O-125-4-72TEXAS
SUBDIVISION
CONTROL ORDINANCE
SUBDIVISION CONTROL ORDINANCES
OF
ALLEN, TEXAS
Effective Date: April 25, 1972
SUBDIVISION CONTROL ORDINANCE
TABLE OF CONTENTS
ARTICLE I
GENERAL PROVISIONS
Sec.
1-1
Establishment of Controls
Sec.
1-2
Definitions
Sec.
1-3
Rules and Regulations
Sec.
1-4
Appeals
Sec.
1-5
Variances
Sec.
1-6
Unit Development Plan
Sec.
1-7
Dedication and Maintenance of Streets
Sec.
1-8
Utility Connections and Services
Sec.
1-9
Enforcement of Ordinance
Sec.
1-10
Street Names and House Numbers
Sec.
1-11
Authorization to Plan Administrator
ARTICLE II
PROCEDURE
Sec.
2-1
Approval of Subdivision Required
Sec.
2-2
Notice of Intent
Sec.
2-3
Preliminary Plan
Sec.
2-4
Final Plat
ARTICLE III
PRELIMINARY PLAN REQUIREMENTS
Sec.
3-1
Preliminary Plan Exhibits
Sec.
3-2
Protective Covenants
ARTICLE IV
FINAL PLAT REQUIREMENTS
Sec.
4-1
Final Plat
Sec.
4-2
Protective Covenants
Sec.
4-3
Survey Notes
ARTICLE V
DESIGN STANDARDS
Sec.
5-1
Street Location and Arrangement
Sec.
5-2
Street Design
Sec.
5-3
Alleys and Easements
Sec.
5-4
Blocks
Sec.
5-5
Lots
Sec.
5-6
Building Lines
Sec.
5-7
Recreation and Public Lands
(Continued)
Table of Contents (Continued)
ARTICLE VI IMPROVEMENTS REQUIRED IN SUBDIVISIONS INSIDE CITY LIMITS
Sec.
6-1
Compliance Required
Sec.
6-2
City Design Standards and Specifications
Sec.
6-3
Installation and Financing
Sec.
6-4
Streets, Alleys, and Sidewalks
Sec.
6-5
Drainage
Sec.
6-6
Street Name Signs
Sec.
6-7
Street Lighting
ARTICLE VII
IMPROVEMENTS REQUIRED IN SUBDIVISIONS OUTSIDE CITY LIMITS
Sec.
7-1
Streets
Sec.
7-2
Drainage
Sec.
7-3
Adequate Water Supply
Sec.
7-4
Septic Tank
CITY OF ALLEN, TEXAS
ORDINANCE NO. 125
AN ORDINANCE CONTROLLING THE SUBDIVISION OF LAND WITHIN THE CITY OF
ALLEN, TEXAS, AND WITHIN THE EXTRATERRITORIAL JURISDICTION OF SAID
CITY; STATING THE REQUIREMENTS FOR SUBDIVISION; PROVIDING A PENALTY
FOR VIOLATION HEREBY; AND AN EFFECTIVE DATE.
ARTICLE I
GENERAL PROVISIONS
Sec. 1-1. ESTABLISHMENT OF CONTROLS
A. This Ordinance shall be known and may be cited as the "Subdivision Control
Ordinance" of the City.
B. The purpose of this Ordinance is to provide for the orderly, safe and
healthful development of the area within the City and within the area sur-
rounding the City and to promote the health, safety, and general welfare
of the community.
C. This Ordinance is adopted under the authority granted by the laws of the
State of Texas and particularly as contained in Article 974a (Revised Civil
Statutes), Planning and Recording Subdivisions or Additions, and Article
970a (Revised Civil Statutes), the Municipal Annexation Act.
D. No person shall create a subdivision of land within the corporate limits of
the City or within the extraterritorial jurisdiction thereof without com-
plying with the provisions of this Ordinance. All plats and subdivisions
of any such land shall conform to the rules and regulations set forth herein.
Sec. 1-2. DEFINITIONS
Certain words and phrases in this Ordinance shall have the meanings ascribed to
them unless a different meaning is plainly required by context. Except as may
be specifically limited by context, words used in the singular shall include the
plural and words used in the plural shall include the singular.
The word "shall" is mandatory; the word "may" is directory. Words and terms not
expressly defined are to be construed according to the definition of such words
or terms as appear in the City's Zoning Ordinance or, lacking definition therein,
then according to their customary usage in the practice of municipal planning
and engineering.
1. City Official: any person, elective or appointive, or any board or
committee authorized or constituted by city ordinance or state law to
act in behalf of the municipality.
a. City: the municipal corporation of the City of Allen.
b. City Council: the governing body of the City.
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Sec. 1-2. DEFINITIONS (Continued)
c. Commission: the Planning Commission of the City.
d. PZan Administrator: the official or representative of the City
designated by the City Council to administer the provisions of
these regulations.
2. City Plan: the comprehensive plan for the City and its environs as
adopted by the City Council or as may subsequently be amended.
3. Land PZanner: any person skilled in the ami and science of arranging
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 provision of public ser-
vices and utilities all consistent with the long-range goals and the
objectives of the City 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.
a. Engineer: a person duly authorized under the provisions of the
Texas Engineering Registration Act to practice the profession of
engineering.
b. Surveyor: a licensed State Land Surveyor or a Registered Public
Surveyor, as authorized by the State Statutes to practice the
profession of surveying.
4. Street or Alley. a public or private way set aside as a permanent right-
of-way for the movement of pedestrian or vehicular traffic or to provide
access to abutting property.
a. Mqjor Street: any street designated on the adopted City Plan as a
thorofare, boulevard, freeway, highway, expressway, parkway, or
scenic route or any other traffic artery having regional conti-
nuity, or any route carrying or designated to carry fast-moving
or a large volume of vehicular traffic.
b. Collector Street: a street which carries traffic from local streets
to the system of major streets, including the principal entrance
street or streets into a subdivision development, and streets
designed primarily to provide traffic circulation within or between
one or more subdivisions.
c. LocaZ Street: a street exclusively or primarily providing access
to abutting properties.
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 parallel to and adjoining a
major street right-of-way, which provides access to abutting pro-
perties and protection from through traffic.
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Sec. 1-2. DEFINITIONS (Continued)
g. Alley: a public or private way designed primarily for vehicular
travel to provide access to or from the rear or side of property
otherwise abutting on a street.
Subdivider: an individual, firm, association, syndicate, co -partnership,
or corporation dividing or proposing to divide land so as to effect a
subdivision of land hereunder for himself, or for itself, or for another.
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 resubdivision, 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 sub-
division shall relate to the process of subdividing or to the land
subdivided.
a. Preliminary PZan: a map, drawing or chart 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.
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 recording
of same in the maps and plats records of the county.
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 plats records of the county, and (2) does not involve or
require the dedication of public streets or alleys, of easements,
or of other public property, and (3) has been certified by the
Commission as having met the conditions of this Ordinance.
Eztraterrttorial Jurisdiction: all land situated within one-half
mile(s) distance of the corporate boundary of the City.
Sec. 1-3. RULES AND REGULATIONS
The Commission shall adopt regulations governing the submittal and review of plats
and subdivisions and rules of procedure to govern its actions. Such rules and
regulations shall be consistent with the provisions of this ordinance and shall
become effective upon being filed with the City secretary. Said rules and regula-
tions shall contain provisions for the systematic naming of streets and for the
numbering of houses and other buildings in accordance with the requirements of
Section 1-10.
Sec. 1-4. APPEALS
Any subdivider aggrieved by a finding or action of the Commission which is law-
fully subject to review by the City Council shall appeal to the City Council
within thirty (30) days from the date of such finding or action, and not there-
after. Nothing in this section shall prevent a right of review by a court of
competent jurisdiction.
Sec. 1-5. VARIANCES
Where literal enforcement of a provision of this ordinance creates an unnecessary
hardship in the subdividing of a tract of land the Commission shall have the
authority to grant a variance from such provision. In no case, however, shall
the Commission grant a variance unless it finds that each of the following
conditions is satisfied:
1. That the modified proposal would conform to the City Plan; and
2. That literal enforcement of a provision would render subdivision of
the tract of land impractical; and
3. That literal enforcement of a provision will result in the confis-
cation of property; and
4. That the granting of the variance will not have the effect of preventing
the orderly subdivision of other land in the area in accordance with the
provisions of this Ordinance.
Sec. 1-6. UNIT DEVELOPMENT PLAN
Where it is proposed to develop a unified residential, commercial, industrial and/
or institutional project, the Commission may vary the specific requirements of this
Ordinance if there is a site development plan having provisions for light and air,
vehicular and pedestrian circulation, and recreational facilities, equal to or
better than the detailed requirements of this ordinance. Approval of a unit
development plan by the Commission shall be controlling on the location of all
buildings shown thereon.
Commission approval shall include approval of the sequence of development and con-
struction 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
section and to protect the health, safety and welfare of the community.
Sec. 1-7. DEDICATION AND MAINTENANCE OF STREETS
Disapproval of a plat by the Commission shall be deemed a refusal by the City to
accept the offered dedications shown thereon. Approval of a 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 actually appropriated the same by
entry, use or improvement.
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Sec. 1-8. UTILITY CONNECTIONS AND SERVICES
Unless and until a plat of subdivision has been approved, and the subdivider has
constructed the streets, curbs, gutters, paving, utilities and drainage facilities
therein, in the manner provided in this ordinance, it shall be unlawful for any
official of the City to serve or connect any public utilities owned, controlled
or distributed by the City to any land, or any part thereof, covered by a plat,
or to the owners or purchasers of the land, or any part thereof.
Sec. 1-9. ENFORCEMENT OF ORDINANCE
Any person violating any provision of this Ordinance shall be guilty of a mis-
demeanor, and upon conviction, shall be fined an amount not exceeding $200.00.
Each day such violation continues shall be considered a separate offense.
Prosecution or convictions under this provision shall never be a bar to any
other remedy or relief for violations of this Ordinance.
Sec. 1-10. STREET NAMES AND HOUSE NUMBERS
Within sixty (60) days following the adoption of this ordinance the Commission
shall prepare rules for the systematic naming of streets and for the numbering
of bourses and other buildings throughout the area of jurisdiction of this
ordinance. The Commission shall hold public hearing on the proposed street
naming and numbering rules and after the adoption thereof shall submit the same
to the City Council for ratification by resolution. Upon such ratification
these rules shall become the official guide to subdividers and all affected
agencies.
Sec. 1-11. AUTHORIZATION TO PLAN ADMINISTRATOR.
The Plan Administrator is hereby authorized and directed to prepare and submit
for Council approval rules, regulations, standards and specifications for the
construction, installation, design, location and arrangement of streets, curbs,
street lights, street signs, alleys, utility layouts, utility easements, gates
for utility easements, sidewalks, water supply and water distribution systems,
fire hydrants, sewage disposal systems, septic tanks, water wells, monuments,
criteria for drainage easement requirements, drainage facilities, and crosswalk
ways. No such rules, regulations, standards and specifications shall conflict
with this or any other ordinances of the City. All such improvements shall be
constructed, installed, designed, located, and arranged by the subdivider in
accordance with such rules, regulations, standards and specifications.
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ARTICLE II
PROCEDURE
Sec. 2-1. APPROVAL OF SUBDIVISION REQUIRED
A. Until a preliminary plan of a subdivision shall have been approved in accor-
dance with this Ordinance, no person shall subdivide or shall submit a final
plat thereof, or shall file a record of survey, or a map or plat for record,
or sell any part of said subdivision or proceed with any grading, construc-
tion or other work on the same; no part of any such subdivision shall be
sold until drainage has been approved by the Plan Administrator. The Com-
mission shall approve or disapprove any tentative plat within 30 days from
the date it is filed.
B. A final plat of a subdivision which conforms to these regulations and to all
conditions affixed to the Commission's approval of the preliminary plan shall
be approved for recording in the County plat records. Any plat which does
not conform to these regulations shall be denied within thirty (30) days of
its filing with the Commission.
Sec. 2-2. NOTICE OF INTENT
Prior to the filing of a preliminary plan with the Commission the subdivider shall
deposit with the Plan Administrator his written notice of intent to subdivide.
The notice shall be accompanied by the requisite number of prints and supporting
material and shall provide necessary information to describe the land, its loca-
tion and its relationship to the city plan. Upon receipt of a notice of intent
to subdivide, the Plan Administrator shall immediately advise the Commission that
the proposed preliminary plan will be filed at the next regular Commission meeting
not less than fourteen (14) days from the date of deposit of said notice with the
Plan Administrator.
Sec. 2-3. PRELIMINARY PLAN
A. General Development Plan
When a subdivision is a portion of a tract larger than forty (40) acres in
size later to be subdivided in its entirety, a General Development Plan of
the entire subdivision shall be submitted with the preliminary plan of the
portion first to be subdivided. The General Development Plan shall show the
schematic layout of the entire tract and its relationship to adjacent pro-
perty within the neighborhood unit. When appropriate, more than one tract
may be included in the General Development Plan. It shall delineate the
proposed characteristics of the area in terms of major categories of land
use; dwelling unit and population densities; thorofares and collector streets;
drainage -ways, utility approach mains and transmission lines; location of
sites for parks, schools and other public uses; and such other information
as the Commission finds to be necessary for making decision on the approval
of the preliminary plan.
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Sec. 2-3. PRELIMINARY PLAN (Continued)
A General Development Plan shall be considered to be a detailing of the
City Plan and shall become effective upon adoption by the Commission;
providing, however, no General Development Plan shall be approved other than
in conformity with the City Plan. Every General Development Plan adopted
by the Commission shall be so certified by the Chairman and secretary 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 to
the owners of all property within its area of coverage. Where multi -ownerships
preclude the preparation of a General Development Plan by a single owner,
the Commission is authorized to prepare such plan. No preliminary plan shall
be approved within an area for which a General Development Plan has not been
adopted excedt in conformity with such adopted plan.
B. Filing of Praliminary Plan
The prelLminary plan shall be delivered to the Plan Administrator who shall
cause tho same to be checked and verified, prepare a report to the Commission
setting forth his findings, and file such report together with the plan, with
the Commission at its' next regular meeting. The subdivider and his land
planner should be present at the meeting. The subdivider, by written notice
filed with the Plan Adninistrator,may designate his land planner as his agent
in the processing of his subdivision.
C. Fee Required and Utilities Plans
The preliminary plan also shall be accompanied by schematic plans for
utilities installation and public improvement. The preliminary plan shall
be accompanied by a filing and examining fee of fifty dollars ($50.00) plus
an additional one dollar ($1.00) per acre for the first one hundred (100)
acres, and ten (100) cents per acre for all additional acreage of the land
being subdivided.
D. Effect of Approval
When a preliminary plan 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 plan with such changes if any made thereon, and the approval
thereof by the Commission, shall be transmitted to the subdivider. Approval
of the preliminary plan as such shall not constitute final acceptance or
approval of the subdivision.
E. Expiration of Approval
When a preliminary plan has been approved by the Commission the final plat
for all or a part of the area shall be submitted within six months thereafter;
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
by the Commission at the written request of the subdivider.
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Sec. 2-3. PRELIMINARY PLAN (Continued)
F. Effect of Disapproval
When the Commission finds that the preliminary plan 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 plan with a report of
such findings to 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 one year following Commission dis-
approval the fee shall be one-half of the regular fee. No resubmittal, and
no new fee, shall be required when Commission disapproval is for the purpose
of further study or hearing by the City on related matters such as zoning,
flood control, utility service, or coordination with other governmental
jurisdiction.
Sec. 2-4. FINAL PLAT
A. Preparation and Submittal
When a preliminary plan has been approved by the Commission the subdivider
may prepare his final plat, or portion thereof, in form for approval by the
Commission. The final plat shall be deposited with the Plan Administrator
who shall cause the same to be checked and verified as to its conformance
with the approved preliminary plan. If the final plat is incomplete or
does not conform, or if necessary fiscal agreements have not been submitted
for City approval, the final plat shall not be processed until the deficiences
are corrected.
The Plan Administrator shall prepare a report on the final plat and shall
file the plat, with his report, for approval at the next regular meeting
of the Commission.
B. Fee Required
The final plat shall be accompanied by a filing fee of twenty-five ($25.00)
dollars plus one dollar ($1.00) per acre and by certificates from the City
and County treasurers showing that all city and county taxes on the land
being subdivided have been paid to the current year.
c. Approval and Recording
Approval of a final plat shall be void unless and until necessary fiscal agree-
ments have been approved by the City. Within seven (7) days of its approval,
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 for 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.
Sec. 2-5. COMBINATION PRELIMINARY PLAN AND FINAL PLAT
The subdivider may, at his option, elect to combine his preliminary plan and final
plat of a subdivision whenever the tract of land: a) is to be resubdivided without
change of street locations, or is so situated that the pattern of streets in
said tract is pre -determined by streets of immediately adjoining record subdivisions,
and b) the proposed development will be of the same use and of comparable intensity
as adjacent existing or contemplated development.
Any change in the preliminary plan directed by the Commission, unless accepted by
the subdivider and the final plat so changed, shall stop the City Secretary from
recording the final plat. All requirements of Sections 2-3 and 204 shall be
satisfied in the processing of a combined preliminary plan and final plat, except
as herein modified.
Sec. 2-6 MONUMENTS AND PROPERTY MARKERS
A. Boundary Line Monuments
Concrete monuments shall be placed on all corners of boundary lines of a
subdivision and in any case not more than fourteen hundred (1,400) feet
apart. Such monuments shall be of a design recommended by the City's engineer
for permanence and resistance to disturbance.
B. Property Corner Markers
Intermediate property corners, curve points and angle points shall be marked
by iron stakes, not less than twenty-four inches in length, driven flush with
the ground or countersunk if necessary in order to avoid being disturbed.
c. Installation of Monument
Monuments shall be installed before recordation of the final plat, except
in those cases where the subdivider certifies that the street will be paved
within one year and that at the time of paving he will install monuments,
as required herein, and in such cases, the subdivider shall furnish a surety
bond therefor in an amount not to exceed the actual cost of installing the
monuments. When placing of monuments in the streets is postponed adequate
ties to the boundary line shall be established and shall be shown on the plat
in order that monuments may be correctly located and installed following the
paving of streets.
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ARTICLE III
PRELIMINARY PLAN REQUIREMENTS
Sec. 3-1. PRELIMINARY PLAN EXHIBITS
The preliminary plan shall be drawn at a scale of not more than 200 feet to one
inch. It shall show the information specified below according to the enumerated
standards.
A. Ownership and Identification
1. Names and addresses of the subdivider, record owner, and land planner.
2. Proposed name of the subdivision, which shall not have the same
spelling as or be pronounced similar to the name of any other subdi-
vision located with the city or its extraterritorial jurisdiction.
3. Key map showing location of tract by reference to streets or highways.
4. Date of preparation, scale of plat and north arrow.
5. Subdivision boundary lines, indicated by heavy lines, and the com-
puted acreage of the subdivision. The subdivision boundary shall be
construed to follow that part of adjacent boundary streets which were
previously established by dedication or purchase from the tract being
subdivided.
6. Legal description of the property to be subdivided, and metes and
bounds description of the subdivision perimeter.
7. Primary control points or descriptions, and ties to such control points
to which all dimensions, angles, bearings, block numbers and similar
data shall be referred.
S. Names of the owners of contiguous parcels of unsubdivided land, and the
names of contiguous subdivisions and the County Recorder's book and page
number thereof, and an individual of how contiguous properties are platted.
9. Location of city limits lines, the outer border of the city's extra-
territorial jurisdiction, and zoning district boundaries, if they traverse
the subdivision, or form part of the boundary of the subdivision, or are
contiguous to such boundary.
10. If there is no adjacent subdivision, a map on a small scale shall be
included with the preliminary plat, and oriented the same way, to show
the nearest subdivision in each direction, and how the streets, alleys,
or highways in the subdivision submitted may connect with those in the
nearest subdivision, if situated within 2,000 feet of the proposed sub-
division.
Sec. 3-1 PRELIMINARY PLAN EXHIBITS
B. Existing Conditions
1. The exact location, dimensions, name and description of all existing
or recorded public rights-of-way within the subdivision, intersecting
or contiguous with its boundaries or forming such boundaries.
2. The exact location, dimensions, identification or name of all existing
or recorded residential lots, parks, and public areas within the sub-
division.
3. Permanent structures and uses within or adjacent to the subdivision
including location of houses, barns, shacks, walls, wells, tanks, and
other significant features.
4. The exact location, dimensions, description, and flow line of existing
water courses and drainage structures within the subdivision or on
contiguous tracts.
5. Utilities on the tract, specifying size of lines, and those which are
transmission lines.
6. Other conditions adjacent to the tract affecting design of the sub-
division.
c. Proposed Layout
1. Topography shown by contour lines on a basis of five feet vertical
interval in terrain with a slope of two per cent or more, and on a basis
of two feet vertical interval in terrain with a slope of less than two
per cent; datum shall be that of a public agency which shall be specified
on the plan.
2. The exact location, dimensions, description and purpose of all proposed
streets, alleys, drainage ways, parks, other public areas, reservations,
easements, or other rights-of-way, blocks, lots and other sites within the
subdivision.
3. Proposed lot lines, and ty;ical and minimum lot sizes.
4. A number or letter to identify each lot or site and each block.
5. Designation of all tracts for multi -family dwellings, shopping centers,
churches, industry or other uses.
6. Site data referenced to the gross area of the subdivision, the proposed number
residential lots and area therefore, and the approximate area in parks and
in other non-residential uses.
7. Proposed zoning and boundaries of new districts.
S. Front building setback lines on all lots and tracts. Side yard building
setback lines at street intersections and crosswalks.
I
1 Sec. 3-2. PROTECTIVE COVENANTS
A preliminary draft or outline of protective covenants may be attached, as
1 proposed by the subdivider, to regulate land use in the subdivision and other-
wise protect the proposed development.
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ARTICLE IV
FINAL PLAT REQUIREMENTS
Sec. 4-1. FINAL PLAT
The final plat shall conform to the preliminary plan as approved by the Commission.
It shall be drawn in black ink upon tracing cloth or other permanent material on
sheets of uniform dimension as determined by the Commission and shall be at a
scale of one hundred (100) feet to one inch. Where necessary, the plat may be
on several sheets; in such case, each sheet shall be suitably indexed. For
large subdivisions the final plat may be submitted for approval progressively
in contiguous sections. The final plat shall show the following:
A. REFERENCE AND IDENTIFICATION
1. Title or name of subdivision, written and graphic scale, north arrow
and date of plat.
2. Primary control points or descriptions and ties to such control points,
to which dimensions, angles, bearings, and similar data on the plat
shall be referred. Wherever practicable, in the judgment of the Commission,
primary control points shall be referenced to the State Plane Coordinate
System. At least one comer of a subdivision shall be tied by course and
distance to a corner in a recorded subdivision or in a state land survey,
or to a U. S. Coast and Geodetic Survey Monument. The plat shall include
a note describing the corner marker.
3. Tract boundary lines, right-of-way lines of streets, easements and other
rights-of-way, and property lines and building lines of residential lots
and other sites.
4. Dimensions, bearings or deflection angles and radii, arcs, semi -tangents
and central angles of all curves.
5. Approved name and right-of-way width of each street.
6. Locations, dimensions and purpose of any easements or other right-of-
way.
7. Identification of each lot or site by letter or number.
8. Lines and names of open spaces to be dedicated for public use or
granted for use of the inhabitants of the subdivision.
9. Exact location and description of monuments, lot corners and other
survey points in place.
10. Reference to recorded subdivision plats of adjoining platted land by
record name, County Recorder's book and page numbers, and the names
of owners of adjoining unsubdivided land together with deed references.
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' Sec. 4-7. (Continued)
B. certifications or Restrictions
Certifications by a registered professional engineer or land surveyor
to the effect that the plat represents a survev made or Certified by
him and that all required monuments and markers actually exist, or
' will be installed in accordance with the provisions of this ordinance,
and that their location, size, and material are correctly shown on the
plat.
' 2. Certification of title and statement signed and acknowledged by the
owner, and of all others having interest in the fee title of the
' subdivision, dedicating streets, alleys, easements, parks and other
spaces to public use, or when the subdivider has made provision accep-
table to the City Council for perpetual maintenance thereof to the
inhabitants of the subdivision.
3. Spaces for signatures of the chairman and secretary of the Commission,
attesting approval of the plat.
4. If the subdivision is not to be served immediately by a water utility,
a restriction prohibiting occupancy of any lot until water satisfactory
for human consumption is available from a source on the land, a com-
munity source or a public utility source, an adequate and sufficient
supply for family use and operation of a septic tank and system
approved by the health officer having jurisdiction.
5. If the subdivision is not to be served immediately by a sewage -collecting
systen, connected to a community septic tank or treatment plant or to a
public sewer system, a restriction prohibiting occupancy of any lot until
a septic tank with a capacity of not less than five hundred (500) gallons
and with a drain field of not less than one -hundred fifty (150)feet, or
lesser length as authorized prior to recording of the plat, has been
installed on such lot and has been inspected and approved by the health
officer having jurisdiction.
6. Any special restrictions required by the Commission for the protection
of public health or safety or to insure substantial enjoyment of property
rights of present and prospective owners of property within or adjoining
the subdivision.
Sec. 4-2. Protective Covenants
A copy of protective covenants in form for recording shall be submitted with the
final plat.
Sec. 4-3. Survey Notes
The final plat shall be accompanied by one set of surveyor's closure notes for
the boundary of the subdivision and for each block therein. The notes shall be
referenced in the same manner as the plat. They shall be submitted in the form
prescribed by and for the approval of the city's engineer and the approved notes
shall be deposited as a public document in the engineering records of the City.
11
ARTICLE V
DESIGN STANDARDS
Sec. 5-1. STREET LOCATION AND ARRANGEMENT
A. General Requirements
1. The arrangement, character, extent, width, grade, and location of all
streets shall conform to the City Plan and shall be considered in their
relation to existing and planned streets, to topographical conditions, to
drainage in and through subdivisions, to public convenience and safety in
their appropriate relation to the proposed uses of land to be served by
such street. Specific consideration shall be given to producing desirable
lots of maximum usability and streets of reasonable gradient.
2. Where a residential subdivision abuts or contains the right-of-way of a
railroad or a limited access highway, or abuts a commercial or industrial
land use, the Commission may require location of a street approximately
parallel to and on each side of such right-of-way. The location of such
right-of-way shall be determined with due regard for approach grades,
drainage, bridges or future grade separations, and the appropriate develop-
ment of abutting land.
3. Reserve strips and ajoining offered or existing streets and intended
solely or primarily for the purpose of controlling access to property not
included in the subdivision shall be prohibited.
4. Half streets shall be prohibited, except where essential to the reasonable
development of the subdivision in conformity with the other requirements
of these regulations, and where the Commission finds it will be
practicable to require the dedication of the other half when the adjoining
land is subdivided, the other half of the street shall be platted within
such tract.
B. Street Class Requirements
1. Street layout shall provide for the continuation of existing collector
streets in surrounding areas. Where adjoining land is not subdivided, these
streets shall be pro3ected in such manner as to assure adequate neighborhood
circulation.
2. Local streets shall be so arranged as to discourage their use by through
traffic originating outside the neighborhood.
3. Those local streets designated by the Commission shall be extended to the
tract boundary to provide future connection with adjoining unplatted lands.
In general, these extensions should be not more than one thousand (1,000)
feet apart.
4. Where a subdivision abuts or contains an existing or proposed major street,
the Commission may require frontage streets to separate through and local
traffic, or reverse frontage with screen planting contained in a non -
access reservation along the rear property line, deep lots with rear
service alleys, or equivalent treatment as may be necessary for adequate
protection of residential properties.
Sec. 5-2. STREET DESIGN
A. General Provisions
1. Streets shall be designed with due regard to driver habits and with due
consideration of the abutting uses and of the anticipated destination of
traffic and traffic volumes at full development of the neighborhood within
which the subdivision is located. Where necessary to prevent traffic
congestion and to ease the movement of vehicles to and from principal
traffic generators additional right-of-way width or other special design
shall be provided. Where topographic conditions make other treatment
necessary to secure the best overall design, these standards may be
modified by the Commission upon recommendation of the Plan Administrator.
2. Street right-of-way widths shall be as shown in the City Plan and where
not shown therein shall be designed for the intended use and anticipated
traffic volume at optimum development of the area served. In no case
shall the right-of-way and future roadway widths be less than the amounts
shown in Figure 2. A local street having a total length in excess of
1,200 feet or serving more than 30 dwelling units shall provide a right-
of-way width of not less than 60 feet.
3. A cul-de-sac street shall be not longer than 400 feet and shall be provided
at the closed end with a turn -around having an outside roadway diameter of
at least 80 feet, and a street property line diameter of at least 100 feet.
A cul-de-sac street shall be limited only to the serving of low density
residential development.
B. Grades
1. Street grades, wherever feasible, shall not exceed the following,
Street Type Maximum Percent Grade
Major 4
Collector 6
Local 8
2. Minimum grades for a paved street with concrete shall be 0.30 per cent
and for unpaved streets 0.50 per cent.
C. Horizontal Alignment
Horizontal alignment of streets shall satisfy the following criteria:
1. Major Street - as determined in the City Plan or General Development Plan
or as otherwise recommended by the City's engineer with concurrence of the
Commission.
11
11
I' FIGURE 2
CROSS-SECIIONS FOR STREETS AND HIGHWAYS
' ma(w thorofare; 6,000 vehicles (4 lanes) 8,000 vehicles (b lanes)' � - '
STI
EbFFIC L E' ]S'�It' —IY—+{SIE' VAAIES—J
GS 2 .IqO 1 3 TRAFFIC LgXEB OMOER TO PROVIDE EMCROFNOP 8 TpNFFIC LLNEB
'OF Tp - N PARKING AXD POSBIBLY TWO Po881ELE gODITICn '
.— ]8 FUTVPE TRAFFIC L1NE6--��]8 OF TPLfFO 1Jf.E5
r++
�pnmary :Far e 1,600 vehicles (4 lanes) - 2,300 vehicles (6 lanes)' t
1 –Ia' IY le' EY IY IY—I—Io•–{—n•� oea2 hour prat Yca capacity
PLPK 2 TAAFFIC LANES OIVICER TO PNOVIOE LEFT a TRGPFIO 1JXE8 P1RK
TURN STORAGE LANE RLD
]< FUTURE TALFEIC LAX ES 34'
30'
scold y -'To 0 1 600 v h cies (4 lanes) 2,300 vehicles (6 lanes)`
central sheers
C IE IY I I
ix S I � E Ia • A'. A.LK ]o• A � AL-
E .R D L S 3 TPLFFC LANES WLIX ALLK PIVCYEXT WALX
II yA 3A I
100 ]UL -DE -SAO OR MINOR RESIDENTIAL STREET
t I..ctD .tre_t. 6a5 vehicle] SERVING HOT MORE THAN TWENTY O.V •S
O 1
't�Y— 10'�IE i IY�Ia IY�(S ISS �YY13' 10'-L10' 1•�-LSIE�
j ^X P-0RK EiRAPFIO ILNE$ MRH
4� WALN WALK FARM a TRAFFO LAHEB "AM WAIA
AT 0' 10-
1
1
1
1
1
1
11
Sec. 5-2. STREET DESIGN
C. Horizontal Alignment (Continued)
2. When tangent centerlines deflect from each other more than loo and less
than 500, they shall be connected by a curve with a minimum centerline
radius of 500 feet for collector streets, or 200 feet for local streets.
3. Between reverse curves there shall be a tangent section of centerline
not less than 100 feet long.
4. No street intersecting a meor street shall vary from an angle of
intersection by more than 51. Intersections of collector or local
streets shall not vary from 900 by more than 150.
5. Street jogs with centerline offsets of less than 135 feet shall not be
permitted.
6. local streets intersecting a collector street or major street shall
have a tangent section of centerline at least 50 feet in length measured
from the right-of-way line of the collector or major street; however,
no such tangent is required when the minor street curve has a center-
line radius greater than 400 feet with the center located on the
collector street or major route right-of-way line.
7. At local street intersections, the property line corner shall be rounded
by an arc having a radius of 12 feet. This radius shall be increased
when the smallest angle of intersection is less than 800. At inter-
sections of streets with major and collector streets the property line
corners shall be rounded by an are having a radius of 25 feet. The
Commission may permit comparable cut-offs or chords in place of rounded
corners.
Sec. 5-3. ALLEYS AND EASEMENTS
A. Alleys
1. Alleys shall be provided in commercial and industrial districts and at
the rear of multi -family residential building sites, or in lieu of an
alley an emergency access easement as provided below shall be dedicated
to provide circulation and access for emergency, health, and fire and
safety vehicles.
2. Alleys shall be not less than the following widths: sixteen (16) feet
where residential building sites are provided on both sides and all
alley -located utilities are installed before recordation of the final
plat; twenty (20) feet where all alley utility installations are not
completed prior to recordation of the final plat; twenty (20) feet
wherever residential development abuts commercial or industrial areas;
twenty-four (24) feet where commercial or industrial development abuts
on both sides.
11
Sec. 5-3. ALLEYS AND EASEMENTS
A. Alleys (Continued)
3. Alleys should intersect streets at right angles or radially to curved
streets where sharp changes in alignment cannot be avoided; property
line corners shall be cut off 15 feet on each side to permit safe vehic-
ular movement. Dead-end alleys shall be prohibited except where prior
development of land adjoining the subdivision permits no other reasonable
design; under such circumstances alleys shall be provided with turn-
around or back -around facilities at the dead-end adequate to permit clear
manuevering of sanitation trucks and utility service equipment.
B. Easements Along Alleys
Where alleys are provided an aerial easement shall be furnished four (4) feet
in width on each side of the alley, which may be provided by dedication and not
delineated on the drawing of the final plat.
C. Easements - Other Locations
Easements for utility construction, service, and maintenance shall be provided
in locations approved by the City and affected utilities according to the fol-
lowing standards.
1. Where lots are more than 200 feet deep: sixteen (16) feet wide across
the lot at such location as the Commission may specify.
2. Along side lot lines: six (6) feet on each side of lot lines for distri-
bution facilities; one (1) foot on each side of lot lines for aerial
easement for street lighting connections, which may be provided by dedi-
cation specifying location but not delineated on the drawing of the final
plat.
3. Guy and anchor easements: one (1) foot wide on each side of a side lot
line and approximately 35 feet in length measured from the rear lot line
or other utility pole location.
4. Where the adjoining land has been previously subdivided or is included
in an approved preliminary plan, ten (1) feet along each side of rear
lot lines forming the common boundary.
This requirement shall also apply whenever all easement -located utilities
will be installed prior to recordation of the final plat or arrangements
have been made with each utility for the extension of lines in the ease-
ments before private improvements are begun on the lots served or
crossed by such lines.
5. Where the above provisions cannot be complied with: twelve (12) feet
along the rear line of all lots backing up to the subdivision boundary.
6. Emergency access easements shall have a clear unobstructed width of
twenty-four (24) feet, shall connect at each end to a dedicated public
street or shall have a suitable size turn -around at the dead-end, and
appropriate turning space at inside corners to permit free movement of
fire trucks. An emergency access easement may be used as a driveway to
gain access to parking or loading spaces, but shall not be used for
parking.
Sec. 5-4. BLOCKS
Blocks lengths and widths shall be determined with due regard to:
a. Provision of sites suitable to the class of use contemplated
b. Limitations and opportunities of topography
c. Pedestrian and vehicular circulation within the subdivision, control
and safety of street traffic
d. Convenience of access to community facilities serving the neighborhood
in which the subdivision is located.
Residential and industrial blocks generally shall be not longer than 1600 feet
and business blocks not longer than 1000 feet.
Sec. 5-5. LOTS
Lot design and orientation shall be determined with due regard to the following
standards:
a. Lots shall be consistent with zoning regulations. When the specific
proposed use of a lot or tract depends upon the future granting of a
conditional use permit, lot lines shall also be shown on the prelim-
inary plan appropriate to a use which does not require the granting of
a conditional use permit.
b. Every lot shall abut on a street having a width of not less than 50
feet. The buildable area of every corner lot shall be equal to or be
greater than the average buildable area of interior lots in the sub-
division designated for the same class of use.
c. Lots intended for residential development shall contain not less than
10,000 square feet of area per dwelling unit; provided however that
this requirement shall be waived if adopted zoning regulations apply
to the property and if the minimum area requirements of such regula-
tions are satisfied.
d. Residential lots not served by a public sewerage system and located in
a subdivision which will not be served by a central disposal unit shall
be not less than 80 feet wide and shall comply with the provisions of
Article VI.
Sec. 5-6. BUILDING LINES
Building lines shall be shown on all lots in the subdivision and shall be con-
sistent with zoning requirements. Building lines shall be shown along each
street -facing of corner lots and through lots.
I' Sec. 5-7. RECREATION AND PUBLIC LANDS
' The provision of adequate sites for recreation parks and other public facilities
is a public necessity in an urban area. The acquisition and improvement of these
sites in step with private development of the area served them is of mutual
' benefit to the subdivider and to the public. Therefore the subdivider shall
negotiate in good faith with the city and the other public agencies serving the
area in which the subdivision is located for the provision of these sites No
' final plat shall be accepted for filing with the Commission unless or until this
condition has been complied with. The Plan Administrator shall include in his
report on the final plat, information as to the status of negotiations with
' respect to this provision.
11
11
ARTICLE VI
IMPROVEMENTS REQUIRED IN URBAN SUBDIVISIONS
I, Sec. 6-1. COMPLIANCE REQUIRED
Prior to the Commission's approval of the final plat the subdivider shall comply
or provide for compliance with the policies and procedures set forth in this
ordinance for construction of street improvements and utilities. No building,
sewer, electrical or plumbing permit shall be issued by the City as to any pro-
perty in the subdivision until
1. The tentative plat has been approved; and
2. The working drawings, specifications, and agreements required herein
have been reviewed and approved by the affected agencies and, as
required, by the City Attorney.
Sec. 6-2. CITY DESIGN STANDARDS AND SPECIFICATIONS
There are hereby adopted by reference and made a part of this ordinance design
standards and specifications which shall be controlling in design, construction
and installation of street paving, curbs and gutters, sidewalks, utilities and
other public improvements required herein. All references to City design stan-
dards and specifications shall mean and include those standards and specifica-
tions, together with all exhibits, charts, drawings and diagrams appertaining
thereto, which have been approved by the City's engineer, adopted by the City
Council, and placed on file in the office of the City Secretary.
Sec. 6-3. INSTALLATION AND FINANCING
The subdivider shall arrange with the City and with utility companies franchised to
' serve the area in which the subdivision is located for the contruction costs of
streets and alleys, utility lines and other public improvements. The subdivider
shall also arrange for the sequence of work so that underground utilities shall be
' installed in those portions of streets intended for vehicular traffic before such
streets shall be surfaced. If the several improvements required herein have not
been installed or constructed prior to submission of the final plat then the final
' plat shall bear a restriction that no lot shall be occupied and that no municipal
services shall be extended thereto until the specified utilities and improvements
have been constructed as required by this ordinance.
Sec. 6-4. STREETS, ALLEYS, AND SIDEWALKS
The subdivider shall excavate, fill and grade all new alleys and streets, including
' sidewalk areas, so that pavements and sidewalks may be constructed in accordance
with City design standards and specifications. Residential alleys shall be con-
structed at a width of fourteen (14) feet. Commercial and industrial alleys shall
' be constructed at a width of twenty (20) feet. The grades of sidewalk areas shall
be established so that no extreme or abrupt changes in grade are encountered within
blocks. However, grade variations may be allowed by the Commission at the time of
approval of the tentative plat where because of soil conditions, topography, or
valuable trees, the establishment of such grades for sidewalks would result in un-
due hardship. Sidewalks serving residential and industrial areas shall be con-
structed at a minimum width of four (4) feet. Sidewalks abutting commercial uses
' shall have a minimum width of six (6) feet.
Sec. 6-5. DRAINAGE
The preliminary plan to be filed with the Commission shall be accompanied by
drainage studies and drawings showing proposed grades of streets and drainage
channels and proposed paving action. In support of the proposed design the
following shall be submitted:
1. Runoff figures shall be indicated on the outlet and inlet side of
all drainage ditches and storm dewers, and at all points in the
street at changes of grade or where the water enters another
street or storm sewer or drainage ditch.
2. A general lo.ation map of the subdivision showing the entire
watershed on a U.S. Geological Survey Quadrangle sheet or
similar topographic map.
3. Calculations showing the anticipated storm water flow, including
watershed area, percent runoff, and time of concentration. When
a drainage ditch or storm sewer is proposed calculations shall be
submitted showing the basis for design.
4. When a drainage channel or storm 4ewer is proposed, complete plans
profiles, and specifications sha-1 be submitted showing complete
construction details.
S. When conditions upstream or downstream from a proposed channel or
storm sewer do not permit maximum design, flow, high water marks
based on a twenty-five (25) year frequency, shall be indicated
based on existing conditions. ,
6. Three (3) copies of detailed cost estimates of proposed construction.
Sec. 6-6. STREET NAME SIGNS
The subdivider shall install or shall arrange for the installation of street
name signs satisfying the specifications of the city.
Sec. 6-7. STREET LIGHTING
The preliminary plan to be filed with the Commission shall be accompanied by
two copies of the proposed layout of street lighting standards serving the sub-
division. The type of all proposed and existing street lighting shall be indi-
cated on the layout. The layout shall be accompanied by two copies of detailed
cost estimates of the proposed street lighting system.
'
Sec. 6-8. UTILITIES
A.
Design Standards and Regulations
Utilities required to be installed, or to be provided for, shall be designed
and constructed in accordance with the design standards and specifications
'
of the appropriate utilities franchised to serve the area in which the sub-
division is located, or if none, then the City, and shall conform to
applicable state laws and regulations.
'
B.
Sanitary Sewers
'
Sanitary sewers shall be installed to serve each lot, or tract, in every
subdivision where connection is to be made immediately to a community dis-
posal system or to a public sewerage system. Where such connection is not
to be made immediately, plans shall be submitted with the Final Plat for the
future development and installation of a sewage -collecting system to serve
each lot, or tract, and how those parts of such system which will be in the
portion of streets and alleys intended for vehicular traffic shall be
t
installed.
C.
Water Lines
Water lines adequate for domestic supply and for fire protection needs shall
'
be installed to serve each lot, or tract, in every subdivision where con-
nection is to be made immediately to a covmunity or a utility water system in
accordance with the City design standards and specifications, in subdivisions
outside the City limits, where such connection to a system is not to be made
immediately, plans shall be prepared for future installation of a water -
distribution system to serve each lot, or tract.
D.
Gas Lines
The subdivider shall arrange for and shall file his request at the earliest
'
feasible date for gas service desired for his subdivision. Where a source
of gas supply is not within a reasonable distance for present installation,
but, under a gas line extension agreement, gas service will be extended within
'
five years following the recording of the final plat, those portions of such
lines which will lie within the portions of streets intended for vehicular
traffic shall be installed. In lieu of such installation the subdivider may
defer the paving of streets and alleys until such lines are installed by
making appropriate fiscal arrangements with the City.
E.
Electric Power and Telephone Service
The subdivider shall arrange with the appropriate utility and shall file his
request at the earliest feasible date for electric
power and telephone service
to his subdivision.
' ARTICLE VII
' IMPROVEMENTS REQUIRED IN SUBDIVISIONS OUTSIDE CITY LIMITS
Sec. 7-1. STREETS
New streets, roads and bridges shall be constructed and installed in accordance
with the requirements of the county for acceptance for maintenance, and all
' roads shall be dedicated to the public.
Sec. 7-2. DRAINAGE
Drainage facilities shall be installed in compliance with the regulations of the
county.
Sec. 7-3. ADEQUATE WATER SUPPLY
Water satisfactory for human consumption shall be available to each lot from a
source on the land, a community cource or a public utility source, in an ade-
quate and sufficient supply for family use and operation of a septic tank and
system provided in the following section.
Sec. 7-4. SEPTIC TANK
A septic tank with a capacity of not less than five hundred (500) gallons and
with a drain field of not less than one hundred fifty (150) feet shall be
installed on each lot in accordance with the regulations of the County and
State Health Officers.
ARTICLE VIII
CONFLICTING ORDINANCES, SEPARABILITY CLAUSE, AND EFFECTIVE DATE
Sec. 8-1. CONFLICTING ORDINANCES
Whenever the standard or systems in this Ordinance conflict with those contained
in another Ordinance, the most stringent or restrictive provision shall govern.
Sec. 8-2. SEPARABILITY CLAUSE
Should any portion of this Ordinance be held for any reason invalid or unen-
forced, the same shall not be construed to affect any other valid provision
hereof, but all valid portions to remain in full force and effect.
Sec. 8-3. EFFECTIVE DATE
This Ordinance shall be effective from and after its passage or from and after
the 25th day of April, 1972.
PASSED AND APPROVED this the 20th day of April, 1972, with an effective date
of April 25, 1972.
ATTEST:
City Secretary