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HomeMy WebLinkAboutPR 17101: PUBLIC HEARING TO CONSIDER PROPSED AMENDMENTS TO THE SUBDIVISION REGULATIONS INTEROFFICE MEMORANDUM TO: JOHN A. COMEAUX, P.E., ACTING CITY MANAGER AND CITY COUNCIL FROM: RONALD BURTON, DIRECTOR OF PLANNING SUBJECT: P.R. NO. 17101 - PUBLIC HEARING REQUESTED TO CONSIDER PROPOSED AMENDMENTS TO THE SUBDIVISION REGULATIONS FOR THE CITY OF PORT ARTHUR DATE: 06/04/2012 Attached is P.R. No. 17101 calling for a public hearing to consider proposed amendments to the subdivision regulations for the City of Port Arthur. The 71st Texas Legislative (1989) passed Comprehensive legislation that established the Economically Distressed Areas Program to be administered by the Texas Water Development Board (TWDB). The program gives financial assistance in the form of a grant or a combination grant /loan to provide water and waste water services to economically distressed areas where services do not exist or systems do not meet minimum State standards. The program also includes measures to prevent future substandard development. To qualify for the program, the City of Port Arthur is being asked to make specific amendments to it Subdivision Regulations (adopted August 2008). The public hearing shall be held Tuesday, July 24, 2012 at 9:00 a.m. P.R. NO. 17101 06/04/2012 - RB /PDL RESOLUTION NO. A RESOLUTION CALLING FOR A PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO SECTIONS 98- 201, 98 -202, 98 -203, 98 -204, 98 -205, 98 -207, 98 -211, 98- 213 AND 98 -216 OF THE SUBDIVISION ORDINANCE FOR THE CITY OF PORT ARTHUR IN COMPLIANCE WITH TITLE 31, TEXAS ADMINISTRATIVE CODE, CHAPTER 364 WHEREAS, the Texas Water Development Board has an Economically Distressed Areas p Y Program (EDAP), of which the City wishes to apply; and, WHEREAS, before an application for financial assistance from Economically Distressed Areas Program may be considered by the TWDB, the applicant shall provide documentation satisfactory in form and in substance that the municipality, if applicable, and county in which the applicant is located has adopted the necessary orders, ordinances, or other rules that meet the requirements of the Model Subdivision Rules contained in Subchapter B of this chapter; and, WHEREAS, the City of Port Arthur is required to make specific amendments to its Subdivision Ordinance (adopted August 2008) to qualify for financial assistance; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the facts and opinions in the preamble are true and correct. THAT the Planning and Zoning Commission reviewed this case on May 7, 2012. THAT a public hearing to consider proposed amendments to Sections 98 -201, 98- 202, 98 -203, 98 -204, 98 -205, 98 -207, 98 -211, 98 -213 and 98 -216 of the Subdivision Regulations for the City of Port Arthur, Jefferson County, Texas as delineated in Exhibit "B" shall be held on July 24, 2012 at 9:00 a.m. in the City Council Chambers, Fifth Floor, City Hall, 444 Fourth Street. P.R. NO. 17101 06/04 /2012 - RB /PDL PAGE 2 OF 2 THAT notice of the public hearing shall be published at least fifteen days prior in the official newspaper of the City before going to the City Council. THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this day of , A.D. 2012, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: MAYOR COUNCILMEMBERS: NOES: Deloris "Bobbie" Prince, Mayor ATTEST: Sherri Bellard, City Secretary P.R. NO. 17101 06/04/2012 - RB /PDL PAGE 3 OF 3 APP OVE : S TO FORM: Valecia Ti no • City Attorney APPROVED FOR ADMINISTRATION: John A. Comeaux, P.E., Acting City Manager e►���`� Ronald Burton, Director of Planning EXHIBIT "A" : Texas Administrative Code Page 1 of 1 «Prev Rule Texas Administrative Code Next Rule» TITLE 31 NATURAL RESOURCES AND CONSERVATION PART 10 TEXAS WATER DEVELOPMENT BOARD CHAPTER 364 MODEL SUBDIVISION RULES SUBCHAPTER C MODEL RULES (MUNICIPALITY) DIVISION 2 MUNICIPALITIES WITH EXISTING SUBDIVISION ORDINANCES RULE §364.90 Rules To Be Adopted Municipalities that have adopted and have in effect other subdivision ordinances shall adopt and incorporate those requirements of the model rules set out in Subchapter B of this chapter which are necessary to make the existing ordinances consistent with the goal and intent of the model rules to provide minimum standards that assure adequate water supply and wastewater services to subdivisions within the municipality. Source Note: The provisions of this §364.90 adopted to be effective February 10, 2000, 25 TexReg 800 http:/ /info. sos.state. tx.us /pls /pub /readtac$ext.TacPage ?s1 =R &app =9 &p_dir= &p_rloc= &p_tl... 6/8/2012 : Texas Administrative Code Page 1 of 1 Texas Administrative Code Next Rule» TITLE 31 NATURAL RESOURCES AND CONSERVATION PART 10 TEXAS WATER DEVELOPMENT BOARD CHAPTER 364 MODEL SUBDIVISION RULES SUBCHAPTER C MODEL RULES (MUNICIPALITY) DIVISION 2 MUNICIPALITIES WITH EXISTING SUBDIVISION ORDINANCES RULE §364.91 Minimum Requirements Subdivision ordinances adopted by a municipality must be reviewed and modified as necessary to incorporate the minimum standards contained in the model rules set out in Subchapter B of this chapter, including the following: (1) application of the ordinances to the subdivision of a tract of land within the corporate limits of the municipality and the extraterritorial jurisdiction of the municipality into two or more lots of five acres or less intended for residential purposes; (2) preparation of a subdivision plat to be approved by the municipality and filed for record with the county clerk after approval; (3) water supply standards consistent with the standards developed by the commission and set out in 30 TAC Chapter 290. (4) prohibition of individual water wells or non - public water systems that do not meet the water quality standards developed by the commission and set out in 30 TAC § §290.104, 290.106, 290.108 and 290.109; (5) wastewater collection and disposal system standards consistent with the standards developed by the commission and set out in 30 TAC Chapters 305 and 317 and in Health and Safety Code, Chapter 366; (6) prohibition of pit privies, portable toilets, and on -site sewerage facilities that do not meet the wastewater treatment standards developed by the commission and set out in 30 TAC Chapter 285; (7) setback limitations consistent with local fire code requirements; (8) prohibition of more than one single family detached dwelling per subdivision lot; (9) preparation of an engineer's report consistent with §364.52 of this title; and (10) requirements for posting of a financial guarantee to assure completion of water supply and sewer service facilities required by the approved plat and consistent with this chapter. http:/ /info. sos.state.tx.us /pls /pub /readtac$ext.TacPage? s1 =R &app= 9 &p_dir= &p_rloc= &p_tl... 6/8/2012 Economically Distressed Areas Program Texas Water Development Board Page 1 of 4 Texas Water Development Board Sustainable, affordable, quality water for Texans, our economy, and our environment. Economically Distressed Areas Program (EDAP) Economically Distressed Areas Program is established in 1989 by the 71st _ Texas Legislature, and provides grants, loans, or a combination grant /loan when requirements are met: gif m , 4 • For water and wastewater services; • In economically distressed areas; and • Present facilities are inadequate to meet residents' minimal needs. • Includes measures to prevent future substandard development. The EDAP Status Report is updated quarterly and shows a map of counties that have participated in the program. View more detail for the EDAP Program. What Areas are Eligible to Receive the Financial Assistance? Under the law, projects must be located in economically distressed areas. An economically distressed area is one which has a median household income that is not greater than 75% of the median state household income. What Can Be Funded? The EDAP provides funding for: • Planning • Acquisition • Design • Construction Costs associated with water supply, wastewater collection, and treatment works projects. The program does not fund ongoing operation and maintenance expenses. The EDAP applicant is responsible for operation and maintenance of the system. The Board will work with an applicant to establish a financial assistance plan to access the Board's programs that will be based on specific timing and needs of the applicant. Board staff will also assist in providing joint http: / /www.twdb. state. tx .us /financial /programs /edap.asp 6/8/2012 Economically Distressed Areas Program I Texas Water Development Board Page 2 of 4 funding by the EDAP and other available Board financial programs, and with other state and /or federal agencies. Facility Plan Funding (Chapter 355 -Board Rules) The EDAP provides funding for facility plans that evaluate the eligibility of the service area; identifiy existing utility systems needs, and evaluate cost- effective alternatives to meet the identified needs. The Board may consider funding up to 75% of the cost of the facility plan: • At least one -half of the 25% applicant share must be in cash; and • The remaining portion may be in the form of in -kind contributions. In certain hardship cases, identified in Board Rules, the Board may fund up to i00% of the facility plan. Planning, Acquisition, Design and Construction Funding (Chapter 363 -Board Rules) The EDAP provides planning, acquisition, design and construction phase funding for projects that have been determined eligible for the program. Funding is available in a two (or more) phase application process. The first phase is funding for planning, acquisition and design (PAD) which is offered at 50% -i00% grant (a). PAD phase activities must be completed, and approved by Board staff, prior to consideration of a construction phase financial application. The second phase which is the construction phase funding is available in a combination grant and loan. The amount of the loan is determined by a grant -to -loan calculation which is based on either the applicant's existing capital component or on regional benchmarks. (a) State law requires a determination of an existing health and safety nuisance issued by the Texas Department of State Health Services for grant funding greater than 5o% from the EDAP. Board staff will process request for nuisance surveys for EDAP applicants once eligibility determinations have been made. Who Can Apply? All political subdivisions, including: • cities, • counties, • water districts, and • non -profit water supply corporations. The applicant, or its designee, must be capable of maintaining and operating the completed system. The applicant is responsible for securing any necessary water permits or rights, wastewater discharge permits, and any other required licenses. The applicant must have or be applying for any required Certificate of Public Convenience and Necessity (CCN) for the project area. If the applicant is required under Chapter 13 of the Water Code to have a CCN in order to provide service to the proposed project area, to be considered for EDAP funds, the applicant must have or be applying for the CCN. How Do I Apply? Typically, an applicant submits a financial application to fund preparation of a facility plan. The first step in the application process is to schedule a pre - application conference with Board staff. The purpose of the conference http: / /www.twdb. state. tx.us /financial /programs /edap.asp 6/8/2012 Economically Distressed Areas Program1 Texas Water Development Board Page 3 of 4 is to discuss the proposed project and provide any needed guidance and assistance to potential applicants. Requesting a pre - application conference does not in any way obligate an applicant to continue the process.. • Financial Assistance Application Procedure Guidelines • Program Guidance Manuals and other forms and guidelines • Tentative Board Meeting Schedule Are There Any Other Special Requirements? The county where the project is located must adopt Model Subdivision Rules for the regulation of subdivisions prior to application for financial assistance. If the applicant is a city, the city must also adopt Model Subdivision Rules. State law requires a determination of an existing health and safety nuisance issued by the Texas Department of State Health Services for grant funding greater than 5o% from the EDAP. Board staff will process request for nuisance surveys for EDAP applicants once eligibility determinations have been made. The applicant must apply for and maintain a designation by the Texas Commission on Environmental Quality (TCEQ) as an Authorized Agent for the regulation of on -site waste disposal facilities. The county must also prepare a map that shows where different types of on -site sewage disposal systems are appropriate. If the project also receives grant funding through the Colonia Wastewater Treament Assistance Program, then the project is subject to the Environmental Protection Agency rules in 4o CFR Part 31. In its procurement activities, the applicant will need to make good faith efforts to obtain services, materials and construction from minority and women -owned business enterprise firms. What Are the Conditions of the Financial Assistance? Security Instrument: Bonds or loan agreements as appropriate per the applicant's requirements for debt issuance. Pledge: System revenue, contract revenue, ad valorem tax, and tax and revenue pledges are typically required. Length of Loans: 20 years. Interest Rates: Interest rate webpage. Where Can I Get More Information? For additional information please contact the Texas Water Development Board, Project Finance: (512) 475 0590. Texas Water Development Board. 1700 North Congress Avenue, Austin, TX 78701 1 TEL: 512 • American Recovery and Reinvestment Act • TNRIS • Water IQ • WIID System • Save Texas Water • TRAIL • Texas Online http: / /www.twdb.state.tx.us /financial /programs /edap.asp 6/8/2012 Economically Distressed Areas Program I Texas Water Development Board Page 4 of 4 • TWICC • Water Exploration • Texas Water Smart http: / /www.twdb.state.tx.us /financial /programs /edap.asp 6/8/2012 P.R. NO. 17101 06/04/2012 - RB /PDL EXHIBIT "A" City of Port Arthur Subdivision Rules Revisions to Comply with the Model Subdivision Rules (31 Tex. Admin. Code Ch. 364) In order to understand the context for this analysis, the following is a brief discussion of what the Texas Water Development Boards looks for in a Model Rules review. A. Existing Law Before an application for EDAP funds under Subchapter K, Chapter 17 of the Water Code may be considered by the Board, a county or city must adopt and enforce the Model Rules. Applicant for EDAP funds under Subchapter K, Chapter 17 of the Water Code may not receive funds under these provisions unless the applicable county or city adopts and enforces the Model Rules. B. How the Board Reviews a Political Subdivision's Compliance with the Model Rules To determine whether a county or city is in compliance with the Model Rules, Board legal staff reviews the subdivision regulations for that respective political subdivision to determine whether the subdivision regulations conform to the minimum requirements of the Model Rules and whether they were adopted in accordance with all applicable law. After the Model Rules are adopted and have been implemented by the city or county, staff reviews the three most recent residential subdivision plats that create lots of five acres or less approved by the political subdivision to determine whether the political subdivision is adequately enforcing the provisions of the Model Rules. C. The Final Engineering Report Component One of the most important aspects of the platting documentation required by the Model Rules and the city's regulations is the final engineering report. ' For a final plat for residential subdivision to be approved , the plat must have on or attached to it a copy of a final engineering report for the subdivision that details the planned water and wastewater facilities for the subdivision. This engineering report must be signed and sealed by a professional engineer registered in the State of Texas. This engineering report must describe the water and wastewater facilities serving or intended to serve the subdivision, including a cost breakdown per lot, whether all fees have been paid, and any construction dates (estimated or completed). If the facilities have not been built at the time of final plat approval, the city must enter into a construction agreement with the subdivider secured by a financial guarantee in order to make sure that such facilities will be built (the "built or bonded" provision). This issue must be clearly addressed in the final engineering report, also. In addition, the final engineering report must indicate whether water service will be provided by a) connecting to an existing public water system, b) a utility created by the subdivider, or c) individual wells or other non - public systems. The final engineering report must indicate whether the wastewater service is being provided by a) treatment by an existing retail public utility, b) collection and treatment by a utility created by the subdivider, or c) treatment by on -site sewerage facilities. Depending on how the subdivision is to receive water and wastewater service, certain documentation needs to be submitted at the time of the final plat approval to supplement the information in the final engineering report (such as any necessary water and wastewater service agreements). Approval of final plats for residential subdivisions is improper if these requirements of the Model Rules are not followed. D. Review of the City of Port Arthur Subdivision Regulations I reviewed the City of Port Arthur Rules (as adopted August 12, 2008); and I have the following comments. In general, the City of Port Arthur has rules in place that reflect the purpose of the Model Rules. Before I can certify that the City's regulations provisions are consistent with the Model Subdivision Rules (the Model Rules), however, certain specific amendments need to be made to the City's Rules. Throughout the discussion below, the term "Section # # - # # #" will refer to sections of the City's Rules and "Rule 364. # #" will refer to sections of the Model Rules as found in 31 TAC ch. 364. 1. Under Division 3: Final Plat, Section 98 -201 states that before final plats are submitted to the commission, all final must be in full accordance with the required certification. However, Rule 364.15 (b) is more specific. It states that no subdivided land shall be "sold or conveyed" until a plat receives final approval by the county and is recorded with the County Clerk. This eliminates the possibility of a developer selling lots before final plat approval. The language in Section 98 -201 does not appear to protect against this possibility as it does not discuss the possible sale or conveyance of the subdivided land. 2. Section 98 -203 sets out the requirement prior to plat approval. In addition to the items listed, a statement needs to be added that prohibits more than one single - family dwelling on each lot, consistent with Rule 364 -37. 3. A statement needs to be added to Section 98 -203 that states "a subdivision with lots of five acres or less is presumed to be a residential development unless the land is restricted to nonresidential use on the final plat and all deeds and contracts for deeds." 4. A statement needs to be added to Section 98 -203 requiring a detailed cost estimate for those unconstructed water and wastewater facilities necessary to serve each lot be attached to the final plat for approval. (See Rules 364.54) 5. A statement needs to be added to Section 98 -203 requiring a construction schedule for each significant element needed to provide adequate water or wastewater facilities be attached to the final plat for approval. (See Rules 364.54) 6. The Model Rules require an executed service agreement be attached to the final plat when the subdivider /owner proposes to connect to an existing public water system. Here is no similar provision in the City's Rules. The Model Rules require certification of water availability sealed by a licensed Professional Engineer (See Rules 364.32 and 364.52) 7. The model Rules also requires a contractual agreement between the subdivider and the retail public utility be attached to the final plat when the subdivider proposes to connect to an existing sewer system. There is no similar provision in the City's Rules. (See Rules 364.33 and 364.52) With these modifications, the City of Port Arthur Rules would comply with the Model Subdivision Rules promulgated by the Board. For your convenience in working with this analysis, attached is a copies of a FAQ sheet on the model Rules, a copy of the current Model Rules, and the Model Rules Appendices. EXHIBIT "B" L P.R. NO. 17101 06/04/2012 - RB /PDL EXHIBIT "B" Port Arthur, Texas, Code of Ordinances » PART I1 - CODE OF ORDINANCES » Chapter 98 - SUBDIVISIONS » ARTICLE III. - PLATS » DIVISION 3. - FINAL PLAT » Sec. 98 -201. - Monuments /benchmark (a) Before submittal to the !' - Zonin• Commission, all final plats must be in full accordance with the required certification made upon the plat by a registered engineer or land surveyor ascertaining that the plat represents a survey made by him and that all necessary monuments and benchmarks are accurately and correctly shown as they are set on the ground. No Subdivided land shall be "sold or conveyed" until a plat has been recorded by the County Clerk.. (b) The subdivider's engineer (or registered surveyor) shall place on the ground a combination monument/benchmark at each corner and angle point of the boundaries of the tract to be subdivided. Where any boundary line of a subdivision is longer than 1,300 feet, intermediate benchmarks shall be established along that line so that the maximum distance between benchmarks along any boundary line is approximately 1,300 feet. The location and elevation of each monument/benchmark shall be shown on the final plat. \ (c) The subdivider's engineer shall set monuments (which need not be benchmarks) at all street intersections, angle points in street lines and points of curve, and at such intermediate points as shall be required by the city. Such monuments shall be of iron pipe not less than three - quarters of an inch in diameter or a suitable substitute approved by the city engineer and three feet in length, driven securely into solid earth with the grades of the monuments being at grade with an established sidewalk, or if the walk is not established, flush with the natural grade of the earth's surface. (d) Location and elevations of required subdivision benchmarks and monuments shall be indicated in relation to a horizontal and vertical control system as may hereafter be established by the city; provided, however, that the requirements for subdivision benchmarks and monuments shall not be conditioned upon the existence of a city control system. Sec. 98 -202. - Submittal. After complian4 10c0e with the procedure described in section 98 -201 and a preliminary plat has been approved by the ALHAD - rF i • Zonin • ®om i ission, the subdivider shall prepare and submit to the director of planning for filing with the commission, not Tess than eight days prior to any meeting of the commission at which the plat is to be considered, the following information: The original and five copies of a final plat and certified by a professional engineer or surveyor registered by the state. The plat shall be drawn on one or more sheets (each measuring 24 inches by 36 inches) of tracing linen, plastic or their equivalent with waterproof black tracing ink or reproduced by photographic process on linen, plastic or their equivalent to scale from an accurate survey made on the ground, and in all respects shall be neat. The final plat shall not show zoning information, construction features, cross sections, public utility lines or other structures not involved in the title covenant. The final plat shall be drawn at a scale of 100 feet to one inch. Sec. 98 -203. - Requirements prior to plat approval. Before the final plat shall be signed and its recording permitted by the planning and Voning Commission, ;compliance with the following requirements shall be made, where applicable: (1) No more than one single family detached dwelling shall be located on each lot in a pin Family Zoned District. A notation of this restriction shall be placed on the face of the final plat. This restriction shall be placed in all deeds and contracts for deeds for real estate sold within the subdivision. Proposals which include two (2) Family or Multi amity residential shall include adequate, detailed planning materials as required for determination of proper water and wastewater utility type and design. A subdivision with lots of five (5) acres or less is presumed to be a residential development unless the Land and /or the Zoning is restricted to non - residential use on the final plat and all deeds and contracts for deeds. (2) Complete and detailed construction plans and written specifications (indicating the method of construction and the materials to be used and specifying all construction equal to or better than city standards, and certified to by a professional engineer registered by the state) shall be submitted for: a. A detailed cost estimate for those unconstructed water and wastewater facilities necessary to serve each lot shall be attached to the final plat for approval] b. A construction schedule for each significant element needed to provide adequate water or wastewater facilities shall be attached to the final plat for approval] c. The water distribution system showing the size and location of all existing and proposed water mains, service lines, valves, fire hydrants and all other water distribution appurtenances within the proposed subdivision, also the location and method of connecting the proposed water lines, water mains and water services to the existing city system (a) Public water systems. (1) Subdividers who propose to supply drinking water by connecting to an existing public water system must provide a written agreement with the city in substantially the form as shown. The agreement must provide that the city water system has or will have the ability to supply the total flow anticipated from the ultimate development and occupancy of the proposed subdivision for a minimum of 30 years. The agreement must reflect that the subdivider has paid the cost of water meters and other necessary connection equipment, membership fees, water rights, acquisition costs, or other fees associated with connection to the public water system so that service is available to each lot upon completion of the water facilities described on the final plat. Beford final plat approval, plans and specifications for the proposed water facilities shall have beer approved by all entities having jurisdiction over the proposed project which may include in! addition to the count i the Planning and Zoning Commission and the County Health pepartment Attached Graphic (b) Transportation of potable water: The conveyance of potable water by transport truck or other mobile device to supply the domestic needs of the subdivision is not an acceptable -- I method, except on an emergency basis. Absence of a water system meeting the standards of these rules due to the negligence of the subdivider does not constitute an emergency.. (c) Where there is no existing retail public utility to construct and maintain the proposed sewerage facilities; the subdivider shall establish a retail public utility and obtain a ©Ala%) Chi ronv_eni -er�ce a ecessity C= _�) from the commission. Before final plat approval, a wastewater treatment permit authorizing the treatment of the wastewater for the ultimate build- out population of the subdivision shall have been obtained from the Texas Commission o �r�, irorI a Q a.ity and plans and specifications for the proposed sewerage facilities shall have been approved by all entities having jurisdiction over the proposed project. .(d) On -site sewerage facilities. Where private on -site sewerage facilities are proposed, the final engineering report shall include planning materials required by 30 TAC 285.4(c), including the site evaluation described by 30 TAC 285.30 and all other information required by the county's OSSF order._ The ci y may, at its option require additional information necessary to determine the adequacy of proposed water and wastewater improvements as part of t he plat approval process. Such information may include, but is RootAli2r.htt j(1) layout of proposed street and drainage work; (2) legal description of the property; (3) existing area features; (4) topography;. (5) flood plains; (6) description of existing easements; (7) layout of other utilities; (8) notation of deed restrictions; (9) public use areas; or (10) proposed area features. e. The sanitary sewer system showing by plan and profile the size, location and gradient of all existing and proposed sanitary trunk lines, laterals, manholes and services within the proposed subdivision and the location and method of connecting the proposed sewer system into the existing city sanitary sewer system; f. The stormwater drainage system showing by plan and profile the means and the methods of draining the proposed subdivision, showing in detail all existing and proposed drainage structures and the means and methods of connecting the proposed drainage system into the existing drainage system; g. All proposed bridges or culverts within the proposed subdivision, showing in detail, by plan and /or profile, the structural members, connectors, railing, approaches, reinforcing steel and deck; h. All existing and proposed streets, alleys and sidewalks within the proposed subdivision, showing by plans and profiles the width of the rights -of -way; the widths of the proposed roadways; the gradient of all curb lines; the location and size of all drainage inlets; and the type of pavement. (All of the above - required plans and specifications must be reviewed by the director of planning and approved by the city engineer and water utilities manager before the chairman of the commission shall sign the plat and permit it to be recorded.) (2) Except where the subdivision improvements have been previously completed in accordance with the city standards and plans and specifications, approved by the city engineer and water utilities manager, the developer shall either: l a. File a performance bond with the city executed by a corporate surety authorized to do business in the state, conditioned that the required improvements within the subdivision shall be completed in accordance with the approved plans and specifications. Such bond will be in an amount equal to the estimated cost of actual construction of such improvements plus engineering fees, less the amount of the actual cost that is to be borne by the city (or the county), if any, as specified by the city engineer. Such bond shall be payable to the city and shall guarantee completion of all required improvements within two years from the date of final approval of the plat. If any or all of the required improvements are not completed within the time specified in such bond, the city may let or relet the contract or contracts and the subdivider and surety shall be severally and jointly liable for the cost of such improvements. The bond may provide for extensions of time under conditions approved by the city council and for the termination of the bond upon vacation of the plat. b. Deposit in escrow funds sufficient and for the purpose of the required improvements, with a bank or other institution suitable to the city as escrow agent. Such funds shall be paid out only as the required improvements are constructed and approved by the city, and such escrow agreement provides that on failure of the developer to complete the required improvements within two years of final plat approval, the city may proceed to construct such improvements by contract or otherwise and secure payment therefore from the escrow funds. Sec. 98 -204. - Approval. (a) The T anning and Zoning Commission' shall render a decision thereon within 30 days from the date hat plat and other information er , submitted to the Planning and Zoning pommission by the director of planning. Such decision shall consist of approval or disapproval. Reasons for disapproval shall be furnished la the subdivider in writing. (b) On approval of the plat, provided that such plat has been otherwise fully and properly endorsed and specifications for the subdivision as required in this chapter have been reviewed by the director of planning and construction plans approved by the city engineer and water utilities manager, the chairman of the commission shall sign the space provided. (c) Final approval will expire one year after the commission action granting approval for any plat that has not been filed for record. Sec. 98 -205. - Recording. (a) Within one year after final approval and proper endorsement has been obtained and all requirements of this chapter have otherwise been complied with, the plat, and all other instruments that may be required to be recorded, shall be filed with the county clerk for recording. No changes, erasures, modifications or revisions shall be made ® any plat of a subdivision or to any required instrument after approval has been given by the plannin and Zoning, Commission land endorsed L the Chairman, unless such change, modification or revision is first submitted to and approved by the Planning and Zoning, ommission'. After approval of a final plat and prior to its recording, no conveyance or encumbrance affecting the platted streets, easements, parks or other areas of public dedication or reserves for public use shall be made by the developer. Recording costs shall be borne by the subdivider. (b) Within 30 days of the time the subdivision plat has been recorded, the original drawing or a reproducible copy of the recorded plat shall be furnished g the director of planning at the developer's expense. Sec. 98 -206. - Conformance to division requirements. The final plat shall include and conform to the requirements in sections 98- 207 -98 -216, where applicable. Sec. 98 -207. - General principles of acceptability. (a) The subdivision shall conform to the comprehensive plan and the major thoroughfare plan of the city and any separately adopted parts. (b) The subdivision layout shall make reasonable provisions for development of adjacent land. (c) Subdivisions shall fit and take advantage of topography and solar orientation to the end that good building sites are provided and utilities can be provided most economically. (d) Subdivisions shall conform to all applicable zoning regulations. No subdivision shall be approved that requires a change in zoning biter consideration of the subdivision glad (e) Subdivisions shall conform to all applicable provisions of chapter 42 (floods) of this Code; specifically including, but not limited to, section 42 -94, standards for subdivision proposals. Sec. 98 -208. - Title of plat. The title of the plat shall show: (1) Proposed name of subdivision. The name shall not duplicate or too closely approximate, phonetically or otherwise, the name of any subdivision within the city or its extraterritorial jurisdiction. (2) Legal description of location of subdivision. This description shall be sufficient for the requirements of title examination. (3) Total number of lots and blocks. (4) Name of owner. If owner is a company or corporation the name of a responsible individual such as president or vice - president must be given. (5) Name of engineer or surveyor certifying the plat. (6) North point. North to be at the top of sheet, if possible. (7) Scale of plat. (8) Date, each revision to bear new date. Sec. 98 -209. - Key map, boundaries and existing features. (a) A vicinity or key map shall be included to show relation of proposed subdivision to major streets, railroads, watercourses and other important features in all directions to a reasonable distance. (b) Boundaries and existing features shall be included as follows: (1) Ownership or outline of the tract the plat is proposed to subdivide shall be shown with very heavy, solid lines. The boundaries shall be described with complete and overall dimensions and bearings and be tied to an original corner of the original survey of which the proposed subdivision is a part. (2) The location, width and name of existing streets, subdivisions, and any blocks, lots, tract (to include numbers or other designations), alleys, easements, fee strips, pipelines, building lines, watercourses or other important features or significant information shall be shown within the plat boundary and on all sides for a distance of not less than 200 feet. Lines or indications outside the plat boundaries shall be dashed. (3) All flood zones and flood zone boundaries, as indicated on the applicable flood insurance rate map (FIRM), within the plat boundary shall be shown. Sec. 98 -210. - Public sites and open spaces. (a) Where the site of a proposed park, playground, school or other public use shown in the comprehensive plan is located, in whole or in part, in a subdivision, the commission may require that the developer allow the city or other appropriate public agency to purchase an option to buy the site for a period of two years. (b) Where deemed essential by the commission, upon consideration of the particular type of development proposed in the subdivision, and especially in large scale neighborhood unit developments not anticipated in the comprehensive plan, the commission may require that the developer allow the city or other appropriate public agency to purchase an option to buy areas or sites of a character, extent and location suitable to the needs created by such development for schools, parks and other neighborhood purposes for a period of two years. (c) During the period of the option, the land shall be offered for sale to the appropriate public agency at a price consistent with the value of raw land in the area, plus the pro rata cost of improvements. - (d) If an option to buy is purchased, the area shall be shown on the plat as a reserve for the purpose intended. If the land is not purchased at the end of the option period, the developer may submit a plat of the reserved area under the provisions of this chapter. (e) When the subdivision abuts an area developed with or specified for high or mid -rise buildings (or in the case of a planned unit development which will be developed with high or mid -rise buildings), the location of open space, whenever possible, shall be such that it will protect shorter structures from shadows cast by taller buildings. Sec. 98 -211. - Streets, alleys and sidewalks. (a) Generally. (1) Major streets and highways shall be provided as shown on the major thoroughfare plan. The street pattern of a neighborhood shall provide adequate circulation within the subdivision and yet discourage excessive through traffic on minor or local streets. The arrangement, character, extent, width, grade and locations of all streets shall be considered in their relation to existing and planned streets, to topographical conditions, to public safety and convenience, and in their appropriate relation to the proposed uses of the land to be served by such streets. The street layout shall be devised for the most advantageous development of the entire neighborhood development and shall conform to connecting streets in land adjacent to the new subdivision. Dead -end streets without cul -de -sacs shall not be permitted. Primary collector streets shall be provided with adequate spacing, width and continuity to perform their function but shall not be so long as to encourage through traffic. Where a subdivision abuts or contains an existing or proposed major street (as indicated in the major thoroughfare plan), reverse frontage lots may be required. When reverse frontage lots are required, access shall be denied to the major street, and screen planting or a screening fence, as defined in section 18- 457 (required screening) of article X (fences and walls) of chapter 18 (buildings) of this Code, shall be required on private property along the rear property line abutting each existing or proposed major street. Paved alleys shall be provided in commercial and industrial developments, except where other definite and assured provision is made for service access, such as off - street loading, unloading and parking consistent with and adequate for the uses proposed. (2) Streets shall be designed so that at least 80 percent of the buildings in the subdivision can be oriented with their long axes parallel to nine degrees south of west with a possible variation to six degrees north of west or to 25 degrees south of west. Exceptions to the required orientation may be granted (in accordance with section 98 -91) when it is shown that strict compliance is infeasible due to: the size, configuration or orientation of the property; the nature (g) Block length. (1) Maximum block length for single - family residential development shall be 1,200 feet, measured along the center of the block, when the average lot size is 6,000 square feet or Tess. If the average lot size is larger than 6,000 square feet, the block length shall be reasonable but shall not exceed 2,000 feet. (2) Maximum block length along a major thoroughfare, railroad, body of water or similar barrier shall be 2,500 feet, except under special conditions and upon approval by the commission. (h) Partial or half - streets. (1) Partial or half- streets should be avoided but may be provided inside the city limits where the commission feels that a street should be located on a property line to permit reasonable development. (2) Any such dedication of a partial or half- street shall require that the following note be shown on the final plat: "This foot strip is dedicated as an easement for all utility purposes including storm and sanitary sewers and shall automatically become dedicated for street purposes when and in so far as a foot strip adjacent to it is dedicated for public street purposes. (3) Whenever a partial or half- street has already been provided adjacent to a tract to be subdivided, the remaining half or width necessary to meet the minimum requirements for full right -of -way shall be platted within such subdivision. (i) Provisional reserves. A provisional one -foot reserve, to be used along the side or end of streets that abut undeveloped acreage tracts, shall be provided and the following note shall be shown on the face of the final plat: "One -foot reserve dedicated to the public in fee as a buffer separation between the side or end of streets in subdivision plats where such streets abut adjacent acreage tracts, the condition of such dedication being that when the adjacent property is subdivided in a recorded plat, the one -foot reserve shall thereupon become vested in the public for street right -of -way purposes (and the fee title thereto shall revert to and revest in the dedicator, his heirs, assigns, or successors)." (j) Street names. If a proposed street may be or become an extension of an existing street even if not immediately adjoining the existing street, the name of the proposed street shall conform to the name of such existing street; otherwise the name of the proposed street shall not duplicate, conflict with or have phonetic similarity with the recognized name of any other street located in the city or its extraterritorial jurisdiction. Sec. 98 -212. - Engineering data. (a) Generally. Accurate dimensions, both linear and angular, of all items on the plat at a scale of one inch equals 100 feet. The boundary of the site shall close within one in 10,000. Linear dimensions shall be expressed in feet and decimals of a foot; angular dimensions may be shown by bearing. (Preliminary plats may contain approximate data.) (b) Streets and alleys. The following information shall be provided for streets and alleys: (1) Complete curve data (P.C., L.R., P.R.C., P.C.C., P.T., etc.) shown on each side of streets and alleys. (2) Length and bearings of all tangents. (3) Dimensions from all angle points and points of curve to an adjacent side lot line. (4) Actual width of all streets and alleys, measured at right angles or radically where curved. (c) Lots. Complete bearings and dimensions for front, rear and side lot lines. The following note for side lot lines may be used when applicable in lieu of bearings: "All side lot lines are either perpendicular or radial to street frontage unless otherwise noted." (d) Watercourses and easements. (1) The location, width and high -bank of watercourses, ravines and drainage easements shall be shown. (2) Distances shall be provided along the side lot lines from the front lot line to the point where the side line crosses the drainage easement line or the high bank of a stream. (3) Traverse line shall be provided along the edge of all large watercourses in a convenient location, preferably along a utility easement or paralleling the drainage easement or stream. (4) Pipelines having no defined easement location or width shall be tied by dimensions to all adjacent lot and tract corners. If no agreement can be reached on a defined easement, building setback lines shall be shown at a distance of ten feet and parallel to the centerline of the pipeline. Sec. 98 -213. - Lots. (a) Generally. The lot design shall provide for lots of adequate width, depth and shape for solar orientation, to provide open area, to eliminate overcrowding, and to be appropriate for the location of the subdivision and for the type of development contemplated. Lots and building setback lines shall be designed so that at least 80 percent of the buildings in the subdivision can be oriented with their long axes parallel to nine degrees south of west with a possible variation to six degrees north of west or to 25 degrees south of west. Exceptions to the required orientation may be granted as provided in section 98- 211(a)(2). ■11 lots shall front on ari m roved dedicated str (b) Rear and side driveway access. Rear and side driveway access to major streets or highways shall be prohibited (item (3) of the dedication form contained in section 98- 216(a) is to be used when lots have back or side access to major thoroughfares or freeways). See also section 98- 216(a)(3). (c) Double frontage lots. Double frontage Tots are prohibited except when backing on major streets or highways, with no access allowed to major streets or highways. (d) Minimum lot sizes. No lot shall have a width, depth or land area less than prescribed in the regulations for the zoning district in which the subdivision is located. In the case of a subdivision outside the city, no lot width shall have a width, depth or land area less than that prescribed in the zoning ordinance of the city for the A agricultural district. The following additional requirements will apply for residential lots: (1) Corner Tots with a width less than 80 feet, siding on a major street or highway, are to be at least ten feet wider than the average interior lots in the block. (2) Lots facing or backing on a major street or highway shall be at least ten feet deeper than the average interior lot depth, except where the average interior lot depth is 150 feet or more. Sec. 98 -214. - Numbering. (a) Blocks are to be numbered consecutively within the overall plat or sections of an overall plat as recorded. (b) All lots are to be numbered consecutively within each block. Lot numbering may be cumulative throughout the subdivision if the numbering continues from block to block in a uniform manner that has been approved on an overall preliminary plat. (c) Reserves (land to be used for other than residential purposes) are to be labeled A, B, C, etc., rather than numbered as blocks and lots. Sec. 98 -215. - Easements. (a) Drainage. (1) Where conditions warrant, the subdivider shall dedicate to the public such drainage easements and drainage rights -of -way as may be required to drain substantially the sub divider's property as determined by the commission. Where gullies, ravines, draws, sloughs or other substantial natural drainage courses are located within the area to be subdivided, the commission may require the subdivider to dedicate to the public a drainage easement sufficient to maintain the natural drainage. (2) Where unusually large drainage easements and drainage rights -of -way are required to drain substantially large areas beyond those being developed by the subdivider, as determined by the city engineer, the commission may require the developer to allow the city or other appropriate public agency a reservation and option to purchase for a period of two years such drainage right -of -way which is determined by the city engineer to be in excess of the drainage easements and drainage rights -of -way required to substantially drain the subdivision. Where conditions require, there shall be provided a storm water drainage easement or right -of -way adequate for the purpose, as determined by the city engineer. (3) Where a drainage easement is adjacent to Tots, tracts or reserves, the easement shall be noted on the face of the final plat as follows: "This easement shall be kept clear of obstructions to the operation and maintenance of the drainage facilities and abutting property shall not be permitted to drain into this easement except by means of an approved drainage structure." (b) Utilities. (1) All utilities and service lines shall be located underground except as follows: (a) Electric utility lines may be located overhead in commercial developments where the majority of electric in the area is above ground. On -site service lines shall be located underground. (b) Cable and telephone may be located on poles where electric is above ground. (c) When possible above ground electric lines shall be located at the rear of the property. All utility and service lines shall be located underground in single - family subdivisions. This shall not apply to minor plats as that term is defined in section 98 -4 (definitions). (2) The location and size of utility easements shall be determined in conjunction with the city engineer, water utilities manager and private utility companies and shall connect with easements established in adjoining properties. An easement for utilities, ten feet wide, may be required, if needed, along each side of a side line of lots and /or the rear line of lots where necessary to form a continuous 20 -foot wide easement where alleys are not provided. Where the subdivision abuts undeveloped acreage not controlled by the subdivider, the full width of the easement shall be required within the subdivision. If necessary for the extension of main water or sewer lines or similar utilities, easements of greater width may be required. Provision of utility easements along and adjacent to street rights -of -way may negate the need for backyard or side yard easements. (3) Where overhead pole- carried electrical or telephone utilities are to be installed, there also shall be dedicated for utilities, an unobstructed five -foot wide aerial easement extending upward from a plane 20 feet above the ground adjacent to both sides of such ground utility easements or alleys. (See section 98- 216(a)(5)). (4) Additional easements for pole guys shall be provided at the outside of turns. Where possible, lot lines shall be arranged to bisect the exterior angle so that pole guys will fall along side lot lines. Sec. 98 -216. - Plat dedication and certification. The final plat shall include on the plat or have attached to the plat an engineering report bearing the signed and dated seal of a professional engineer registered in the State of Texas. The engineering report shall discuss the availability and methodology of providing water facilities and wastewater treatment to individual lots within the subdivision. A detailed cost estimate per lot acceptable to the city shall be provided for those unconstructed water supply and distribution facilities and wastewater collection and treatment facilities which are necessary to serve each lot of the subdivision. The plan shall include a construction schedule for each significant element needed to provide adequate water or wastewater facilities. If financial guarantees are to be provided under 364.54 of this title, the schedule shall include the start dates and completion dates. (a) The following form for dedications and certifications shall be utilized on the final plat of a subdivision or a resubdivision: "STATE OF TEXAS, COUNTY OF "I (or We), (name of owner(s) or in the case of corporations, name of president and secretary, together with words "President and Secretary respectively of /name of company / "), owner(s) of the property subdivided in the above and foregoing map of (name of subdivision), do hereby make subdivision of such property (in case of corporations, use words "for and on behalf of such /name of company and ") dedicate to public use, as such, the streets, alleys, sidewalks, parks, and easements shown thereon forever; and do hereby waive any claims for damages occasioned by the establishing of grades as approved for the streets, alleys and sidewalks dedicated, or occasioned by the alteration of the surface of any portion of streets, alleys or sidewalks to conform to such grades; and do hereby bind myself (or ourselves), my (or our) heirs, successors and assigns to warrant and forever defend the title to the land so dedicated." (1) The following paragraph is to be used where there is a lien against the property (or a separate instrument may be filed): "I (or We), (name of mortgagee(s)), owner and holder (or owners and holders) of a lien (or liens) upon such property, do hereby ratify and confirm such subdivision and dedication, and do hereby in all things subordinate to such subdivision and dedication the lien(s) against such land owned and held by me (or us). (Signature of lienholder(s) to appear below that of owners and to be duly acknowledged)." (2) The following paragraphs are to be used when the subdivision is outside the city: "FURTHER, all of the property subdivided in the above and foregoing map shall be restricted in its use, which restrictions shall run with the title of the property, and shall be enforceable, at the option of the city, county or any affected property owner, by injunctions, as follows: (a) The drainage of septic tanks into any road, street, alley or other public ditches, either directly or indirectly, is strictly prohibited. (b) Drainage structures under private driveways shall have a net drainage opening area of sufficient size to permit the free flow of water without backwater, shall be a minimum of 11/5 square feet (15 -inch diameter pipe culvert) and /or designed in accordance with the Rational Method. Culverts or bridges must be used for driveways and /or walks." (3) The following restriction, which shall run with the land, shall be used to prevent rear driveway access to any streets and side driveway access to a major thoroughfare or freeway: "There is hereby imposed a restriction, which shall run with the land, that lots backing or siding on Street shall not have direct driveway access to such street ". (4) Endorsement form for individual: "WITNESS my (or our) hand in County, Texas, this day of , 20 ". Signature of Owner(s) (5) The following provision is to be used where aerial easements are provided for overhead utility lines: "There is also dedicated for utilities, an unobstructed five -foot wide aerial easement extending upward from a plane 20 feet above the ground adjacent to either side of all easements and alleys shown hereon ". (6) Endorsement form for corporations: "IN TESTIMONY WHEREOF, the (name of company) has caused these presents to be signed by (name of president), its president, thereunto authorized, attested by its secretary (name of secretary), and its common seal hereunto affixed this day of 20 ATTEST: (NAME OF COMPANY) (Secretary) President (7) Notary acknowledgment for individual: "STATE OF TEXAS, COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared (name of owner(s)), known to me to be the person(s) whose name(s) is (or are) subscribed to the foregoing instrument, and acknowledged to me that he (or they) executed the same for the purposes and consideration therein set forth. (If a husband and wife join in the dedication, the following form should be added:) and the same such (name of husband /wife), having the same fully explained to him /her by me, acknowledged such instrument to be his /her act and deed, and that he /she had willingly signed the same. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of A. D., 20 " . Notary Public in and for County, Texas (SEAL) (8) Notary acknowledgement for corporations: "STATE OF TEXAS, COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared (name of president), president, and (name of secretary), secretary of the (name of company), known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and considerations therein expressed, and in the capacity therein and herein set out, and as the act and deed of such corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ,A.D.,20 ". Notary Public in and for County, Texas (SEAL) (9) Engineer's or surveyor's certification: "This is to certify that I, (name), a registered professional engineer (or registered professional surveyor) of the state, have platted the above subdivision from an actual survey on the ground; and that all block corners, angle points and points of curve are properly marked with iron rods (specify rod length and size), that the locations and elevations of all benchmarks are correct as shown on this plat, and that this plat correctly represents that survey made by me ". /s /..... R.P.E. (R.P.S.) No. (SEAL) (10) Commission's certification: "This is to certify that the city planning and zoning commission of the City of Port Arthur, Texas, has approved this plat and subdivision of (name of subdivision) as shown hereon. IN TESTIMONY WHEREOF, witness the official signature of the chairman of the city planning and zoning commission of the City of Port Arthur, Texas, this day of , A.D., 20 ". Chairman Secretary (a) If requested by the commission, the owner shall submit an affidavit of any conveyance of any interest he has made in the land within the plat since the date of the original title certificate. (b) Tax certificates shall accompany the plat, indicating that all taxes have been paid. (c) Where any private easement, right -of -way or fee strip within the plat is crossed by proposed streets, alleys or other public easements, the following must be submitted: a signed copy of a recordable instrument from the holder of the private easement, right -of- way, or fee strip defining its location and granting or permitting to the public such public streets, alleys or easements in, over and under, and across such private easements, rights -of -way or fee strips for construction, operation and maintenance of those public facilities indicated. Sec. 98 -217. - Conversion of private streets to public streets. (a) The City of Port Arthur will review requests to convert private streets that are five years or older to public streets once it receives a signed request by all adjacent property owners and all persons who have a property interest in the street with the following information or documentation: (1) Description of the street; (2) Inspection report by the applicant, if one is available, as to the street; (3) Information as to costs to upgrade the street to city specifications; (4) Information as to the existing development adjacent to the street and the prospective development that can result from the city accepting the street as public; (5) Information as to who presently has agreed to maintain the property; (6) Age of street; (7) Information as to the public usage of the street; and (8) Reasons why the city should accept the property as a public street, in its present physical condition. (b) The city will accept the streets if the following occurs: (1) The costs to upgrade the street to city specifications or to repair the streets are not substantial or the applicants are willing to pay for a portion thereof or are willing to enter into assessment agreements for future major upgrades. (2) The costs for the city to maintain the street are not substantial compared to other city streets. (3) It is in the public interest to accept the streets in the city street network as the streets will serve the entire public. (4) It will promote economic development for the city to accept the street in its present physical condition. (5) The city can obtain clear legal title thereto by special warranty deeds or similar instruments. Secs. 98- 218 -98 -250. - Reserved.