O-273-8-79CITY SECRETARY
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CITY OF ALLEN
Subdivision
Ordinance
CITY OF ALLEN, TEXAS
SUBDIVISION REGULATIONS
ORDINANCE NO. 273
AN ORDINANCE PRESCRIBING RULES AND REGULATIONS GOVERNING PLATS, PLANS,
AND SUBDIVISION OF LAND WITHIN THE CITY OF ALLEN, TEXAS, AND ITS LEGALLY
DEFINED EXTRATERRITORIAL JURISDICTION; CONTAINING CERTAIN DEFINITIONS;
PROVIDING PROCEDURES FOR THE APPROVAL OF SUBDIVISION PLATS; PRESCRIBING
REGULATIONS FOR THE DESIGN AND CONSTRUCTION OF STREETS, SIDEWALKS, ALLEYS,
WATER AND SANITARY SEWAGE UTILITIES, DRAINAGE, AND COMMUNITY FACILITIES;
PROVIDING A PENALTY OF NOT MORE THAN TWO HUNDRED DOLLARS ($200) FOR EACH
VIOLATION THEREOF; PROVIDING A VALIDITY CLAUSE; REPEALING ALL CONFLICTING
ORDINANCES; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE:
WHEREAS, under the provisions of the Constitution and laws of the State
of Texas, including particularly Chapters 231, Acts of the 40th Legisla-
ture, Regular Session, 1927, as heretofore and hereafter amended (compiled
as Articles 974a and 6626, VACS), and the provisions of Section 4 of the
Municipal Annexation Act, 1963, (complied as Article 970a, VACS), as here-
tofore and hereafter amended, hereafter every owner of any tract of land
situated within the City of Allen who may hereafter divide the same in
two (2) or more parts described by metes and bounds or otherwise for the
purpose of laying out any subdivision of such tract of land or any addition
to said City, or for laying out suburban lots or building lots, or any lots,
and streets, alleys or parks or other portions intended for public use, or
the use of purchasers or owners of lots fronting thereon or adjacent thereto,
are required to submit a plat of such subdivision or addition for approval
by the Planning & Zoning Commission and City Council of the City of Allen; and,
WHEREAS, the rules and regulations of the City established by this Ordinance
governing plats and subdivisions of the land in the corporate limits of the
City of Allen are hereby extended to and shall apply to all of the area
under the extraterritorial jurisdiction of said City, as provided for in
the Municipal Annexation Act, 1963, enacted by the State of Texas and which
appears as Article g70a, Vernon's Annotated Civil Statutes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS:
On and after the effective date of this Ordinance, any person, firm, corpor-
ation, or organization seeking the approval of any plat, plan or replat of
any subdivision of land within the City of Allen, Texas, and its legally
established extraterritorial jurisdiction shall be required to comply with
the requirements of this Ordinance before such approvalmay be granted,
to wit:
ARTICLE I - GENERAL PROVISIONS
1.01 SHORT TITLE - This Ordinance may be known as and referred to as
the "Subdivision Regulations" of the City of Allen, Texas.
1.02 PURPOSE - It is the purpose of this Ordinance to provide for the
safe, efficient, and orderly development of the City, and the
provision of adequate streets, utilities, services, and facilities,
all in accordance with the Comprehensive Urban Plan for the City.
1.03 AUTHORITY - These Subdivision Regulations are adopted under the
authority of Article 974a of Vernon's Annotated Revised Civil
Statutes of the State of Texas, which Article is hereby made a
part of these regulations.
1.04 JURISDICTION - These regulations shall govern any and every person,
firm, corporation, or organization owning any tract of land within
the corporate limits of the City of Allen who may hereafter divide
the same into two or more parts for the purpose of laying out any
subdivision of any tract of land or any addition to said City,
or for laying out suburban lots or building lots, or any lots, and
streets, alleys or parks or other portions intended for public use,
or the use of purchasers or owners of lots fronting thereon or
adjacent thereto.
By the authority of the Municipal Annexation Act, 1963, Article 970a,
Vernon's Annotated Civil Statutes of the State of Texas, which
Article is hereby made a part of these regulations, these regulations
shall be extended to and shall apply to all of the area outside of
the corporate limits of said City but within the extraterritorial
jurisdiction of said City. Such jurisdiction shall extend into and
encompass all those areas not within the jurisdiction of some other
municipality, as classified in Article 970a VARCS, and extending in all
directions from the corporate limits of the City of Allen and all of
its extensions.
1.05 APPROVAL REQUIRED - Unless and until any such plat, plan or replat
shall have been first approved in the manner provided herein by the
Planning & Zoning Commission and City Council of the City, it shall be
unlawful for any person, firm, corporation, or organization to con-
struct or cause to be constructed any streets, utilities, buildings,
or other improvements to any tract of land; and it shall be unlawful
for any official of said City to issue any permit for such improve-
ments, or to serve or connect said land, or any part thereof, or for
the use of the owners or purchasers of said land, or any part thereof,
with any public utilities such as water, sewers, lights, gas, etc.,
which may be owned, controlled, or distributed by such City.
1.06 IMPROVEMENTS REQUIRED - All of the improvements reauired under these
regulations, or improvements specified in the Comprehensive Plan of
the City of Allen, or improvements which, in the judgement of the
City Engineer, are necessary for the adequate provision of streets,
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utilities, drainage, services, and facilities to the subdivision
and to surrounding areas of the City, shall be constructed at the
sole expense of the Developer, unless other provisions are approved
by the City Council. Payment for any and all improvements which are
not to be made at the time of the primary construction of the sub-
division or development shall be made a part of a binding contract,
signed by the Developer, and approved by the City Council.
Any rebates or other payments to the Developer by the City for the
cost of oversized improvements or off-site improvements required as
a part of the subdivision or development and necessary for the ade-
quate and efficient development of surrounding areas of the City,
shall be paid only from monies received by the City from the subdi-
viding or development of surrounding areas, and such rebates or pay-
ments shall not be made until such monies are received by the City,
unless other provisions are approved by the City Council.
1.07 VARIANCES AND APPEALS - These rules and regulations are the standard
requirements of the City of Allen, Texas. A suspension of any of
these rules and regulations may be granted by the City Council
upon a qood and sufficient showing by the owner that there
are special circumstances or conditions affecting the property in
question, that enforcement of the provisions of this Ordinance will
deprive the applicant of a substantial property right, and that such
suspension, if granted, will not be materially detrimental to the
public welfare or injurious to other property or property rights in
the vicinity. Each and every application for variance shall be decided
solely and entirely on its own merits; and the disposition of any
prior or pending application for variance shall not be allowed to
enter into or affect any decision on the application in question.
Pecunary interests standing alone shall not be justification for the
granting of a variance.
The owner of any tract of land aggrieved by the decision made under
these regulations by any administrator or official of the City shall
first apply to the Planning and Zoning Commission for a variance
based upon such administrative decision. Any aggieved party having
an interest in the matter may appeal the decision by the Planning
and Zoning Commission regarding the variance to the City Council,
whose decision, by 2/3 majority of the Council present, shall be final.
1.08 DEFINITIONS - Words and terms used in this Ordinance, unless other-
wise specified, shall have their normal meaning in commonly accepted
usage. The word "shall" shall be deemed as mandatory; the word "may"
shall be deemed as permissive. Certain words and terms shall have
the meaning for the purposes of this Ordinance as defined following:
1. City: the municipal corporation of the City of Allen, Texas.
a. City Council: the duly elected governing body of the City.
b. Commission: the Planning and Zoning Commission, as appointed
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by the City Council to administer these regulations.
c. City Official or Administrator: any person, elective or
appointive, or any employee, or any board or commission
authorized or constituted by City Ordinance or State law
to act in behalf of the Municipality.
d. Plan Administrator: the City Official designated to
administer the provisions of these regulations.
e. City Engineer: the Engineer employed by the City, or the
Engineers retained as consultants to the City, or their
duly authorized representative.
2. Comprehensive Plan: the general plan for the growth and devel-
opment of the City and its environs; and including any elements
of such plan, such as a Land Use Plan, Thoroughfare Plan,
Utilities Plan, Schools and Parks Plan, and others.
3. Land Planner: any person skilled in the art and science of arrang-
ing and designing the layout of land so as to create adequate and
desirable building sites, a coordinated street system, and space
appropriate to the efficient removal of storm water and the pro-
vision of public services and utilities all consistent with the
long-range goals and the objectives of the Comprehensive Plan.
A Land Planner may be trained in any of several specialities; and
where appropriate to his experience the term includes architect,
engineer, landscape architect, and surveyor.
4. Street: a public or private way set aside as a permanent right -
of way for the movement of vehicular traffic or to provide access
to abutting property, by whatever term desinated.
5. Subdivider or Developer: an individual, firm, association, syndicate,
co -partnership, corporation, or other organization dividing or pro-
posing to divide land, or making improvements to such land, so as
to effect a subdivision of land hereunder for himself, or for it-
self, or for another.
6. Subdivision: the division of any lot, tract, or parcel of land into
two or more lots or sites for the purpose of sale or of building
development, whether immediate or future. The term includes resub-
division or replatting of an existing subdivision, but does not
include the division of land for agricultural purposes in parcels
or tracts of five acres or more and not involving any new street,
alley or easement of access. When appropriate to context, the term
subdivision shall relate to the process of subdividing or to the
land subdivided.
a. General Development Plan: a map, drawing or chart drawn to scale
on which is shown the subdivider's proposed arrangement of streets,
lots, easements, other public spaces, and general land uses on
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all contiguous properties owned or held under single ownership
from which a proposed subdivision is intended to be made. The
General Development Plan may be the same as a Preliminary Plat,
if such Plan complies with the requirements of a Preliminary Plat.
b. Preliminary Plat: a map, drawing or chart drawn to scale on which
is shown the subdivider's proposed arrangement of streets, lots,
easements, and other public spaces in the subdivision which he
intends to submit in form for recording.
c. Final Plat: a map, drawing or chart prepared according to the
provisions of this Ordinance, and containing all engineering and
legal data, dedications, and certificates necessary to the record-
ing of same in the maps and plats records of the County.
d. Certified Land Division: a map, drawing or chart delineating
parcels of land offered for rent or lease and which (1) is not
required by statute or State regulation to be filed in the maps
and plat records of the County, and (2) does not involve or
require the dedication of public streets or alleys, or easements,
or other public property, and (3) has been certified by the City
Council as having met the conditions of this Ordinance.
A Certified Land Division shall be treated as a Subdivision Plat
under these regulations, except that it properly certified for
filing with the City Secretary rather than the County Clerk.
In addition, a Final Plat of the property indicating legal
boundaries and any public dedications and easements shall be
prepared and filed with the County Clerk.
7. Extraterritorial Jurisdiction (ETJ): all land situated as classified
by Article 970a VARCS in all directions from the corporate boundary of
City and its extensions, and which is not in conflict with the ETJ
of another municipality.
8. Easement: an area intended for restricted use on private property
upon which any public utility shall have the right to remove and
keep removed all or part of any buildings, fences, trees, shrubs,
or other improvements or growths which in any way endanger or
interfere with the constuction, maintenance, or operation of any
of its respective utility or drainage systems within any of these
easements. Any public utility shall at all times have the right
of unobstructed ingress and egress to and from and upon the said
easements for the pupose of constructing, reconstructing, inspect-
ing, patrolling, maintaining, and adding to or removing all or
part of its respective systems without the necessity at any time
of procuring the permission of anyone.
9. Zoning Ordinance: the duly adopted Ordinance of the City of Allen
establishing certain districts within the City and regulating the
use of land, size of lots, size and height of buildings, and other
elements of development within those districts.
10. Estate Subdivision: A subdivision of lots at least one (1) acre in
size intended for single-family use which may be determined by the
City to be adequately developed and served by septic tanks, wells,
and/or other facilities normally associated with rural development.
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ARTICLE II - SPECIAL PROVISIONS
2.01 FACILITIES AGREEMENT - The Subdivider may be required to enter into
an agreement with the City which shall govern his Subdivision. This
agreement shall be based upon the requirements of this Ordinance;
- and shall provide the City with specific authority to complete the
improvements required in the agreement in the event of failure by the
Developer, and to recover the full legal costs of such measures.
This Facilities Agreement shall be a legally binding agreement between
the City and the Developer specifying the individual and joint res-
ponsibilities of both the City and the Developer. Unusual circumstances
relating to the Subdivision shall be considered in the Facilities
Agreement such that the purpose of this Ordinance is best served for
each particular Subdivision: Such Facilities Agreement may stipulate
pro rata payments, City participation in unusual facilities, escrow
deposits or other payments for future facilities, park land dedica-
tions, variances granted to this Ordinance, and other particular
aspects of the development. The Developer shall include in such an
agreement a hold harmless and indemnity clause agreeing to hold the
City harmless against any claim arising out of the Developer's Sub-
division or any actions taken therein.
The Developer shall have a continuing responsibility under this
Facilities Agreement after the filing of the Final Plat and until
all facilities and improvements required under this Facilities
Agreement have been completed. When the construction of required
improvements have proceeded to the point that certain parts of the
Subdivision are adequately served, the City Manager may release
specific portions of the Subdivision for use prior to the completion
of all improvements. This shall not be done if the release of such
improvements will jeopardize or hinder the continued construction
of required improvements, and the Facilities Agreement shall remain
in force for all portions of the Subdivision for which a release has
not been executed.
2.02 DEVELOPMENT PERMIT - A Development Permit shall be required prior
to the clearing, grading, filling, dredging, construction of public
streets, utilities, or drainage, or other improvements which may
affect adjacent or surrounding properties. Such permit shall des-
cribe the property and the nature of the development, and shall be
accompanied by construction plans adequate to describe the improve-
ments. All plans accompanying permits for any work within a Flood
Plain shall be certified by a Registered Civil Engineer. The City
Engineer shall approve such Development Permit when all conditions
of this Ordinance have been satisfied, but not until a Final Plat
has been approved by the City Council.
2.03 PRO -RATA PAYMENTS - The Developer shall be fully responsible for
the construction of oversize or off-site access, utilities, drainage,
and other improvements necessary for his subdivision and the sur-
rounding area, unless other provisions are approved by the City
Council. Provisions for reimbursement of costs in excess of those
necessary to serve his subdivision, and any other provisions, shall
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be made a part of the Facilities Agreement. For any subsequent sub-
division utilizing such facilities, any costs due prior Developers
shall be pro -rated as the use by the new subdivision bears to the
amount due. Such pro -rated amounts will be made a part of any sub-
sequent Facilities Agreement, collected by the City, and repaid to
the original Developer making such improvements.
All such reimbursements and pro -rations shall be based on the actual
cost of the improvements at the time of their construction. The orig-
inal Developer shall therefore provide the City with a certified copy
of all construction bids or other legal documentation of construction
costs from which calculation of reimbursable amounts will be made for
inclusion in the Facilities Agreement.
In the case that the Subdivision shall utilize streets, utilities,
drainage, or other facilities already constructed through the use
of funds of the City, the Developer shall pay to the City for the use
of such facilities an amount equal to that which would be required
to serve the Subdivision under the requirements of this Ordinance,
based upon policies developed and approved by the City Council.
Any such payments due the City from the Developer shall be determined
by the City Engineer. Payments shall be made to the City prior to
approval of the Final Plat, or a method of payment may be made a
part of the Facilities Agreement approved by the City Council.
2.04 CITY PARTICIPATION - The City may participate with the Developer on
major items of construction such as lift stations, bridges on streets
adjacent to the Subdivision, and others which benefit existing or
future development in addition to that being subdivided. The amount
of financial responsibility of each party and the terms for dis-
charging such responsibility may be provided for in a Facilities
Agreement.
The construction of certain facilities required by the provisions
of this Ordinance may not be possible or practical at the time the
Developer prepares his plans for public improvements. Such deletion
or delay of improvements may be specified in the Facilities Agree-
ment, together with provisions for escrow deposits or future payment
by the City and/or Developer.
2.05 FLOOD PLAINS - Prior to the clearing, grading, filling, dredging,
or other improvement with a designated Flood Plain, application
shall be made for a Development Permit as provided herein. Plans
accompanying such Development permit shall be certified by a
Registered Civil Engineer that such improvements will not increase
the elevation of the 100 -year flood plain on any adjacent or up-
stream property by more than one (1) foot. A determination of other
possible adverse environmental effects on adjacent properties will
also be made in approving or disapproving such Development Permit.
Upon, and as a condition for approval of the Development Permit,
all lands remaining within the 100 -year flood plain shall be ded-
icated as an easement for public use, unless designated as open
space under terms and conditions approved by the City Council.
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2.06 PARK DEDICATION - It is hereby declared to be the express policy
of the City of Allen to provide sufficient park and recreation
facilities within the City to adequately provide for and primarily
benefit persons in the various residential subdivisions of the
City. This policy will be carried out under the provisions of
this section, utilizing the Parks & Recreation element of the
Comprehensive Urban Plan as a guide to the development of parks.
Prior to the approval of any Final Plat, the need for park and
recreational facilities required to serve the residents of the area shall
be determined by the Planning & Zoning Commission and approved by
the City Council. Prior to the approval of any Final Plat, the
Developer shall be required to dedicate lands or pay the fee in
lieu thereof to the City to fully and adequately provide park and
recreational sites for the Subdivision which is proposed.
Upon presentation of the Preliminary Plat, sites for park and
recreational facilities shall be determined as to location, size,
and type of facility by the Commission. A calculation shall also
be made of the Pro Rata Park Charge for the entire Subdivision
in accordance with the schedule set out following:
Type of Development
Pro Rata Park Charge
Single-family residential . . . . . . . . . . . . . . $100.00 per unit
Duplex, townhouse, or multi -family
(up to 10 units per acre) $75.00 per unit
Multi -family (over 10 units per acre) . . . . . . . . $50.00 per unit
Single-family residential (when separate facili-
ties have been provided and developed for home
owners association maintenance, and the land
or amenities are equivalent in value to at least
25% of normal neighborhood park requirements) . . $75.00 per unit
The total calculated Pro Rata Park Charge for the entire development
shall be compared with the fair market value of the prospective park
land in determining whether land shall be dedicted, or a sum of
money paid in lieu of dedication, or both. The term "fair market
value" as used herein shall mean that price which the land would bring
if sold in the usual and ordinary course of business. Each Developer
shall be given opportunity to present to the City Council any evidence
tending to establish fair market value of the land. The City Council
shall decide the fair market value of the land, and such determination
shall be final.
The value of the prospective park land proposed to be dedicated shall
be determined by using the actual fair market value of the raw land
plus one-half (1/2) the cost of an abutting local street only, plus
one-half (1/2) the cost of water and sewer utilities within the abut-
ting local street, as may be necessary to provide service to the site.
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The determination of whether land is dedicated or a fee in lieu
thereof is paid shall be determined by one of the following methods:
1. On a Subdivision of less than one hundred (100) acres, the
Developer shall be required only to pay a sum of money equal
to the Pro Rata Park Charge as a fee in lieu of dedication
to the City park development fund.
2. On a Subdivision of from one hundred (100) acres but less
than three hundred twenty (320) acres, the dedication of
land, a cash payment in lieu of dedication, or a combination
of both shall be required. For a Subdivision of this size
range, the dedication of land or cash payment shall be
determined by the following criteria:
a. If the fair market value of the proposed land to be dedicated
exceeds the Pro Rata Park Charge by one thousand dollars
($1,000.00) or more, the Developer shall not be required to
dedicate land but shall pay a sum of money equal to the
Pro Rata Park Charge as a fee in lieu of dedication.
b. If the fair market value of the proposed land to be dedicated
is equal to or within one thousand dollars ($1,000.00)(over
or under) of the Pro Rata Park Charge, the Developer shall
be required to dedicate the land so proposed by the City.
c. If the fair market value of the proposed land to be dedicated
is less than the Pro Rata Park Charge by one thousand dollars
or more, the Developer shall dedicate the land so proposed
by the City and, in addition, pay a sum of money equal to
the Pro Rata Park Charge less the fair market value of the
land so dedicated.
3. On subdivisions of from three hundred twenty (320) acres and
above, there shall be required dedication of land of a fair
market value equivalent to the Pro Rata Park Charge
All pro rata park charges made under these provisions shall be dep-
osited in the park fund of the City and said funds shall be used
only for the purposes of providing park and/or recreational facili-
ties to the citizens of Allen, but primarily and on a pro rata basis
to benefit persons in the Subdivision for which such funds were
deposited.
The pro rata park charge shall be based upon the actual number of
platted lots or living units to be constructed within a development
plan. Each living unit within a structure shall be considered as
a separate living unit, whether platted, subdivided, or contained
as a common area in a common structure, and each living unit shall
be subject to the unit pro rata park charge.
When a Subdivision is to be developed in stages, a Facilities Agree-
ment may set out provisions for the future dedication of land and/or
payment of fees in lieu of dedication.
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ARTICLE III - PROCEDURE
3.01 PRE -DESIGN CONFERENCE - Prior to the filing of a Preliminary Plat,
the Subdivider shall consult with the Plan Administrator and the City
Engineer or their duly authorized representative concerning the ul-
timate land use of the proposed development, the most advantageous
subdivision plan, the suitibility of the location of the proposed
subdivision, the arrangement of streets, alleys, and lots, the lay-
out of utility lines and availibility of service from trunk mains,
and other regulations and policies of the City regarding development.
Conditional approval as to the general land use of the proposed
subdivision must be obtained from the Plan Administrator prior to
preparation of the Preliminary Plat.
3.02 NOTICE OF INTENT - The Subdivider shall submit to the Commission a
letter showing his name and address and that of his Land Planner and
stating his intent to subdivide a particular property, briefly des-
cribing the location, amount of land, and particulars as to the in-
tended use of the property, and requesting that the review of a
Preliminary Plat for the property be placed on the agenda of a sched-
uled Commission meeting. Such Notice of Intent shall be received no
later than fifteen (15) days prior to the date of a scheduled Comm-
ission meeting to be placed on the agenda for that meeting.
3.03 PRELIMINARY PLAT - The Commission shall be furnished with ten (10)
legible prints of the Preliminary Plat together with ten (10) copies
of necessary supporting documents describing the type of develop-
ment, provision of services, development procedure and timing, and
engineering studies. Such materials shall be received no later than
fifteen (15) days before the Commission meeting scheduled for review of
the Preliminary Plat. No plat will be considered by the Commission
until and unless the prescribed filing fees have been paid.
The Developer shall obtain a checklist to be furnished by the City.
Such checklist shall be attached to the Preliminary and Final Plats,
and shall be authenticted by proper officials of the City and the
Developer certifying that the plat has been fully and properly
processed in accordance with these provisions.
The Preliminary Plat shall be delivered to the Plan Administrator
who shall cause the same to be checked and verified, prepare a
report to the Commission setting forth his findings, and file such
report, together with the Plat, with the Commission at the meeting
scheduled for review. The Subdivider should be present at the meet-
ing; however, the Subdivider, by written notice filed with the Plan
Administrator, may designate his Land Planner, Engineer, Surveyor,
or like agent for the processing of his subdivision.
1. General Development Plan: When a Subdivision is a portion of a
tract larger than forty (40) acres in size to be subdivided later
in its entirety, a General Development Plan of the entire tract
shall be submitted with the Preliminary Plat of the portion to
be first subdivided. The General Development Plan shall show the
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schematic layout of the entire tract and its relationship to ad-
jacent property within the neighborhood unit. When appropriate,
more than one tract or subdivision may be included within the
General Development Plan.
The General Development Plan shall delineate the proposed char-
acteristics of the area in terms of major categories of land use,
dwelling units and population densities, general layout of lots
and streets, drainageways, utility trunk lines, location of sites
for parks, schools and other public uses, present and proposed
zoning, and such other information as the Commission finds to be
necessary for making a decision on the approval of the Preliminary
Plat.
A General Development Plan shall be considered to be a detailing
of the Comprehensive Plan and shall become effective upon adoption
by the Commission; providing, however, that no General Development
Plan shall be approved other than in sustantial conformity with
the Comprehensive Plan. Every General Development Plan adopted by
the Commission shall be so certified by the Chairman of the Comm-
ission and a copy thereof shall be placed on file with the City
Secretary as part of the public record. A General Development Plan
is to continue in force until amended or rescinded by the Commission
and shall be the official guide tothe owners of all property with-
in its area of coverage. Where multi -ownerships preclude the pre-
paration of a General Development Plan by a single owner, the Comm-
ission is authorized to prepare or to cause such Plan to be prepared.
No Preliminary Plat within an area for which a General Development
Plan has been adopted shall be approved except in substantial con-
formity with such adopted Plan.
Where it is proposed to develop a unified residential, commercial,
industrial and/or institutional project under a Planned Development
zoning, the Commission may recommend to the City Council the var-
iance of specific requirements of this Ordinance if there is a
detailed site development plan having provisions for light and air,
vehicular and pedestrian circulation, schools and recreation, and
other facilities equal to or better than the detailed requirements
of this Ordinance. Approval of a Planned Development plan by the
Commission shall be controlling on the location of all buildings
and facilities shown theron.
Commission approval shall include approval of the sequence of dev-
elopment and construction of phases of the project. It may include
such stipulations or conditions as the Commission deems necessary
in order to accomplish the purposes of this Ordinance and to protect
the health, safety and welfare of the community.
2. Scale and Drawing Size: The Preliminary Plat shall be drawn to a
scale of 100 feet to the inch. The drawing size is not specified;
however, where a property submitted on a Preliminary Plat will be
the same as that for the Final Plat, the sheet size should be the
same as the Final Plat.
3. Existing Features Inside Subdivision:
a. Topography to be shown with contour interval of five (5) feet
or less.
b. The locations, widths, and names of all existing or platted
streets, alleys, easements, existing permanent buildings,
railroad rights-of-way, and other important features such
as creeks, abstract lines, political subdivisions or City
limits, and school district boundaries.
c. Existing sewers, water mains, culverts, or other underground
structures with pipe sizes, grades, and locations indicated.
4. Existing Features Outside Subdivision: Similar features shall be
identified for a distance of two hundred (200) feet outside the
proposed subdivision. Property lines and the names of adjacent
subdivisions and/or the names of record of adjoining parcels of
unsubdivided land shall be indicated. Features outside the sub-
division should be shown in lighter or dashed lines as appropriate
to distinguish from features within the subdivision.
5. New Features Inside Subdivision:
a. The boundary line, accurate in scale, of the tract to be
subdivided, with accurate distances and bearings indicated.
b. The layout, designations, names, and widths of any and all
proposed streets, alleys, and easements.
c. The layout, numbers, set -back lines, and approximate dimensions
of proposed lots and blocks.
d. All parcels of land intended to be dedicated or reserved for
public use, or reserved in the deeds for the use of all prop-
erty owners in the proposed subdivision, or reservations for
other uses, together with the purpose or conditions and limit-
ations of such reservations, if any.
e. A plan of the proposed water and sanitary sewer lines and
related facilities, and proposed drainage facilities including
drainage areas, calculated runoff, points of concentration,
and the location of proposed lines, inlets, culverts, and
bridges. Such utility and drainage plans may be submitted on
separate sheets at the same scale as the Preliminary Plat.
6. Location Map: A location map of the proposed subdivision at a
scale of 1 inch to 2,000 feet showing existing and proposed major
features covering an area of at least one mile in all directions
from the proposed subdivision.
-12-
7. Title Information:
a. The proposed name of the subdivision, with section or sequencing
designation, as appropriate.
b. North point, scale, date, and acreage of the proposed subdivision.
c. The names and addresses of the owner, Developer, and Land Planner,
Engineer, and/or Surveyor, as appropriate.
d. The tract designation, abstract, and other description according
to the real estate records of the City or County.
e. Total number of lots, and designation and amounts of land of
the proposed uses within the subdivision.
8. Approval Block: The following notice shall be placed on the face of
each Preliminary Plat and utility plan by the Subdivider:
"PRELIMINARY PLAT FOR REVIEW PURPOSES ONLY"
The following certificate shall be placed on the Preliminary Plat
by the Subdivider:
"Approved for Preparation of Final Plat"
Chairman
Planning and Zoning Commission
City of Allen, Texas
Da to
9. Approval and Expiration: When a Preliminary Plat is found to conform
to these regulations, or may be made to conform by making certain
changes directed by the Commission, a copy of the Preliminary Plat
with such changes if any made thereon, and the approval thereof by
the Commission, conditioned as necessary on said changes, shall be
transmitted to the Subdivider. Approval of the Preliminary Plat as
such shall in no way constitute final acceptance or approval of the
subdivision.
When a Preliminary Plat has been approved by the Commission, the
Final Plat for all or a part of the area shall be submitted within
six (6) monthsthereafter; otherwise the approval shall terminate
and shall be void, unless prior to the expiration of said approval
the time for filing of the Final Plat is extended at the written
request of the Subdivider.
When the Commission finds that the Preliminary Plat does not
conform to these regulations, and that changes to make it conform
are not acceptable to the Subdivider, the Commission shall return
a copy of the Preliminary Plat with a report of such findings to
-13-
the Subdivider. The Subdivider at any time thereafter may submit
a new design for Commission approval following the same procedure
as required for the original application. If the new design for
the same area or a lesser part thereof is filed within thirty (30)
days following Commission disapproval, no new filing fee will be
required. No resubmittal, and no new fee, shall be required when
Commission disapproval is for the purpose of further study or hear-
ing by the City on related matters such as zoning, flood control,
utility service, or coordination with other governmental juris-
diction.
10. Combination Preliminary and Final Plat: The Subdivider may, at his
option, elect to combine his Preliminary Plat and Final Plat when-
ever the tract of land: a) is to be resubdivided to affect no more
than three (3) lots, and b) no change of street locations would be
required, and c) the proposed development will be of the same type
use and of comparable intensity as adjacent existing or planned
development.
3.04 FINAL PLAT - When a Preliminary Plat has been approved by the Commission,
or changes designated by the Commission have been made by the Subdivider,
the Subdivider may prepare his Final Plat for all or a portion of the
area in form for approval by the Commission. The Final Plat shall be
submitted to the Plan Administrator who shall cause the same to be
checked and verified as to its conformance with the Preliminary Plat
as approved by the Commission. If the Final Plat is incomplete or
does not conform, or if necessary fiscal agreements have not been sub-
mitted for City approval, the Final Plat shall be deemed not to have
been submitted until any and all deficiencies are corrected.
Six (6) direct prints and two film positives of the Final Plat shall
be executed and delivered to the Plan Administrator at least fifteen
(15) days prior to the scheduled meeting of the Commission at which
action is requested. No Final Plat may be considered by the City
until the prescribed filing fees have been paid.
When the Plan Administrator has confirmed that all requirements
have been complied with, he shall submit a written confirmation to
the Subdivider, which shall specify the meeting of the Commission
scheduled for review of the Final Plat. Said written confirmation
shall be deemed the date of submission of the Final Plat by the Sub-
divider. The Plan Administrator shall prepare a report on the Final
Plat and shall file the Final Plat, with his report, for review at
the next scheduled meeting of the Commission.
The Commission in its review shall prepare a written recommendation
for action by the City Council, to either Approve or to Disapprove
the Final Plat, and stating its reasons for such recommendation.
Said report and recommendation shall be submitted by the Commission
at the next regularly scheduled meeting of the City Council. The
City Council may consider approval of a Final Plat if any and all
reasons for disapproval by the Commission have been corrected by the
Subdivider in the interim.
-14-
The Final Plat may constitute all or only a portion of the approved
Preliminary Plat, but any portion thereof shall conform to all of the
requirements of these regulations. If Final Plats are submitted for
approval by portions or sections of the proposed subdivision, each
portion or section shall carry the name of the entire subdivision but
shall bear a distinguishing letter, number, or subtitle. Block letters
shall run consecutively throughout the entire subdivision, even though
such subdivisions might be finally approved in sections.
1. Scale and Drawing Size: The Final Plat shall be drawn on sheets
measuring 22 or 24 inches by 35 inches, and shall be at a scale of
100 feet to the inch. In the event that more than one sheet is
required, an index sheet at a reduced scale shall be provided.
2. Features to be Shown: All necessary data to locate and reproduce
the Final Plat on the ground must be shown on the Final Plat.
a. The boundary lines with accurate distances and bearings, a
metesand bounds description of the boundary with an error of
closure not to exceed one in five thousand, exact acreage,
and the exact location and width of all existing or platted
streets intersecting the boundary of the tract. One copy of
the traverse closure sheet shall accompany the Final Plat.
b. True bearings and distances to the nearest established street
lines, official monuments, or subdivision corner, which shall
be found and accurately described and described on the Final
Plat. Abstract lines and municipal and school district boundaries
c. An accurate location of the subdivision in reference to the
deed records of the County which shall include the volume and
page of the deed of the property to be subdivided.
d. The layout, width, and names of all streets and/or alleys,
with the bearings and distances between points of curvature.
e. The length of all arcs, radii, internal angles, points of
curvature, length and bearing of the tangents. Such data to
be provided on a table keyed to the curves on the Final Plat.
f. The location, width, and description of all easements for
right-of-way provided for public services, utilities, or fire
lanes, and any limitations on use of the easements.
g. All lot lines with accurate dimensions in feet and hundredths
and with bearings and angles to street and alley lines to the
nearest second. The acreage of each lot to the nearest hundredth
of an acre. A designation on the Final Plat of the total number
of lots included.
h. For all lots located wholly or partially within, or immediately
adjacent to a designated Flood Plain area, a designation of
the minimum finish floor elevation allowed, which shall be at
least one (1) foot above the 100 -year flood elevation at that
point.
-15-
i. A continuous and sequential of lettering and/or numbering of
blocks and lots within the subdivision.
j. Required building set -back lines.
k. An accurate outline description, and area to the nearest
hundredth of an acre, of all parcels of land which is offered
for dedication or reserved for public use, or reserved in the
deeds for the use of all property owners in the proposed sub-
division, or reservations for other uses, together with the
purpose and conditions or limitations of such reservations
and/or dedications, if any.
1. The accurate location, material, and approximate size of all
monuments and bench marks.
3. Location Map: A location map of the proposed subdivision at a
scale of 1 inch to 2,000 feet showing existing and proposed major
features covering an area of at least one mile in all directions
from the proposed subdivision.
4. Title Information:
a. The proposed name of the subdivision, with section or sequencing
designation, as appropriate.
b. North point, scale, and date.
c. The names and addresses of the owner, Developer, and Land
Planner, Engineer, and/or Surveyor responsible for actual
design of the subdivision.
5. Certificates Required:
a. Certification by a registered professional Civil Engineer
or licensed Land Surveyor, registered in the State of Texas,
to the effect that the Plat represents a survey made by him
or under his direct supervision and that all the monuments shown
thereon actually exist, and that their location, size, and
material are correctly shown.
b. A certificate of ownership and dedication, of a form approved
by the Plan Administrator, of all streets, alleys, parks,
open spaces, and public ways to public use forever, signed and
acknowledged before a Notary Public by the owner and any and
all lienholders of the land, and a complete and accurate des-
cription of the land subdivided and dedications made.
c. A certificate, signed by the City Tax Assessor, stating that
all taxes and assessments then due and payable on the land
contained within the subdivision have been paid.
-16-
d. The following certificates shall be placed on the Final Plat,
in a manner that will allow the filling in of the certificate
by the proper party:
"Recommended for Approval" "Approved and Accepted"
Chairman Mayor
Planning and Zoning Commission City of Allen, Texas
Date Da to
"The undersigned, the City Secretary of the City of Allen, Texas,
hereby certifies that the foregoing Final Plat of the
City of Allen was submitted to thedCity �Councildion ontthe to the
day of 19 and the Council then and there
accepted the dedication of streets, alleys, parks, easements,
and public ways, as shown and set forth in and upon said Plat,
and said Council further authorized the Mayor to note the
acceptance thereof by signing his name as hereinabove subscribed.
City Secretary
City of Allen, Texas"
6. Construction Plans: Construction plan and profile sheets for all
public improvements shall be submitted with the Final Plat. The
approval of the Final Plat shall be contingent upon approval of
construction plans by the City Engineer. Construction plans and
profiles shall be drawn on sheets measuring 22 or 24 by 36 inches,
and shall be the same size as the Final Plat. Each sheet shall
include north point, scales, date, and bench mark description to
sea level datum. Each sheet shall show the seal and signature of
the registered professional Civil Engineer who prepared the plans,
and shall include the following:
a. A plan and profile of each street with top of curb grades
shown. Scales shall be 1 inch equal 40 feet horizontally, and
1 inch equal 5 or 6 feet vertically.
b. The cross-section of proposed streets, alleys, and sidewalks
showing the width and type of pavement, base and subgrade,
and location within the right-of-way.
c. A plan and profile of proposed sanitary sewers, with grades
and pipe sizes indicated and showing locations of manholes,
cleanouts, and other appurtenances. Section of embedment.
d. A plan of the proposed water distribution system showing pipe
sizes and location of valves, fire hydrants, fittings, and
other appurtenances, with a section showing embedment.
-17-
e. A plan to scale of all areas contributing storm water runoff
or drainage within and surrounding the proposed subdivision.
Such plan shall indicate size of areas, storm frequency and
duration data,amounts of runoff, points of concentration, and
other data necessary to adequately design drainage facilities
for the area.
f. A plan and profile of proposed storm sewers, showing hydraulic
data, pipe grades and sizes, manholes, inlets, pipe connections,
culverts, outlet structures, bridges, and other structures.
7. Approval and Recording: The Commission and the City Council shall
act upon the Final Plat within thirty (30) days after written
acceptance by the Plan Administrator as hereinbefore provided.
Failure of the Council to act within this time shall constitute
approval of the Final Plat, and the Mayor shall be directed to
affix his signature of approval to such Final Plat and the City
Secretary be directed to certify to its acceptance.
There shall be no conditional approval of a Final Plat by either
the Commission or the City Council. Refusal, denial, or disapproval
of any portion of a Final Plat by the City Council shall constitute
disapproval of the entire Final Plat. The Final Plat shall be
disapproved unless and until necessary fiscal agreements have been
approved by the City Council.
Within seven (7) days of its approval -by the City Council, the
Final Plat shall be recorded in the maps and plats records of the
County by the City Secretary. The Plan Administrator shall cause
prints of the record plat to be provided to the affected City
offices as they may require. The Final Plat shall not be returned
or released to the Subdivider until recorded as provided above.
When a Final Plat has been approved by the City Council, at least
fifty percent (50%) of the public improvements must be made with-
in one (1) year thereafter, unless some other period has been set
out in a binding contract approved by the City Council; otherwise
the approval shall terminate and shall be void, unless prior to
the expiration of said approval the time for expiration is extended
at the written request of the Subdivider.
Disapproval of a Final Plat by the City Council shall be deemed
a refusal.by the City to accept the offered dedications shown thereon.
Approval of a Final Plat shall not be deemed an acceptance of the
proposed dedications and shall not impose any duty upon the City
concerning the maintenance or improvement of any such dedicated
parts until the proper authorities of the City have both given
their written acceptance of the improvements and have actually
appropriated the same by entry, use, or improvement.
ARTICLE IV - DESIGN STANDARDS
4.01 STREETS -
1. Conformity to Thoroughfare Plan: The width and location of streets
shall conform to such Thoroughfare Plan of the City of Allen as
the Council may have adopted, both as to horizontal and vertical
alignment and right-of-way widths. (See following pages.)
a. Arterial Street or Major Thoroughfare: any street designated
in the Comprehensive Plan as being a principle route more or
less continuous across the City or areas adjacent thereto, or
any route carrying or designated to carry fast-moving or large
volumes of traffic.
b. Collector Street: a street which carries traffic from local
residential streets to the system of arterial streets, including
the principal streetor streets into a subdivision development,
and streets designed primarily to provide traffic circulation
within or between one or more subdivisions.
c. Residential or Local Street: a street exclusively or primarily
providing access to abutting properties. A Local street may be
located within a commercial or industrial area.
d. Cul -de -Sac: a local street having but one outlet to another
street, and terminated on the opposite end by a vehicular
turn -around.
e. Dead-end Street: a street, other than a cul-de-sac, having
only one outlet.
f. Frontage Street: a local street lying parallell to and adjoin-
ing a major street right-of-way, which provides access to
abutting properties and protection from through traffic.
g. Alley: a public or private way designed primarily for vehicular
travel to provide access to or from the rear or side of prop-
erty otherwise abutting on a street.
h. Loop Street: a local street having only two outlets onto one
other street except a cul-de-sac.
2. Relation to Adjoining Street System: The proposed street system
shall extend all existing major streets and such collector and
local access streets as may be desirable for convenience of cir-
culation. Where possible, the width and the horizontal and ver-
tical alignment of extended streets shall be preserved.
3. Street Jogs: Where off -sets in street alignment are, in the opinion
of the Commission, unavoidable, such off -sets may be employed pro-
vided the distance between center lines is not less than one hundred
twenty-five (125) feet.
-19-
N
O
I
City of Allen, Texas
RECOMMENDED THOROUGHFARE DESIGN STANDARDS
DESIGN EL E1"FNT
FUNCTIONAL CLASSIFICATION
P6DA
P6D
M7U
M6D
M6U
M5U
M4D
1.14U
C0
C4U
C2U
R3U
R2U
CROSS SECTION
I
I
III
I
II
III
I
II
1
II
II
II
IV
(A) NUMBER OF TRAFFIC LANES
6
6
6
6
6
4
4
4
4
4
4
3
2
(B) LANE WIDTHS
12'
12'
12'
12'
12'
12'
12'
12'
11
11'
10'
10'
12'
(C) RIGHT -OF -WAY -WIDTH
170'-
200'
120'-
140'
120,
110'-
120'
1006
90'-
100'
80'-
100'
70'-
90'
70'-
90'
60'-
80'
60'
S0'
40'
(D) AVERAGE VEHICLE CAPACITY
(VEHICLE HOUR/VEHICLE DAY)
3,850/
43,000
3,000/
33,000
3,000/
33,000
3,000/
33,000
3,000/
33,000
2,000/
22,500
2,000/
22,500
2,000/
22,500
1,900/
21,000
1,900/
21,000
1,000/
11,000
600/
7,500
400/
5,000
(E) DESIGN SPEED (MPH)
40-45
40-45
40
40
35-40
35-40
35-40
30-40
30-40
30-4n
30-35
25-30
25
(F) MAXIMUM GRADE (%)
6-7"
6-7%
6-7%
6-7"
6-7%
6-7%
6-7%
6-7%
6-8%
6-8%
6-8%
6-80
6-8%
(G) MAXIMUM HORIZONTAL CURVATURE
I. DEGREES
2. CENTERLINE RADIUS
7-15"
383'
7-15"
383'
7-15"
383'
7-15"
383'
7-15"
383'
7-20"
288'
7-20"
288'
12-200
288'
12-20"
288'
12-21"
274'
12-21"
274'
12-40"
146'
1,-400
146'
(H) STOPPING SITE DISTANCE
275'
275'
275'
275'
275'
275'
275'
250'
250'
250'
250'
200'
200'
(I) MINIMUM MEDIAN WIDTH
24'
16'
(16')
16'
N.A.
(14')
12'
N.A.
12'
N.A.
N.A.
N.A.
N.A.
(J) MIN. SPACING MEDIAN OPENING
500'
500'
N.A.
300'
N.A.
N.A.
300'
N.A.
180'
N.A.
N.A.
N.A.
N.A.
(K) VERTICAL CLEARANCE
15'
15'
15'
15'
15'
15'
15'
15'
14'
14'
14'
14'
14'
ROADWAY CROSS SECTIONS
rRAFFIC MEDIAN TRAFFIC
WIDTH
rRAFFIC
LANES (! J LANES
LANES
I(A) I I (A) I
I (A)
1 Rlemr-OF-wAr wlDTN (CJ ----�
RleNT-OF-wAr wIDrh
=
II
DIVIDED
UNDIVIDED AAT
ARTERIAL
OR
COLLECTI
14
m �.
rRAFFIC TURN rRAFFIC
Q
rRAFFIC
L (AIS LANE L �A� S
W
LANES
I I I
C
I °�I
I (A) i
-F- Rlsmr-of-wAY W/DTN (CJ ----�
RlsNr-or-WAY w/DTH�
III
IV
UNDIVIDED ARTERIAL WITH
ESTATE
CONTINUOUS TURN LANE
RESIDENTIA
TYPICA— \
ROADWAY
PLAN
�a
�G
r�
MINJMVM SPACINe
OF MEDIAN OPENINS (✓J
-21-
of 6R
16'Z)
_
4. Large Lot Subdivisions: If the lots in the proposed subdivision
are large enough to suggest resubdivision in the future, or if a
part of the tract is not subdivided, consideration must be given
to possible future street openings and access to future lots which
could result from such resubdivision.
5. Through Traffic: Residential and Local streets shall be designed to
discourage high speed or through traffic.
6. Topography: The street system shall bear a logical relationship
to the natural topography of the grond, such that streets are
not aligned directly parallel or perpendicular to the natural
contours of the ground.
7. Pavement and Right -of -Way Width: All streets shall be paved with
reinforced concrete paving with integral curb and gutter, and shall
conform in width and section to the Thoroughfare Plan of the City.
Right-of-way width shall be measured between front lot lines, and
pavement width shall be measured from face of curb. Except as pro-
vided hereinafter, no street right -of way shall be less than fifty
(50) feet, and no street pavement shall be less than thirty-one
(31) feet.
8. Estate Subdivisions: For Estate Subdivision as herein defined, the
City Council may allow variance to these regulations to provide
for a lesser pavement and right-of-way width, and for the elimin-
ation of the requirement for curb and gutter.
9. Street Alignment: The maximum deflection in alignment permitted
without use of curve shall be five degrees (50).
10. Vertical Alignment: Profile grades of streets and alleys shall be
connected by vertical curves of a minimum length expressed as a
multiple of the algebraic difference between the rates of grade,
expressed in feet per hundred, as follows:
Multiple of
Design Speed
by City
Engineer
Algebraic Difference
30 40
50
60 70
Crest Vertical Curve
28 50
80
150 240
Sag Vertical Curve
35 50
70
100 140
11. Horizontal Alignment: The centerline curve of streets and alleys
shall have a minimum radius as follows:
Classification
Thoroughfare
Collector
Local (Commercial
Residential
Loop Streets and
or Industrial)
Alleys
-22-
Minimum
Centerline Radius
500 feet
300 feet
300 feet
150 feet
75 feet
Driveway cuts shall be located so as to provide a spacing between
curb radius return of at least ten (10) feet for single-family and
two-family uses and at least twenty (20) feet for all other uses.
No property shall have more than two (2) driveway cuts onto any
facing street. No driveway cut shall be located closer than twenty
(20) feet from an intersection, measured from the ends of the curb
radius returns.
17. Street Names: New streets shall be named so as to provide contin-
uity of name with existing streets and to prevent conflict with
identical or similar names in other parts of the City.
18. Private Streets: Private streets shall be prohibited.
11. Mobile Home Park: an area or development intended for the renting
or leasing, but not sale, of sites for the location and/or occupancy
of mobile homes. A mobile home park shall have filed with the City
a Certified Land Division approv?d by the Commission according to
the provisions of this Ordinance.
4.02 LOTS -
1. Use: All lots shown on the Plat shall be for single-family
residential purposes, unless otherwise provided by the Zoning
District of the area and so noted on the Plat.
2. Lot Size: The size or area of the lot shall be measured in
square feet, and shall conform to the Zoning requirements for
the area. The minimum lot size shall be seven thousand five
hundred (7,500) square feet.
3. Lot Width: The lot width shall be the direct distance across the
lot measured at the points the building line intersects the side
lot lines. The minimum lot width shall be sixty-five (65) feet.
4. Lot Depth: The lot depth shall be the average of the length of
the two side lot lines. The minimum lot depth shall be one hun-
dred ten (110) feet.
5. Corner Lots: Corner lots with a width of less than seventy-five
75 feet are to be at least five (5) feet wider than the average
of interior lots in the block. Corner lots with a width of less
than eighty-five (85) feet adjacent to a Thoroughfare are to be
at least fifteen (15) feet wider than the average of interior
lots in the block.
6. Lots on Thoroughfares: Where, in the judgement of the Commission,
access cannot be provided from a siding street or alley, lots
facing on Thoroughfares shall be at least ten (10) feet deeper
and ten (10) feet wider than the average of lots facing on the
adjacent local streets.
7. Lots on Drainage Easements: Minimum usable lot depths for lots
backing on natural drainage easements shall not be less than
eighty (80) feet measured between front lot line and easement.
-24-
12. Reverse Curves: Reverse curves on Thoroughfares and Collector
streets shall be separated by a minimum tangent of one hundred
(100) feet.
13. Cul -de -Sacs, Dead -End Streets:
a. The maximum length of a cul-de-sac or dead-end street with
a permanent turnaround shall be six hundred (600) feet, except
under unusual conditions with the approval of the City Council.
b. Turnarounds are to have a minimum right-of-way width of one
hundred (100) feet and a minimum pavement width of eighty (80)
feet for single-family and two-family uses, and a minimum
right-of-way width of one hundred twenty (120) feet and a min-
imum pavement width of one hundred (100) feet for all other uses.
c. Temporary paved turnarounds are to be provided at ends of streets
more than four hundred (400) feet long that will be extended in
the future. The following note should be placed on the Plat:
"Cross -hatched area is temporary easement for turnaround until
street is extended (give direction) in a recorded plat."
d. No other dead-end streets shall be allowed, except as herein
provided.
14. Street Intersections:
a. Except where existing conditions will not permit, all streets
shall intersect at a ninety degree (90°) angle. Variations of
more than ten degrees (10°) on Residential or Local streets
and more than five degrees (5°) on Collectors and Thoroughfares
must have the approval of the City Council.
b. Acute angle intersections approved by the City Council are to
have twenty-five (25) foot or greater radii at acute corners.
c. Each new street intersecting with or extending to meet an
existing street shall be tied to the existing street on center-
line with dimensions and bearings to show relationship.
15. Partial or Half -Streets: Partial or half -streets may be provided
where the Commission feels that a street should be located along
a property line. Wherever a half -street has already been provided
adjacent to an area to be subdivided, the other remaining portion
of the street shall be platted with such subdivision. Where part
of a street is being dedicated along a common property line, the
first dedication shall be one-half (1/2) of the proposed street
right-of-way plus one (1) foot.
16. Driveway Cuts: Driveway cuts or entrances to single-family or
two-family uses shall not be allowed along Thoroughfares, unless
a siding street, or an alley with natural screening device, is
provided outside the pavement of the Thoroughfare.
-23-
8. Lot Shape: Lots should be rectangular insofar as practicable.
Sharp angles between lot lines should be avoided. The ratio of
depth to width should not ordinarily exceed two and one-half
(2-1/2) to one (1).
9. Lot Facing:
a. Each lot shall be provided with adequate access to an existing
or proposed street by frontage on such street.
b. Double frontage lots are prohibited except where backing on
Thoroughfares.
c. Wherever feasible, each lot should face the front of a similar
lot across the street. In general, an arrangement placing facing
lots at right angles to each other should be avoided.
10. Lot Lines: Side lot lines should be perpendicular or radial to
street frontage and the following note may be used in lieu of
bearings: " All side lot lines are perpendicular or radial to
street frontage unless otherwise noted."
11. Lot Numbering: All lots are to be numbered consecutively within
each block. Lot numbering may be cumulative throughout the sub-
division if the numbering continues from block to block in a
uniform manner that has been approved on an overall Preliminary
Plat.
4.03 BLOCKS -
1. Block Length: The maximum block length for residential use shall
be twelve hundred (1,200) feet, measured along the center of the
block. Six hundred (600) feet is a desirable minimum. Maximum
block length along a Thoroughfare shall be sixteen hundred (1,600)
feet, except under special conditions approved by the Commission.
2. Block Width: Blocks shall be wide enough to allow two (2) tiers
of lots of at least minimum depth, except when prevented by the
size of the property or the need to back up to a Thoroughfare.
3. Block Numbering: Blocks are to be numbered or lettered consecu-
tively within the overall plat and/or sections of an overall plat
as recorded.
4.04. BUILDING LINES - The Building Line is a line beyond which buildings
must be set back from a street right-of-way line or property line.
Front Street: The front building line shall conform to the Zoning
requirements for that district. The front building line shall not
be less than twenty-five (25) feet from the front property line,
except that where the lots face on a Thoroughfare, the front build-
ing line shall not be less than thirty-five (35) feet from the
front property line.
-25-
2. Side Street: The side building line shall conform to the Zoning
requirements for that district. The side building line shall not
be less than six (6) feet. The building line on the side of cor-
ner lots shall not be less than fifteen (15) feet from the side
property line, except that where the lot sides on a Thoroughfare,
the side building line shall not be less than twenty-five (25)
feet from the side street property line. Where the side of a cor-
ner lot is across the street from or adjacent to the front of
other lots, the side building line of the corner lot shall be the
same distance from the street as the front building line of the
opposite or adjacent lots.
3. Rear Lot Lines: The rear building line shall conform to the Zoning
requirements for that district. The rear building line shall not
be less than ten (10) feet, except that the rear building line
where lots back on a Thoroughfare shall not be less than twenty
(20) feet.
4.05 ALLEYS -
1. Commercial and Industrial Areas: Alleys shall be provided in comm-
ercial and industrial districtswhere other definite and assured
provisions are not made for service access, such as off-street
loading, unloading, parking and fire -fighting access consistent
with and adequate for the uses proposed.
2. Residential Areas: Alleys shall be provided in all residential areas.
3. Alley Width: All alleys shall be paved. In commercial areas, the
minimum width of the alley right -of -way shall be twenty (20) feet
and the minimum pavement width shall be sixteen (16) feet. In
residential areas, the minimum alley right-of-way width shall be
sixteen (16) feet and the minimum pavement width shall be twelve
(12) feet.
4. Turnouts: Alley turnouts shall be paved to the property line and
shall be at least twelve (12) feet wide at that point. Paving
radius where alleys intersect Thoroughfares shall be twenty (20)
feet, and shall be ten (10) feet at intersections with all other
streets.
5. Intersections: Alley intersections and sudden changes in alignment
shall be avoided, but where necessary, lot corners shall be cut off
at least fifteen (15) feet on each tangent to permit safe vehic-
ular movement.
6. Fences: Where driveways connect to alleys, fences shall only be
constructed along the rear lot line and driveway such that the
fence corner is angled, providing a cut off of at least five (5)
feet from both the alley and driveway.
7. Dead -End Alleys: Dead-end alleys shall be avoided whereever poss-
ible, but if unavoidable, shall be provided with adequate outlet
or -turnaround, as determined by the Commission.
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4.06 EASEMENTS -
1. Use: Where necessary to provide access for the purposes of maint-
enance, construction, or other service, easements shall be provided
for poles, wires, conduits, storm sewers, sanitary sewers, water
lines, open drainage, flood plains, gas lines, or other utilities.
Such easements may be required across parts of lots, including
rear and side lot lines, where alleys are not provided.
2. Size: Where possible, easements shall be provided fully located
upon on lot. Where such is not feasible, easements shall be not
less than seven and one-half (7.5) feet on each side of the lot
line. Where overhead utility service on poles is allowed, an
additional easement of five (5) feet on each side beginning at
a plane twenty (20) feet above the ground shall be provided. The
full width of easements shall not be less than fifteen (15) feet
at ground level nor less than twenty-five (25) feet above ground.
3. Fire Lanes: Where adequate access for fire fighting purposes may
not otherwise be provided, easements for fire lanes shall be
required. Fire lane easements shall be paved, shall be a minimum
of twenty (20) feet in width, shall be maintained by the property
owner, shall be marked as such on the ground, and shall be kept
free and clear at all times.
4.07 RESERVATIONS -
1. Permitted Uses: No land contained in the proposed subdivision
shall be reserved for any use other than a use permitted by the
Zoning Ordinance for the district in which the land to be reserved
is located.
2. Designation on Plat: The specific use for which each parcel of
land is to be reserved must be shown by appropriate label or des-
cription on the Plat. Provision for abandonment of a reservation
in the future as may be appropriate must likewise be shown on
said Plat.
3. Parks and Open Space: The location and size of parks and open
space areas shall be in conformance with the Comprehensive Plan.
All areas retained as flood plain after approved development
shall be reserved as open space for public use, unless other
provisions are approved by the City Council.
4. Schools: The Location and size of school sites shall be in con-
formance with the Comprehensive Plan -and the recommendations of
the applicable school district.
5. Public Facilities: The location and size of sites for public
buildings, major utility facilities, and related community fac-
ilities shall be in conformance with the Comprehensive Plan and
the recommendations of the Plan Administrator.
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4.08 IMPROVEMENTS -
1. Monuments and Markers:
a. Concrete monuments, six (6) inches in diameter and twenty-four
(24) inches long, shall be placed on all boundary corners,
block corners, curve points, and angle points. A copper pin
one-quarter (1/4) inch in diameter embedded three (3) inches in
the monument shall be placed at the exact intersection point
on the monument. The monuments shall be set at such an elevation
that they will not be disturbed during construction, and the
top of the monument shall not be less than twelve (12) inches
below the finish ground level.
b. Lot markers shall be five-eighths (5/8) inch reinforcing bar,
eighteen (18) inches long, or approved equal, and shall be
placed at all lot corners flush with the ground, or below
ground if necessary in order to avoid being disturbed.
Where no bench mark is established or can be found within
three hundred (300) feet of the boundary of the subdivision,
such bench mark shall be established to sea level datum. The
bench mark shall be established upon a permanent structure,
or may be set as a monument, and shall be readily accessible
and identifiable on the ground.
Underground Utilities: All distribution and service lines of
electrical, telephone, television, and other wire -carrier
type utilities shall be underground, except that the system
of supply lines for multiple subdivision service by utilities
may be overhead. Transformers, amplifiers, or similar devices
associated with the underground lines shall be located upon
the ground or below ground level.
Where the underground of such facilities is not a standard
practice of the utility involved, the Subdivider or Developer
shall make all arrangements for payments associated with the
non-standard installation.
3. Sidewalks: Paved sidewalks shall be provided along and adjacent
to both sides of all Thoroughfares and Collectors; and along
Residential or Local Streets which are located immediately adja-
cent to a school site and for a distance of one (1) block along
such streets leading directly to a school site.
4. Street Lighting: Where electrical distribution and service wires
are required to be underground, street lighting wires shall also
be underground. Where ownership of street lighting facilities
such as poles and standards, luminaires, lamps, etc., will be
retained by the electrical power supplier, the type of street
lighting facilities to be installed must be acceptable to both
the City of Allen and the supplier of electrical power. Where
me
the street lighting facility to be
the electrical power supplier, the
make all arrangements for payments
dard installation.
installed is non-standard to
Subdivider or Developer shall
associated with the non-stan-
5. Irrigation: A fully automatic irrigation or sprinkler system of
a type and design approved by the City shall be provided within
all completed street medians or other landscaped areas. Connec-
tions under the street and between median cuts shall be provided
to all unfinished medians for future development of the irrigation
system.
4.09 DRAINAGE -
1. Storm Sewer: An enclosed underground storm sewer shall be provided
in all areas where the quantity of the accumulated storm run-off
does not exceed two hundred (200) c.f.s.
2. Storm Sewer or Channel: In drainage courses where the accumulated
storm run-off is more than two hundred (200) c.f.s. and less than
five hundred (500) c.f.s., either an enclosed storm sewer or a
concrete lined channel shall be constructed.
3. Channel: In drainage courses where the accumulated storm run-off
is more than five hundred (500) c.f.s., the drainage improvements
shall be either an enclosed storm sewer, a concrete lined channel,
or an earthen channel.
ARTICLE V - ENFORCEMENT
5.01 AUTHORITY OF THE CITY ENGINEER - The City Engineer is hereby authorized
and directed to promulgate rules, regulations, standards, and specifi-
cations for the construction, installation, design, location, and
arrangement of streets, curbs, street lights, street signs, alleys,
utility layouts, utility easements, sidewalks, water supply and dis-
tribution systems, fire hydrants, sewage disposal systems, drainage
facilities, and other public improvements. He shall file same with
the City Secretary at least thirty (30) days before they shall become
effective. He may amend the same from time to time, provided that an
amendment shall be filed with the City Secretary at least thirty (30)
days before it becomes effective. No such rules, regulations, stan-
dards, or specifications shall conflict with this or any other Ordin-
ances of the City of Allen.
All such improvements shall be designed, constructed, installed,
located, and arranged by the Subdivider in accordance with such rules,
regulations, standards, and specifications.
5.02 INSPECTION OF CONSTRUCTION - The City Engineer, or his duly author-
ized representatives, shall be required to fully inspect any and all
phases of the construction of improvements for subdivisions. The
Subdivider, or his contractor, shall maintain daily contact with the
City Engineer, or his representative, during construction of improve-
ments.
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No sanitary sewer, water, or storm sewer pipe shall be covered with-
out approval of the City Engineer, or his representative. No flexible
base material, subgrade material, or stabilization shall be applied
to the street subgrade without said approval. No concrete may be Pour-
ed nor asphatic surface applied to the base without said approval.
The City Engineer, or his representative, may at any time cause any
construction, installation, maintenance, or location of improvements
to cease when, in his judgement, the requirements of this Ordinance
or the standards and specifications as hereinbefore provided have
been violated, and.may require such reconstruction or other work
as may be necessary to correct any such violation.
5.03 MAINTENANCE BOND - The Subdivider shall furnish a good and sufficient
Maintenance Bond in the amount of fifteen percent (15%) of the contract
price of all public improvements, or in such amount as approved by
the City Engineer, with a reputable and solvent corporate surety in
favor of the City, to indemify the City against any repairs which
may become necessary to any part of the construction of public im-
provements in connection with the subdivision, arising from defective
workmanship or materials used therein, for a full period of one (1)
year from the date of final acceptance of the improvements. Final
acceptance will be witheld until said Maintenance Bond is furnished
to the City.
5.04 FILING FEES AND CHARGES - The following schedule of fees and charges
shall be paid to the City when any Prliminary Plat or Final Plat or
other filing is tendered to the Planning and Zoning Commission or
any other authorized board or agency of the City. Each of the fees
and charges provided herein shall be paid in advance, and no action
of the Commission or any other board or agency of the City shall be
valid until the fees and charges shall have been paid to the City.
Except as hereinbefore provided, these fees and charges shall be
charged on all plats and filings, regardless of the action taken by
the Commission or any other board or agency of the City, and whether
the plat or filing is approved or denied by the City Council.
1. Residential: For single-family and Multi -family uses:
a. Preliminary Plat - $50.00 per plat, plus $2.00 per unit
b. Final Plat - $100.00 per plat, plus $3.00 per unit
2. Mobile Homes: For developments for locating mobile homes:
a. Preliminary Filing - $50.00 per filing, plus $2.00 per space
b. Final Filing - $100.00 per filing, plus $3.00 per space
3. Other Uses: For commercial, industrial, institutional, and
other uses not normally platted in lots:
a. Preliminary Plat - $50.00 per plat, plus $6.00 per acre
b. Final Plat - $100.00 per plat, plus $10.00 per acre
4. Refiling: When a Preliminary Plat has been disapproved by the
Commission, and the Subdivider refiles a new design for all or
a lesser portion of the Preliminary Plat within thirty (30) days
of such disapproval, no new fee shall be charged for the refiling.
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5.05 PENALTY - Any person, firm or corporation who shall violate any of
the provisions of this Ordinance or who shall fail to comply with
any provisions hereof shall be guilty of a misdemeanor and, upon
conviction, shall be subject to a fine not to exceed two hundred
dollars ($200), and each day that such violation continues shall
constitute a separate offense and shall be punishable accordingly.
5.06 CONFLICT - Any previous Ordinances of the City of Allen now in
effect governing the subdivision of land are hereby repealed. When-
ever the requirements of this Ordinance conflict with those contained
in other Ordinances of the City, the most stringent or restrictive
provision shall govern. Whenever the requirements of this Ordinance
conflict with the provisions of an executed Facilities Agreement, the
provisions of the Facilities Agreement shall govern.
5.07 SEVERABILITY - If any section, paragraph, clause, or part of this
Ordinance is declared invalid or unenforceable for any reason, such
declaration shall not be held to invalidate or impair the validity,
force or effect of any other section, paragraph, clause, or part of
this Ordinance.
5.08 SAVINGS - If land has been previously platted in accordance with the
requirements of the City at the time of platting, and if all necess-
ary improvements have been provided, the City may determine that
individual building site development is not additional subdividing,
and may waive such development from the requirements of this Ordin-
ance, provided that such waiver does not permit development not in
conformance with the intent of this Ordinance.
5.09 EFFECTIVE DATE - The fact that the rules and regulations governing
the subdividing of land within the City of Allen and its ETJ are
inadequate to ensure orderly future development, creates an emergency
in the preservation of the public health, safety and welfare, and
requires that this Ordinance shall take effect immediately from and
after its passage.
DULY PASSED AND ADOPTED by the City Council of the City of Allen,
Texas, this the 16th day of August 19 79
APPROVED:
Mayor
ATTEST:
City Secretary
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APPROVED AS TO FORM:
City Attorney
CITY OF ALLEN
Subdivision
Ordinance
CITY OF ALLEN, TEXAS
SUBDIVISION REGULATIONS
ORDINANCE NO. 273
AN ORDINANCE PRESCRIBING RULES AND REGULATIONS GOVERNING PLATS, PLANS,
AND SUBDIVISION OF LAND WITHIN THE CITY OF ALLEN, TEXAS, AND ITS LEGALLY
DEFINED EXTRATERRITORIAL JURISDICTION; CONTAINING CERTAIN DEFINITIONS;
PROVIDING PROCEDURES FOR THE APPROVAL OF SUBDIVISION PLATS; PRESCRIBING
REGULATIONS FOR THE DESIGN AND CONSTRUCTION OF STREETS, SIDEWALKS, ALLEYS,
14ATER AND SANITARY SEWAGE UTILITIES, DRAINAGE, AND COMMUNITY FACILITIES;
PROVIDING A PENALTY OF NOT MORE THAN TWO HUNDRED DOLLARS ($200) FOR EACH
VIOLATION THEREOF; PROVIDING A VALIDITY CLAUSE; REPEALING ALL CONFLICTING
ORDINANCES; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE:
WHEREAS, under the provisions of the Constitution and laws of the State
of Texas, including particularly Chapters 231, Acts of the 40th Legisla-
ture, Regular Session, 1927, as heretofore and hereafter amended (compiled
as Articles 974a and 6626, VACS), and the provisions of Section 4 of the
Municipal Annexation Act, 1963, (complied as Article 970a, VACS), as here-
tofore and hereafter amended, hereafter every owner of any tract of land
situated within the City of Allen who may hereafter divide the same in
two (2) or more parts described by metes and bounds or otherwise for the
purpose of laying out any subdivision of such tract of land or any addition
to said City, or for laying out suburban lots or building lots, or any lots,
and streets, alleys or parks or other portions intended for public use, or
the use of purchasers or owners of lots fronting thereon or adjacent thereto,
are required to submit a plat of such subdivision or addition for approval
by the Planning & Zoning Commission and City Council of the City of Allen; and,
WHEREAS, the rules and regulations of the City established by this Ordinance
governing plats and subdivisions of the land in the corporate limits of the
City of Allen are hereby extended to and shall apply to all of the area
under the extraterritorial jurisdiction of said City, as provided for in
the Municipal Annexation Act, 1963, enacted by the State of Texas and which
appears as Article g70a, Vernon's Annotated Civil Statutes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS:
On and after the effective date of this Ordinance, any person, firm, corpor-
ation, or organization seeking the approval of any plat, plan or replat of
any subdivision of land within the City of Allen, Texas, and its legally
established extraterritorial jurisdiction shall be required to comply with
the requirements of this Ordinance before such approvalmay be granted,
to wit:
ARTICLE I - GENERAL PROVISIONS
1.01 SHORT TITLE - This Ordinance may be known as and referred to as
the "Subdivision Regulations" of the City of Allen, Texas.
1.02 PURPOSE - It is the purpose of this Ordinance to provide for the
safe, efficient, and orderly development of the City, and the
provision of adequate streets, utilities, services, and facilities,
all in accordance with the Comprehensive Urban Plan for the City.
1.03 AUTHORITY - These Subdivision Regulations are adopted under the
authority of Article 974a of Vernon's Annotated Revised Civil
Statutes of the State of Texas, which Article is hereby made a
part of these regulations.
1.04 JURISDICTION - These regulations shall govern any and every person,
firm, corporation, or organization owning any tract of land within
the corporate limits of the City of Allen who may hereafter divide
the same into two or more parts for the purpose of laying out any
subdivision of any tract of land or any addition to said City,
or for laying out suburban lots or building lots, or any lots, and
streets, alleys or parks or other portions intended for public use,
or the use of purchasers or owners of lots fronting thereon or
adjacent thereto.
By the authority of the Municipal Annexation Act, 1963, Article 970a,
Vernon's Annotated Civil Statutes of the State of Texas, which
Article is hereby made a part of these regulations, these regulations
shall be extended to and shall apply to all of the area outside of
the corporate limits of said City but within the extraterritorial
jurisdiction of said City. Such jurisdiction shall extend into and
encompass all those areas not within the jurisdiction of some other
municipality, as classified in Article 970a VARCS, and extending in all
directions from the corporate limits of the City of Allen and all of
its extensions.
1.05 APPROVAL REQUIRED - Unless and until any such plat, plan or replat
shall have been first approved in the manner provided herein by the
Planning & Zoning Commission and City Council of the City, it shall be
unlawful for any person, firm, corporation, or organization to con-
struct or cause to be constructed any streets, utilities, buildings,
or other improvements to any tract of land; and it shall be unlawful
for any official of said City to issue any permit for such improve-
ments, or to serve or connect said land, or any part thereof, or for
the use of the owners or purchasers of said land, or any part thereof,
with any public utilities such as water, sewers, lights, gas, etc.,
which may be owned, controlled, or distributed by such City.
1.06 IMPROVEMENTS REQUIRED - All of the improvements reouired under these
regulations, or improvements specified in the Comprehensive Plan of
the City of Allen, or improvements which, in the judgement of the
City Engineer, are necessary for the adequate provision of streets,
-2-
utilities, drainage, services, and facilities to the subdivision
and to surrounding areas of the City, shall be constructed at the
sole expense of the Developer, unless other provisions are approved
by the City Council. Payment for any and all improvements which are
not to be made at the time of the primary construction of the sub-
division or development shall be made a part of a binding contract,
signed by the Developer, and approved by the City Council.
Any rebates or other payments to the Developer by the City for the
cost of oversized improvements or off-site improvements required as
a part of the subdivision or development and necessary for the ade-
quate and efficient development of surrounding areas of the City,
shall be paid only from monies received by the City from the subdi-
viding or development of surrounding areas, and such rebates or pay-
ments shall not be made until such monies are received by the City,
unless other provisions are approved by the City Council.
1.07 VARIANCES AND APPEALS - These rules and regulations are the standard
requirements of the City of Allen, Texas. A suspension of any of
these rules and regulations may be granted by the City Council
upon a qood and sufficient showing by the owner that there
are special circumstances or conditions affecting the property in
question, that enforcement of the provisions of this Ordinance will
deprive the applicant of a substantial property right, and that such
suspension, if granted, will not be materially detrimental to the
public welfare or injurious to other property or property rights in
the vicinity. Each and every application for variance shall be decided
solely and entirely on its own merits; and the disposition of any
prior or pending application for variance shall not be allowed to
enter into or affect any decision on the application in question.
Pecunary interests standing alone shall not be justification for the
granting of a variance.
The owner of any tract of land aggrieved by the decision made under
these regulations by any administrator or official of the City shall
first apply to the Planning and Zoning Commission for a variance
based upon such administrative decision. Any aggieved party having
an interest in the matter may appeal the decision by the Planning
and Zoning Commission regarding the variance to the City Council,
whose decision, by 2/3 majority of the Council present, shall be final.
1.08 DEFINITIONS - Words and terms used in this Ordinance, unless other-
wise specified, shall have their normal meaning in commonly accepted
usage. The word "shall" shall be deemed as mandatory; the word "may"
shall be deemed as permissive. Certain words and terms shall have
the meaning for the purposes of this Ordinance as defined following:
1. City: the municipal corporation of the City of Allen, Texas.
a. City Council: the duly elected governing body of the City.
b. Commission: the Planning and Zoning Commission, as appointed
-3-
by the City Council to administer these regulations.
c. City Official or Administrator: any person, elective or
appointive, or any employee, or any board or commission
authorized or constituted by City Ordinance or State law
to act in behalf of the Municipality.
d. Plan Administrator: the City Official designated to
administer the provisions of these regulations.
e. City Engineer: the Engineer employed by the City, or the
Engineers retained as consultants to the City, or their
duly authorized representative.
2. Comprehensive Plan: the general plan for the growth and devel-
opment of the City and its environs; and including any elements
of such plan, such as a Land Use Plan, Thoroughfare Plan,
Utilities Plan, Schools and Parks Plan, and others.
3. Land Planner: any person skilled in the art and science of arrang-
ing and designing the layout of land so as to create adequate and
desirable building sites, a coordinated street system, and space
appropriate to the efficient removal of storm water and the pro-
vision of public services and utilities all consistent with the
long-range goals and the objectives of the Comprehensive Plan.
A Land Planner may be trained in any of several specialities; and
where appropriate to his experience the term includes architect,
engineer, landscape architect, and surveyor.
4. Street: a public or private way set aside as a permanent right -
of way for the movement of vehicular traffic or to provide access
to abutting property, by whatever term desinated.
5. Subdivider or Developer: an individual, firm, association, syndicate,
co -partnership, corporation, or other organization dividing or pro-
posing to divide land, or making improvements to such land, so as
to effect a subdivision of land hereunder for himself, or for it-
self, or for another.
6. Subdivision: the division of any lot, tract, or parcel of land into
two or more lots or sites for the purpose of sale or of building
development, whether immediate or future. The term includes resub-
division or replatting of an existing subdivision, but does not
include the division of land for agricultural purposes in parcels
or tracts of five acres or more and not involving any new street,
alley or easement of access. When appropriate to context, the term
subdivision shall relate to the process of subdividing or to the
land subdivided.
a. General Development Plan: a map, drawing or chart drawn to scale
on which is shown the subdivider's proposed arrangement of streets,
lots, easements, other public spaces, and general land uses on
all contiguous properties owned or held under single ownership
from which a proposed subdivision is intended to be made. The
General Development Plan may be the same as a Preliminary Plat,
if such Plan complies with the requirements of a Preliminary Plat.
b. Preliminary Plat: a map, drawing or chart drawn to scale on which
is shown the subdivider's proposed arrangement of streets, lots,
easements, and other public spaces in the subdivision which he
intends to submit in form for recording.
c. Final Plat: a map, drawing or chart prepared according to the
provisions of this Ordinance, and containing all engineering and
legal data, dedications, and certificates necessary to the record-
ing of same in the maps and plats records of the County.
d. Certified Land Division: a map, drawing or chart delineating
parcels of land offered for rent or lease and which (1) is not
required by statute or State regulation to be filed in the maps
and plat records of the County, and (2) does not involve or
require the dedication of public streets or alleys, or easements,
or other public property, and (3) has been certified by the City
Council as having met the conditions of this Ordinance.
A Certified Land Division shall be treated as a Subdivision Plat
under these regulations, except that it properly certified for
filing with the City Secretary rather than the County Clerk.
In addition, a Final Plat of the property indicating legal
boundaries and any public dedications and easements shall be
prepared and filed with the County Clerk.
7. Extraterritorial Jurisdiction (ETJ): all land situated as classified
by Article 970a VARCS in all directions from the corporate boundary of
City and its extensions, and which is not in conflict with the ETJ
of another municipality.
8. Easement: an area intended for restricted use on private property
upon which any public utility shall have the right to remove and
keep removed all or part of any buildings, fences, trees, shrubs,
or other improvements or growths which in any way endanger or
interfere with the constuction, maintenance, or operation of any
of its respective utility or drainage systems within any of these
easements. Any public utility shall at all times have the right
of unobstructed ingress and egress to and from and upon the said
easements for the pupose of constructing, reconstructing, inspect-
ing, patrolling, maintaining, and adding to or removing all or
part of its respective systems without the necessity at any time
of procuring the permission of anyone.
9. Zoning Ordinance: the duly adopted Ordinance of the City of Allen
establishing certain districts within the City and regulating the
use of land, size of lots, size and height of buildings, and other
elements of development within those districts.
10. Estate Subdivision: A subdivision of lots at least one (1) acre in
size intended for single-family use which may be determined by the
City to be adequately developed and served by septic tanks, wells,
and/or other facilities normally associated with rural development.
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ARTICLE II - SPECIAL PROVISIONS
2.01 FACILITIES AGREEMENT - The Subdivider may be required to enter into
an agreement with the City which shall govern his Subdivision. This
agreement shall be based upon the requirements of this Ordinance;
and shall provide the City with specific authority to complete the
improvements required in the agreement in the event of failure by the
Developer, and to recover the full legal costs of such measures.
This Facilities Agreement shall be a legally binding agreement between
the City and the Developer specifying the individual and joint res-
ponsibilities of both the City and the Developer. Unusual circumstances
relating to the Subdivision shall be considered in the Facilities
Agreement such that the purpose of this Ordinance is best served for
each particular Subdivision. Such Facilities Agreement may stipulate
pro rata payments, City participation in unusual facilities, escrow
deposits or other payments for future facilities, park land dedica-
tions, variances granted to this Ordinance, and other particular
aspects of the development. The Developer shall include in such an
agreement a hold harmless and indemnity clause agreeing to hold the
City harmless against any claim arising out of the Developer's Sub-
division or any actions taken therein.
The Developer shall have a continuing responsibility under this
Facilities Agreement after the filing of the Final Plat and until
all facilities and improvements required under this Facilities
Agreement have been completed. When the construction of required
improvements have proceeded to the point that certain parts of the
Subdivision are adequately served, the City Manager may release
specific portions of the Subdivision for use prior to the completion
of all improvements. This shall not be done if the release of such
improvements will jeopardize or hinder the continued construction
of required improvements, and the Facilities Agreement shall remain
in force for all portions of the Subdivision for which a release has
not been executed.
2.02 DEVELOPMENT PERMIT - A Development Permit shall be required prior
to the clearing, grading, filling, dredging, construction of public
streets, utilities, or drainage, or other improvements which may
affect adjacent or surrounding properties. Such permit shall des-
cribe the property and the nature of the development, and shall be
accompanied by construction plans adequate to describe the improve-
ments. All plans accompanying permits for any work within a Flood
Plain shall be certified by a Registered Civil Engineer. The City
Engineer shall approve such Development Permit when all conditions
of this Ordinance have been satisfied, but not until a Final Plat
has been approved by the City Council.
2.03 PRO -RATA PAYMENTS - The Developer shall be fully responsible for
the construction of oversize or off-site access, utilities, drainage,
and other improvements necessary for his subdivision and the sur-
rounding area, unless other provisions are approved by the City
Council. Provisions for reimbursement of costs in excess of those
necessary to serve his subdivision, and any other provisions, shall
10
be made a part of the Facilities Agreement. For any subsequent sub-
division utilizing such facilities, any costs due prior Developers
shall be pro -rated as the use by the new subdivision bears to the
amount due. Such pro -rated amounts will be made a part of any sub-
sequent Facilities Agreement, collected by the City, and repaid to
the original Developer making such improvements.
All such reimbursements and pro -rations shall be based on the actual
cost of the improvements at the time of their construction. The orig-
inal Developer shall therefore provide the City with a certified copy
of all construction bids or other legal documentation of construction
costs from which calculation of reimbursable amounts will be made for
inclusion in the Facilities Agreement.
In the case that the Subdivision shall utilize streets, utilities,
drainage, or other facilities already constructed through the use
of funds of the City, the Developer shall pay to the City for the use
of such facilities an amount equal to that which would be required
to serve the Subdivision under the requirements of this Ordinance,
based upon policies developed and approved by the City Council.
Any such payments due the City from the Developer shall be determined
by the City Engineer. Payments shall be made to the City prior to
approval of the Final Plat, or a method of payment may be made a
part of the Facilities Agreement approved by the City Council.
2.04 CITY PARTICIPATION - The City may participate with the Developer on
major items of construction such as lift stations, bridges on streets
adjacent to the Subdivision, and others which benefit existing or
future development in addition to that being subdivided. The amount
of financial responsibility of each party and the terms for dis-
charging such responsibility may be provided for in a Facilities
Agreement.
The construction of certain facilities required by the provisions
of this Ordinance may not be possible or practical at the time the
Developer prepares his plans for public improvements. Such deletion
or delay of improvements may be specified in the Facilities Agree-
ment, together with provisions for escrow deposits or future payment
by the City and/or Developer.
2.05 FLOOD PLAINS - Prior to the clearing, grading, filling, dredging,
or other improvement with a designated Flood Plain, application
shall be made for a Development Permit as provided herein. Plans
accompanying such Development permit shall be certified by a
Registered Civil Engineer that such improvements will not increase
the elevation of the 100 -year flood plain on any adjacent or up-
stream property by more than one (1) foot. A determination of other
possible adverse environmental effects on adjacent properties will
also be made in approving or disapproving such Development Permit.
Upon, and as a condition for approval of the Development Permit,
all lands remaining within the 100 -year flood plain shall be ded-
icated as an easement for public use, unless designated as open
space under terms and conditions approved by the City Council.
-7-
2.06 PARK DEDICATION - It is hereby declared to be the express policy
of the City of Allen to provide sufficient park and recreation
facilities within the City to adequately provide for and primarily
benefit persons in the various residential subdivisions of the
City. This policy will be carried out under the provisions of
this section, utilizing the Parks & Recreation element of the
Comprehensive Urban Plan as a guide to the development of parks.
Prior to the approval of any Final Plat, the need for park and
recreational facilities required to serve the residents of the area shall
be determined by the Planning & Zoning Commission and approved by
the City Council. Prior to the approval of any Final Plat, the
Developer shall be required to dedicate lands or pay the fee in
lieu thereof to the City to fully and adequately provide park and
recreational sites for the Subdivision which is proposed.
Upon presentation of the Preliminary Plat, sites for park and
recreational facilities shall be determined as to location, size,
and type of facility by the Commission. A calculation shall also
be made of the Pro Rata Park Charge for the entire Subdivision
in accordance with the schedule set out following:
Tvoe of Development
Single-family residential . . . . . . . . . .
Duplex, townhouse, or multi -family
(up to 10 units per acre)
Multi -family (over 10 units per acre)
Pro Rata Park Charqe
Single-family residential (when separate facili-
ties have been provided and developed for home
owners association maintenance, and the land
or amenities are equivalent in value to at least
25% of normal neighborhood park requirements) .
. $100.00 per unit
$75.00 per unit
$50.00 per unit
. $75.00 per unit
The total calculated Pro Rata Park Charge for the entire development
shall be compared with the fair market value of the prospective park
land in determining whether land shall be dedicted, or a sum of
money paid in lieu of dedication, or both. The term "fair market
value" as used herein shall mean that price which the land would bring
if sold in the usual and ordinary course of business. Each Developer
shall be given opportunity to present to the City Council any evidence
tending to establish fair market value of the land. The City Council
shall decide the fair market value of the land, and such determination
shall be final.
The value of the prospective park land proposed to be dedicated shall
be determined by using the actual fair market value of the raw land
plus one-half (1/2) the cost of an abutting local street only, plus
one-half (1/2) the cost of water and sewer utilities within the abut-
ting local street, as may be necessary to provide service to the site.
10
The determination of whether land is dedicated or a fee in lieu
thereof is paid shall be determined by one of the following methods:
1. On a Subdivision of less than one hundred (100) acres, the
Developer shall be required only to pay a sum of money equal
to the Pro Rata Park Charge as a fee in lieu of dedication
to the City park development fund.
2. On a Subdivision of from one hundred (100) acres but less
than three hundred twenty (320) acres, the dedication of
land, a cash payment in lieu of dedication, or a combination
of both shall be required. For a Subdivision of this size
range, the dedication of land or cash payment shall be
determined by the following criteria:
a. If the fair market value of the proposed land to be dedicated
exceeds the Pro Rata Park Charge by one thousand dollars
($1,000.00) or more, the Developer shall not be required to
dedicate land but shall pay a sum of money equal to the
Pro Rata Park Charge as a fee in lieu of dedication.
b. If the fair market value of the proposed land to be dedicated
is equal to or within one thousand dollars ($1,000.00)(over
or under) of the Pro Rata Park Charge, the Developer shall
be required to dedicate the land so proposed by the City.
c. If the fair market value of the proposed land to be dedicated
is less than the Pro Rata Park Charge by one thousand dollars
or more, the Developer shall dedicate the land so proposed
by the City and, in addition, pay a sum of money equal to
the Pro Rata Park Charge less the fair market value of the
land so dedicated.
3. On subdivisions of from three hundred twenty (320) acres and
above, there shall be required dedication of land of a fair
market value equivalent to the Pro Rata Park Charge
All pro rata park charges made under these provisions shall be dep-
osited in the park fund of the City and said funds shall be used
only for the purposes of providing park and/or recreational facili-
ties to the citizens of Allen, but primarily and on a pro rata basis
to benefit persons in the Subdivision for which such funds were
deposited.
The pro rata park charge shall be based upon the actual number of
platted lots or living units to be constructed within a development
plan. Each living unit within a structure shall be considered as
a separate living unit, whether platted, subdivided, or contained
as a common area in a common structure, and each living unit shall
be subject to the unit pro rata park charge.
When a Subdivision is to be developed in stages, a Facilities Agree-
ment may set out provisions for the future dedication of land and/or
payment of fees in lieu of dedication.
MM
ARTICLE III - PROCEDURE
3.01 PRE -DESIGN CONFERENCE - Prior to the filing of a Preliminary Plat,
the Subdivider shall consult with the Plan Administrator and the City
Engineer or their duly authorized representative concerning the ul-
timate land use of the proposed development, the most advantageous
subdivision plan, the suitibility of the location of the proposed
subdivision, the arrangement of streets, alleys, and lots, the lay-
out of utility lines and availibility of service from trunk mains,
and other regulations and policies of the City regarding development.
Conditional approval as to the general land use of the proposed
subdivision must be obtained from the Plan Administrator prior to
preparation of the Preliminary Plat.
3.02 NOTICE OF INTENT - The Subdivider shall submit to the Commission a
letter showing his name and address and that of his Land Planner and
stating his intent to subdivide a particular property, briefly des-
cribing the location, amount of land, and particulars as to the in-
tended use of the property, and requesting that the review of a
Preliminary Plat for the property be placed on the agenda of a sched-
uled Commission meeting. Such Notice of Intent shall be received no
later than fifteen (15) days prior to the date of a scheduled Comm-
ission meeting to be placed on the agenda for that meeting.
3.03 PRELIMINARY PLAT - The Commission shall be furnished with ten (10)
legible prints of the Preliminary Plat together with ten (10) copies
of necessary supporting documents describing the type of develop-
ment, provision of services, development procedure and timing, and
engineering studies. Such materials shall be received no later than
fifteen (15) days before the Commission meeting scheduled for review of
the Preliminary Plat. No plat will be considered by the Commission
until and unless the prescribed filing fees have been paid.
The Developer shall obtain a checklist to be furnished by the City.
Such checklist shall be attached to the Preliminary and Final Plats,
and shall be authenticted by proper officials of the City and the
Developer certifying that the plat has been fully and properly
processed in accordance with these provisions.
The Preliminary Plat shall be delivered to the Plan Administrator
who shall cause the same to be checked and verified, prepare a
report to the Commission setting forth his findings, and file such
report, together with the Plat, with the Commission at the meeting
scheduled for review. The Subdivider should be present at the meet-
ing; however, the Subdivider, by written notice filed with the Plan
Administrator, may designate his Land Planner, Engineer, Surveyor,
or like agent for the processing of his subdivision.
1. General Development Plan: When a Subdivision is a portion of a
tract larger than forty (40) acres in size to be subdivided later
in its entirety, a General Development Plan of the entire tract
shall be submitted with the Preliminary Plat of the portion to
be first subdivided. The General Development Plan shall show the
-10-
schematic layout of the entire tract and its relationship to ad-
jacent property within the neighborhood unit. When appropriate,
more than one tract or subdivision may be included within the
General Development Plan.
The General Development Plan shall delineate the proposed char-
acteristics of the area in terms of major categories of land use,
dwelling units and population densities, general layout of lots
and streets,_drainageways, utility trunk lines, location of sites
for parks, schools and other public uses, present and proposed
zoning, and such other information as the Commission finds to be
necessary for making a decision on the approval of the Preliminary
Plat.
A General Development Plan shall be considered to be a detailing
of the Comprehensive Plan and shall become effective upon adoption
by the Commission; providing, however, that no General Development
Plan shall be approved other than in sustantial conformity with
the Comprehensive Plan. Every General Development Plan adopted by
the Commission shall be so certified by the Chairman of the Comm-
ission and a copy thereof shall be placed on file with the City
Secretary as part of the public record. A General Development Plan
is to continue in force until amended or rescinded by the Commission
and shall be the official guide tothe owners of all property with-
in its area of coverage. Where multi -ownerships preclude the pre-
paration of a General Development Plan by a single owner, the Comm-
ission is authorized to prepare or to cause such Plan to be prepared.
No Preliminary Plat within an area for which a General Development
Plan has been adopted shall be approved except in substantial con-
formity with such adopted Plan.
Where it is proposed to develop a unified residential, commercial,
industrial and/or institutional project under a Planned Development
zoning, the Commission may recommend to the City Council the var-
iance of specific requirements of this Ordinance if there is a
detailed site development plan having provisions for light and air,
vehicular and pedestrian circulation, schools and recreation, and
other facilities equal to or better than the detailed requirements
of this Ordinance. Approval of a Planned Development plan by the
Commission shall be controlling on the location of all buildings
and facilities shown theron.
Commission approval shall include approval of the sequence of dev-
elopment and construction of phases of the project. It may include
such stipulations or conditions as the Commission deems necessary
in order to accomplish the purposes of this Ordinance and to protect
the health, safety and welfare of the community.
2. Scale and Drawing Size: The Preliminary Plat shall be drawn to a
scale of 100 feet to the inch. The drawing size is not specified;
however, where a property submitted on a Preliminary Plat will be
the same as that for the Final Plat, the sheet size should be the
same as the Final Plat.
3. Existing Features Inside Subdivision:
a. Topography to be shown with contour interval of five (5) feet
or less.
b. The locations, widths, and names of all existing or platted
streets, alleys, easements, existing permanent buildings,
railroad rights-of-way, and other important features such
as creeks, abstract lines, political subdivisions or City
limits, and school district boundaries.
c. Existing sewers, water mains, culverts, or other underground
structures with pipe sizes, grades, and locations indicated.
4. Existing Features Outside Subdivision: Similar features shall be
identified for a distance of two hundred (200) feet outside the
proposed subdivision. Property lines and the names of adjacent
subdivisions and/or the names of record of adjoining parcels of
unsubdivided land shall be indicated. Features outside the sub-
division should be shown in lighter or dashed lines as appropriate
to distinguish from features within the subdivision.
5. New Features Inside Subdivision:
a. The boundary line, accurate in scale, of the tract to be
subdivided, with accurate distances and bearings indicated.
b. The layout, designations, names, and widths of any and all
proposed streets, alleys, and easements.
c. The layout, numbers, set -back lines, and approximate dimensions
of proposed lots and blocks.
d. All parcels of land intended to be dedicated or reserved for
public use, or reserved in the deeds for the use of all prop-
erty owners in the proposed subdivision, or reservations for
other uses, together with the purpose or conditions and limit-
ations of such reservations, if any.
e. A plan of the proposed water and sanitary sewer lines and
related facilities, and proposed drainage facilities including
drainage areas, calculated runoff, points of concentration,
and the location of proposed lines, inlets, culverts, and
bridges. Such utility and drainage plans may be submitted on
separate sheets at the same scale as the Preliminary Plat.
6. Location Map: A location map of the proposed subdivision at a
scale of 1 inch to 2,000 feet showing existing and proposed major
features covering an area of at least one mile in all directions
from the proposed subdivision.
-12-
7. Title Information:
a. The proposed name of the subdivision, with section or sequencing
designation, as appropriate.
b. North point, scale, date, and acreage of the proposed subdivision.
c. The names and addresses of the owner, Developer, and Land Planner,
Engineer, and/or Surveyor, as appropriate.
d. The tract designation, abstract, and other description according
to the real estate records of the City or County.
e. Total number of lots, and designation and amounts of land of
the proposed uses within the subdivision.
8. Approval Block: The following notice shall be placed on the face of
each Preliminary Plat and utility plan by the Subdivider:
"PRELIMINARY PLAT FOR REVIEW PURPOSES ONLY"
The following certificate shall be placed on the Preliminary Plat
by the Subdivider:
"Approved for Preparation of Final Plat"
Chairman Date
Planning and Zoning Commission
City of Allen, Texas
9. Approval and Expiration: When a Preliminary Plat is found to conform
to these regulations, or may be made to conform by making certain
changes directed by the Commission, a copy of the Preliminary Plat
with such changes if any made thereon, and the approval thereof by
the Commission, conditioned as necessary on said changes, shall be
transmitted to the Subdivider. Approval of the Preliminary Plat as
such shall in no way constitute final acceptance or approval of the
subdivision.
When a Preliminary Plat has been approved by the Commission, the
Final Plat for all or a part of the area shall be submitted within
six (6) monthsthereafter; otherwise the approval shall terminate
and shall be void, unless prior to the expiration of said approval
the time for filing of the Final Plat is extended at the written
request of the Subdivider.
When the Commission finds that the Preliminary Plat does not
conform to these regulations, and that changes to make it conform
are not acceptable to the Subdivider, the Commission shall return
a copy of the Preliminary Plat with a report of such findings to
-13-
the Subdivider. The Subdivider at any time thereafter may submit
a new design for Commission approval following the same procedure
as required for the original application. If the new design for
the same area or a lesser part thereof is filed within thirty (30)
days following Commission disapproval, no new filing fee will be
required. No resubmittal, and no new fee, shall be required when
Commission disapproval is for the purpose of further study or hear-
ing by the City on related matters such as zoning, flood control,
utility service, or coordination with other governmental juris-
diction.
10. Combination Preliminary and Final Plat: The Subdivider may, at his
option, elect to combine his Preliminary Plat and Final Plat when-
ever the tract of land: a) is to be resubdivided to affect no more
than three (3) lots, and b) no change of street locations would be
required, and c) the proposed development will be of the same type
use and of comparable intensity as adjacent existing or planned
development.
3.04 FINAL PLAT - When a Preliminary Plat has been approved by the Commission,
or changes designated by the Commission have been made by the Subdivider,
the Subdivider may prepare his Final Plat for all or a portion of the
area in form for approval by the Commission. The Final Plat shall be
submitted to the Plan Administrator who shall cause the same to be
checked and verified as to its conformance with the Preliminary Plat
as approved by the Commission. If the Final Plat is incomplete or
does not conform, or if necessary fiscal agreements have not been sub-
mitted for City approval, the Final Plat shall be deemed not to have
been submitted until any and all deficiencies are corrected.
Six (6) direct prints and two film positives of the Final Plat shall
be executed and delivered to the Plan Administrator at least fifteen
(15) days prior to the scheduled meeting of the Commission at which
action is requested. No Final Plat may be considered by the City
until the prescribed filing fees have been paid.
When the Plan Administrator has confirmed that all requirements
have been complied with, he shall submit a written confirmation to
the Subdivider, which shall specify the meeting of the Commission
scheduled for review of the Final Plat. Said written confirmation
shall be deemed the date of submission of the Final Plat by the Sub-
divider. The Plan Administrator shall prepare a report on the Final
Plat and shall file the Final Plat, with his report, for review at
the next scheduled meeting of the Commission.
The Commission in its review shall prepare a written recommendation
for action by the City Council, to either Approve or to Disapprove
the Final Plat, and stating its reasons for such recommendation.
Said report and recommendation shall be submitted by the Commission
at the next regularly scheduled meeting of the City Council. The
City Council may consider approval of a Final Plat if any and all
reasons for disapproval by the Commission have been corrected by the
Subdivider in the interim.
-14-
The Final Plat may constitute all or only a portion of the approved
Preliminary Plat, but any portion thereof shall conform to all of the
requirements of these regulations. If Final Plats are submitted for
approval by portions or sections of the proposed subdivision, each
portion or section shall carry the name of the entire subdivision but
shall bear a distinguishing letter, number, or subtitle. Block letters
shall run consecutively throughout the entire subdivision, even though
such subdivisions might be finally approved in sections.
1. Scale and Drawing Size: The Final Plat shall be drawn on sheets
measuring 22 or 24 inches by 35 inches, and shall be at a scale of
100 feet to the inch. In the event that more than one sheet is
required, an index sheet at a reduced scale shall be provided.
2. Features to be Shown: All necessary data to locate and reproduce
the Final Plat on the ground must be shown on the Final Plat.
a. The boundary lines with accurate distances and bearings, a
metesand bounds description of the boundary with an error of
closure not to exceed one in five thousand, exact acreage,
and the exact location and width of all existing or platted
streets intersecting the boundary of the tract. One copy of
the traverse closure sheet shall accompany the Final Plat.
b. True bearings and distances to the nearest established street
lines, official monuments, or subdivision corner, which shall
be found and accurately described and described on the Final
Plat. Abstract lines and municipal and school district boundaries.
c. An accurate location of the subdivision in reference to the
deed records of the County which shall include the volume and
page of the deed of the property to be subdivided.
d. The layout, width, and names of all streets and/or alleys,
with the bearings and distances between points of curvature.
e. The length of all arcs, radii, internal angles, points of
curvature, length and bearing of the tangents. Such data to
be provided on a table keyed to the curves on the Final Plat.
f. The location, width, and description of all easements for
right-of-way provided for public services, utilities, or fire
lanes, and any limitations on use of the easements.
g. All lot lines with accurate dimensions in feet and hundredths
and with bearings and angles to street and alley lines to the
nearest second. The acreage of each lot to the nearest hundredth
of an acre. A designation on the Final Plat of the total number
of lots included.
h. For all lots located wholly or partially within, or immediately
adjacent to a designated Flood Plain area, a designation of
the minimum finish floor elevation allowed, which shall be at
least one (1) foot above the 100 -year flood elevation at that
point.
i. A continuous and sequential of lettering and/or numbering of
blocks and lots within the subdivision.
j. Required building set -back lines.
k. An accurate outline description, and area to the nearest
hundredth of an acre, of all parcels of land which is offered
for dedication or reserved for public use, or reserved in the
deeds for the use of all property owners in the proposed sub-
division, or reservations for other uses, together with the
purpose and conditions or limitations of such reservations
and/or dedications, if any.
1. The accurate location, material, and approximate size of all
monuments and bench marks.
3. Location Map: A location map of the proposed subdivision at a
scale of 1 inch to 2,000 feet showing existing and proposed major
features covering an area of at least one mile in all directions
from the proposed subdivision.
4. Title Information:
a. The proposed name of the subdivision, with section or sequencing
designation, as appropriate.
b. North point, scale, and date.
c. The names and addresses of the owner, Developer, and Land
Planner, Engineer, and/or Surveyor responsible for actual
design of the subdivision.
5. Certificates Required:
a. Certification by a registered professional Civil Engineer
or licensed Land Surveyor, registered in the State of Texas,
to the effect that the Plat represents a survey made by him
or under his direct supervision and that all the monuments shown
thereon actually exist, and that their location, size, and
material are correctly shown.
b. A certificate of ownership and dedication, of a form approved
by the Plan Administrator, of all streets, alleys, parks,
open spaces, and public ways to public use forever, signed and
acknowledged before a Notary Public by the owner and any and
all lienholders of the land, and a complete and accurate des-
cription of the land subdivided and dedications made.
c. A certificate, signed by the City Tax Assessor, stating that
all taxes and assessments then due and payable on the land
contained within the subdivision have been paid.
-16-
d. The following certificates shall be placed on the Final Plat,
in a manner that will allow the filling in of the certificate
by the proper party:
"Recommended for Approval"
Chairman
Planning and Zoning Commission
Da to
"Approved and Accepted"
Mayor
City of Allen, Texas
Date
"The undersigned, the City Secretary of the City of Allen, Texas,
hereby certifies that the foregoing Final Plat of the
City of Allen was submitted to Subdivision
the City or Addition
to the
day of l on the
19 and the Council then and there
accepted the dedication of streets, alleys, parks, easements,
and public ways, as shown and set forth in and upon said Plat,
and said Council further authorized the Mayor to note the
acceptance thereof by signing his name as hereinabove subscribed.
City Secretary
City of Allen, Texas"
6. Construction Plans: Construction plan and profile sheets for all
public improvements shall be submitted with the Final Plat. The
approval of the Final Plat shall be contingent upon approval of
construction plans by the City Engineer. Construction plans and
profiles shall be drawn on sheets measuring 22 or 24 by 36 inches,
and shall be the same size as the Final Plat. Each sheet shall
include north point, scales, date, and bench mark description to
sea level datum. Each sheet shall show the seal and signature of
the registered professional Civil Engineer who prepared the plans,
and shall include the following:
a. A plan and profile of each street with top of curb grades
shown. Scales shall be 1 inch equal 40 feet horizontally, and
1 inch equal 5 or 6 feet vertically.
b. The cross-section of proposed streets, alleys, and sidewalks
showing the width and type of pavement, base and subgrade,
and location within the right-of-way.
c. A plan and profile of proposed sanitary sewers, with grades
and pipe sizes indicated and showing locations of manholes,
cleanouts, and other appurtenances. Section of embedment.
d. A plan of the proposed water distribution system showing pipe
sizes and location of valves, fire hydrants, fittings, and
other appurtenances, with a section showing embedment.
-17-
e. A plan to scale of all areas contributing storm water runoff
or drainage within and surrounding the proposed subdivision.
Such plan shall indicate size of areas, storm frequency and
duration data,amounts of runoff, points of concentration, and
other data necessary to adequately design drainage facilities
for the area.
f. A plan and profile of proposed storm sewers, showing hydraulic
data, pipe grades and sizes, manholes, inlets, pipe connections,
culverts, outlet structures, bridges, and other structures.
7. Approval and Recording: The Commission and the City Council shall
act upon the Final Plat within thirty (30) days after written
acceptance by the Plan Administrator as hereinbefore provided.
Failure of the Council to act within this time shall constitute
approval of the Final Plat, and the Mayor shall be directed to
affix his signature of approval to such Final Plat and the City
Secretary be directed to certify to its acceptance.
There shall be no conditional approval of a Final Plat by either
the Commission or the City Council. Refusal, denial, or disapproval
of any portion of a Final Plat by the City Council shall constitute
disapproval of the entire Final Plat. The Final Plat shall be
disapproved unless and until necessary fiscal agreements have been
approved by the City Council.
Within seven (7) days of its approval by the City Council, the
Final Plat shall be recorded in the maps and plats records of the
County by the City Secretary. The Plan Administrator shall cause
prints of the record plat to be provided to the affected City
offices as they may require. The Final Plat shall not be returned
or released to the Subdivider until recorded as provided above.
When a Final Plat has been approved by the City Council, at least
fifty percent (50') of the public improvements must be made with-
in one (1) year thereafter, unless some other period has been set
out in a binding contract approved by the City Council; otherwise
the approval shall terminate and shall be void, unless prior to
the expiration of said approval the time for expiration is extended
at the written request of the Subdivider.
Disapproval of a Final Plat by the City Council shall be deemed
a refusal by the City to accept the offered dedications shown thereon.
Approval of a Final Plat shall not be deemed an acceptance of the
proposed dedications and shall not impose any duty upon the City
concerning the maintenance or improvement of any such dedicated
parts until the proper authorities of the City have both given
their written acceptance of the improvements and have actually
appropriated the same by entry, use, or improvement.
ARTICLE IV - DESIGN STANDARDS
4.01 STREETS -
1. Conformity to Thoroughfare Plan: The width and location of streets
shall conform to such Thoroughfare Plan of the City of Allen as
the Council may have adopted, both as to horizontal and vertical
alignment and right-of-way widths. (See following pages.)
a. Arterial Street or Major Thoroughfare: any street designated
in the Comprehensive Plan as being a principle route more or
less continuous across the City or areas adjacent thereto, or
any route carrying or designated to carry fast-moving or large
volumes of traffic.
b. Collector Street: a street which carries traffic from local
residential streets to the system of arterial streets, including
the principal streetor streets into a subdivision development,
and streets designed primarily to provide traffic circulation
within or between one or more subdivisions.
c. Residential or Local Street: a street exclusively or primarily
providing access to abutting properties. A Local street may be
located within a commercial or industrial area.
d. Cul -de -Sac: a local street having but one outlet to another
street, and terminated on the opposite end by a vehicular
turn -around.
e. Dead-end Street: a street, other than a cul-de-sac, having
only one outlet.
f. Frontage Street: a local street lying parallell to and adjoin-
ing a major street right-of-way, which provides access to
abutting properties and protection from through traffic.
g. Alley: a public or private way designed primarily for vehicular
travel to provide access to or from the rear or side of prop-
erty otherwise abutting on a street.
h. Loop Street: a local street having only two outlets onto one
other street except a cul-de-sac.
2. Relation to Adjoining Street System: The proposed street system
shall extend all existing major streets and such collector and
local access streets as may be desirable for convenience of cir-
culation. Where possible, the width and the horizontal and ver-
tical alignment of extended streets shall be preserved.
3. Street Jogs: Where off -sets in street alignment are, in the opinion
of the Commission, unavoidable, such off -sets may be employed pro-
vided the distance between center lines is not less than one hundred
twenty-five (125) feet.
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N
O
City of Allen, Texas
RECOMMENDED THOROUGHFARE DESIGN STANDARDS
DESIGN ELEMENT
FUtICTIONAL CLASSIFICATION
P6DA
P6D
M7U
M6D
t•16U
M5U
M4D
1•14U
C0
C4U
C2U
R3U
R2U
CROSS SECTION
I
I
III
I
II
III
I
II
I
II
II
II
IV
(A) NUMBER OF TRAFFIC LANES
6
6
6
6
6
4
4
4
4
4
4
3
2
(B) LANE WIDTHS
12'
12'
12'
12'
12'
12'
12'
12'
11
11'
10'
10'
12'
(C) RIGHT -OF -WAY -WIDTH
170'-
200'
120'-
140'
120,
1101-
120'
100,
901-
100'
801-
100'
70'-
90'
701-
90'
60'_
80'
60'
S0'
40'
(D) AVERAGE VEHICLE CAPACITY
(VEHICLE HOUR/VEHICLE DAY)
3,850/
43,000
3,000/
33,000
3,000/
33,000
3,000/
33,000
3,000/
33,000
2,000/
22,500
2,000/
22,500
2,000/
22,500
1,900/
21,000
1,400/
21,000
1,000/
11,000
600/
7,500
400/
5,000
(E) DESIGN SPEED (MPH)
40-45
40-45
40
40
35-40
35-40
35-40
30-40
30-40
30-4n
30-35
25-30
25
(F) MAXIMUM GRADE (%)
6-7"
6-7%
6-7'a
6-7%
6-1%
6-7%
6-7%
6-71,
6-8%
6-8%
6-8%
6-8%
6-8%
(G) MAXIMUM HORIZONTAL CURVATURE
I. DEGREES
2. CENTERLINE RADIUS
7-15"
383'
7-15°
383'
7-15"
383'
7-15"
383'
7-150
383'
7-20°
288'
7-200
288'
12-200
288'
12-200
288'
12-210
274'
12-21°
274'
12-40"
146'
12-400
146'
(11) STOPPING SITE DISTANCE
275'
275'
275'
275'
275'
275'
275'
250'
250'
250'
250'
200'
200'
(I) MINIMUM MEDIAN WIDTH
24'
16'
(16')
16'
N.A.
(14')
12'
N.A.
12'
N.A.
N.A.
N.A.
N.A.
(J) MIN. SPACING MEDIAN OPENING
500'
500'
N.A.
300'
N.A.
N.A.
300'
N.A.
180'
N.A.
N.A.
N.A.
N.A.
(K) VERTICAL CLEARANCE
15'
15'
15'
15'
15'
15'
15'
15'
14'
14'
14'
14'
14'
ROADWAY CROSS SECTIONS
TRAFFIC MED/AN TRAff/C TRAFFIC
LANES LANES
WIDTH LANES
II (A) i I (A)
R/BHT - Of - WAY W/DTH (C) R/6HT - Of - WAY WIDTH
_ 1 11
_-,
DIVIDED UNDIVIDED ART
ARTERIAL OR COLLECTC
J� Qi
Q
TRAff/C TURN TRAFFIC ka
TRAFFIC
LANES LANES I Q W LANES
I (AI I LANE I (A) I p W I I (Ai I
�— R/6NT-Of—WAY WIDTH (C) R/6NT-Of-WAY w/DTN�
III iv
UNDIVIDED ARTERIAL WITH ESTATE
CONTINUOUS TURN LANE RESIDENTIA
TYPICA— \
ROADWAY
PLAN
�a
�G
up
�m
6RE� �J
°E
16-20
MINIMUM SPAC/N6
Of MED/AN OPEN/N6 (J)
-21-
�0t`�1 /
0�
4. Large Lot Subdivisions: If the lots in the proposed subdivision
are large enough to suggest resubdivision in the future, or if a
part of the tract is not subdivided, consideration must be given
to possible future street openings and access to future lots which
could result from such resubdivision.
5. Through Traffic: Residential and Local streets shall be designed to
discourage high speed or through traffic.
6. Topography: The street system shall bear a logical relationship
to the natural topography of the grond, such that streets are
not aligned directly parallel or perpendicular to the natural
contours of the ground.
7. Pavement and Right -of -Way Width: All streets shall be paved with
reinforced concrete paving with integral curb and gutter, and shall
conform in width and section to the Thoroughfare Plan of the City.
Right-of-way width shall be measured between front lot lines, and
pavement width shall be measured from face of curb. Except as pro-
vided hereinafter, no street right -of way shall be less than fifty
(50) feet, and no street pavement shall be less than thirty-one
(31) feet.
8. Estate Subdivisions: For Estate Subdivision as herein defined, the
City Council may allow variance to these regulations to provide
for a lesser pavement and right-of-way width, and for the elimin-
ation of the requirement for curb and gutter.
9. Street Alignment: The maximum deflection in alignment permitted
without use of curve shall be five degrees (50).
10. Vertical Alignment: Profile grades of streets and alleys shall be
connected by vertical curves of a minimum length expressed as a
multiple of the algebraic difference between the rates of grade,
expressed in feet per hundred, as follows:
Multiple of
Algebraic Difference
Crest Vertical Curve
Sag Vertical Curve
Design Speed by City Engineer
30 40 50 60 70
28 50 80 150 240
35 50 70 100 140
11. Horizontal Alignment: The centerline curve of streets and alleys
shall have a minimum radius as follows:
Classification
Minimum
Centerline Radius
Thoroughfare 500 feet
Collector 300 feet
Local (Commercial or Industrial) 300 feet
Residential 150 feet
Loop Streets and Alleys 75 feet
-22-
Driveway cuts shall be located so as to provide a spacing between
curb radius return of at least ten (10) feet for single-family and
two-family uses and at least twenty (20) feet for all other uses.
No property shall have more than two (2) driveway cuts onto any
facing street. No driveway cut shall be located closer than twenty
(20) feet from an intersection, measured from the ends of the curb
radius returns.
17. Street Names: New streets shall be named so as to provide contin-
uity of name with existing streets and to prevent conflict with
identical or similar names in other parts of the City.
18. Private Streets: Private streets shall be prohibited.
11. Mobile Home Park: an area or development intended for the renting
or leasing, but not sale, of sites for the location and/or occupancy
of mobile homes. A mobile home park shall have filed with the City
a Certified Land Division approv?d by the Commission according to
the provisions of this Ordinance.
4.02 LOTS -
1. Use: All lots shown on the Plat shall be for single-family
residential purposes, unless otherwise provided by the Zoning
District of the area and so noted on the Plat.
2. Lot Size: The size or area of the lot shall be measured in
square feet, and shall conform to the Zoning requirements for
the area. The minimum lot size shall be seven thousand five
hundred (7,500) square feet.
3. Lot Width: The lot width shall be the direct distance across the
lot measured at the points the building line intersects the side
lot lines. The minimum lot width shall be sixty-five (65) feet.
4. Lot Depth: The lot depth shall be the average of the length of
the two side lot lines. The minimum lot depth shall be one hun-
dred ten (110) feet.
5. Corner Lots: Corner lots with a width of less than seventy-five
75 feet are to be at least five (5) feet wider than the average
of interior lots in the block. Corner lots with a width of less
than eighty-five (85) feet adjacent to a Thoroughfare are to be
at least fifteen (15) feet wider than the average of interior
lots in the block.
6. Lots on Thoroughfares: Where, in the judgement of the Commission,
access cannot be provided from a siding street or alley, lots
facing on Thoroughfares shall be at least ten (10) feet deeper
and ten (10) feet wider than the average of lots facing on the
adjacent local streets.
7. Lots on Drainage Easements: Minimum usable lot depths for lots
backing on natural drainage easements shall not be less than
eighty (80) feet measured between front lot line and easement.
-24-
12. Reverse Curves: Reverse curves on Thoroughfares and Collector
streets shall be separated by a minimum tangent of one hundred
(100) feet.
13. Cul -de -Sacs, Dead -End Streets:
a. The maximum length of a cul-de-sac or dead-end street with
a permanent turnaround shall be six hundred (600) feet, except
under unusual conditions with the approval of the City Council.
b. Turnarounds are to have a minimum right-of-way width of one
hundred (100) feet and a minimum pavement width of eighty (80)
feet for single-family and two-family uses, and a minimum
right-of-way width of one hundred twenty (120) feet and a min-
imum pavement width of one hundred (100) feet for all other uses.
C. Temporary paved turnarounds are to be provided at ends of streets
more than four hundred (400) feet long that will be extended in
the future. The following note should be placed on the Plat:
"Cross -hatched area is temporary easement for turnaround until
street is extended (give direction) in a recorded plat."
d. No other dead-end streets shall be allowed, except as herein
provided.
14. Street Intersections:
a. Except where existing conditions will not permit, all streets
shall intersect at a ninety degree (90°) angle. Variations of
more than ten degrees (10°) on Residential or Local streets
and more than five degrees (5°) on Collectors and Thoroughfares
must have the approval of the City Council.
b. Acute angle intersections approved by the City Council are to
have twenty-five (25) foot or greater radii at acute corners.
c. Each new street intersecting with or extending to meet an
existing street shall be tied to the existing street on center-
line with dimensions and bearings to show relationship.
15. Partial or Half -Streets: Partial or half -streets may be provided
where the Commission feels that a street should be located along
a property line. Wherever a half -street has already been provided
adjacent to an area to be subdivided, the other remaining portion
of the street shall be platted with such subdivision. Where part
of a street is being dedicated along a common property line, the
first dedication shall be one-half (1/2) of the proposed street
right-of-way plus one (1) foot.
16. Driveway Cuts: Driveway cuts or entrances to single-family or
two-family uses shall not be allowed along Thoroughfares, unless
a siding street, or an alley with natural screening device, is
provided outside the pavement of the Thoroughfare.
-23-
8. Lot Shape: Lots should be rectangular insofar as practicable.
Sharp angles between lot lines should be avoided. The ratio of
depth to width should not ordinarily exceed two and one-half
(2-1/2) to one (1).
9. Lot Facing:
a. Each lot shall be provided with adequate access to an existing
or proposed street by frontage on such street.
b. Double frontage lots are prohibited except where backing on
Thoroughfares.
c. Wherever feasible, each lot should face the front of a similar
lot across the street. In general, an arrangement placing facing
lots at right angles to each other should be avoided.
10. Lot Lines: Side lot lines should be perpendicular or radial to
street frontage and the following note may be used in lieu of
bearings: " All side lot lines are perpendicular or radial to
street frontage unless otherwise noted."
11. Lot Numbering: All lots are to be numbered consecutively within
each block. Lot numbering may be cumulative throughout the sub-
division if the numbering continues from block to block in'a
uniform manner that has been approved on an overall Preliminary
Plat.
4.03 BLOCKS -
1. Block Length: The maximum block length for residential use shall
be twelve hundred (1,200) feet, measured along the center of the
block. Six hundred (600) feet is a desirable minimum. Maximum
block length along a Thoroughfare shall be sixteen hundred (1,600)
feet, except under special conditions approved by the Commission.
2. Block Width: Blocks shall be wide enough to allow two (2) tiers
of lots of at least minimum depth, except when prevented by the
size of the property or the need to back up to a Thoroughfare.
3. Block Numbering: Blocks are to be numbered or lettered consecu-
tively within the overall plat and/or sections of an overall plat
as recorded.
4.04 BUILDING LINES - The Building Line is a line beyond which buildings
must be set back from a street right-of-way line or property line.
1. Front Street: The front building line shall conform to the Zoning
requirements for that district. The front building line shall not
be less than twenty-five (25) feet from the front property line,
except that where the lots face on a Thoroughfare, the front build-
ing line shall not be less than thirty-five (35) feet from the
front property line.
-25-
2. Side Street: The side building line shall conform to the Zoning
requirements for that district. The side building line shall not
be less than six (6) feet. The building line on the side of cor-
ner lots shall not be less than fifteen (15) feet from the side
property line, except that where the lot sides on a Thoroughfare,
the side building line shall not be less than twenty-five (25)
feet from the side street property line. Where the side of a cor-
ner lot is across the street from or adjacent to the front of
other lots, the side building line of the corner lot shall be the
same distance from the street as the front building line of the
opposite or adjacent lots.
3. Rear Lot Lines: The rear building line shall conform to the Zoning
requirements for that district. The rear building line shall not
be less than ten (10) feet, except that the rear building line
where lots back on a Thoroughfare shall not be less than twenty
(20) feet.
4.05 ALLEYS -
1. Commercial and Industrial Areas: Alleys shall be provided in comm-
ercial and industrial districtswhere other definite and assured
provisions are not made for service access, such as off-street
loading, unloading, parking and fire -fighting access consistent
with and adequate for the uses proposed.
2. Residential Areas: Alleys shall be provided in all residential areas.
3. Alley Width: All alleys shall be paved. In commercial areas, the
minimum width of the alley right -of -way shall be twenty (20) feet
and the minimum pavement width shall be sixteen (16) feet. In
residential areas, the minimum alley right-of-way width shall be
sixteen (16) feet and the minimum pavement width shall be twelve
(12) feet.
4. Turnouts: Alley turnouts shall be paved to the property line and
shall be at least twelve (12) feet wide at that point. Paving
radius where alleys intersect Thoroughfares shall be twenty (20)
feet, and shall be ten (10) feet at intersections with all other
streets.
5. Intersections: Alley intersections and sudden changes in alignment
shall be avoided, but where necessary, lot corners shall be cut off
at least fifteen (15) feet on each tangent to permit safe vehic-
ular movement.
6. Fences: Where driveways connect to alleys, fences shall only be
constructed along the rear lot line and driveway such that the
fence corner is angled, providing a cut off of at least five (5)
feet from both the alley and driveway.
7. Dead -End Alleys: Dead-end alleys shall be avoided whereever poss-
ible, but if unavoidable, shall be provided with adequate outlet
or turnaround, as determined by the Commission.
-26-
4.06 EASEMENTS -
1. Use: Where necessary to provide access for the purposes of maint-
enance, construction, or other service, easements shall be provided
for poles, wires, conduits, storm sewers, sanitary sewers, water
lines, open drainage, flood plains, gas lines, or other utilities.
Such easements may be required across parts of lots, including
rear and side lot lines, where alleys are not provided.
2. Size: Where possible, easements shall be provided fully located
upon on lot. Where such is not feasible, easements shall be not
less than seven and one-half (7.5) feet on each side of the lot
line. Where overhead utility service on poles is allowed, an
additional easement of five (5) feet on each side beginning at
a plane twenty (20) feet above the ground shall be provided. The
full width of easements shall not be less than fifteen (15) feet
at ground level nor less than twenty-five (25) feet above ground.
3. Fire Lanes: Where adequate access for fire fighting purposes may
not otherwise be provided, easements for fire lanes shall be
required. Fire lane easements shall be paved, shall be a minimum
of twenty (20) feet in width, shall be maintained by the property
owner, shall be marked as such on the ground, and shall be kept
free and clear at all times.
4.07 RESERVATIONS -
1. Permitted Uses: No land contained in the proposed subdivision
shall be reserved for any use other than a use permitted by the
Zoning Ordinance for the district in which the land to be reserved
is located.
2. Designation on Plat: The specific use for which each parcel of
land is to be reserved must be shown by appropriate label or des-
cription on the Plat. Provision for abandonment of a reservation
in the future as may be appropriate must likewise be shown on
said Plat.
3. Parks and Open Space: The location and size of parks and open
space areas shall be in conformance with the Comprehensive Plan.
All areas retained as flood plain after approved development
shall be reserved as open space for public use, unless other
provisions are approved by the City Council.
4. Schools: The Location and size of school sites shall be in con-
formance with the Comprehensive Plan and the recommendations of
the applicable school district.
5. Public Facilities: The location and size of sites for public
buildings, major utility facilities, and related community fac-
ilities shall be in conformance with the Comprehensive Plan and
the recommendations of the Plan Administrator.
-27-
4.08 IMPROVEMENTS -
1. Monuments and Markers:
Concrete monuments, six (6) inches in diameter and twenty-four
(24) inches long, shall be placed on all boundary corners,
block corners, curve points, and angle points. A copper pin
one-quarter (1/4) inch in diameter embedded three (3) inches in
the monument shall be placed at the exact intersection point
on the monument. The monuments shall be set at such an elevation
that they will not be disturbed during construction, and the
top of the monument shall not be less than twelve (12) inches
below the finish ground level.
b. Lot markers shall be five-eighths (5/8) inch reinforcing bar,
eighteen (18) inches long, or approved equal, and shall be
placed at all lot corners flush with the ground, or below
ground if necessary in order to avoid being disturbed.
C. Where no bench mark is established or can be found within
three hundred (300) feet of the boundary of the subdivision,
such bench mark shall be established to sea level datum. The
bench mark shall be established upon a permanent structure,
or may be set as a monument, and shall be readily accessible
and identifiable on the ground.
Underground Utilities: All distribution and service lines of
electrical, telephone, television, and other wire -carrier
type utilities shall be underground, except that the system
of supply lines for multiple subdivision service by utilities
may be overhead. Transformers, amplifiers, or similar devices
associated with the underground lines shall be located upon
the ground or below ground level.
Where the underground of such facilities is not a standard
practice of the utility involved, the Subdivider or Developer
shall make all arrangements for payments associated with the
non-standard installation.
3. Sidewalks: Paved sidewalks shall be provided along and adjacent
to both sides of all Thoroughfares and Collectors; and along
Residential or Local Streets which are located immediately adja-
cent to a school site and for a distance of one (1) block along
such streets leading directly to a school site.
4. Street Lighting: Where electrical distribution and service wires
are required to be underground, street lighting wires shall also
be underground. Where ownership of street lighting facilities
such as poles and standards, luminaires, lamps, etc., will be
retained by the electrical power supplier, the type of street
lighting facilities to be installed must be acceptable to both
the City of Allen and the supplier of electrical power. Where
NZ
the street lighting facility to be installed is non-standard to
the electrical power supplier, the Subdivider or Developer shall
make all arrangements for payments associated with the non-stan-
dard installation.
5. Irrigation: A fully automatic irrigation or sprinkler system of
a type and design approved by the City shall be provided within
all completed street medians or other landscaped areas. Connec-
tions under the street and between median cuts shall be provided
to all unfinished medians for future development of the irrigation
system.
4.09 DRAINAGE -
1. Storm Sewer: An enclosed underground storm sewer shall be provided
in all areas where the quantity of the accumulated storm run-off
does not exceed two hundred (200) c.f.s.
2. Storm Sewer or Channel: In drainage courses where the accumulated
storm run-off is more than two hundred (200) c.f.s. and less than
five hundred (500) c.f.s., either an enclosed storm sewer or a
concrete lined channel shall be constructed.
3. Channel: In drainage courses where the accumulated storm run-off
is more than five hundred (500) c.f.s., the drainage improvements
shall be either an enclosed storm sewer, a concrete lined channel,
or an earthen channel.
ARTICLE V - ENFORCEMENT
5.01 AUTHORITY OF THE CITY ENGINEER - The City Engineer is hereby authorized
and directed to promulgate rules, regulations, standards, and specifi-
cations for the construction, installation, design, location, and
arrangement of streets, curbs, street lights, street signs, alleys,
utility layouts, utility easements, sidewalks, water supply and dis-
tribution systems, fire hydrants, sewage disposal systems, drainage
facilities, and other public improvements. He shall file same with
the City Secretary at least thirty (30) days before they shall become
effective. He may amend the same from time to time, provided that an
amendment shall be filed with the City Secretary at least thirty (30)
days before it becomes effective. No such rules, regulations, stan-
dards, or specifications shall conflict with this or any other Ordin-
ances of the City of Allen.
All such improvements shall be designed, constructed, installed,
located, and arranged by the Subdivider in accordance with such rules,
regulations, standards, and specifications.
5.02 INSPECTION OF CONSTRUCTION - The City Engineer, or his duly author-
ized representatives, shall be required to fully inspect any and all
phases of the construction of improvements for subdivisions. The
Subdivider, or his contractor, shall maintain daily contact with the
City Engineer, or his representative, during construction of improve-
ments.
-29-
No sanitary sewer, water, or storm sewer pipe shall be covered with-
out approval of the City Engineer, or his representative. No flexible
base material, subgrade material, or stabilization shall be applied
to the street subgrade without said approval. No concrete may be pour-
ed nor asphatic surface applied to the base without said approval.
The City Engineer, or his representative, may at any time cause any
construction, installation, maintenance, or location of improvements
to cease when, in his judgement, the requirements of this Ordinance
or the standards and specifications as hereinbefore provided have
been violated, and may require such reconstruction or other work
as may be necessary to correct any such violation.
5.03 MAINTENANCE BOND - The Subdivider shall furnish a good and sufficient
Maintenance Bond in the amount of fifteen percent (15%) of the contract
price of all public improvements, or in such amount as approved by
the City Engineer, with a reputable and solvent corporate surety in
favor of the City, to indemify the City against any repairs which
may become necessary to any part of the construction of public im-
provements in connection with the subdivision, arising from defective
workmanship or materials used therein, for a full period of one (1)
year from the date of final acceptance of the improvements. Final
acceptance will be witheld until said Maintenance Bond is furnished
to the City.
5.04 FILING FEES AND CHARGES - The following schedule of fees and charges
shall be paid to the City when any Prliminary Plat or Final Plat or
other filing is tendered to the Planning and Zoning Commission or
any other authorized board or agency of the City. Each of the fees
and charges provided herein shall be paid in advance, and no action
of the Commission or any other board or agency of the City shall be
valid until the fees and charges shall have been paid to the City.
Except as hereinbefore provided, these fees and charges shall be
charged on all plats and filings, regardless of the action taken by
the Commission or any other board or agency of the City, and whether
the plat or filing is approved or denied by the City Council.
1. Residential: For single-family and Multi -family uses:
a. Preliminary Plat - $50.00 per plat, plus $2.00 per unit
b. Final Plat - $100.00 per plat, plus $3.00 per unit
2. Mobile Homes: For developments for locating mobile homes:
a. Preliminary Filing - $50.00 per filing, plus $2.00 per space
b. Final Filing - $100.00 per filing, plus $3.00 per space
3. Other Uses: For commercial, industrial, institutional, and
other uses not normally platted in lots:
a. Preliminary Plat - $50.00 per plat, plus $6.00 per acre
b. Final Plat - $100.00 per plat, plus $10.00 per acre
4. Refiling: When a Preliminary Plat has been disapproved by the
Commission, and the Subdivider refiles a new design for all or
a lesser portion of the Preliminary Plat within thirty (30) days
of such disapproval, no new fee shall be charged for the refiling.
-30-
5.05 PENALTY - Any person, firm or corporation who shall violate any of
the provisions of this Ordinance or who shall fail to comply with
any provisions hereof shall be guilty of a misdemeanor and, upon
conviction, shall be subject to a fine not to exceed two hundred
dollars ($200), and each day that such violation continues shall
constitute a separate offense and shall be punishable accordingly.
5.06 CONFLICT - Any previous Ordinances of the City of Allen now in
effect governing the subdivision of land are hereby repealed. When-
ever the requirements of this Ordinance conflict with those contained
in other Ordinances of the City, the most stringent or restrictive
provision shall govern. Whenever the requirements of this Ordinance
conflict with the provisions of an executed Facilities Agreement, the
provisions of the Facilities Agreement shall govern.
5.07 SEVERABILITY - If any section, paragraph, clause, or part of this
Ordinance is declared invalid or unenforceable for any reason, such
declaration shall not be held to invalidate or impair the validity,
force or effect of any other section, paragraph, clause, or Part of
this Ordinance.
5.08 SAVINGS - If land has been previously platted in accordance with the
requirements of the City at the time of platting, and if all necess-
ary improvements have been provided, the City may determine that
individual building site development is not additional subdividing,
and may waive such development from the requirements of this Ordin-
ance, provided that such waiver does not permit development not in
conformance with the intent of this Ordinance.
5.09 EFFECTIVE DATE - The fact that the rules and regulations governing
the subdividing of land within the City of Allen and its ETJ are
inadequate to ensure orderly future development, creates an emergency
in the preservation of the public health, safety and welfare, and
requires that this Ordinance shall take effect immediately from and
after its passage.
DULY PASSED AND ADOPTED by the City Council of the City of Allen,
Texas, this the 16th day of August 19 79
APPROVED:
Mayor
ATTEST: APPROVED AS TO FORM:
ty Secretary City Attorney
-31-