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HomeMy WebLinkAboutPO 6266: AMENDMENT TO SUBDIVISION ORDINANCE , City of Port Arthur, Texas Planning & Zoning Division Memo To: Floyd Johnson, City Manager, Mayor and City Council From: Ronald Burton, Director of Planning 7 i► AV/ Date: October 10, 2012 Re: P.O. NO. 6266 - Amendment to the Subdivision Ordinance. REQUEST The City Council is requested to authorize the amendment of the city's Subdivision Ordinance in order to bring the document up to date with current requirements by the Texas Water Development Board. These proposed changes will allow the city to apply for grant funds available through the Economically Distressed Areas Program. BACKGROUND: The Texas Water Development Board made the Economically Distressed Areas Program grants available for communities along the Gulf Coast that had suffered damage and deprivation from storms and Hurricanes. To qualify to apply for this funding, the TWDB requires that the entity adopt certain storm water, drainage, sanitary sewer and water supply changes to existing subdivision regulations. These proposed amendments reflect the TWDB required changes. RECOMMENDATION The Planning and Zoning Commission recommended approval of these proposed changes. At the public hearing before City Council, no opposition to the changes were received. Both planning and public works staff members recommend Council to adopt these changes. PUBLIC COMMENT Appropriately advertised public hearings were held before the Planning and Zoning Commission and the City Council. No opposition was expressed, phoned in or mailed for each public hearing BUDGET/FISCAL EFFECT: None STAFFING /EMPLOYEE EFFECT: None P.O. NO. 6266 08/31/2012 PEB ORDINANCE NO. AN ORDINANCE AMENDING THE SUBDIVISON ORDINANCE OF THE CITY OF PORT ARTHUR BY REPLACING CERTAIN PORTIONS TO CONFORM WITH TITLE 31, TEXAS ADMINISTRATIVE CODE, CHAPTER 364, THEREBY ALLOWING THE CITY TO APPLY FOR GRANTS AVAILABLE FROM THE ECONOMICALY DISTRESSED AREAS PROGRAM (EDAP). WHEREAS, the Texas Water Development Board (TWDB) has an Economically Distressed Area Program (EDAP); and WHEREAS, before an application for financial assistance can be considered by the TWDB, the applicant shall provide documentation satisfactory in form and in substance that the municipality and county in which the applicant is located has adopted the necessary orders, ordinances or other rules that meet the requirements of the TWDB Model Subdivision Rules; and WHEREAS, the City of Port Arthur is required to make specific amendments (attached as Exhibit A) 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 adopted August 2008 to qualify for financial assistance from the TWDB Economically Distressed Area Program (EDAP); and WHEREAS, having received a recommendation of "Approval" from the Planning and Zoning Commission on August 6, 2012; and WHEREAS, the City Council finds that it would be in the public interest and general welfare of the City to adopt the proposed changes to the city's Subdivision Ordinance; and WHEREAS, the City Council conducted a Public Hearing on the proposed changes on July 24, 2012, and found that it would be in the public interest and general welfare of the City to adopt the proposed changes to the city's Subdivision Ordinance; now, therefore, P.O. NO. 6266 08/31/2012- PEB Page 2 of 4 welfare of the City to adopt the proposed changes to the city's Subdivision Ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: SECTION 1. That the changes delineated in Exhibit "A" shall be made 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. SECTION 2. That the City Secretary is authorized and directed to make the above changes to the "Subdivision Ordinance of the City of Port Arthur, Texas." SECTION 3. That in the event any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION 4. That all ordinances and parts of ordinances in conflict herewith are hereby repealed, but only to the extent of such conflict. SECTION 5. That any person, firm or corporation who violates any provision of this Ordinance or the City's Subdivision Ordinance shall be guilty of a misdemeanor and shall be punished by a fine not exceeding Two Thousand ($2,000.00) Dollars as provided in General Provision - Section 1 -18 of the Code of Ordinances, and each day such violation shall be permitted to exist shall constitute a separate offense. SECTION 6. That this Ordinance or its caption and penalty shall be published at least one (1) time within ten (10) days after final passage hereof in the official newspaper of the City of Port Arthur. This Ordinance shall take effect immediately after the date of such publication. READ, ADOPTED AND APPROVED this day of October A.D., 2012 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes: P.O. NO. 6266 08/31/2012- PEB Page 3 of 4 AYES: MAYOR COUNCILMEMBERS NOES: Deloris "Bobbie" Prince, MAYOR ATTEST: Sherri Bellard, CITY SECRETARY APPROVED AS TO FORM: Afilr Valecia 'Val' Tizeno, CITY TTO t1 Y APPROVED FOR ADMINISTRATION: Floyd Johnson, CITY MANAGER ' V Ron Burton, DIRECTOXO LANNING P.O. NO. 6266 08/31/2012- PEB Page 4 of 4 Ross Blackketter, DIRECTOR OF PUBLIC WORKS EXHIBIT A Port Arthur, Texas, Code of Ordinances » PART 11 - CODE OF ORDINANCES » Chapter 98 - SUBDIVISIONS » ARTICLE III. - PLATS » DIVISION 3. - FINAL PLAT » Sec. 98 -201. - Monuments /benchmark (a) Before submittal to the Amiltivl ti4 galki 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 comer 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 r? r7r t Q.14 a •a om issio • 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 Voninq 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 n '3, 1Bingle 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 ,wo (2) Family or Multi] gamil ;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 rand /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 Pity in substantially the form Os shown. The agreement must provide that he 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. Befog inai plat approval, plans and specifications for the proposed water facilities shall have bee pproved by all entities having jurisdiction over the proposed project which may include in ddition to the county, the Planning and Zoning Commission and the County Healttj epartment, Attached Graphic (b) Transportation of . - Ab ater: The conveyance of PrEitiwater by transport truck or other mobile device to supply the domestic needs of the subdivision is not an acceptable 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 sewera•e facilities; the subdivider shall establish a retail public utility and obtain .r X , 6 j rr r k - ,TWO" 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 11-_K1tt W' 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 May, at its option require additional information necessary to determine the adequacy of proposed water and wastewater improvements as part of the plat approval process. Such information may include, but Is - 1= .1g3 ttni �Lx (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: 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 fanning and Zoning Commission( shall render a decision thereon within 30 days from the date hat th plat and other information ,�,-- -- submitted to he Planning and Zoning rommissiod by the director of planning. Such decision shall consist of approval or disapproval. Reasons for disapproval shall be furnished ® 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 Bo any plat of a subdivision or to any required instrument after approval has been given by the planning and Zoning Commission land endorsed b the Chairman unless such change, modification or revision is first submitted to and approved the Planning and Zoninq� rommissior>1. 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 ® 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 fter consideration of the subdivision lat (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 ermitted. Primary rY 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 of surrounding development; circulation patterns; or improved design or existing physical features of the site such as topography or vegetation. (3) Sidewalks shall be provided in accordance with city standards in all residential and commercial developments. (b) Right -of -way requirements. All streets shall have a minimum right -of -way of 60 feet with 50 -foot width exceptions granted streets with an ultimate length of 600 feet or less, where only single - family residential lots abut such streets and where such streets are in compliance with subsection (a)(2) of this section where utility easements are provided adjacent to the street right -of -way. The commission may require, at its discretion, that the developer dedicate up to, and including, 70 feet of right -of -way for collector streets or for local streets serving other than single - family or two- family residential areas. In addition, the commission may require the dedication of right -of -way in widths greater than 70 feet, but not to exceed 120 feet where such width is necessary for the construction or widening of major streets and expressways which are indicated on the officially adopted major thoroughfare plan, or are extensions of such streets. Alleys, where provided, shall not be less than 20 feet wide. Intersecting alleys shall have corner cutoff of at least 20 feet on a side. Alleys with only one point of access shall have a turnaround with a minimum radius of 25 feet at their closed ends. (c) Curves. Curves in major streets shall have a centerline radius of 2,000 feet or more with exceptions to this standard granted only by the commission in cases of unusual physical controls. Collector streets shall have a minimum centerline radius of 600 feet or more for reverse curves. Minimum tangent between points of reverse curvature shall be 100 feet for major streets and 50 feet for collector streets. (d) Offsets. Street offsets approved by the commission must offset a minimum distance of 125 feet on centerline. Offset distance shall be indicated on the plat. (e) Intersections. (1) All streets and alleys are to intersect at a 90- degree angle with variations of 15 degrees, subject to commission approval upon evidence of good cause. (2) Radii will be at least one -half the width of the pavement, including curbs, with a minimum of 15 feet. (3) Acute angle intersections approved by the commission are to have 25 -foot radii at acute corners. (A chord line may be substituted for the radii.) (4) Intersections with designated major streets and highways shall be separated by a distance of at least 800 feet and shall not be closer than 600 feet to the intersection of two existing or proposed designated major streets or highways. Distances between intersections with existing and proposed major streets and highways shall be shown on the preliminary plat. (5) Street or alley intersections with or extending to meet an existing street or alley will be tied to the existing street or alley on centerline, with dimensions and bearings to show relationship. (f) Cul -de -sac streets (1) Turnarounds are to have a minimum right -of -way radius of 60 feet for residential, commercial or other uses. Pavement radius shall be not less than V) feet' (2) Maximum length of cul -de -sac streets shall be: (a) Eight hundred feet for single - family developments. (b) Six hundred feet for multifamily and commercial developments. (2) Temporary turnarounds, conforming to the minimum radii requirements of subsection (f)(1) of this section, are to be used where curb and gutter is not installed at the end of a street more than 400 feet long which will be extended in the future. (The following note shall be provided on the final plat when a temporary turnaround is used: "Cross- hatched area is temporary easement for turnaround until street is extended (direction) in a recorded plat. ") (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 9 Y 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). lots shall front on ark m roved dedicated street (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 lots 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 lots 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 Tots. 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 lots, 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 Tots 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 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 ". 1 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 ublic streets once it receives a signed request by all adjacent property owners and P 9 q Y 1 P P Y 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.