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HomeMy WebLinkAboutPR 11759: ETJ PLAT APPROVALINTER OFFICE MEMO To: Mayor, City Council & City Manager From: Mark T. Sokolow, City Attorney /~ ~ Subject: P. R. No. 11759 Council Meeting April 30, 2002 Date: April 25, 2002 Attached is P.R. No. 11759 authorizing the City Manager to execute a written agreement with Jefferson County to regulate subdivision plats and approve related permits in the extraterritorial jurisdiction (ETJ) of the City of Port Arthur. MTS/ts Attachment cc: Director of Planning Tom Rugg First Assistant Criminal District Civil Division, Jefferson County P. O. Box 2553 Beaumont, TX 77704 Attorney z .pr11759. memo P. R. No. 11759 04/24/02 ts RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH JEFFERSON COUNTY REGARDING PLAT APPROVAL AUTHORITY IN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF PORT ARTHUR WHEREAS, the City Council deems it in the best interest of the citizens of the City of Port Arthur to authorize the City Manager to authorize an agreement with Jefferson County to regulate subdivision plats and approve related permits in the extraterritorial jurisdiction (ETJ) of the City of Port Arthur. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That are true and correct. the facts and opinions in the preamble Section 2. That the City Manager is authorized to execute an agreement with Jefferson County regulating subdivision plats and approve related permits in the extraterritorial jurisdiction (ETJ)of the City of Port Arthur, as delineated in Exhibit "A". Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this __ day of , A.D., 2002, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor , Councilmembers , ; NOES: ATTEST: MAYOR ACTING CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY APPROVED FOR ADMINISTP~ATION: CITY MANAGER EXHIBIT "A" STATE OF TEXAS COUNTY OF JEFFERSON AGREEMENT REGARDING PLAT APPROVAL AUTHORITY IN THE EXTRATERRITORIAL JURISDICTION WHEREAS, Section 242.001, Local Govemment Code, requires a county and municipalities with extraterritorial jurisdiction in that county to enter into a written agreement identifying the governmental entity authorized to regulate subdivision plats and approve related permits in the extraterritorial jurisdiction (ET J) of each such municipality; and WHEREAS, Section 242.001 sets forth various methods of accomplishing this requirement, including allowing a county and municipality to enter into an intedocal agreement that establishes one office authorized to accept plat applications, collect plat application fees in one lump-sum amount, and provide one response to applicants indicating approval or denial of a plat application; and WHEREAS, when this method is selected, the county and municipality must adopt one consolidated and consistent set of regulations related to plats and subdivisions of land in the ET J; and WHEREAS, Jefferson County (County) has determined it is desirable to allow the 23 municipalities with ETJ in the county to serve as the entity authorized to accept plat applications, collect application fees in one lump-sum amount, and provide one response to applicants indicating approval or denial of a plat application; and WHEREAS, the City agrees to serve as the entity authorized to accept plat applications, collect application fees in one lump-sum amount, and provide one response to applicants indicating approval or denial of a plat application for subdivision of property located in the Cify's ET J; and NOW, THEREFORE, County and City agree as follows: I. EFFECTIVE DATE. The effective date of this Agreement shall be z,~,¥ ]_, 2oo2. Page 1 C:~WlN DOWStTEMP~BMT-COUNTY ETJ AGREEMENT.DOC II. APPLICABILITY. This Agreement shall apply to proposed subdivisions of property within the City's ETJ and which are not exempt from either City or County regulatory authority. If a subdivision is exempt from either City or County regulatory authority, then this Agreement shall not apply, and the entity with sole regulatory authority for such subdivision may adopt and enforce any regulation permitted by law. III. SUBDMSION REGULATION UNDER CHAFTER 22, LOCAL GOVERNMENT CODE. The County and the City hereby elect to regulate subdivisions in City's ETJ pursuant to Section 242.001(d)(4), Texas Local Government Code. The City shall serve as the entity authorized to accept plat applicalions, collect application fees in one lump-sum amount, and provide one response to applicants indicating approval or denial of a plat application for subdivision of property located in the City's ETJ. Jefferson County will not accept from applicants subdivision plats for review and approval to the extent such plats propose subdivision of property which is located wholly within the municipal boundaries and/or the ETJ of the City. Page 2 C:~WlNDOWS~TEMP~BMT~OUNTY ETJ AGREEMENT. DOC IV. CITY'S RESPONSIBILITIES. The City shall: 'A. Accept plat applications for subdivisions of property located within City's ETJ in Jefferson County. B. Notify County of receipt of a plat application for subdivision of property located in City's ETJ in Jefferson County. Such notification shall be by fax addressed to: Jefferson County Engineer, and sent to (409).835- 8718 . The notice shall cleady state that the City has received a plat application for property in City's ETJ in Jefferson County. C. Enforce the subdivision regulations set forth in Attachment A. V. COUNTY'S RESPONSIBILITIES. The County shall: Be responsible for making arrangements to receive copies of plats filed with the City for subdivisions of property located within City's ETJ in Jefferson County. VI. CHANGES IN ETJ OR SUBDMSION REGULATIONS. The City shall provide written notice to the County of: (1) any proposed or actual change in the boundaries of City or the ETJ of the City; and (2) any proposed amendments to the City's subdivision regulations applicable to the City's ETJ in Jefferson County, at least sixty (60) days pdor to the effective date of such change or amendment. It is the intent of this section to allow the parties reasonable time to discuss proposed changes which may impact this Agreement prior to the effective date of such changes. VII. NOTICES. All notices required to be given under this Agreement shall be sent to the respective parties at the following addresses: COUNTY Jefferson County 1001 Pearl Street CITY City of Port Arthur 444 4th Street Page 3 C:~WINDOWS~TEMI~MT-COUNTY ETJ AGREEMENT.DOC Beaumont Texas 77701 Port Arthur, Te;:a~ 77640 Attn: Judge Cad Gdfflth Attn: Stephen Fitzgibbons VIII. TERM AND TERMINATION. This Agreement shall be perpetual. However, either party may terminate this Agreement by providing thidy (30) days written notice to the other party. IX. DEDICATIONS OF PROPERTY. Nothing in this Agreement shall be construed as granting to the City the authority to accept dedications of properly on behalf of the County. Individuals or entities desidng to dedicate property to the County, including but not limited to streets, alleys and parks, must contact the County. No property will be accepted by the County without formal approval of the Jefferson County Commissioners Court. X. EXTENT OF CITY'S ETJ. The City is solely responsible for determining the boundaries of its ETJ. County will rely upon City in this regard, and will not bear responsibility for any errors in determining the boundaries of City's ETJ. XL AGENCY-INDEPENDENT CONTRACT. The parties agree and acknowledge that each entity is not an agent of the other entity and that each entity is responsible for its own acts, forbearance, negligence and deeds, and of those of its agents or employees in conjunction with this Intedocal Agreement. This Agreement does not and shall not be construed to entitle any party or any of their respective employees, if applicable, to any benefit, privilege or other amenities of employment applicable to the other party. Xll. AMENDMENT. This Agreement may not be amended except in a wdtten instrument specifically referring to this Agreement and signed by the parties hereto. XlII. BINDING AGREEMENT, AUTHORITY, PARTIES BOUND. This Agreement has been duly executed and delivered to all parties and constitutes a legal, valid and binding obligation of the parties. Each Page 4 C:~WINDOWS~TEMP~BMT~OUNTY ETJ AGREEMENT.DOC person executing lhis Agreement on behalf of each parD/represents and warrants that they have full righls and authority to enter this Agreement. XlV. APPLICABLE LAW AND VENUE. This Agreement shall be expressly subject to the partJcipating padies' Sovereign Immunity, Title 5 of the Texas Civil Practice and Remedies Code and all applicable federal and state law. This Agreement shall be governed by and conslrued in accordance with the laws of the State of Texas. Exclusive venue for any legal action arising from this Agreement shall be in Jefferson County, Texas. XV. SEVERABIMTY. In the event that one or more of the provisions contained in the Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability of the Agreement shall be construed as if such invalid, illegal or unenforceable provision has never been contained herein, but shall not affect the remaining provisions of this Agreement, which shall remain in force and effect. Page 5 C:kWINDO',A/S~TEMPtBMT-COUNTY ETJ AGREEMENT.DOC JEFFERSON COUNTY cI~ OF PORT ARTHUR Cad Griffith, County Judge Stephen Fitzgibbons, City Manager Date Date Page 6 C:~WINDOWS~TEMP~BMT-COUNTY ETJ AGREEMENT.DOC Chapter 98 SUBDMSIONS* Sec. 98-1. Sec. 98-2. Sec. 98-3. Sec. 98-4. Sec. 98-5. Sec. 98~. Artlcle L In General Authority. Purpose of chapter. Scope and application of chapter. Definitions. Penalty for violation of chapter. Conviction no bar to other legal remedies. Sees. 98-7--98-40. Reserved. Article 1L .~dministration Division 1. Generally Sees. 98~tl--98-60. Reserved. Division 2. Pemits Sec. 98~I. Building permits reqni~d. Sec. 98-62. Acceptance. Sec. 98-63. Service. Sec. 98-64. Construction on an unimproved street. Secs. 98-65--98-90. Reserved. Division 3. Variances Sec. 98-91. Hardship. Sec. 98-92. Planned unit developments. Sec. 98-93. Conditions. Sec. 98-94. Application for variance fee. Secs. 98-95--98-120. Reserved. Division 4. Appeals Sec. 98-121. Right to appeal. Secs. 98-122 98-150. Reserved. Article HI. Plats Division 1. Generally Sec. 98-151. Preapplication procedure. Sec. 98-152. Minor plat approval. Sec. 98-153. Replat. Sees. 98-154-98-180. Reserved. *Cross references--Any ordinance dedicating or accepting any plat or subdivision saved from repeal, § 1-7(a)(12); any ordinance regarding subdivisions saved from repeal, § 1-7(aX19); buildings, ch. 18; floods, ch. 42; flood hazard reduction standards for subdivision proposals, § 42-94; manufactured homes, mobile homes, recreational vehicles and parks, ch. 58; streets, sidewalks and other public places, ch. 94; utilities, ch. 110; waterways, ch. 118; zoning, app. A. State law reference--Subdivisions, V.T.C.A., Local Government Cede § 212.001 et seq. CD98:1 § 94-485 PORT ARTHUR CODE Division 2. Preliminary Plats Sec. 98-181. Submittal. Sec. 98-182. Approval of preliminary plat. Secs. 98-183~98-200. Reserved. Division 3. Final Plat Sec. 98-201. Monuments/benchmarks. Sec. 98-202. Submittal. Sec. 98-203. Requirements prior to plat approval. Sec. 98-204. Approval. Sec. 98-205. Recording. Sec. 98-206. Conformance to division requirements. Sec. 98-207. General principles of acceptability. Sec. 98-208. Title of plat. Sec. 98-209. Key map, boundaries and e~dsting features. Sec. 98-210. Public sites and open spaces. Sec. 98-211. Stxeets, alleys and sidewalks. Sec. 98-212. Engineering data. Sec. 98-213. Lots. Sec. 98-214. Numbering. Sec. 98-215. Easements. Sec. 98-216. Plat dedication and certification. Secs. 98-217--98-250. Reserved~ Sec. 98-251. Sec. 98-252. Sec. 98-253. Sec. 98-254. Sec. 98-255. Sec. 98-256. Sec. 98-257. Article IV. Required Improvements General requirements. Streets, alleys and sidewalks. Water distribution system. Sanitary sewer system. Storm drainage system. Street lighting. Sidewalks required in certain existing subdiv/sions. CD98:2 SUBDMSIONS § 98-4 ARTICLE I. IN GENERAL Sec. 98-1. Authority. This chapter is adopted under the authority of the constitution and laws of the state, including particularly, V.T.C.A., Local Government Code § 212.001 et seq., (Municipal Regulations of Sub- division and Property Development), and the Home Rule Charter of the city. (Code 1961, § 19-2) Sec. 98-2. Purpose of chapter. The purpose of this chapter is to provide for: (1) The safe, orderly and healthfifl develop- ment of the city and its environs; (2) The coordination of streets within subdi- visions with other existing or planned streets, or with other features of the com- prehensive plan; (3) Access to and extension of public utility facilities for the conservation of energy; (4) Adequate open space, for traffic, recre- ation, light, air and utilization of solar energy; and (5) The distribution of population and traffic which will tend to create conditions favor- able to health, safety, morals and the general welfare of the city. (Code 1961, § 19-3) See. 98-3. Scope and application of chapter. No person shall subdivide any tract of land which is located within the city or which is located entirely or in part within the area of extraterri- torial jurisdiction of the city except in conformity with the provisions of this chapter; provided, however, that the requirements of article IV (Re- quired Improvements) do not apply to the land owned by the city on Pleasure Island which is under the control of the Pleasure Island Commls- sion. This chapter shall have application to the full extent provided under V.T.C.A., Local Govern- ment Code § 212.001 et seq., including, but not ]imited to, the area of extraterriterial jurisdiction of the city ns has been heretofore or may be hereaf~r established, pursuant to the provisions of V.T.C.A., Local Government Code § 42.001 et seq.; provided, however, the penal conditions con- talned in this chapter shall not have application beyond the corporate limits of the city. No trsn~- fer of land in the nature of a subdivision shall be exempt from the provisions of this chapter even though the instrument or document of transfer may describe land so subdivided by metes and bounds. The filing of any plan, plat or replat without complying with the provisions of this chapter, or transfer of land without having first complied with the requirements of this chapter, shall be deemed a violation of this chapter. (Code 1961, § 19-4) Sec. 98-4. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meoning. Any office referred to in this chapter by title means the person employed er appo'mted by the city in that position or his duly authorized representatives. Definitions not expressly prescribed in this sec- tion are to be construed in accordance with cus- ternary usage in municipal planning and engineer- ing practice. Acreage means a tract of land that has not been platted for subdivision purposes. A/ley meons a minor public right-of-way which provides a secondary means of vehicular access to abutting property and which is used primarily for vehicular traffic to the rear or side of properties which otherwise abut on a "public street," as that term is defined in this section. Block means a tract or parcel of land desig- nated as such on the subdivision plat which may be entirely surrounded by public streets or by a combination of public streets and public parks, cemeteries, railroad rights-of-way, or natural or manmade physical terrain features that disrupt what would otherwise be an unbroken landscape (for example, ditches, gullies, ridges, etc.). Building means any structure which is built for the support, shelter or enclosure of persons, animals, chattels, machinery, equipment, or move- able property of any kind, exclusive of fences. CD98:3 § 98~4 PORT ARTHUR CODE Building line or building setback line means a line generally parallel to the street right-of-way line which defines and area on the building lot between the street right~of-way line and the build- ing line within which no building shall be con- structed. City means the municipal corporation, the City of Port Arthur, Texas. City standards means the standards for streets and alleys, curb and gutters, storm sewer lines and collateral structures, water lines and collat- eral structures, sanitary sewer lines and co]lat- eral structures, which have been adopted by the city council and administered by the water utili- ties, public works and engineering departments and which may be amended from time to time. Any such change shall be immediately noted upon such standard. Collector street means a public street which is intended to provide for traffic movement between local streets and a major street or highway, in- cluding the principal entrance streets of a resi- dential development and streets for circulation within such development. Commission means the p]~nnirlg and zoning commission of the city. Comprehensive plan me~ns the officially adopted plan for the physical development of the city, irlcluding ally ~nlt or part of such plan separately adopted and any amendment to such plan or its parts. Council means the city council. Double front lot means a lot other than a corner lot with frontage on two streets. Easement means a right granted or dedicated to another in, on, across, over or under land for specified uses by written instrument or map duly recorded in the records of the county clerk. Engineer means a person duly authorized un- der the provisions of the Texas Engineering Act, as heretofore er hereal~er amended to practice the profession of engineering in the state. Expressway means a public street or highway which is designated as an expressway on the major thoroughfare plan. Front or frontage means that portion of a tract of land which abuts on a public street to which it has direct access. Local street means any public street which is not classified as an expressway, major thorough- fare, collector street or alley; primarily intended to provide for direct access to abutting property. Lot means a physically undivided tract or par- cel of land having frontage on a public street or other approved facility and which is, or in the future may be offered for sale, transfer, convey- ance or improvement; which is designated as a distinct and separate tract; and which is identi- fled by a tract or lot number or symbol in a duly approved subdivision plat which has been prop- erly recorded. Lot depth means the length of a line connecting the midpoints of the front and rear lot lines. Lot 'width means the length of a line which connects the side lot lines drawn perpendicular to the lot depth line at its point of intersection with the required building setback line. Major street means a public street or highway which is designated as such on the major thor- oughfare plan. Major thoroughfare means a public street which is prhnarily intended to provide for through move- ment of large volumes of traffic between areas and across the city and, secondarily, for direct access to abutting property; subject to necessary control of entrances, exits and curb use; and designated as a major thoroughfare on the major thoroughfare plan. Major thoroughfare plan means the most re~ cent major thoroughfare plan adopted by.the commission and approved by city council as pm~t of the comprehensive plan, which shows the des- ignation and location of existing and proposed major streets and highways in the city metropel- itan area, and contal~in~ street design standards that define minimum rights-of-way, number and width of traffic and parking lanes and other features relating to mlnim~nn standards. Minorplat means the subdivision of land into a mu~mum often abut~ng lots. A minor plat shall not involve the dedication of right-of-way or con- CD98:4 SUBDIVISIONS § 98-6 struction of any public street or other required improvement. All lots created shall front on an existing, improved and accepted street. Plat means a complete and exact subdivision plan submitted for preliminary or final approval to the commission in conformity with the provi- sions of this chapter and which, in the case of final plat approval by the commission, will be submitted to the county clerk for recording. A replat or resubdivision of land or lots which are part of a previously recorded subdivision, shall be considered a plat as defined in this section. A preliminary plat is distinguished from a final plat in that it is a prellmlnary map of a proposed subdivision submitted for approval of the commis- sion and that is not to be recorded. Public street means a right-of-way dedicated to public use for pedestrian and vehicular traffic and public utility purposes. Replat means the resubdivision of ali or part of an existing subdivision without vacation of the previous plat, except as permitted as an amend- ing plat. Reserve means a tract, parcel or unit of land not physically divided having frontage on a public street, which is proposed and intended for other than single-f~mily residential use, and which is or in the future may be offered for sale, conveyance, transfer, lease or improvement, and which is designated as a distinct separate tract, and which is identified by reserve symbol on the subdivision plat. Residential use means single-f~mily residen- rial uses (including townhouses and townhomee), two-family residential uses and multiple-f2mily residential uses. Section means a distinct part or division of a subdivision that is serf-contained with utilities, streets and traffic circulation and neighborhood characteristics that will permit a large subdivi- sion to be developed in smaller economical, prac- tical and correlated segments (not to be confused as a square mile or 640 acres of land used as a land measurement term). Shall, may. The word "shall" is always manda- tory. The word "may" is merely directory. Solar energy means radiant energy (direct, diffuse and reflected) received from the sun. Subdivider (developer) means any person, fu'm, association, partnership or corporation proceed- ing under this chapter to effect a subdivision of land for himself or for another. In any event, the term "subdivider" shall be restricted to include only the owner, equitable owner or authorized agent of such owner or equitable owners of land sought to be subdivided. The word "developer" shall mean the same as "subdivider." Subdivision means a division of a parcel of land into two or more lots or parcels for the purpose of transfer of ownership or building development, or any division of a parcel of land involving a new street, alley or parts or portions intended for public use. Subdivision includes a resubdivision. The following are not defined as subdivisions: a division of land for agricultural purposes into tracts greater than five acres in size not involving any new streets, alleys or easements of access; testamentary division of property; partnership division of property upon dissolution; and a divi- sion of property between two or more owners of an undivided interest by court order. Surveyor means a licensed state land surveyor or a registered public surveyOr, as authorized by the state statutes to practice the profession of sarveying. (Cede 1961, § 19-5) C~u ~eferenee---Definltions generally, § 1-2. Sec. 98-5. Penalty for violation of chapter. Violation of any provision of this chapter shall constitute a misdemeanor and, upon conviction of such violation in the municipal court of the city, a fine shall be imposed, as provided in section 1-13 of this Code. If a corporation is the violator of any of the provisions of this chapter, each officer, agent and/or employee in any way responsible for such violation shall be individually liable for the penalties prescribed in this section. (Cede 1961, § 19-71) Sec. 98-6. Conviction no bar to other legal remedies. No conviction under the penal provisions of this chapter, er V.T.C.A., Local Government Code CD98:5 § 98-6 PORT ARTHIIR CODE § 212.017, shah ever be considered as a bar to any injunctive or other legal remedy, relief, right or power existing in the city to enforce the applica- tion and provisions of this chapter by virtue of the constitution and laws of the state and city Char- ter. (Cede 1961, § 19-72) Seca. 98-7--98-40. Reserved. ARTICLE II. ADMINISTRATION* DMSION 1. GENERALLY Secs. 98-41~98.60. Reserved. DMSION 2. PERMITS Sec. 98-61. Building permits required. No employee or official of the city shall issue building permits for any structure, located on a lot in any subdivision, the plat of which has been prepared after the date of the adoption of this chapter, unless such plat has been approved and recorded in accordance with the provisions con- tained in this division. (Code 1961, § 19-61) See. 98-62. Acceptance. The approval of any plan, plat or replat shall not be deemed an acceptance of the proposed dedications and shall not impose any duty upon the city concerning the maintenance or improve- merit of any such proposed dedications until the proper authorities of the city shah have made actual appropriation of same by entry, use or improvement. If any such plan, plat or replat is disapproved by the commission, such disapproval shall be deemed as refusal by the city of the offered dedication shown thereon. (Cede 1961, § 19-62) Sec. 98-63. Service. Unless and until any such plans, plats or replats, specifications and required minimum im- *Cross reference--Administration, ch. 2. provemente shah have been first completed and approved in the manner and by the authorities provided for in this chapter, it shall be anlawfni within the area covered by such plans, plats or replats for any city official or employees to issue a certificate of occupancy or to permit such land or any part of such land to be served, for purposes of occupancy, with any public utility, such as water, sewer, lights, gas, etc., which may be owned, controlled, regulated or distributed by the city. (Code 1961, § 19-63) Sec. 98-64. Construction on an unimproved street. A building permit and/or a certificate of occu- pancy for a home or other structure may be issued when the city manager or his designee confirms: (1) That a plan for improvement of the street is in place and a completion date has been established; (2) Utilities are in place; (3) Building plans have been approved; and (4) The construction of the building and struc- ture is in substantial conformance with generally accepted planning procedures and city ordinances. This section shall not apply to more than one structure or home at a time. (Cede 1961, § 19-64) Cross reference~Streets, sidewalks and other public places, ch. 94. Secs. 98-65~98-90. Reserved. DIVISION 3. VARIANCES Sec. 98-91. Hardship. The commlgsion may authorize a variance from this chapter when, in its opinion, undue hardship will result from requiring strict compliance. In so doing, the commission must fred that there are special circumstances or conditions affecting the land involved such that the strict application of this chapter would deprive the applicant of the CD98:6 SUBDMSIONS § 98-1§1 reasonable use of this land. Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship. (Code 1961, § 19-41) Sec. 98-92. Planned unit developments. The standards and requirements of this chap- ter may be modified by the commission in the case of a plan and program for a complete community or a neighborhood unit which differs from the pattern of development that is dictated by this chapter but which, in the judgment of the com- mission, provides adequate public spaces and improvements for the circulation, recreation, light, air and service needs of the tract when fully developed and populated, and which also provides such covenants or other legal provisions as will ensure conformity to and achievement of the (Code 1961, § 19-42) Sec. 98-93. Conditions. In authorizing a variance from this chapter, the planning commission may require such con- ditions as will, in its judgment, secure substan- tially the objectives of the standards or require- ments so varied. In granting a variance, the COmmission shnll take into account the nature of the proposed use of the land involved and existing uses of land in the proposed subdivision, and the probable effect of such variance upon traffic con- ditions and upon the public health, safety, conve- nlence and welfare in the vicinity. No variance shall be granted unless the commission finds that: (1) The granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area. (2) The granting of the variance will not have the effect of preventing the orderly subdi- vision of other land in the area in accor- dance with the provisions of this chapter. Such findings of the commission, together with the specified facts upon which such findln~s are based, shah be incorporated into the official mln.utes of the commis- sion meeting at which such variance is granted. Variances may be granted only when in harmony with the general pur- pose and intent of this chapter so that the public health, safety, and welfare may be secured and substantial justice done. (Cede 1961, § 19-43) Sec. 98-94. Application for variance fee. Each application or request, by a person or corporation having a proprietary interest in any property, to the planning and zoning commission for a variance shall be accompanied by a fee of $125.00 to cover publication and associated costs. (Cede 1961, § 19-44) Secs. 98-95--98-120. Reserved. DMSION 4. APPEALS Sec. 98-121. Right to appeal. Any subdivider contesting any disapproval and/or the interpretation and/or application of any rule, standard, regulation, determination, requirement or necessity set forth in this chapter, directly or by delegation of authority, shall have the right, after filing a written request with the commission, to have a hearing thereon before the commission within 21 days after the date of filing of such request. Any subdivider not satisfied with the r~,ling of the commission shall have the right to appeal such r~lings or decisions to the city council by giving written notice to the city secre- tary within 15 days after the final hearing before the commission. (Cede 1961, § 19-51) Secs. 98-122--98-150. Reserved. ARTICLE III. PLATS DMSION 1. GENERALLY Sec. 98-151. PreappHcation procedure. At least 15 days prior to submitting a prellml- nary plat, the subdivider shall file, in writing, in the office of the director of planning, the following information: (1) General subdivision information. General subdivision information shall describe or CD98:7 § 98-151 PORT ARTHUR CODE outline the existing conditions of the sits and the proposed development as neces- sary to supplement the drawings required by subsections (2) and (3) of this section. This information shall include data on existing covenants, land charactsristics and available community facilities and utilities; information describing the sub- division proposal such as the number of residential lots, typical lot width and depth, business areas, playgrounds; and park areas and other public areas, proposed protective covenants and proposed utili- ties and street improvements. (2) Location map. A location map shall show the relationship of the proposed subdivi- sion to existing corn munity facilities which serve or influence it. A location map shall include the subdivision name and loca- tion, main traffic arteries, public trans- portatian lines, elementary and high schools, parks and playgrounds, title, scale, north arrow and dats. (3) Sketch plan. A sketch plan on topographic survey shall show in simple sketch the proposed layout of streets, lots and other features in relation to existing conditions. The sketch plan may be a freehand pencil sketch made directly on a print of the topographic survey. (Code 1961, 8 19-21) Sec. 98~152. Minor plat approval. (a) Submittal. The original of the final plat (on the form furnished by the city) meeting all appli- cable requirements of articles IH and IV of this chapter shall be submitted to the director of planning for ~llr~g with the commission, not less than seven days prior to any meeting of the commission at which the plat is to be considered. (b) Approval. The commission shall render a decision within 30 days of receipt of the plat from the director of planning, together with his recom- mendation and in compliance with the applicable requirements of V.T.C.A., Local Government Code 8 212.001 et seq. Such decision shall consist of approval or denial. (Code 1961, 8 19-25) Sec. 98-153. Replat. (a) Submittal. The original of the final plat (on the form furnished by the city) meeting all appli- cable requirements of articles III and IV of this chaptsr shall be submitted to the director of p]anning for filing with the commission, not less than 20 days prior to any meeting of the commis- sion at which the plat is to be considered. (b) Approval. The commission shall render a decision within 30 days of receipt of the plat from the director of planning, together with his recom- mendatisn and in compliance with the applicable requirements of V.T.C.A., Local Government Code 88 212.014 212.016. Such decision shall consist of approval or denial. (Code 1961, 8 19-26) Secs. 98-154--98-180. Reserved. DMSION 2. PRELIMINARY PLATS Sec. 98-181. Submittal. All persons desiring to subdivide land within the area of jurisdiction of this chaptsr shall next prepare and submit to the director of planning for filing with the commission, not less than eight days prior to any meeting of the commission at which the plat is to be considered, the following information: (1) One repreducible copy of a preliminary plat covering the land to be subdivided and a sufficient area adjacent thereto, which is owned or controlled by the sub- divider, to indicats a suitable plan for coordinating the area to be subdivided with the surrounding area. a. The preliminary plat shall be drawn at a scale of 200 feet to one inch or larger, and shah otherwise conform to the requirements of a final plat. It may contain map information that is not permitted on a final plat. b. The prellm~nary plat shall contain the following inscription in bold let- ters (one-fourth inch high): "PRE- LIMINARY PLA~ SUBJECT TO CHANGE," and further: "PLEASE CD98:8 SUBDMSIONS § 98-200 (2) (3) (4) (5) REFER TO THE FI~IAL PLAT OR PLATS OF THIS SUBDIVISION FOR STREET LAYOUT, LOT AR- RANGEMENT, ADJACENTAREAS, AND DETAILS OF THE EXACT AREA INCLUDED IN THE DEDI- CATION FOR DEVELOPMENT PURPOSES." Three prints of the preliminary schematic plans for the furnishing of water, the installation of s~nlt~try sewer facilities, and provisions for storm sewers and gen- eral dreinage facilities, widths of streets and alleys, and locations of bridges. (To- pographic contours of not more than one- foot intervals referred to as U.S. Coast and Geodetic Survey or State Highway Benchmark may be required by the com- mission.) A completed application form. Such forms shall be as adopted by the commission and available from the city planning de- partment. A written certificate or binder from a title company or title opinion from an attorney duly licensed to practice law in the state certifying to at least the following, con- corning title to the land: a statement of records eYAmined and date of e~Amlna- tion; description of the property in ques- tion by metes and bounds; the fee owner as of the date of examination and the date, file number, and volume and page of the recording of the deed or other basis of title involved; the name of any lienholder together with the date of filing and vol- ume and page of such lien; and a general description of any right-of-way, ease- ments or reservations, along with the file number, date of filing, and volume and page of recording. In cases where public streets, aneys or easements are proposed to be platted across existing private easements, rights-of-way or fee strips, a copy of the instrument establishing such private easement, right- of-way or fee strip shall be submitted. (6) A preliminary submittal shall be required for all replats of existing subdivisions containing major changes in the physical layout, as determined by the commission. However, the commission may, at its dis- cretion, waive the various requirements of accompanying submittal information where the facts warrant. (Cede 1961, § 19-22(a)) Sec. 98-182. Approval of preliminary plat. (a) The commission shall render a decision wjthln 30 days from the date the plat and other information was submitted to the commission by the director of plo. nning. Such decision shall con- sist of approval or disapproval. All objections made to the preliminary plat shall be furnished the subdivider in writing. (b) When a preliminary plat has been ap- proved, the subdivider may thereafter file a final plat of sections of the proposed subdivision upon which approval of the prelimluary plat has been obtained, and, upon the approval of a final plat covering a portion of such subdivision, the remain- der of the preliminary plat shall be deemed as approved as in subsection (a) of this section; provided, however, that such approval of the remainder of the preliminary plat shall be limited to a one-year period from the date of final ap4 proval of a section of such plat. The commission may, upon application and at its discretion, ex- tend such period of validity not to exceed two years. (c) When a preliminary plat has been ap- proved and thereafter the subdivider fails to file a finsl plat of the subdivision or' a section of such plat within a period of six months, the approval of the pre]imlnary plat shall expire and have no further force or effect; except, however, the com- mission may, upon application and at its discre- tion, extend such period of validity not to exceed one year. (Cede 1961, § 19-22(b)) State law reference~Approval procedure, V.T.C-~., Lc- cai Government Code § 212.009. Secs. 98-183~98-200. Reserved. CD98:9 § 98-201 PORT ARTHIIR CODE DIVISION 3. FINAL PLAT Sec. 98-201. Monuments/benchmarks. (a) Before submittal to the cornmi.~sion, all £mal 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 bench- marks are accurately and correctly shown as they are set on the ground. (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 subdi- vide& Where any boundary llne of a subdivision is longer than 1,300 feet, intermediate bench- marks shall be established along that line so that the m~mum 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 monu- merits (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 subdi- vision benchmarks and monuments shall be indi- cated in relation to a horizontal and vertical control system as may hereafter be established by the city; provided, however, that the require- ments for subdivision benchmarks and monu- ments shall not be conditioned upon the existence of a city control system. (Cede 1961, § 19-23(a)) Sec. 98-202. Submittal. After compliance with the procedure described in section 98-201 and a pre]jmlnary plat has been approved by the commission, the subdivider shall prepare and submit to the director of planning for filing with the commission, not less 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, plas- tic or their equivalent to scale from an accurate survey made on the ground, and in all respects shall bo neat. The final plat shah not show zoning infomation, construction features, cross sections, public utility fines or other structures not in- volved in the title covenant. The final plat shall be drawn at a scale of 100 feet to one inch. (Code 1961, § 19-23(b)(1)) Sec. 98-203. Requirements prior to plat ap- proval. Before the final plat shall be signed and its recording permitted by the commission, comph- ance with the following requirements shall be made, where applicable: (1) Complete and detailed construction plans and wrltten specifications (indicating the method of construction and the materials to bo 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 submit- ted for: a. The water distribution system show- ing the size and location of all exist- ing and proposed water mains, set- vice lines, valves, fire hydrants and all other water distribution appurte- nances within the proposed subdivi- sion, also the location and method of connecting the proposed water lines, water mains and water services to the existing city system; b. The sanitary sewer system showing by plan and profile the size, location CD98:10 SUBDMSIONS § 98-204 (2) and gradient of all existing and pro- posed sanitary txunk lines, laterals, manholes and services within the proposed subdivision and the loca- tion and method of connecting the proposed sewer system into the ex- isting city sanitary sewer system; c. The stormwater drainage system showing by plan and profile the means and the methods of dralning the pro- posed subdivision, showing in detail all existing and proposed drainage structures and the means and meth- ods of connecting the proposed drain- age system Lute the existing drain- age system; d. All proposed bridges or culverts within the proposed subdivision, showing in detail, by plan and/or profile, the structural members, con- nectors, railing, approaches, reinforc- ing steel and deck; e. All existing and proposed streets, alleys and sidew~lk.~ within the pro- posed subdivision, showing by plans and profiles the width of the rights- of-way; the widths of the proposed roadways; the gradient of all curblines; the location and size of all drainage inlets; and the type of pave- ment. (All of the above-required plans and spec- ifications must be reviewed by the direc- ter of plarmLug and approved by the city engineer and water utilities manager be- fore the chairman of the commission shall sign the plat and permit it to be recorded.) Except where the subdivision improve- merits 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 shah 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 im- provements within the subdivision shall be completed in accordance with the approved plans and specifica- tions. 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 re- quired improvements within two years from the date of final approval of the plat. If any or an of the re- quired improvements are not com- pleted within the time specified in such bond, the city may let or relet the contract or contracts and the subdivider and surety shall be sev- erally and jointly liable for the cost of such improvements. The bond may provide for extensions of time under conditions approved by the city coun- cil 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 bnnlr or other institution suitable to the city as escrow agent. Such funds shah be paid out only as the required improve- ments are constructed and approved by the city, and such escrow agree- merit provides that on failure of the developer to complete the required improvements within two years of fmai plat approval, the city may pro- ceed to construct sdch improvements by contract or otherwise and secure payment therefor from the escrow funds. (Cede 1961, § 19-23(c)) Sec. 98-204. Approval. (a) The commission shall render a decision thereon within 30 days from the date and plat and other information was submitted to the comm~- sion by the director of planning. Such decision CD98:11 § 98-204 PORT ARTHUR CODE 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 en- dorsed 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 flied for record. (Code 1961, § 19-23(d)) 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 in any plat of a subdivision or to any required instrument after approval has been given by the chairman and endorsed on the plat in writing, unless such change, modification or revision is first submitted to and approved by the commi~- sion. After approval of a final plat and prior to its recording, no conveyance or encumbrance affect- ing 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. (Code 1961, § 19-24) Sec. 98-206. Conformance to division re- quirements. The final plat shah include and conform to the requirements in sections 98-207--98-216, where applicable. (Code 1961, § 19-23COX1)) Sec. 98-207. General principles of acceptabil- ity. (a) The subdivision shall conform to the com- prehensive plan and the major thoroughfare plan of the city and any separately adopted parts. (b) The subdivision layout shall make reason- able 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 ap- proved that requires a change in zoning. (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. (Code 1961, § 19-23(b)(1)a) 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 apprexi- mate, phonetically or otherwise, the name of any subdivision within the city or its extraterritorial jurisdiction. (2) Legal description of location of subdivi- sion. This description shall be sufficient for the requixements 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 v~ce- 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. (Code 1961, § 19-23(b)(1)b) CD98:12 SUBDIVISIONS § 98-211 Sec. 98-209, Key map, boundaries and exist- ing features. (a) A vicinity or key map shall be included to show relation of proposed subdivision to major streets, railroads, watercourses and other impor- taut 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 bound- aries shall be described with complete and overan dimensions and bearings and be tied to an original comer 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 desig- nations), alleys, easements, fee strips, pipe- lines, building lines, watercourses or other important features or significant informa- tion shall be shown within the plat bound- ary 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 insur- ance rate map (FIRM), within the plat boundary shall be shown. (Code 1961, § 19-23(bX1)d, e) Sec. 98-210. Public sites and open spaces. (a) Where the site of a proposed park, play- ground, 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 commis- sion, upon consideration of the particular type of development proposed in the subdivision, and especially in large scale neighborhood unit devel- opments not anticipated in the comprehensive plan, the commission may require that the devel- oper 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 ofimpreve- ments. (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 devel- oped with or specified for high or mid-rise build- ings (or in the case of a planned unit development which will be developed with high or mid-riee buildings), the location of open space, whenever possible, shall bo such that it will protect shorter structures from shadows cast by taller buildings. (Code 1961, § 19-23(b)(1)e) Sec. 98-211. Streets, alleys and sidewalks. (a) Generally. (1) Major streets and highways shall be pro- vided as shown on the major thoroughfare plan. The street pattern of a neighbor- hood shall provide adequate circulation within the subdivision and yet discourage excessive through traffic on minor or local streets. The arrangement, character, ex- tent, width, grade-and locations of all streets shall be considered in their rela- tion 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 ad- vantageens development of the entire neighborhood development and shall con- form to connecting streets in land adja- cent to the new subdivision. Dead-end streets without cul-de-sacs shall not be CD98:13 § 98-211 PORT ARTHUR CODE 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 thorough- fare 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 (fenc- es and walls) of chapter 18 (buildings) of this Code, shall be required on private property along the rear property line abut- ting each existing or proposed major street. Paved alleys shall be provided in commer- cial and industrial developments, except where ether definite and assured provi- sion 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 subdi- vision 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. Ex- eeptioas to the required orientation may be granted (in accordance with section 98-91) when it is shown that strict com- pliance is infeasible due to: the size, con- figuration 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) SidewMlr~ shall be provided in accordance with city standards in all residential and commercial developments. Co) Right-of-way requirements. Ali streets shall have a minimum right-of-way of 60 feet with 50-feet 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 (aX2) 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-f~mily or two-f~mily residential areas. In addition, the commission may require the dedica- tion 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 indi- cated 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 er more with exceptions to this standard granted only by the commission in cases of unnsual physical controls. Collector streets shall have a minimum centerline radius of 600 feet or more for reverse curves. Minimum tangent between points of reverse cur- vature shall be 100 feet for major streets and 50 feet for collector streets. (d) Offsets. Street offsets approved by the com- mlgsion must offset a minimum distance of 125 feet on eenterline. Offset distance shall be indi- cated on the plat. (e) Intersections. (1) Ail streets and alleys are to intersect at a 90-degree angle with variations of 15 de- grees, subject to commlgsion approval upon evidence of geed cause. (2) Radii will be at least one-half the width of the pavement, including curbs, with a minimum of 15 feet. (3) Acute ~ngle intersections approved by the commlgsion are to have 25-feet radii at acute corners. (A chord llne may be sub- stituted 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 CD98:14 SUBDMSIONS § 98-211 of two existing or proposed designated major streets or highways. Distances be- tween intersections with existing and pro- posed major streets and highways shall be shown on the preliminary plat. (5) Street or alley intersections with or ex- tending to meet an existing street or alley will be tied to the existing street or alley on centerline, with dimensions and bear- ings to show relationship. (D Cul-de-sac streets. (1) Turnareunds are to have a minimmn right- of-way radius of 60 feet for residential, commercial or other uses. Pavement ra- dins shall be not less than 40 feet. (2) M~mumlength ofcul-de.sac streets shall be: a. Eight hundred feet for single-family developments. b. Six hundred feet for multifamily and commercial developments. (3) Temporary turnarounds, conforming to the minimum radii requirements of subsec- tion (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 shah be 1,200 feet, measured along the center of the block, when the average lot size is 6,000 square feet or less. 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 thor- oughfare, railroad, body of water or simi- lar barrier shall be 2,500 feet, except under special conditions and upon proval 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 in- cluding storm and sanitary sewers and shall automatically become dedicated for street purposes when and in so far as a feet strip adjacent to it is dedicated for public street purposes. (3) Whenever a partial or half-street has al- ready been provided adjacent to a tract to be subdivided, the remsining half or width necessary to meet the minimum require- ments for full right-of-way shall be plat- ted 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 dedi- cated 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 there- upon 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, ~ssigns, or successors)." (j) Street names. Ifa proposed street may be or become an extension of an existing street even if not ~mmediately 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 recog- nlzed name of any other street located in the city or its extraterritorial jm~_sdiction. (Cede 1961, § 19-23(bX1)f) Cross reference~treetz, sidewalks and other public place~, ch. 94. CD98:15 § 98-212 PORT ARTHUR CODE Sec. 98-212. Engineering data. (a) Generally. Accurate dimensions, both lin- ear and angular, of ali 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 di- mensions shall be expressed in feet and decimals of a foot; angular dimensions may be shown by bearing. (Preliminary plats may contain approxi- mate data.) (b) Streets and alleys. The following informa- tion 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 radially 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 applica- ble 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 wa- tercourses, ravines and drainage ease- mente 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 conve- nient location, preferably along a utility easement ar paralleling the drainage ease- merit or stream. (4) Pipelines having no defined easement lo- cation or width shall be tied by aimen- sions 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 pipe- line. (Code 1961, § 19-23(b)(1)g) Sec. 98q213. 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 loca- tion of the subdivision and for the type of devel- opment 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 theft 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). All lots shall front on a 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 thorough- fares or freeways). See also section 98-216(a)(3). (c) Double frontage lots. Double frontage lots are prohibited except when baclrlng 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 subdi- vision outside the city, no lot width shall have a width, depth or land area less than that pre- scribed 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 CD98:16 SUBDIVISIONS § 98-215 than the average interior lot depth, ex- cept where the average interior lot depth is 150 feet or more. (Code 1961, § 19-23(bX1)h) Sec. 98-214. Numbering. (a) Blocks are to be numbered consecutively within the overall plat or sections of an overall plat as recorded. (b) AH lots are to be numbered consecutively within each block. Lot numbering may be cumu- lative throughout the subdivision if the number- ing 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. (Code 1961, § 19-23(bX1)i) 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 subdivider's property as determined by the commission. Where gullies, ra- vines, draws, sloughs or other substantial natural drain~ge 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 ease- ments and drainage rights-of-way are re- quired to drain substantially large areas beyond those being developed by the sub- divider, as determined by the city eugi- neet, the commission may require the developer to allow the city or other appro. priate 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 sub- (3) stantially drain the subdivision. Where conditions require, there shall be pro- vided a stormwater drainage easement or right-of-way adequate for the purpose, as determined by the city engineer. 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 main- tenance of the drainage facilities and abut- ting property shall not be permitted to drain into this easement except by means of an approved drainage structure." (b) (1) (2) Utilities. Where practical, all utilities and service lines shall be located underground. The location and size of utility easements shah 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 util- ities, 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 pro- vided. Where the subdivision abuts unde- veloped acreage not controlled by the sub- divider, 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 re- quired. Provision oft/tility easements along and adjacent to street rights-of-way may negate the need for backyard or sideyard 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 ease- ment 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)). CD98:17 § 98-215 PORT ARTHUR CODE (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. (Code 1961, § 19-23CoX1)j) Sec. 98-216. Plat dedication and certifica- tion. (a) The following fora for dedications and cer- tifications shall be utilized on the final plat of a subdivision or a resubdivision: "STATE OF TEXAS, COUNTY OF "1 (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 forego- lng map of (name of subdivision), do hereby make subdivision of such property (in case of corpora- tions, use words "for and on behalf of such/name of company and") dedicate to public use, as such, the streets, alleys, sidewalks, parks, and ease- merits shown thereon forever; and do hereby waive any claims for damages occasioned by the establishing of grades as approved for the streets, alleys and sidew-lk~ dedicated, or occasioned by the alteration of the surface of any portion of streets, alleys or sidewalks to confom to such grades; and do hereby bind myself (or ourselves), my (or our) heirs, successors and assigns to war- rant and forever defend the title to the land so (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 preperty, do hereby ratify and confirm such subdivision and dedication, and do hereby in all things subordinate to such subdivision and ded- ication the lien(s) against such land owned and held by me (or us). (Signature of lienholder(s) to appear below that of own- ers 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 subdi- vided in the above and foregoing map shall be restricted in its use, which restric- tions shall run with the title of the prop- erty, and shall be enforceable, at the op- tion 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 dr-lnage opening area of sufficient size to permit the free flow of water without backwater, shall be a minimum of 1¥~ square feet (15-inch diameter pipe culvert) and/or designed in ac- cordance 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 thorough- fare or freeway: "There is hereby imposed a restriction, which shall run with the land, that lots backing or siding on S~reet 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 " (5) Signature of Owner(s) The following provision is to be used where aerial easements are provided for over- head utility lines: "There is also dedicated for utilities, an unobstructed five-foot wide aerial ease- ment extending upward from a plane 20 CD98:18 SUBDMSIONS § 98-216 (6) feet above the ground adjacent to either side of all easements and alleys shown hereon." Endorsement form for corporations: "IN TESTIMONY WHEREOF, the (name of company) has caused these pre- sents to be signed by (name of president), its president, thereunto authorized, at- tested by its secretary (name of secre- tary), and its common seal hereunto al- fixed this day of A'i'rES~. (NAME OF COMPANY) (7) (Secretary) President Notary acknowledgment for individual: "STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned author- ity, on this day personally appeared (name of owner(s)), known to me to be the per- son(s) whose name(s) is (or are) sub- scribed 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 hns- band and wife join in the dedication, the following form should be added:) and the same such (name of husband/wife), hav- ing 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 corpora- "STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned author- ity, on this day personally appeared (name of president), president, and (name of secretary), secretary of the (name of com- pany), known to me to be the persons whose names are subscribed to the fore- going instrument, and acknowledged to me that they executed the same for the purposes and considerations therein ex- pressed, 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 regis- tered professional surveyor) of the s~ate, have pla~:ted 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 bench- marks are correct as shown on this plat, and that this plat correctly represents that survey made by me." /s/ R.RE. (R.RS~) 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 CD98:19 § 98-216 PORT ARTHUR CODE day of A.D., 20 Chairman Secretary (b) 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. (c) Tax certificates shall accompany the plat, indicating that all taxes have been paid. (d) 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 defin- ing its location and granting or permitting to the public such public streets, alleys or easements in, over and under, and across such private ease- ments, rights-of-way or fee strips for construction, operation and maintenance of those public facili- ties indicated. (Cede 1961, § 19-23(b)(1)k) Secs. 98-217--98-250. Reserved. ARTICLE IV. REQUIRED IMPROVEMENTS Sec. 98-251. General requirements. (a) The subdivider shall be required to install at his own expense, all water, ssxfitary sewer and other utility lines; streets; alleys; sidewalks; storm sewer lines and drainage facilities and structures within the subdivision, including all engineering costs covering design, layout and construction, except as provided in this section. The commis- sion may require excess improvements which it determines, on the advice of the planning direc- tor, city engineer or water u~ities manager, to be necessary to the city. Such excess improvements may include, but are not necessarily limited to, oversized storm drainage or utility lines to service areas beyond the proposed subdivision. In such cases, the city shall participate in the cost of such improvements to the extent of the difference in cost between the improvement required and that which is necessary for the proper development of the subdivision in accordance with city standards. Before beg~n n {ng any construction of the improve- ments authorized in this article on proposed road- ways, public utilities, or drainage facilities, or structures pertaioAng to any subdivision coming under the provisions of this chapter, complete plans and specifications for such improvements shall have first been completely approved by the city engineer and water utilities manager as meeting the city standards in connection with the approval of a final plat of the proposed subdivi- sion by the comm{-~sion. Construction of streets, alleys, sidewa]k~, storm drainage and utility ser- vice facilities shall be in conformance with city standards. Improvements shall be installed within all of the area of any subdivision or section thereof given final approval and filed or to be filed for record. (b) The city may pay a portion of the construc- tion cost of the extension of the city water, sani- tary sewer and storm drainage system to serve the subdivision when funds are available for such extensions and the same is deemed expedient by the city. Any such participation by the city shall be only for the extension of services to the plat boundary and not within the subdivision proper, except as provided in subsection (a) of this sec- tion. The subdivider shall be responsible for pro- viding any necessary off-site easements or rights- of-way. The comm{~sion may refuse to approve a plat whenever it is evident, based upon evidence submitted by the city engineer and/or water util- ities manager, that adequate city utilities or storm drainage facilities cannot be supplied withir~ a reasonable time or at a reasonable cost. Where the public water and sewer system is not reason- ably accessible to the subdivision, the plat may be approved if the developer shall construct and install complete private water and sewer systems, meeting city standards and approved by the city health department and water utilities manager. This shall not be construed to permit individual wells or water supply or individual septic tank or sewage disposal. The approval ora final plat shall CD98:20 SUBDMSIONS § 9~-253 not commit or obligate the city to extend its water, sanitary sewer or storm drainage systems to serve the subdivision. (c) The city engineer or his duly authorized representative shall, from time to time, inspect the construction of all required improvements during the course of construction to see that the improvements comply with the city standards governing them. In this regard, free access to the subdivision shall be accorded by the subdivider, h~s agents and employees. Inspection by the city engineer, or a failure of the city engineer to inspect construction as required in this section shall not in any way impair or diminish the obligation of the subdivider to install improve- merits in the subdivision in accordance with plans and specifications therefor as approved by the city engineer and water utilities manager in accor- dance with the city standards. (d) Aider all improvements required by the city have been completed by the owner or subdivider of the subdivision, the city engineer will require one set of as-built drawings of all utilities, street improvements and sidewslb~ that have been con- structed, to be filed within 30 days after cemple- tion of all required improvements. (Cede 1961, § 19-31) Sec. 98-252. Streets, alleys and sidewAIlr~. (a) Streets are to be of reinforced concrete with monolithic curb and gutter and catchbasins laid to grade to provide efficient drainage, and accord- ing to current city standards. Minimum radius of 15 feet, or one-half the width of the minor street at intersections, whichever is greater. ~inimunl width of street shah be 27 feet, back-te-back of curbs in serf-contained subdivisions, with mln~- mum widths of other streets to be determined by the city engineer. In or adjacent to a previously platted and improved subdivision where the storm drainage is predominantly of open-ditch design, the commission may approve, upon the recommen- dation of the city engineer, a concrete street pavement width of 22 to 24 feet with open-ditch drainage. (b) The developer or subdivider shall connect the proposed streets to the cites existing streets with approved connections at no cost to the city when deemed expedient by the city. Culverts, bridges or other structures to span existing or proposed ditches shall be built by the subdivider. (c) All streets shall be marked by the city at each street intersection with a street name sign and other appropriate signs. (d) All streets shall be paved by the subdivider to the plat boundary, even though the proposed street terminates at undeveloped property and the extension of the proposed street is not dedi- cated to the public. (e) Vf~dth of paving (including curbs) for vari- ons types of streets and alleys shall be in accor- dance with c~ty standards. In the case of a major street, the subdivider shall not be responsible for the paving of greater than 31 feet including curbs, of the total width. In the case of a major street which borders a subdivision, the developer shall be required to provide only one-half of the total required improvement for such major street. In the case of a major street where the minimum required right-of-way dedicated by the developer exceeds 90 feet in width, the minimum required pavement improvement for such major street shall not apply. (f) SidewAllr~ shall conform to city standards. (Cede 1961, § 19-32) Cross reference~Streets, sidewslks and other public places, ch. 94. Sec. 98-253. Water distribution system. (a) The subdivider shall construct within the proposed subdivision a water distribution system to serve the subdivision at' every lot within the limits of the subdivision, designed and con- structed in a manner to provide adequate flow for domestic consumption and for adequate fire pro- tection. Generally, water lines shall be installed at the fronts of lots, tracts or reserves. (b) The developer's engineer shall conform to the recommendations of the water utilities man- ' ager in the design and layout of the water distr,- butlon system. The design shall be acceptable, without penalty, to the state fire insurance com- mission. CD98:21 § 98-253 PORT ARTHUR CODE (c) Water lines shall not be less than six inches in size and shall be of city standards materials, except that cast iron may be specified by the water utilities manager for understreet crossings and where special conditions exist, and except that four-inch lines may be permitted by the water utilities manager for short loop streets where fire hydrants are not required. (d) Fire hydrants shall be spaced along the streets as approved by the water utilities man- ager using a m~mum spacing of 700 feet be- tween hydrants in areas to be developed with single-fsmily detached dwellings. The maximum spacing of hydrants in areas to be developed with commercial, industrial, town homes, town houses, apartments or other nonsingle-fnmfly detached dwelling uses shall be 400 feet. However, in areas of extreme density, the water utilities manager may prescribe an even lesser spacing. (e) All materials and installations shall be in accordance with the city standards. (Code 1961, § 19-33) Sec. 98-254. Sanitary sewer system. (a) The subdivider shall construct within the proposed subdivision a sanitary sewer system to serve the subdivision at every lot wi~hln the limits of the subdivision, designed and con- structed in a w~nner to provide adequate capac- ity for domestic use. Generally, sanitary sewer lines Shall be installed at the fronts of lots, tracts or reserves. Co) The subdivider's engineer shall conform to the recommendations of the water utilities man- ager in the design and layout of the sanitary sewer system. (c) Manholes shall be spaced in the sewer lines at every junction and angle point. The spacing shall not exceed 600 feet. Manholes or cleanouts shall be located at the P.C. and P.T. of all lines laid on a curve with a radius of 100 feet or more. (d) The terminus of all sewer lines must be provided with a cleanout or manhole. (e) All material and installations shall be in accordance with city standards for the same. The maximum size for vitrified clay pipe shall be 24 inches. (Code 1961, § 19-34) Cross reference~--Utilities, ch. 110. Sec. 98-255. Storm drainage system. (a) The subdivider shall construct a drainage system to drain the proposed subdivision and every lot therein. The developer's engineer shall conform to the recommendations of the city engi- neer in the design of the drainage system. (b) Materials and installation shall be in accor- dance with the city standards for the same. In no case shall a smaller diameter pipe than 18 inches be used. (c) Catchbasins shall be spaced no more than 300 feet apart and shall be of the type specified by the city engineer. (d) Minimum gutter grade shall be 0.20 per- cent. The city engineer may approve a lesser slope, but in no case less than 0.15 percent. (e) Where a culvert runs under a proposed roadway or within two feet of such roadway, the subdivider shall baclr61! with cement stabilized sand and compact the trench to a uniform density equal to or greater than that of the undisturbed earth adjacent to the trench. (f) The commission may refuse to approve a plat whenever it is evident, based upon evidence submitted by the city engineer or the inspections department that the development of the subdivi- sion cannot reasonably be expected to meei the requirements of any ordinance or law governing the development of floodprone lands. (Code 1961, § 19-35) Cross reference~Utilitie~, ch. 110. Sec. 98-256. Street lighting. Ornamental streetlights and standards of metal or other equivalent material shall be installed by Gulf States Utilities Company in accordance with CD98:22 SUBDMSIONS § 98-257 city standards as approved by the city engineer. Installation cost of' street lights shall be at the developer's sole expense. (Code 1961, § 19-36) Cross reference--St~ets, sidewalks and other public places, ch. 94. Sec. 98-257. Sidewalks required in certain existing subdivisions. (a) The owner of any residential lot in any subdivision for which the plat has already been approved and recorded and in which no residen- tial lots have been sold shall construct a sidewalk for public use in accordance with city standards and plans and specifications reviewed by the director of planning and approved by the city engineer and director of public works. (b) The owner of any commercial lot or tract on which development occurs after the effective date of this section and which abuts a curb and gutter street; is in prox'~mlty to subdivisions requiring sidewalks; or has or likely will have a reasonable amount of pedestrian traffic, shall construct a sidewn]l~ for public use in accordance with city standards and plans and specifications reviewed by the director of planning and approved by the city engineer and director of public works. (c) The provisions of section 98-63 (service) m~ldng it unlawful to issue a cert'rficate of occu- pancy or to permit the land to be served for purposes of occupancy with any public utility shall apply to any lot or tract covered by this section with respect to sidewalks as a required minimum improvement. (Code 1961, § 19-37) Cross reference~Streets, sidewalks and other public places, ch. 94. CD98:23 Chapters 99--101 RESERVED CD99:1