots.
1.701 The following types of subdivisions in the City of McGregor and
its Extraterritorial Jurisdiction do not require subdivision plat submittal
or approval by the Zoning Commission or City Council.
A) If each of the lot(s):
1) Is greater than five (5) acres in size; and
2) Does not require the extension of new utilities or street construction;
or
B) The tract of land is to be used solely for the financing of the construction
of a building, or for the refinancing of an existing building; or
C) Where there is a division of property through either conveyance,
inheritance, the probate of an estate, or by a court of law between
persons related in the first degree of consanguinity, and the property
is divided into unequal tracts which do not exceed one (1) tract per
person related in the first degree of consanguinity, the larger tract(s)
will not have to file a plat for approval if the larger tract(s) would
otherwise be exempted from the platting requirement in accordance with
sections 1.701 (A), 1.701(B), 1.701(C) or 1.701(D) of this ordinance.
This exception from the plat submittal or approval process only applies
to the initial division and transfer of property from the original transferor
to a person or persons related in the First degree of consanguinity.
D) In the event a property owner of two or more contiguous platted and
approved lots within a platted and approved subdivision desires to build
a single structure on said lots, such lots shall be considered as
one lot for purposes of this ordinance, and, the common property line
of said lot shall be deemed not to exist for purposes of side or rear
yard requirements. Nothing contained herein shall authorize or be deemed
to be an abandonment of any dedicated easement or right-of-way affecting
or crossing any such lot or lots and any such easement or right-of-way
may be abandoned only by the City Council, in its discretion. Further,
as to such lots, only, submission of the site plan to the city at the
time an application for a building permit is made, shall be deemed to
be a designation by the property owner of the minimum front, side, and
rear yards for said lots and the same shall be deemed to be the minimum
front, side, and rear yards for said lots and the same shall be deemed
to be the minimum front, side and rear yard requirements for said lot
from and after issuance of the building permit applied for, provided
that such front, side and rear yards must meet the requirements of this
ordinance.
Sec. 1.8 CONFORMANCE TO APPLICABLE LAWS AND REGULATIONS
All subdivisions within the City Limits and Extraterritorial Jurisdiction
of McGregor shall comply with applicable Federal, State and local laws
along with any rules and regulations enacted pursuant thereto. Additionally,
all subdivisions shall comply with the following regulations and rules:
A) A Certification that the City Council has reviewed and approved the
plat prior to connection of any public utility
B) The Zoning Ordinance of the City of McGregor, the Official Comprehensive
Plan of the City of McGregor, Major Street plans and any other standards
or regulations adopted by the City Council.
C) The City of McGregor Standard Construction Specifications and Details
for Streets, Drainage, Sanitary Sewer and Water Improvements and the
City of McGregor Storm Drainage Design Manual; the City Street, Water,
and Sanitary Sewerage System Master Plan.
D) The requirements of the appropriate County Public Health District.
E) The regulations of the State of Texas, Department of Highways and
Public Transportation (if any part of the subdivision lies adjacent
to a highway controlled and/or maintained by the State.
F) The City of McGregor's Street Capital Improvements Plan.
G) City of McGregor Engineering Design Policies and Procedures.
PART II. LANGUAGE OF THE SUBDIVISION ORDINANCE
Sec. 2.1 GENERAL CONSTRUCTION OF LANGUAGE
The following general rules of construction apply to the textual provisions
of this ordinance.
2.101 Section and subsection headings in this ordinance do not govern,
limit, modify, or in any manner affect the scope, meaning, or intent
of any provision of this ordinance.
2.102 "Shall" and "must" are mandatory and not discretionary.
"May" is discretionary.
2.103 Words used in the present tense include the future tense. Words
used in the singular include the plural, and words used in the plural
include the singular unless the context clearly indicates the contrary.
2.104 Unless the context clearly indicates the contrary, the following
conjunctions are to be interpreted as follows:
A) "And" indicates that all connected items or provisions
apply;
B) "Or" indicates that the connected items or provisions apply
singly or in combination;
C) "Either or" indicates that the connected items or provisions
apply singly but not in combination.
Sec. 2.2 DEFINITIONS
The following definitions shall apply to the textual provisions of this
ordinance.
2.201 ADDITION. Any land subdivided in accordance with these regulations,
approved by the City Council, and added to the City map as part of the
City.
2.202 ALLEY. A public right-of-way, other than a street providing secondary
access to the abutting premises.
2.203 AMENDED SUBDIVISION PLAT A recorded plat approved by the City
Council amending a preceding plat, the sole purpose being to correct
minor errors of the preceding plat, without changing the legal description.
2.204 ARTERIAL STREETS
A) Principal. Principal arterials are higher-level arterial streets,
designed to carry high volumes of traffic on a continuous urban area
route. Generally, the characteristics of this type of street should
be severely restricted and capacity carefully protected.
B) Minor. A minor arterial is a continuous moderate to high volume facility
designed to carry major travel. Arterials should surround neighborhoods,
but not penetrate them. Access should be moderately restricted along
minor arterials to protect capacity by side-on development, reverse
frontage developments, or requiring access via an intersection street.
2.205 BLOCK (Geographic Block). A tract of land bounded by streets and/or
any of the following; a public park, a cemetery, railroad right-of-way,
a shoreline, a waterway, or the boundary line of a municipality.
2.206 BLOCK (legal designation). A portion of a particular addition
and identified as a block made up of one or more surveyed lots and not
necessarily completely surrounded by geographic features such as streets
or alleys.
2.207 BUILD. To erect, convert, enlarge, construct, reconstruct, or
structurally alter a building.
2.208 BUILDING. A roofed structure supported by columns or walls for
shelter, support, and enclosure of persons, property, or animals. Also,
anything built that requires a permanent location. This term also includes
structure.
2.209 BUILDING PERMIT. A permit issued by the City of McGregor for the
construction of a new structure or the renovation or addition of an
existing structure. Foundation, plumbing and electrical permits are
included within this designation.
2.210 CERTIFICATION. A document signed by the Mayor of the City McGregor
or other designated person stating the status of compliance with the
City of McGregor Subdivision Ordinance of a given tract or parcel of
land.
2.211 CITY. The City of McGregor, McLennan and Coryell Counties, Texas.
2.212 CITY ATTORNEY. Legal counsel for the City of McGregor.
2.213 CITY ENGINEER. That person or group of persons appointed as
city engineer.
2.214 CITY MANAGER. Chief Administrative Officer of the City of McGregor.
2.215 CITY TRAFFIC ENGINEER. A registered engineer or a designated City
of McGregor representative (see def. 2.260) having specialized training
and expertise in the field of transportation engineering and acting
on behalf of the City of McGregor.
2.216 COLLECTOR STREET. Collector streets are low to moderate volume
facilities, which collect traffic from local streets within a neighborhood
and carry it to an arterial street or local trip generators.
2.217 COMMISSION. The Zoning Commission of the City of McGregor, Texas.
2.218 COMPREHENSIVE PLAN A master plan for development of the City of
McGregor or any of its geographical parts, adopted, or thereafter amended
by the Commission and Council.
2.219 CONSANGUINITY. The quality or state of being related to another
by blood. That is, one is the descendant of the other or they share
a common ancestor. A person has first degree of consanguinity with his/her
father, mother, daughter, or son.
2.220 CONSTRUCTION PLANS. Engineering drawings or specifications prepared
by a Registered Professional Engineer, showing the specific location
and design of public improvements to be installed in accordance with
the requirements of the City Engineer, City Zoning Commission and the
City Council.
2.221 COUNCIL. The City Council of McGregor, Texas, having the authority
to review, approve, or disapprove, all subdivision plats.
2.222 COUNTY. Coryell or McLennan County, Texas depending in which county
of record the subdivision plat is to be located in.
2.223 COUNTY CLERK. The recording officer of legal records for either
Coryell or McLennan County, Texas.
2.224 COUNTY COMMISSIONERS COURT The Commissioners Court of either Coryell
or McLennan County, Texas.
2.225 COUNTY ENGINEER. The Engineer for either Coryell or McLennan
County, Texas.
2.226 DATUM. The reference on which elevations are established.
2.227 DEVELOPER. The owner or legal representative of the land proposed
for subdivision.
2.228 DEVELOPMENT. Any human-made change to improved or unimproved real
estate, including but not limited to, buildings or other structures,
mining, dredging, filling, grading, paving, excavation, or drilling.
2.229 DIVISION. The dividing of a tract of land in two or more parts
using a metes and bounds description in a deed of conveyance, or in
a contract for a deed, by using a contract for sale or other executory
contract to convey, or by using any other method.
2.230 DRIVEWAY. An approved access from a public street that allows
vehicular access to a lot.
2.231 EASEMENT, Utility & Drainage. An authorization granted by
the property owner to the city, the public, an individual, and/or a
private utility corporation for installing and/or maintaining utilities
and/or drainage facilities over or under private land, together with
the right to enter the property with machinery and vehicles necessary
for the maintenance of the utilities or drainage facilities.
2.232 EASEMENT, Vehicular or Ingress/Egress. An authorization to cross
a piece of property granted by the property owner to a specified person
or persons or the public.
2.233 EXTRATERRITORIAL JURISDICTION (ETJ) The extraterritorial range
of the city's authority outside the corporate limits of the city.
2.234 FRONTAGE. Any side of a lot abutting on a street.
2.235 FREEWAYS & EXPRESSWAYS. A freeway is the highest type facility
in the major street system. It is a high volume facility, which has
full control of access and full grade separation at intersecting streets,
permitting heavy traffic at high speeds.
2 236 HUD-CODE MANUFACTURED HOME. A structure, constructed on or after
June 15,1976, according to the rules of the U.S. Department of Housing
and Urban Development, transportable in one or more sections, which,
in the traveling mode, is eight body feet or more in width or 40 body
feet or more in length, or, when erected on site, is 320 or more square
feet, and which is built on a permanent chassis and designed to be used
as a dwelling with or without a permanent foundation when connected
to the required utilities, and includes the plumbing, heating, air-conditioning,
and electrical systems. This term does not include a recreational vehicle
as that term is defined by 24 C.F.R. Section 3282.8(g).
2.237 HUD-CODE SUBDIVISION. A subdivision designed and intended for
residential use where residence is permitted in HDD-code homes, each
being located on a separate lot. Such subdivision may retain a central
management and may be operated as a planned unit development retaining
ownership of streets and common open spaces.
2.238 INDUSTRIAL STREET. Industrial streets are moderate volume, low-speed
streets designed to provide access to abutting industrial land.
2.239 IMPROVEMENTS. Any construction and/or materials that are a part
of or connected to water, sewer, streets, or drainage facilities to
be dedicated to the public.
2.240 LOCAL STREETS. Local streets are low volume, low-speed streets
designed to provide access to abutting residential land.
2.241 LOT. A tract, plot, or portion of a subdivision or other parcel
of land having fixed boundaries.
2.242 LOT, CORNER. A lot situated at the intersection of two streets.
2.243 LOT IMPROVEMENT. Any building, structure, work of art, or other
object constituting a physical betterment of the land on which it is
situated.
2.244 MAJOR STREET PLAN. A map delineating both existing and proposed
freeways and expressways and arterial streets for the City of McGregor
and it's Extraterritorial Jurisdiction as adopted in the Comprehensive
Plan.
2.245 MINOR PLATS. Plats involving four or fewer lots fronting on an
existing street and not requiring the dedication of any new street right
of way or the extension of municipal facilities.
2.246 ONE-HUNDRED YEAR FLOOD PLAIN (Area of Special Flood Hazard). An
area subject to a one percent (1 %) or greater chance of flooding in
any given year, including but not limited to areas designated as Zone
"A" on the Flood Hazard Boundary Map (FHBM) issued by the
Federal Emergency Management Agency or as determined by the Developers
Engineer.
2.247 OPEN SPACE. Land which is not covered by structures or paving
material.
2.248 OWNER. Any person, group of persons, firm or firms, corporation
or corporations, or any other legal entity having legal or equitable
title in the land sought to be subdivided under these regulations.
2.249 PARK ROAD. Any street used for park access and within a public
dedicated park.
2.250 PAVING WIDTH. The shortest distance measured from curb face to
curb face or on a rural section from edge of pavement to edge of pavement.
2.251 PERFORMANCE GUARANTEE An assurance (usually in the form of a Cash,
Cashier's Check, Cash Bond, a Depositary Agreement, a Performance Bond,
or a Letter of Credit) that all required improvements will be completed
to City of McGregor specifications within a specified period of time.
2.252 PERSON. An individual, corporation, or association.
2.253 PLANNING COMMISSION. The City Zoning Commission of the City of
McGregor established in accordance with the Home Rule Authority of the
City of McGregor, and having authority to review and recommend to the
City Council approval or disapproval of all subdivision plats.
2.254 PLANNING DEPARTMENT City of McGregor staff or city designated
planning consultants who provide regular technical advice to the Commission
or Council.
2.255 PLANNED UNIT DEVELOPMENT A group of buildings designed for construction
as a unified development.
2.256 PLAT, PRELIMINARY. The preliminary maps and plans which indicate
the proposed layout of the subdivision.
2.257 PLAT, FINAL. The map of a subdivision (and any required accompanying
material) presented to the City Zoning Commission and the City Council
for approval, and which, if approved, is recorded in the Official Public
Records of McLennan County.
2.258 PRIVATE STREET. A roadway that is not dedicated for public use
which provides access to two (2) or more properties.
2.259 PUBLIC IMPROVEMENT Any drainage ditch, roadway, parkway, sidewalk,
pedestrian way, tree, lawn, off-street parking area, public utility,
or other facility for which the City has agreed to assume maintenance
and operation thereof.
2.260 REGISTERED PROFESSIONAL ENGINEER A Professional Engineer licensed
and registered by and in the State of Texas.
2 261 REGISTERED PROFESSIONAL LAND SURVEYOR. A Land Surveyor licensed
and registered by and in the State of Texas.
2.262 RECORD DRAWINGS/PLANS Plans prepared by a Registered Professional
Engineer showing his or her signature and stamped or embossed seal showing
that the project has been constructed.
2.263 REPLAT. Any change in the map of an approved or recorded subdivision
plat except those covered by the amended subdivision plat. Any such
change constitutes a subdivision of property and shall be submitted
to the City Zoning Commission and the City Council.
2.264 RIGHT-OF-WAY. A strip of land occupied or intended to be occupied
by a street, crosswalk, railroad, alley or other special use, shown
to be separate and distinct from adjacent lots or parcels of land, and
not included in the dimensions or areas of such lots or parcels.
2.265 RIGHT-OF-WAY WIDTH. The shortest distance between the lines delineating
the right-of-way.
2.266 SETBACK. The distance between a building or structure and the
property line.
2.267 SETBACK LINE (Building Line) An established line parallel to and
set back from the street right-of-way line, side lot lines and rear
lot line which identifies an area into which no part of a building shall
project.
2.268 STREET. Dedicated property accepted by the City for vehicular
traffic and primary access to lots.
2.269 STREET CLASSIFICATION MAP. A map classifying city streets based
on criteria set out in the Comprehensive Plan.
2.270 STRUCTURE. Anything built that requires a permanent location.
Also, any roofed structure, supported by columns or walls for the shelter,
support, or enclosure of persons, property, or animals. This term also
includes building.
2.271 SUBDIVIDER The owner or legal representative of the owner of land
proposed for subdivision.
2.272 SUBDIVISION.
(A) Any land, vacant or improved, which is divided or proposed to be
divided into two or more lots including an addition to the City of McGregor,
for the purpose of:
1) Laying out suburban, building, or other lots; or
2) The laying out of streets, alleys, squares, easements, parks or other
parts of a tract intended to be dedicated for public use; or
3) The use of purchasers or owners of lots fronting on or adjacent to
the streets, alleys, squares, parks or other parts of the tract intended
to be dedicated for public use; or
B) Any land, vacant or improved, which is replatted or proposed to be
replatted.
C) The act of dividing land by any means including, but not limited
to, land divided by metes and bounds description in a deed of conveyance
or in a contract for a deed, by using a contract of sale, intestacy,
lease map, plat or any recorded instrument.
2.273 SUBDIVISION PLAT. The final map or drawing by which the owner's
of record plan of subdivision is presented to the City Zoning Commission
and City Council for approval and if approved, is recorded in the Official
Public Records of the appropriate county in which the subdivision will
be located.
2.274 SUBURBAN LOT. Large residential lot located on the outskirts of
the City of McGregor.
2.275 VACATED SUBDIVISION PLAT A recorded instrument approved by the
Council nullifying a preceding recorded plat to the pre-existing legal
description of the property, upon request of the owner.
2.276 ZONING ORDINANCE The official Zoning Ordinance of the City of
McGregor together with any and all amendments.
PART III: GENERAL REGULATIONS
Sec. 3.1 SUBDIVISION APPROVAL PROCESS
The subdivision approval process involves from one to three steps:
A) Pre-application Conference (recommended);
B) Preliminary Plat Approval (required for subdivisions greater than
2 acres in area)
C) Final Plat Approval (always required) and includes any replat, amended,
or vacated plat.
3.101 Pre-Application Conference
Prior to submitting a preliminary or final subdivision plat, any person
wishing to develop property may consult with City departments for comment
and direction. At this stage, decisions are made concerning what information
and documents should be submitted for review. Any person wishing to
contest whether or not appropriate regulations are being applied to
their proposed property must contest the applicability at this stage.
City staff may except a proposed subdivision from the requirements set
forth in Section 3.102 requiring submission of a proposed subdivision
for preliminary subdivision plat approval. Exceptions to the preliminary
subdivision plat approval requirements set forth in Section 3.102 may
only be granted during the Pre-Application conference.
3.102 Preliminary Plat Processing
If a proposed subdivision has an area of more than two (2) acres, involves
street or utility construction, or has unusual topography, a preliminary
plat shall be required. The preliminary plat shall cover the entire
tract of land to be developed.
Upon receipt of the preliminary plat, City staff will review the plat
and make a recommendation to the City Zoning Commission. The City Zoning
Commission will (1) approve the plat; (2) disapprove the plat; or (3)
disapprove the plat pending compliance with specific conditions and
requirements. The plat will then be submitted to the City Council for
action. The City Council will (1) approve the plat; (2) disapprove the
plat; or (3) disapprove the plat pending compliance with specific conditions
and requirements. Approval of the preliminary plat does not constitute
final acceptance or approval of the subdivision. The approved preliminary
plat is not filed for record in the Official Public Records of either
Coryell or McLennan County.
After approval, the preliminary plat remains active until one (1) year
from the first day of January of the year immediately following the
approval date. During that time period a final plat must be submitted
to the City Zoning Department for staff review and City Zoning Commission
and City Council consideration. If the requirements for approval have
not been met and no final plat has been submitted at the end of one
(1) year from the first day of January of the year immediately following
the approval date, the approval becomes null and void, and a new preliminary
plat must be submitted. The City Manager may, with reasonable cause,
grant an extension of approval beyond the time limit upon the written
request of the developer or of City staff.
After disapproval, pending compliance with specific conditions and requirements,
the plat remains active until one (1) year from the first day of January
of the year immediately following the disapproval, pending compliance
with specific conditions and requirements, date. During that time period
all specific conditions and requirements for approval must be met and
a final plat must be submitted to the City Planning Department for staff
review and City Zoning Commission and City Council consideration. If
the requirements for approval have not been met and/or no final plat
has been submitted at the end of one (1) year from the first day of
January of the year immediately following the disapproval, pending compliance
with specific conditions and requirements date, the disapproval, pending
compliance with specific conditions and requirements, becomes null and
void, and a new preliminary plat must be submitted. The City Manager
may, with reasonable cause, grant an extension of approval beyond the
time limit upon the written request of the developer or of City staff.
3.103 Final Plat Processing
Final plat approval is required for every subdivision, replat, amended
or vacated plat. A final plat may be filed for an entire subdivision
or for a specified portion of a subdivision for which a preliminary
plat has been approved. Upon receipt of the required documents, City
staff shall review the final plat for compliance with subdivision regulations;
notify the developer of deficiencies in the plat and actions needed
to correct the plat. This city staff review will be in the form of a
recommendation for City Zoning Commission and City Council approval,
disapproval, or disapproval pending compliance with specific conditions
and requirements.
City staff shall make a recommendation for approval, disapproval, or
disapproval pending compliance with specific conditions and requirements,
to the City Zoning Commission. The City Zoning Commission will approve
the plat, disapprove the plat, or disapprove the plat pending compliance
with specific conditions and requirements within 30 (thirty) days from
the date the City Planning Department received the plat and determined
same to be a complete application for subdivision approval. The City
Council will then approve the plat, disapprove the plat, or disapprove
the plat pending compliance with specific conditions and requirements,
within 30 (thirty) days after the date the plat is approved or disapproved
by the City Zoning Commission or is considered approved by the inaction
of the City Zoning Commission. A final plat that is disapproved by the
City Council subject to specific conditions and requirements will remain
active for one (1) year from the first day of January of the year immediately
following the date of disapproval. During the one (1) year from the
first day of January of the year immediately following the date of disapproval,
all conditions and requirements for City Council approval must be met.
If all conditions and requirements set by the City Council are met within
one (1) year from the first day of January of the year immediately following
the date of disapproval, pending compliance with specific conditions
and requirements, the plat is approved on the date all conditions and
requirements are met. When all conditions and requirements have been
met, the final plat will be recorded by the City Secretary in the Official
Public Records of the appropriate county of record. If all of the conditions
and requirements have not been met by the end of one (1) year from the
first day of January of the year immediately following the date of disapproval,
pending compliance with specific conditions and requirements, the final
plat shall become null and void as though no plat had been submitted.
The City Manager may, with reasonable cause, grant an extension of the
time limit at the written request of the developer or of City staff.
Sec. 3.2 FILING FEES AND PROCEDURES
3.201 Pre-Application Conference
No fee is charged for a pre-application conference.
3.202 Preliminary Subdivision Plat
Any person requesting approval of a preliminary subdivision plat shall
file an application on forms prescribed and furnished by the City Planning
Department.
The fee for processing a preliminary plat shall be set by the City Council
as part of the annual budget or by minute entry and paid to the City
of McGregor through the City Planning Department. The Department shall
set the filing date for submittal of the preliminary plat. The Department
shall make a schedule of fees and filing dates available to the public.
3.203 Final Subdivision Plat
Any person requesting approval of a final subdivision plat shall file
an application on forms prescribed and furnished by the City Planning
Department.
The fee for processing and recording a final plat shall be determined
by the City Council and paid to the City of McGregor through the City
Planning Department. The Department shall set the filing dates for submittal
of the final plat, vacated plat, amended subdivision plat or replat
to the Department. The Department shall make a schedule of fees and
filing dates available to the public.
Sec. 3.3 REQUIRED DOCUMENTS
The number of copies of documents to be submitted for plat review and
permanent record shall be determined by the City Planning Department.
3.301 Pre-Application Conference Requirements
The following documents should be submitted to the City Planning Department
at the pre-application conference:
A) A sketch plan of the entire subdivision, drawn approximately to scale,
showing proposed street, lot and utility and drainage layout,
B) A location map showing the subdivision in relation to existing streets
or roadways (i.e. Coryell or McLennan County Tax Map).
3.302 Preliminary Plat Requirements
The required number of the following documents shall be submitted to
the City Planning Department for preliminary plat review and approval.
A) A legible, accurately scaled plat of the entire subdivision, including
all adjacent land owned by the developer, prepared by a Registered Professional
Land Surveyor, a certified planner or a Registered Professional Engineer
showing:
1) The subdivision boundary as determined by a boundary survey or by
recorded description of the property;
2) Street and lot layouts including lot and block numbers and dimensions
and, the proposed use of the property;
3) Proposed and existing easements, sewers, water lines, gas mains,
water courses, ravines, bridges, culverts, existing structures, drainage
areas in acreage, and other features pertinent to subdivision;
4) Proposed and dedicated right-of-way;
5) The proposed legal description of the subdivision;
6) The proposed name of the subdivision;
7) The date of the plat and of any revisions;
8) The scale to which the plat was drawn, (1:1200 unless this scale
is impractical);
9) Computed total acreage;
10) A north arrow;
11) The name and address, signature, and date of signature of the owner
or developer of the property. The person who prepared the plat shall
also be listed and include name, address and phone number.
12) The words shown on the plat "PRELIMINARY PLAT FOR REVIEW PURPOSES
ONLY";
13) A block for the City Council approval date.
14) The Texas Natural Resource Conservation Commission (TNRCC) water
certification of convenience and necessity file number.
15) The electric utility that serves the area.
16) A topographical map of the entire subdivision, and of a one hundred
(100) foot wide strip surrounding the subdivision, showing contours
at five (5) foot intervals with all elevations referenced to city approved
datum. (Topographic information is necessary only for subdivisions exceeding
two (2) acres in gross area and/or having unusual topography.) Topographic
information may be included on the plat described in 3.302(A) above,
or placed on a separate map drawn to the same scale as the above plat.
17) A location map showing:
a. The proposed subdivision in relation to existing streets and/or other
easily recognizable geographic features,
b. A north arrow, and
c. The proposed name of the subdivision.
B) For sites not served by public sanitary sewer, the subdivider shall
submit a report by an independent Registered Professional Engineer indicating
sufficient soil tests have been conducted and that the said Engineer
has determined the environmental suitability of each lot for safe operation
of an on-site sewage facility (OSSF). The report shall determine a minimum
lot size, density, and type of proposed disposal system. This report
is to be submitted to the City Engineer and Utility Services Environmental
Coordinator for approval and shall comply with all Texas Natural Resource
Conservation Commission (TNRCC) regulations.
3.303 Final Plat Review, Requirements & Recordation
The required number of the following documents shall be submitted to
the City Planning Department for review and approval by appropriate
City departments and, the Commission and Council. These documents must
be included in the final plat for it to be filed in Official Public
Records of the appropriate County of record:
A) A legible, accurately scaled plat of the entire subdivision or portion
thereof, prepared by a Registered Professional Land Surveyor showing:
1) The subdivision boundary as determined by a boundary survey done
on the ground by a Registered Professional Land Surveyor;
2) The street and lot layout including lot and block numbers
3) Proposed and existing alleys and easements;
4) Proposed and dedicated right-of-way;
5) All dimensions and other surveying information necessary to produce
the plat on the ground including:
a) Linear and curvilinear dimensions shall be shown in feet and decimals
of a foot;
b) Bearings reference utilizing current standards as prescribed by the
State of Texas Land Surveyors Board;
c) The radii, tangents, central angles, chords, and arcs of all curves;
d) The lengths and bearings of all straight lines;
e) The dimensions from all angle points and points of curve of lot lines;
f) The long chord distance and bearings for all curves and curved lot
lines;
g) Existing lot lines (shown by dashed lines) for property being re-subdivided;
and
h) Side lot lines perpendicular to the street may have the bearing shown;
6) Recording data for all property to include the owners' name, acreage,
adjacent to the subdivision;
7) Names and dimensions of proposed and existing streets within and
adjacent to the subdivision unless where right-of-way becomes impractical;
8) The proposed name of the subdivision;
9) The date of the plat and of any revisions;
10) A scale to which the plat was drawn, (1:1200) unless this scale
is impractical);
11) A North arrow;
12) The name, address and signature line of the owner(s) of the property
including phone and fax numbers;
13) The name, address, signature, and seal of the Registered Professional
Land Surveyor responsible for the survey of the properties being subdivided;
14) Abandoned streets, alley and easements with Ordinance Number and
date;
15) A monument legend;
16) Certification by a Registered Professional Land Surveyor that the
plat represents work done on the ground by or under his/her supervision;
17) Certification by the surveyor that all survey monuments are correctly
shown on the plat. The owner may provide a performance guarantee for
monumentation along with a letter from the surveyor supporting the amount
of the guarantee in lieu of certification that monuments have been set.
After construction is complete, the surveyor shall set the monuments.
18) Certification stating, "Soil tests have been conducted for
lots not served by sanitary sewer on this property. Those tests indicate
that lots of the size and density shown on this plat are environmentally
safe and are in compliance with all applicable Texas Natural Resource
Conservation Commission (TNRCC) regulations." The appropriate local
health authority, or designee, shall sign this certification;
19) For subdivisions in the Extraterritorial Jurisdiction which are
served by a private water utility, the Texas Public Utility Commission
certificate number, date of certification, and name of water utility
serving the subdivision shall be shown on the plat.
20) The plat should be no larger than necessary and easily read, and
drawn to a standard format of 11" x 17", or, 22" x 34",
and the size required by the Coryell or McLennan County Clerk for recording
in Official Public Records of their respective counties.
21) One set of digital drawings
B) Complete set of field notes of the boundary survey, signed by the
surveyor, and having a closure error no greater than 1/10000.
C) An instrument of dedication for all street and highway right-of-way,
alleys, easements, parks, and/or property improvements intended for
public use. The dedication shall be signed by the owner or his/her legally
designated agent and acknowledged by a Notary Public and will be filed
for record. The following certificate shall be placed below the dedication;
STATE OF TEXAS
(Appropriate County of Record)
"I hereby certify that the above and foregoing plat and field
notes of the (subdivision name) Addition to the City of McGregor, Texas,
was approved by the City Council on the __________ day of____________,
20_________."
________________________________
City Secretary
Sample dedication forms shall be available at the City Planning Department.
D) One copy of any requirements or deed restrictions imposed upon the
subdivision by an individual or agency other than City staff or Council.
E) The following documents may be required for final plat approval.
If required, they shall be prepared by a registered engineer and submitted
to the City Engineer for review.
1) Plan and Profile Drawings
The required number of copies of Plan and Profile drawings shall be
submitted for subdivisions requiring construction of streets and/or
alleys. Plan and Profile Drawings shall be 24" x 36" and shall
be plotted to an appropriate scale (usually 1:240 but not smaller than
1:600 horizontally, and 1:24 or 1:60 vertical.
Plan drawings shall show but are not limited to:
a) The right-of-way of the proposed street or alley;
b) The right-of-way of intersecting streets;
c) Lot and block numbers;
d) The location of curb and gutter in relation to monuments;
e) The radii of all returns;
f) The location of all storm water structures and pipe; and
g) Location of all water and sewer mains and services.
Profile drawings shall show:
a) The existing grade on both sides of the street;
b) The proposed grade of the top of the curb on both sides of the street;
and
c) The reference benchmark and its elevation. Elevations shall be consistent
with the City's reference datum; and
d) Standard City of McGregor details of all construction items.
2) Drainage Maps
Maps showing existing and proposed topography for the watershed affecting
the project. These maps must show drainage areas, waterways, proposed
streets, proposed storm sewer improvements, and any other improvements,
which might affect drainage. Appropriate calculations showing runoff
and capacity quantities shall be provided for all drainage areas and
storm sewer facilities.
3) Construction Plans
Before beginning construction, the required number of copies of construction
plans and specifications for all improvements shall be submitted to
the City for subdivisions requiring the construction of streets, storm
sewers, utilities, or special structures. Any portion(s) of these plans
or specifications, which do not meet the requirements of the City Engineer,
shall be revised/corrected accordingly.
4) Approved Construction Plans
The City Engineer shall approve construction plans and specifications
that conform to standards of the City of McGregor. The required number
of copies of the approved plans and specifications for each improvement
shall be furnished to the City before construction begins on that improvement.
5) Record Drawing Plans
Upon completion of construction of any improvement, the developer shall
furnish a final set of reproducible Mylar or better plans to the City
of McGregor. These plans shall include a statement by the Registered
Professional Engineer responsible for their preparation that the plans
reflect changes as reported by the entity responsible for inspection.
Sec. 3.4 RESERVE TRACTS
Reserve strips of land controlling access to or egress from other property,
or to or from any street or alley, or having the effect of restricting
subdivision, improvement, or taxation of adjacent property shall not
be permitted in any subdivision.
Sec. 3.5 SUBDIVISIONS REQUIRING ACCESS ACROSS
LAND IN ANOTHER
MUNICIPALITY
If a subdivision in the City of McGregor or its extraterritorial jurisdiction
requires access across land in another municipality the Commission and
the Council may require assurance from the City Attorney that access
is legally established, and from the City Engineer that the access road
is adequately improved or that a performance bond has been duly executed
and is sufficient in amount to assure the proper construction of the
access road.
Sec. 3.6 UNSUITABILITY OF LAND FOR SUBDIVISION
OR DEVELOPMENT
The City Council shall determine the suitability of property for subdivision
and development. Neither subdivision nor development shall be permitted
in any area where danger to the health or general welfare of present
or future inhabitants exists. Conditions that may render property unsuitable
for development include, but are not limited to: flooding, poor drainage,
steep or unstable slopes or rock formations, adverse earth formations
or topography, and certain utility easements. Unless the developer is
able to formulate methods to successfully compensate for such limiting
conditions, the property shall be deemed unsuitable for development
and subdivision by the City Council.
Sec. 3.7 SUBDIVISION NAME
The name of a subdivision shall neither duplicate nor phonetically approximate
the name of an existing subdivision in the area covered by these regulations.
The City Council shall have final authority to designate the name of
a proposed subdivision.
Sec. 3.8 ENGINEERING
The developer shall furnish all engineering and surveying services necessary
to prepare preliminary plat and final plats, and construction plans
and required easements.
Sec. 3.9 VACATED SUBDIVISION PLAT
A recorded subdivision plat may be vacated (nullified) at the request
of the owner or owners of the tract covered by the plat at any time
before any lot in the plat is sold. The owner or owners shall submit
to the City a signed notarized statement requesting the vacation of
the plat. The Council must approve the request before the plat is vacated.
The plat is officially vacated when a signed, acknowledged instrument
declaring Council approval is recorded with the County Clerk of either
Coryell or McLennan County, Texas.
If lots in the plat have been sold, the plat, or any part of the plat,
may be vacated on the application of all owners of the lots in the plat.
The Council must approve the vacating of the plat before the plat is
vacated.
Sec. 3.10 AMENDED SUBDIVISION PLAT
A recorded subdivision may be amended at the request of the owner or
owners of the property. The amended plat is controlling over the preceding
plat and approval shall not require notice, a hearing, or approval of
other lot owners if the sole purpose is to:
A) Correct an error in any course or distance shown on the prior plat;
B) Add any course or distance that was omitted on the prior plat;
C) Correct an error in the description of the real property shown on
the prior plat;
D) Indicate monuments set after death, disability, or retirement from
practice of the engineer or surveyor charged with responsibilities for
setting monuments;
E) Show the proper location or character of any monument which has been
changed in location or character or which originally was shown at the
wrong location or incorrectly as to its character on the prior plat;
F) Correct any other type of scrivener or clerical error or omission
as previously approved by the City Council; such errors and omissions
may include, but are not limited to, lot numbers, acreage, street names,
and identification of adjacent recorded plats;
G) Correct an error in courses and distances of lot lines between two
adjacent lots where both lot owners join in the application for plat
amendment and neither lot is abolished, provided that such amendment
does not attempt to remove recorded covenants or restrictions and does
not have a material adverse effect on the property rights of the other
owners in the plat;
H) It relocates a lot line in order to cure an inadvertent encroachment
of a building or improvement on a lot line or an easement; or
I) It relocates one or more lot lines between one or more adjacent lots
where the owner or owners of all such lots join in the application for
the amended plat, providing that such amendment does not attempt to
remove recorded covenants or restrictions or increase the number of
lots; or
J) It makes necessary changes to the prior plat to create six (6) or
fewer lots in the subdivision or a part of the subdivision covered by
the prior plat if the changes do not affect applicable zoning and other
regulations of the City, the changes do not attempt to amend or remove
any covenants or restrictions; and the area covered by the changes is
located in an area that the Commission or Council has approved after
a public hearing as a residential improvement area.
Sec. 3.11 REPLATTING
A replat of a subdivision or a part of subdivision shall be recorded
and is controlling over the preceding subdivision without vacation of
that plat if:
A) The replat is signed and acknowledged by only the owner(s) of the
property being replatted; and
B) The replat is approved, after public hearings on the matter at which
interested parties have an opportunity to be heard, by the Commission
and Council; and
C) The replat does not attempt to remove any covenants or restrictions.
Sec. 3.12 ADDITIONAL REQUIREMENTS FOR CERTAIN
RESIDENTIAL REPLATS
A) In addition to compliance with Section 3.11, a replat that does not
vacate a previous/preceding plat must conform to the requirements of
this section if:
1) During the preceding five (5) years, any of the area to be platted
was limited by zoning classification to residential use for not more
than two (2) residential units per lot; or
2) Any lot in the preceding plat was limited by deed restrictions to
residential use for not more than two (2) residential units per lot.
B) The notice of hearing required by Section 3.11 shall be given before
the fifteenth (15th) day of the hearing by:
1) Publication in an official newspaper or newspaper of general circulation
in Coryell and McLennan County; and
2) By written notice, with a copy of subsection 3.12C attached, forwarded
by the Commission and/or City Council to the owner(s) of lots that are
in the original subdivision and that are within 200 feet of the lots
to be replatted, as indicated on the most recently approved municipal
tax roll or in the case of a subdivision within McGregor's Extraterritorial
Jurisdiction, the most recently approved county tax roll of the property
upon which the replat is requested.
C) If the proposed replat requires a variance and is protested in accordance
with this subsection, the proposed replat must receive, in order to
be approved, the affirmative vote of at least three-fourths (3/4) of
the members present at the Commission or Council. For a legal protest,
a written instrument signed by the owner(s) of at least twenty percent
(20%) of the area of the lots or land immediately adjoining the area
covered by the proposed re-subdivision and extending two-hundred (200)
feet from that area, but within the original subdivision, must be filed
with the City prior to the close of the public hearing.
D) In computing the percentage of land area under subsection 3.12 C,
the area of streets and alleys shall be included.
E) Compliance with subsection 3.12C and 3.12D is not required for approval
of a replat of part of a preceding plat if the area to be replatted
was designated or reserved for other than single-family or duplex residential
use by notation on the last legally recorded plat or, legally recorded
restrictions applicable to the plat.
Sec. 3.13 APPROVAL OF MINOR PLATS AND AMENDED
PLATS
The City Manager of McGregor (after input and review as provided by
the City Planning Department) may approve:
(A) Amending plats described by Section 3.10; and
(B) Minor plats involving four (4) or fewer lots fronting on an existing
street and not requiring the creation of any new street or the extension
of municipal facilities.
The City Manager may for any reason, elect to present a minor or amended
plat to the Commission and Council for approval. If this should occur,
the minor or amended plat request will be governed by regulations and
time periods as specified in Section 3.103
PART IV: REGULATIONS FOR SPECIAL CASE SUBDIVISIONS
Sec. 4.1 DEVELOPMENT WITHIN THE ONE HUNDRED YEAR FLOOD
PLAIN
Any development regulated by this ordinance and located within an area
of special flood hazard must, in addition to meeting the requirements
of this ordinance, meet the requirements set out in the Flood Control
Regulations of the City of McGregor.
Sec. 4.2 HUD-CODE MANUFACTURED HOME SUBDIVISIONS
4.201 Within the Corporate Limits of McGregor:
HUD-CODE manufactured home subdivisions within the corporate limits
shall be subject to the portions of this ordinance applicable to other
subdivisions within the City.
4.202 In the Extraterritorial Jurisdiction:
HUD-CODE manufactured home subdivisions outside the corporate limits
of McGregor but within the City's ETJ shall be subject to the portions
of this ordinance applicable to other subdivisions in the ETJ.
Sec 4.3 PLANNED UNIT DEVELOPMENTS
Special regulations have been provided to encourage flexibility and
appropriate land use in Planned Unit Developments. Regulations for Planned
Unit Developments in the city limits are set out in the Zoning Ordinance
of the City of McGregor. The City Zoning Commission may require the
owner to provide articles of incorporation and appropriate declarations
of covenants and restrictions when common areas are designated in the
Planned Unit Development.
PART V: REQUIRED IMPROVEMENTS
The City Council may also require the developer to provide any improvements,
temporary and/or permanent, deemed necessary to bring the proposed subdivision
into compliance with both the Comprehensive Plan and the purposes set
out in Section 1.3 of this ordinance.
Sec. 5.1 TEMPORARY IMPROVEMENTS
The developer shall pay all costs for temporary improvements required
by the City Council. Prior to construction of any temporary facility
or improvement, the developer shall file with the City a bond adequate
to insure the proper construction of the temporary facility or improvement.
Sec. 5.2 PERMANENT IMPROVEMENTS
5.201 Utilities
A) Water Facilities
1) Public water lines shall be installed to serve each lot in all subdivisions.
New water lines shall be installed in accordance with McGregor's Standard
Specifications for Construction.
Before the City Council approves a final plat for a subdivision located
outside of or beyond areas served with water utilities, the subdivider
may be required to furnish the City Council satisfactory evidence including,
but not limited to, statements from officials of the water district(s)
serving the area to be subdivided that they will make water available
to the proposed subdivision.
2) No lot in a subdivision shall be occupied until water, which is satisfactory
for human consumption and sufficient for the intended land use, is made
available from a public source.
3) The developer shall furnish and install standard fire hydrants as
part of the water distribution system per City specifications.
B) Sewerage Facilities
1) City Limits
a) Sanitary sewer lines shall be installed to serve all lots within
the city limits of McGregor unless a written exception, signed by the
City Manager of the City of McGregor, is granted.
b) Sanitary sewer lines shall be immediately connected to the City Sanitary
Sewer System at the expense of the subdivider of the property. All property
within the city and all other property annexed prior to development
shall be eligible for any refunds that apply provided proper procedures
were followed.
2) McGregor Extraterritorial Jurisdiction
a) Sanitary sewer lines shall be immediately installed and connected
to a public sewer line, at the expense of the subdivider of the property,
if the lot is within 500 feet of a public sewer line. All property-annexed
prior to development shall be eligible for any refunds that apply.
b) Sanitary sewer lines shall be immediately installed and connected
to a public sewer line, at the expense of the subdivider of the property,
if the lot is less than one-half (1/2) acre in size. All property-annexed
prior to development shall be eligible for any refunds that apply.
c) All lots not immediately connected to the sanitary sewer system shall
use an on-site sewage facility (OSSF). Lots may be a minimum of one-half
acre in size if effluent disposal is to be by subsurface soil absorption
and this type of effluent disposal meets regulations and standards set
forth by the Waco-McLennan County Health District, the State Health
Department, and the Texas Natural Resource Conservation Commission (TNRCC),
as well as any additional regulations and standards set forth herein.
Lots using surface irrigation as the means of effluent disposal shall
be a minimum of one (1) acre and meet all the above regulations and
standards.
d) Before the City Council approves a final plat for any lots that are
not immediately served by sewer, the subdivider shall be required to
furnish the City satisfactory evidence that soil conditions are such
that satisfactory sewage disposal can be provided by the use of an approved
on-site sewerage facility (OSSF). All on-site sewerage facilities shall
be designed, installed and operated in accordance with the rules, regulations,
and standards prepared by the appropriate County Health District, the
State Health Department and the Texas Natural Resources Conservation
Commission (TNRCC). Test locations and soil test results necessary to
provide evidence of proper design shall be submitted for approval to
the City Engineer. The following statement shall be placed on the final
plat:
"The following statement certifies that an engineering suitability
report prepared by ________, on the___day of________, 20__, has been
submitted and accepted for this subdivision plat. Individual On-Site
Sewage Facility designs must be submitted for approval for each lot,
and built to Texas Natural Resource Conservation Commission (TNRCC)
regulations prior to occupation of the residence. This subdivision plat
approved and accepted by City of McGregor for the (insert appropriate
County)_ Health District on this the __ day of_____, 20__"
________________________________
(Signature, Environmental Coordinator)
(Insert appropriate County) County Health District
e) All design work done in connection with sewage disposal systems shall
be performed by peoplequalified/licensed under State of Texas law to
do such work.
C) Gas Facilities
If the subdivision is to be served by a natural gas utility, gas lines
shall be installed to serve each lot wherever a source of gas supply
is within a reasonable distance. The subdivider shall arrange with the
appropriate gas company for construction costs of gas lines.
D) Street Lighting
Adequate street lighting shall be provided for the protection of the
public and property and shall be installed in all new subdivisions.
Installation procedures and acceptable standards for streetlights shall
be governed by the design and specification standards of Traffic Operations
in effect at the time of subdivision construction.
The developer shall be responsible for the cost of such street lighting
installation, including the cost of service lines to supply electricity
to the streetlights, and all engineering costs. Once satisfactorily
installed, approved, and accepted, the maintenance of the streetlights
shall be provided by the electric utility serving the area or the City
of McGregor. The furnishing of electric energy to the streetlights shall
be provided by the electric utility providing service to the area. In
the E.T.J-, neither the developer nor the City of McGregor shall be
responsible for the maintenance of the streetlights including the furnishing
of electric energy to the streetlights.
5.202 Drainage Facilities
A) In any subdivision, adequate drainage facilities shall be installed
or financially guaranteed by the developer before the plat is given
final approval by the City Council and filed for record. Calculations
used to ascertain the required sizes of drainage facilities should be
based on the "Rational Method" (or a comparable method approved
by the City Engineer).
B) Enclosed Drainage Facilities
Where required by the City Engineer, enclosed drainage facilities (consisting
of storm sewer, bridges, culverts, inlets or catch basins) shall be
installed by the developer.
C) Drainage Ditches
When approved by the City Engineer, drainage ditches rather than enclosed
storm sewers may be used to carry off surface water. To prevent erosion,
the sides of such ditches shall be sloped, and the banks shall be permanently
protected with either concrete or sod. The flow lines of ditches shall
be permanently established by low flow concrete sections. With approval
by the City Engineer, drainage ditches may be located in the center
of a street (except at intersections, where culverts or bridges of permanent
design must be installed) if a roadway at least thirty (30) feet in
width, from top of bank to near right-of-way line, is provided on each
side of the ditch.
D) The City Engineer may require that drainage improvements be made
off - site of the subdivision if it becomes apparent that this is necessary
to see that drainage needs are not neglected as an area is developed.
E) Retention/Detention Facilities
When required by the City Engineer, retention and/or detention facilities
shall be used if run-off from the subdivision is likely to adversely
affect the area's watershed.
F) Drainage Easements
The developer shall furnish any drainage easements across adjacent tracts
of land necessitated by the subdivision and development of the property.
5.203 Parks Dedication
A) The City Council may require dedication of up to five percent (5%)
of the area in a proposed subdivision for park purposes.
B) A subdivision developer wishing to voluntarily dedicate land for
park purposes may do so only with permission of the city. City acceptance
will occur by ordinance and shall occur prior to filing of subdivision
recordation instruments with the County.
5.204 Alleys
A) In Residential Blocks
Alleys may be required in residential blocks only where necessary to
provide access to an existing alley in an adjacent subdivision. Alleys
in residential blocks shall have a minimum right-of-way width of twenty
(20) feet and a minimum paving width of eighteen (18) feet.
B) In Non-Residential Areas
Alleys or loading areas may be required in blocks used for commercial
purposes. Alleys in commercial blocks shall have a minimum right-of-way
width of thirty (30) feet and a minimum paving width of twenty-six (26)
feet.
C Alley Construction Standards
Alleys shall be paved with reinforced Portland cement concrete pavement
not less than five (5) inches in depth and constructed to City of McGregor
specifications. Plans for alley construction shall be prepared by a
registered professional engineer and approved by the City Engineer.
All utilities to be located in the alley shall be in place before the
alley is paved.
5.205 Streets
The developer shall provide the subdivision with adequate streets. The
arrangement, character, extent, width, grade and location of proposed
streets shall conform to the Major Street Plan of the City of McGregor.
All streets shall be designed with consideration for topography, public
safety and convenience, the proposed use(s) of the land to be served,
and other streets existing and planned. If any part of an arterial street
or freeway shown on the Major Street Plan, lies in or adjacent to the
proposed subdivision, that part of the street shall be platted and dedicated
to the width and at the location shown on the Plan.
A) Street Names and Signs
New streets shall be named so as to provide continuity with the names
of existing, connecting streets. Names identical or similar to names
of existing streets shall not be approved. The developer shall confirm
all proposed street names with the Coryell or McLennan County Emergency
Assistance District (911) so as to avoid duplication. The City of McGregor
shall install street name signs at no cost to the subdivider. Street
name signs in McGregor's ETJ shall be installed at the cost of the developer
in accord with appropriate County standards. The City Council shall
have the final authority to designate the name of a proposed street.
B) Street Layout
The subdivision street layout shall be designed with consideration for
its probable effect on existing neighborhoods and on the future development
of adjacent areas. Local streets shall be configured to accommodate
traffic within the subdivision, such as with curvilinear streets; collector
streets shall accommodate through traffic and provide connections to
arterial streets; and, unless otherwise required by the City Council,
existing arterial streets shall be extended through the subdivision.
C) Relation of New Streets to Adjacent Streets and Property
Streets provided for the subdivision shall, unless determined otherwise
by the City Traffic Engineer, connect with and be at least as wide as
existing streets in adjacent subdivisions, or shall be the reasonable
projection of streets in the nearest subdivided tracts. Streets shall
be continued to the boundaries of the tract being subdivided to provide
points of connection for streets in subsequently developed areas. If
a subdivision includes one or more lots of sufficient size to allow
further subdivision, the City Council may require ingress/egress access
easements to provide for the opening of new streets and/or the extension
of adjacent streets.
D) Intersections
1) Intersections involving acute angles and/or more than two streets
shall be avoided. Where these conditions are determined to be unavoidable,
compensations may be required (e.g. setback lines further from the right-of-way
than usually required, rounding or cutting of corners, or relocation
of an intersection).
2) Off-set intersections shall be avoided unless necessitated by topography
or traffic circulation conditions. When an offset intersection is necessary,
the following minimum centerline offsets shall be required (subject
to approval by the Traffic Engineer and the City Council):
a) Arterial street 350-foot offset, centerline to centerline;
b) Collector street 200-foot offset, centerline to centerline;
c) Local street 125-foot offset, centerline to centerline.
When the offset intersections involve streets of different classification,
and unless specified circumstances exist, the greater distance shall
apply.
3) Intersections along arterial streets shall be spaced at least three
hundred fifty (350) feet apart, centerline-to-centerline.
4) The following shall be considered minimum angles of intersection
unless otherwise recommended by the City Traffic Engineer and approved
by the City Council:
a) Any intersection involving an arterial street (85°);
b) Intersection of two collector streets or a collector street and a
local street (80°);
c) Intersection involving only local streets (75°); in determining
minimum angles of intersection, alleys shall be treated as local streets.
5) Arterial street intersections, including intersections of arterials
with lesser streets, shall have property line corner radii with a minimum
tangent distance of twenty-five (25) feet. Collector and local streets
shall have as the property line corner, the point of intersection of
intersecting streets, and shall have curb radii at those intersections
of at least fifteen (15) feet measured from the face of the curb.
E) Street Grade
Required street grade shall depend on topography, land use, drainage
facilities, and the drainage plan for the subdivision area. No street
shall have a grade less than four tenths of one percent (0.4%) or greater
than ten percent (10%). Street grade at intersections shall be no greater
than six percent (6%). Any exception to the above requirements shall
be based on the results of profile and alignment analysis. All proposed
street grades shall be subject to approval by the City Engineer.
F) Street and Alley Cross Sections
1) The crown of a street shall be a parabolic curve. Unless otherwise
required and/or approved by the City Engineer, the street crown shall
be no less than three and one half (3 1/2) inches and no greater than
seven (7) inches.
2) The cross section of an alley shall be an inverted crown. Unless
otherwise required and/or approved by the City Engineer, the low point
should be at least three (3) inches and no more than five (5) inches
lower than the edge of the alley.
G) Curve Requirements
1) Arterial streets shall have a minimum centerline curve radius of
955 feet,
2) Collector streets shall have a minimum centerline curve radius of
400 feet;
3) Local streets shall have a minimum centerline curve radius of 150
feet; and;
4) Alleys shall be treated as local streets.
H) Street Right-of-Way and Paving Width Requirements
The following dimensions represent minimum requirements for dedicated
right-of-way widths. These minimums may be increased or decreased by
the City Engineer where conditions warrant. Determinations of street
classification shall be made by the City Engineer or Traffic Engineer
and shall be based on the needs of the subdivision, the Comprehensive
Plan, the Existing Street Classification System Map and the City's Master
Street Plan.
The following is a listing of right-of-way and paving widths by street
classification in the City of McGregor and in the Extraterritorial Jurisdiction:
A) Limited Access Freeway. Right-of-way and paving width to be determined
by the Texas Department of Transportation.
B) Arterial Street - (Principal). Right-of-way width of 108 ft. (or
132 ft minimum if within 250 ft of an intersection with another arterial
street). Paving width of 88 ft. (or 112 ft. minimum if within 250 ft.
of an intersection with another arterial street).
C) Arterial Street - (Minor). Right-of-way width of 84 ft. (108 ft.
minimum if within 200 ft. of an intersection with another arterial street).
Paving width of 64 ft., (88 ft. minimum if within 200ft. of an intersection
with another arterial street).
D) Collector Streets
1) Commercial/Industrial Collector Street. Right-of-way width of 68
ft. (or 80 ft. minimum if within 100 ft. of an intersection with an
arterial street). Paving width of 48 ft. (60 ft. minimum if within 100
ft. of an intersection with an arterial street).
2) Residential Collector Street - Right-of-way width of 60 ft. paving
width of 40 ft.
E) Local Street. Right-of-way width of 50 ft. (60 ft. is required when
conditions are met to exempt curb and gutter.) Paving width of 28 ft.
F) Existing Conditions. Existing boundary streets already accepted by
Coryell or McLennan County do not require reconstruction and widening.
I) Special Purpose Streets
1) Marginal Access Streets
A street which runs parallel and adjacent to an arterial street and
which provides access to abutting properties while protecting them from
through traffic. A marginal access street may be approved by the City
Council for subdivisions with frontage on an arterial street if it is
determined that such a street is needed to provide separation of through
and local traffic. If a marginal access street is provided, it shall
be separated from the arterial street by a distance of at least twenty-six
(26) feet.
2) Cul-de-sacs
A local street with only one outlet and having a terminal for safe,
convenient reversal of direction. A street terminating in a cul-de-sac
may be no more than six hundred (600) feet in length.
The street shall have a minimum right-of-way width of fifty (50) feet
and a minimum paving width of twenty-eight (28) feet. The cul-de-sac
shall have a minimum pavement radius of forty (40) feet and a minimum
right-of-way radius of fifty (50) feet.
3) Dead End Streets
Dead end streets shall be avoided unless a future extension of the street
is planned. When a street extension into an undeveloped area is planned,
the developer may be required to build the street and construct a temporary
paved surface, turnaround at the end with proper barricading and warning
signs, provide proper barricading in the absence of a turn around, or
post a security bond for the full cost of future construction of the
street plus reasonable inflation. It will be the responsibility of the
developer to secure adequate easement or right-of-way for any temporary
turnarounds. Dead end streets shall not exceed one thousand (1,000)
feet in length.
4) Service Road
A lesser classified functioning street that is usually parallel and
adjacent to a limited access freeway and functions as an integral part
of that system. It provides protection from through traffic to abutting
properties and is situated within the right-of-way of that higher classified
system.
J) Street Construction Standards Within the Corporate Limits Streets
within the corporate limits shall be constructed to the following minimum
standards according to classification. The City Engineer on the basis
of soil or traffic conditions may require site-specific pavement design
and/or increased pavement thickness.
1) Local Streets
Local streets shall be constructed of a stabilized base course and a
hot mix asphaltic, concrete surface, or reinforced Portland Cement concrete,
or an approved alternative section.
A) Local Streets Constructed with a Base Course and Asphaltic Concrete
Surface
1) Acceptable Base Courses
a) In Place Stabilized Base
If road gravels present at the site of proposed street construction
are of sufficient quantity and quality, they may be stabilized (using
a stabilizing agent and an application rate approved by the City Engineer)
to a depth of eight (8) inches and re-compacted to a minimum of ninety-five
(95) percent Standard Proctor Density. Exception to this requirement
may be made where sub grade soil constants are such that the required
stability may be achieved with less depth. However, in no case shall
the stabilized base be less than six (6) inches in depth.
b) A cement stabilized gravel base shall have a minimum compacted depth
of six (6) inches.
c) An asphalt stabilized gravel base shall have a minimum compacted
depth of six (6) inches. The type and rate of application of the asphalt
shall be determined by laboratory tests submitted to the City Engineer
for approval.
d) A lime stabilized sub grade (lime application rate shall be determined
by laboratory tests approved by the City Engineer).
2) Asphaltic Concrete Surface Course. The hot mix asphaltic concrete
surface course shall have a minimum compacted depth of one and one-half
(1 1/2) inches.
B) Local Streets Constructed of Portland cement concrete. Local streets
paved with reinforced Portland cement concrete shall have a minimum
depth of five (5) inches.
C) Alternative Section. An alternative pavement section accompanied
by supporting laboratory test data may be submitted for approval to
the City Engineer.
All construction shall be to standard City of McGregor specifications.
Pavement design shall be submitted to the City Engineer for approval.
2) Collector Streets. Collector Streets shall be constructed of:
A) A cement stabilized gravel base course with a minimum compacted depth
of eight (8) inches and a hot mix asphaltic concrete surface course
with a minimum compacted depth of two (2) inches, lime stabilized sub-grade
as soil conditions warrant, or
B) Reinforced Portland cement concrete with a minimum depth of six (6)
Inches, or
C) An alternative pavement section accompanied by supporting laboratory
test data and approved by the City Engineer.
All construction shall be to standard City of McGregor specifications.
Pavement design shall be submitted for approval to the City Engineer.
3) Arterial and Industrial Streets
Arterial and industrial streets shall be constructed of:
A) A lime stabilized sub grade (lime application rate shall be determined
by laboratory tests approved by the City Engineer), a cement stabilized
gravel base with a minimum compacted depth often (10) inches and a hot
mix concrete surface course with a minimum compacted depth of two (2)
inches, or
B) Portland cement concrete with a minimum depth of eight (8) inches
and a road gravel sub-base with a minimum depth of four (4) inches,
or
C) An alternative pavement section submitted with laboratory test data
for approval by the City Engineer.
All construction shall be to standard City of McGregor specifications.
Pavement design shall be submitted to the City Engineer for approval.
Permanent ingress/egress access easements will be required to meet the
minimum requirements for streets in this ordinance unless exempted by
the City Engineer or Traffic Engineer.
K) Street Construction Standards for McGregor's Extraterritorial Jurisdiction
Streets and ingress/egress access easements that provide primary access
to lots in McGregor's Extraterritorial Jurisdiction shall be constructed
to the same standards as streets of the same classification within the
corporate limits with the following exceptions:
1) Boundary streets already constructed to County standards shall not
require reconstruction.
2) All streets in industrial areas shall be built to arterial standards.
Permanent ingress/egress access easements will be required to meet the
minimum requirements for streets in this ordinance unless exempted by
the City Engineer or City Traffic Engineer.
5.206 CURB AND GUTTER
A) Requirement Conditions
1) Within the corporate limits, curb and gutter shall be constructed
(or bonded for future construction) along all streets except those in
subdivisions where all lots are at least one acre in area, have at least
one hundred fifty (150) feet of street frontage and are intended for
single family residential use only.
2) Within McGregor's Extraterritorial Jurisdiction, curb and gutter
shall be provided along all streets except existing boundary streets
constructed to County standards and accepted by the County, or streets
in subdivisions where all lots are at least one acre in area, have at
least one hundred fifty (150) feet of street frontage, and are intended
for single family residential use only.
Permanent ingress/egress access easements will be required to meet the
minimum requirements for streets in this ordinance unless exempted by
the City Engineer.
B) Construction Standards
1) Curb and gutter shall be constructed to standard City of McGregor
specifications.
2) With prior approval by the City Engineer, rolled-over curb sections
may be used.
Permanent ingress/egress access easements will be required to meet the
minimum requirements for streets in this ordinance unless exempted by
the City Engineer or City Traffic Engineer.
Sec. 5.207 SIDEWALKS
A) Sidewalks shall be installed as follows:
1) On both sides of all internal arterial and collector streets within
the same subdivision.
2) On the subdivision side of all arterial and collector streets adjacent
to the subdivision.
3) On the subdivision side of all streets within the area designated
as the Central Business District.
4) On all subdivisions and developments that have significant pedestrian
activity, as deemed necessary by the City Council and City Engineer.
5) Such additional sidewalks as the subdivider may desire.
B) Sidewalks Not Required
Sidewalks do not have to be installed where no curb and gutter is required.
C) Construction Standards
Sidewalks shall be constructed to standard City of McGregor specifications.
Sec. 5.208 COST OF IMPROVEMENTS
All required improvements shall be furnished by the developer at his/her
expense, without reimbursement by the City, except through any special
refund policies as may be established by the McGregor City Council.
Sec. 5.209 ASSURANCE OF COMPLETION AND MAINTENANCE OF IMPROVEMENTS
Before a plat is filed with the county clerk, the developer shall be
required either to complete all required improvements or to submit a
performance guarantee in an amount sufficient to pay for the construction
and installation of required improvements.
A) Completion of Improvements Without Performance Guarantee
If the developer chooses to complete improvements without submitting
a performance guarantee the following requirements must be met before
the plat is filed for record:
1) All required improvements shall be completed to City of McGregor
standards and specifications.
2) A final inspection of completed improvements shall be performed by
the City Engineer or his representative, and work must be approved and/or
accepted by the City of McGregor. The developer shall maintain all improvements
until improvements have been accepted by the City of McGregor.
3) The general contractor shall submit a letter to the City Engineer
certifying that all construction bills have been paid, and materials
and workmanship are guaranteed for one year,
4) Complete record drawings of required improvements have been submitted
to and approved by the City Engineer.
B) Performance Guarantee
If the developer wishes to have a subdivision plat filed for record
before required improvements are completed and accepted for maintenance
by the City of McGregor, the developer shall submit to the City a guarantee
of performance to be approved by the City Attorney and the City Engineer.
1) Types of Performance Guarantee
The developer may choose to provide the funds to guarantee construction
(Cash, Cashiers Check, Cash Bond, Surety Bond or other type of Depositary
Agreement), or to contract with an approved financial institution to
guarantee satisfactory completion of improvements (Letter of Credit
or Subdivision Performance Bond).
2) Duration of Performance Guarantee
The duration of the performance guarantee shall equal the length of
time estimated to be necessary for the completion of all required improvements
and shall be agreed upon in writing by the developer, the City Engineer,
the City Attorney, and a legal representative of the financial institution
involved (if any).
If required improvements are not complete prior to the expiration date
of the guarantee, the City may require cash payment by the developer
or surety company, or may require an extension of the guarantee for
a specific period of time.
3) Amount of Performance Guarantee
a) When required improvements are to be constructed by the developer,
the amount of the performance guarantee shall be based on an estimate
of construction costs provided by a Professional Engineer registered
in the State of Texas. The amount shall be sufficient to insure satisfactory
construction and installation of required improvements and shall be
approved by the City Engineer, Director of the City Plan Department,
and the City Attorney.
b) Where required improvements are to be made by the City of McGregor,
the City Engineer shall determine the construction cost and the amount
of the performance guarantee.
4) Release of Performance Guarantee
The performance guarantee shall be unconditionally released by the City
of McGregor when:
a) An inspection fee in the amount of 0.75% (3/4 of one percent) of
the estimated cost of construction has been paid to the City of McGregor,
and
b) All improvements have been completed, and
c) A final inspection of completed improvements has been performed by
the City Engineer or an official representative and the work has been
approved and/or accepted for maintenance by the City of McGregor, and
d) A letter has been submitted to the City Engineer by the developer's
general contractor stating that all construction bills have been paid
and all improvements are free of all liens and encumbrances, and
e) Complete record drawings of required improvements have been submitted
to and approved by the City Engineer.
Sec. 5.210 INSPECTION FEE
An inspection fee of 0.75% (3/4 of 1 %) of the estimated cost of construction
shall be paid to the City of McGregor.
Sec. 5.3 WAIVER OR DEFERRAL OF REQUIRED IMPROVEMENTS
The City Council may waive or defer improvements, which are not deemed
necessary for the protection of public health, orderly growth, safety,
and general welfare. When provision of any improvement is deferred,
the subdivider shall pay for or post a bond for the developer's share
of the cost of the deferred improvements. Payment shall be made or bond
posted before the plat is filed for record in the Official Public Records
of Coryell or McLennan County.
PART VI: DESIGN STANDARDS FOR LOTS AND BLOCKS
Sec. 6.1 LOTS
6.101 LOT ARRANGEMENTS
Lot lines shall be laid out in an orderly and acceptable land planning
standard with the provision that the City may require lot lines to be
perpendicular or radial to the street right-of-way line. Existing conditions
(e.g. topography, drainage, soils, vegetation, vehicular and pedestrian
traffic, buildings) shall be taken into consideration when lots are
laid out so that difficulty in obtaining a building permit for any lot
located in the city limits shall be avoided except as provided for in
Section 7.10.
6.102 LOT DIMENSIONS
Lot dimensions shall comply with requirements set out in the Zoning
Ordinance of the City of McGregor, if applicable. Dimensions of lots
being laid out for commercial or industrial purposes shall be adequate
to provide for off-street parking and loading facilities required by
the Zoning Ordinance, if applicable. If any proposed lot is large enough
to allow for further subdivision (i.e. at least double the required
lot area), the City Council may require that the lot be situated to
allow subsequently platted lots to be served by streets.
6.103 ACCESS TO LOTS
The City Engineer must approve the arrangement of streets and lots in
a proposed subdivision. The developer shall provide approved driveway
access to each lot in the subdivision from a new or existing street.
Whenever possible, access to single-family and two-family residences
shall be made from a local street. Generally access from arterial and
Collector Street to low density residential land uses is discouraged.
The City Engineer may require that lot sizes or arrangement be changed
to allow room for a driveway design, which discourages backing out into
an arterial or collector street.
When a new traffic lane is required to facilitate access to the subdivision,
the City Engineer and the City Traffic Engineer must approve additional
right-of-way dedication and street construction along an existing street.
6.104 ACCESS TO LOTS IN MCGREGOR'S EXTRATERRITORIAL JURISDICTION
Each lot shall be provided with adequate access to an existing public
street by frontage along such street or through connection of a dedicated
right-of-way or permanent ingress/egress access easement to an existing
street.
6.105 ACCESS TO LOTS IN THE CITY OF MCGREGOR
Each lot shall be provided with adequate access to an existing public
street by frontage along such street or through connection of a dedicated
right-of-way to an existing street. In a Planned Unit Development, each
lot may be provided with adequate access to an existing public street
by frontage along such street or through a connection of a dedicated
right-of-way or permanent ingress/egress access easement to an existing
street.
6.106 EASEMENTS ACROSS LOTS
Where utilities are not located in public right-of-way and no alley
is provided, utility easements at least ten (10) feet wide shall be
dedicated on each side of the rear lot line, and if necessary, on each
side of side lot lines or across other parts of lots. Easements thus
provided are to be used for installation and maintenance of public utilities.
In instances where the proposed easement is not adjacent to an interior
lot line, where ten (10) feet cannot be dedicated on each side of the
line, the minimum easement width shall be twenty (20) feet.
In the event that a subdivision is approved and recorded by parts, the
developer shall be required to dedicate easements across unplatted sections
of the proposed subdivision if such easements are necessitated by the
development of a section under consideration for final approval.
Sec. 6.2 BLOCKS
6.201 Block Dimensions
Block size and shape shall be conditioned by the type and use of the
proposed development and shall be compatible with the size and shape
of blocks in neighboring developments.
Blocks in residential areas should be at least two hundred (200) feet,
but not more than one thousand (1000) feet, in length and at least two
hundred twenty (220) feet, but not more than three hundred fifty (350)
feet in depth.
Appropriate block dimensions in a commercial or industrial development
are relative to land use and shall be considered on a case by case basis
by City departments and the City Council. Effect on the flow of traffic
and safety precautions necessitated by the development shall be primary
factors in determining appropriate block length.
6.202 PEDESTRIAN WALKWAYS
The City Council may approve or require the dedication of pedestrian
access to schools, playgrounds, shopping centers, public transportation,
or other community facilities.
Sec. 6.3 MONUMENTS
When delineating a property or boundary line as an integral portion
of a survey, the land surveyor shall set, or leave as found, sufficient,
stable, and reasonable permanent survey markers to represent or reference
the property or boundary corners, angle points, and points of curvature
or tangency. All block corners, points of intersection, and points of
curvature and tangency shall have as a minimum 3/8 inch iron rods set
in at least 0.25 cubic feet of concrete. The top of the iron rod should
be flush with the ground. All survey markers shall be shown and described
with sufficient evidence of the location of such markers on the surveyor's
plat. If the land surveyor shall prepare a written description that
shall include a written description:
A) Reference to and a description of the survey markers shown on the
plat; and
B) The seal and signature of the Registered Public Land Surveyor.
PART VII: COMPLIANCE WITH ORDINANCE
Sec. 7.1 COMPLIANCE WITH ORDINANCE PROVISIONS
REQUIRED
It shall be unlawful for any officer or employee of the City of McGregor
to do or cause to be done any work upon any street or other facility
in any subdivision within the City or within the Extraterritorial Jurisdiction
of the City unless and until all requirements of this ordinance have
been met.
Sec 7.2 CITY IMPROVEMENTS TO BE WITHHELD
The City of McGregor shall withhold all City improvements, including
but not limited to the recognition, acceptance and maintenance of streets
and the provision of sewerage facilities and water service from any
subdivision that has not been approved by the City Council.
Sec. 7.3 WITHHOLDING IMPROVEMENTS
In the event that any subdivision in the city limits or Extraterritorial
Jurisdiction takes place without the approval of the City Council, or
in violation of this ordinance, the City shall withhold and shall continue
to withhold every public improvement from said subdivision until a plat
of the subdivision has been approved by the City Council as provided
above.
Sec. 7.4 BUILDING PERMIT TO BE WITHHELD
No building permit shall be issued for the construction of any new building
or structure located on property within the City of McGregor that has
not been platted, approved by the City Council, and filed for record
in the Official Public Records of McLennan County. A "foundation
only" permit may be issued under certain conditions while the platting
process is underway. These conditions shall be based on severe time
constraints demonstrated by the developer or contractor and the subdivision
plat must have been submitted to the City Planning Department for review.
The risk to construct the structure under this situation lies solely
with the developer or contractor. The remainder of the building permit
shall not be issued until the subdivision plat is filed for record.
Sec. 7.5 CERTIFICATE OF OCCUPANCY TO BE WITHHELD
No certificate of occupancy shall be issued for any building in a subdivision
unless and until the plat of said subdivision has been approved by the
City Council and all required improvements have been completed and accepted
for maintenance by the City.
Sec. 7.6 VIOLATION OF ORDINANCE PROVISIONS
No owner or agent of the owner of any parcel of land shall transfer
or sell such parcel before a plat of the parcel has been approved by
the City Council in accordance with this ordinance.
The subdivision of any lot or parcel of land by the use of metes and
bounds description for the purpose of evading these regulations is prohibited.
Such subdivisions shall be subject to all of the requirements of this
ordinance.
Sec. 7.7 PENALTIES FOR VIOLATION
Any failure to comply with the provisions of this ordinance shall constitute
a misdemeanor and shall be subject to a fine not to exceed one thousand
dollars per day with the following exception:
No violation of this ordinance outside the corporate limits of the City
but within the Extraterritorial Jurisdiction shall constitute a misdemeanor
nor be subject to a fine as set forth above.
Sec. 7.8 ENFORCEMENT
The City may institute any appropriate action or proceedings in the
District Court to enjoin a violation of this ordinance. It shall be
the duty of the City Planning Department and City Engineer to administer
these regulations and to bring to the attention of the City Attorney
any violation or lack of compliance herewith.
Sec. 7.9 APPEAL OF DECISION OF CITY COUNCIL
An appeal of a decision by the City Council is to the appropriate District
Court of Coryell or McLennan County, Texas.
Sec. 7.10 VARIANCES AND EXCEPTIONS
7.1001 In the event that the City Council finds that extraordinary hardships
or significant practical difficulties may result from strict compliance
with these regulations or that the purposes of these regulations may
be better served by an alternative proposal, it may approve a variance
to these subdivision regulations so that justice may be done and the
public interest secured, provided that such variance shall not have
the effect of nullifying the intent and purpose of these regulations.
The City Council may consider the approval of a variance using the following
guidelines. These guidelines are not intended to be exclusive. Evidence
by the applicant must demonstrate that:
A) The effect of the variance will not be detrimental to the public
safety, health and welfare or injurious to other property;
B) The conditions upon which the request for variance is based are unique
to the subdivision under consideration, and are not generally applicable
to other properties;
C) Due to the specific conditions or topography of the site involved,
strict enforcement of these regulations would impose an undue hardship
on the applicant;
D) The variance requested (City of McGregor Corporate Limits only) will
in no way conflict with provisions of the Zoning Ordinance or the Comprehensive
Plan of the City of McGregor.
7.1002 Conditions
The City Council may grant a variance subject to such conditions as
will substantially secure the objectives of this ordinance
Section. 8. It is hereby ordained that the provisions of this ordinance
shall become and be a part of the Code of Ordinances of the City of
McGregor, Texas, and that sections of this ordinance may be renumbered
or re-lettered to accomplish such intention.
Section. 9. That all ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
Section. 10. That if any provision of this ordinance shall be held to
be invalid or unconstitutional, the remainder of such ordinance shall
continue in full force and effect the same as if such invalid or unconstitutional
provision had never been a part thereof.
Section. 11. That a violation of this ordinance shall be a misdemeanor
and the penalty for violating this ordinance shall be as provided for
in Sec. 1-5 of the Code of Ordinances of the City of McGregor, which
shall be a maximum fine of $1,000.00.
Section. 12. That it is hereby officially found and determined that
the meeting at which this ordinance is passed is open to the public
as required by law and that public notice of the time, place, and purpose
of said meeting was given as required.
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