El Campo City Zoning Code

To provide for the harmonious development of the urban area.

To coordinate the supply of services as a tool for directing the optimal distribution of population in the urban area.

To designate and preserve through advance dedication/reservation of rights-of-way for transportation corridors.

To restrict development in areas where hazards may result.

To minimize the financial burden of urban development upon the city.

To ensure the accuracy of land records.

To implement the comprehensive plan for El Campo.

From and after the date of its adoption, the ordinance from which this article is derived shall govern all subdivisions of land within the corporate limits of the city and within its extraterritorial jurisdiction (herein referred to as “ETJ”) as provided under V.T.C.A., Local Government Code ch. 212. The boundary of the ETJ for the city, based upon its population and other factors, is some distance from the city limits and is subject to revision as provided for in V.T.C.A., Government Code [Local Government Code] ch. 42. The city planning and development department should be contacted to determine whether a particular property lies within the city’s ETJ.

No land shall be subdivided within the corporate limits or the extraterritorial jurisdiction of the municipality until:

No building permit or certificate of occupancy shall be issued for any parcel or plat of land which was created by subdivision after the effective date of, and not in conformity with, the provisions of this article; and no excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with this section.

Neither the city nor any public utility operating within the city limits or ETJ shall serve or connect any land with water, sewerage, or other service unless and until both the city and such utility, as applicable, has been presented with proof that such land has an approved and duly recorded subdivision plat consistent with the requirements of this article or otherwise holds a certificate that a subdivision plat is not required to receive such utility service.

Filing and other fees related to this article shall be consistent with the city’s schedule of fees currently in effect, as set out in appendix A to this Code of Ordinances.

Filing fees shall be paid to the city. All fees are nonrefundable.

Publication at least 15 days in advance of hearing being published in an official paper or a paper of general circulation in Wharton County.

Written notice of such public hearing forwarded by the director to owners (as the ownerships appear on the last approved ad valorem tax roll of such governing body) of all lots in the immediate preceding subdivision plat not less than 15 days prior to the date of such hearing; such notice may be served by depositing the same, properly addressed and postage paid, in a post office within the city; provided, however, if such immediate preceding subdivision plat shall contain more than 100 lots, such notice shall be mailed only to those owners of lots which are located within 200 feet of the lot or lots which are sought to be replatted or resubdivided.

The applicant shall consult with the director for advice and assistance before the preparation of the preliminary plat and formal application for its approval. The objective of this preapplication conference is to clarify the regulations, fees and procedures as they apply to the particular parcel and proposed subdivision. To acquaint the staff with the intended development, the developer shall provide the following information in sketch form at this preapplication conference:

Where the proposed subdivision constitutes a portion of a larger land area owned by the developer, the director may require a conceptual plan for development of the larger area. The purpose of a conceptual plan is to demonstrate conformance with the comprehensive plan, a compatible arrangement of land uses, the general location of major thoroughfares, and the feasible continuation of streets, drainage, utilities, and all other subdivision improvements. A conceptual plan shall include all contiguous land owned by the developer or by any individual or entity with an ownership interest in the land included in the preliminary plat; provided that, if the area of such contiguous land is extensive, the director may require that the conceptual plan include only that amount of adjoining land which it finds sufficient to accomplish the above purpose. The conceptual plan shall be drawn at a scale. It shall show topography at one-foot contour intervals; generalized land uses; collector streets; drainage, water, and sewer service areas; and public or community facilities for such land area. The developer may submit a conceptual plan and a preliminary plat for simultaneous consideration by the commission, with the developer’s acknowledgment that required changes to the conceptual plan might require corresponding changes to the preliminary plat. Following its acceptance by the commission, a conceptual plan shall be retained as a public record in the office of the director of planning and development.

The time required to review and process the preliminary plat shall be a maximum of 30 days following receipt of the complete application, preliminary plat, conceptual plan (as appropriate), and required support documents. Plat submittals which are incomplete shall be administratively denied. The director shall provide to the applicant written notification of the administrative denial of any incomplete plat submittal within ten working days of the filing of the plat. Written notice of administrative denial shall identify the required elements of the submittal which are incomplete or lacking.

The purpose of the preliminary plat is to provide the commission with adequate information to determine whether the proposed development complies with the objectives and requirements of this section and the comprehensive plan, including the thoroughfare plan. The developer shall submit to the director three copies of the preliminary plat drawn on 22-inch by 34-inch paper at a scale of one inch to 100 feet or larger if necessary. Specific information to be included on the preliminary plat shall include the following:

The commission shall render a decision on the preliminary plat at the meeting at which it is to be considered unless a postponement is agreed upon by the developer and the city planning and zoning commission. Such decision may consist of approval, conditional approval, or disapproval. In accordance with state law, a subdivision plat is deemed approved if the city does not disapprove the plat within 30 days of the submittal of a complete application. Conditional approval shall be deemed to be a disapproval of such plat until the director determines that such conditions have been met, at which time the director may approve the plat without sending it back to the commission. Within ten working days after his or her receipt of written affirmation from the developer that the conditions have been met, the director shall either determine whether the conditions have been met or send the plat back to the commission to make such determination. Approval of the preliminary plat shall lapse unless a final plat is submitted within one year from the date of initial approval; provided that, upon (1) receiving a written request from the developer submitted prior to the lapse of preliminary plat approval and (2) finding that the developer is actively pursuing approval of construction plans and/or a final plat, the director may extend the city’s approval of the preliminary plat one time for not more than one year provided that he finds that no material change has occurred in the preliminary plat. A preliminary plat whose approval has lapsed and has not been changed since its approval may be reinstated by the director as an approved preliminary plat upon the payment of all fees for a preliminary plat application in accordance with the fee schedule at the time of reinstatement and upon the director’s finding that the reinstated preliminary plat is in conformance with the objectives of this section and the comprehensive plan. Subsequent units of subdivision shall be reviewed as to their conformance to the preliminary plat. Approval of the preliminary plat by the city planning and zoning commission shall not constitute acceptance of the final plat but will be deemed only concurrence with the arrangement of land uses and public facilities, the provision of public utility services or acceptable alternatives, the phasing of development, if applicable, and the approximate size of streets, lots, and blocks. The developer may proceed with the preparation of construction plans and the final plat in accordance with the approved preliminary plat and the regulations in effect on the date of preliminary plat approval or reinstatement, whichever is later.

The final plat shall conform to the preliminary plat as approved, except for minor changes approved by the commission, and, if desired by the developer, it may constitute only that portion of the approved preliminary plat which he or she proposes to record and develop at the time; provided that such portion conforms to all requirements of the El Campo subdivision ordinance which were in effect on the date of approval of the preliminary plat, and that the phases of development be indicated on the preliminary plat.

Plats shall be filed with the city clerk before the deadline established by the director. Plat submittals which are incomplete shall be administratively disapproved. The director shall provide to the applicant written notification of the administrative disapproval of any incomplete plat submittal within ten working days of the filing of the plat with the city clerk. Written notice of administrative disapproval shall identify the required elements of the submittal which are incomplete or lacking. The commission shall render a decision on the final plat at the meeting for which it is to be considered unless a postponement is agreed upon by the developer and the commission. The status of final plat approval shall be identified on the plat submittal, identifying whether plat approval is for construction or recording. The commission shall take action on all complete plat submittals within 30 days of the filing deadline. Such action may consist of approval, conditional approval, or disapproval. In accordance with state law, a subdivision plat is deemed approved if the city does not disapprove the plat within 30 days of the submittal of a complete application. Conditional approval shall be deemed to be a disapproval of such plat until the director determines that such conditions have been met, at which time the director may approve the plat without sending it back to the commission. Within ten working days after his or her receipt of written affirmation from the developer that the conditions have been met, the director shall either determine whether the conditions have been met or send the plat back to the commission to make such determination.

The final plat represents the commission’s final opportunity to ensure that the development conforms to the requirements of this article, that it is consistent with all the conditions identified in the preliminary plat and that there is compliance with all provisions of this article. The developer shall submit to the director three copies of the final plat. The final plat shall be drawn at the same scale and same sheet size as the preliminary plat. Where necessary the final plat may be on several sheets accompanied by an index sheet showing the entire subdivision. The final plat shall show or be accompanied by the following information:

The final plat may be approved for recording after 90 percent completion of construction, as determined by the director, if a cash bond or surety bond or an irrevocable letter of credit acceptable to the director is deposited with the city to secure the completion of all improvements. In this case, the director shall certify that the financial assurance has been deposited with the city. Upon approval of the final plat for recording and certification by the chairman of the commission, the subdivider shall submit three translucent film (Mylar) originals, of which one shall be retained in the files of the director. A digital file shall also be submitted if available. Approval of the final plat by the commission shall constitute the acceptance by the public of the dedication of any streets or other public way or ground subject to the construction and maintenance guarantees of the developer.

Where only a portion of an approved preliminary plat is submitted for final approval, a final plat of the remaining area may be submitted at any time within five years of the date of preliminary plat approval. If the final plat for the remaining area does not conform substantially with the approved preliminary plat, the remaining area of the preliminary plat shall be deemed null and void. If a final plat of the remaining area has not been submitted within the five-year time period, the portion of the preliminary plat for which no final plat has been submitted shall be deemed null and void. However, if at least one phase of the preliminary plat has received final plat approval, its public improvements have been completed, and it has been filed in accordance with these regulations, an extension to the five-year time limit shall be granted by the director upon request by the developer unless the director determines that development conditions have substantially changed since the date of preliminary plat approval, in which case the request shall be forwarded to the commission. The commission may deny the request if it determines that development conditions have substantially changed, and such conditions shall be stated in the minutes of the meeting. A request for the extension must be submitted to the director prior to the five-year deadline date. Such extensions shall be for a period of one year, and may be renewed annually.

The commission may approve and issue an amending plat, which may be recorded and is controlling over the preceding plat without vacation of that plat if the amending plat is signed by the applicants only and is solely for one or more of the purposes set forth in state law. Notice, a hearing, and the approval of other lot owners are not required for the approval and issuance of an amending plat.

A final plat which has been approved by the commission but not recorded with the county clerk and is found to contain a scrivener’s or clerical error may be corrected by the applicant upon approval by the director. This procedure shall only be applied where the error is not substantive. The director may send any such corrections to the commission for approval.

If any of the proposed area to be resubdivided or replatted was, within the immediate preceding five (5) years, limited by any interim or permanent zoning classification to residential use for not more than two residential units per lot, or if any lot in the immediate previous subdivision was limited by deed restriction to residential use for not more than two residential units per lot, the following additional requirements for approval shall apply, in any resubdivision or replatting of a subdivision, without vacating the immediate previous plat.

A plat that meets the definition of a minor plat may be processed in one step and approved administratively thereby combining the preliminary plat and final plat requirements and, at the discretion of the director of planning and development, eliminating the requirement to be forwarded to the planning and zoning commission for review and approval (see definition of minor plat below). A minor plat is a plat involving four or fewer lots fronting on an existing public street and as per the director’s determination that:

The submittal of an application for a minor plat shall be made to the director of planning and development at the preliminary conference. Upon determination by the director that the proposed subdivision meets the definition of a minor plat, the applicant shall submit a final plat consistent with the requirements for preliminary and final plats in section 10.12.010 and section 10.12.011 [section 10.12.009 and section 10.12.010] of this article.

The director shall review the proposed minor plat to ensure compliance with all applicable requirements. The director may submit the proposed subdivision to other city departments and/or other agencies for review and comment, as he or she deems necessary. Within ten working days after the date of application, the minor plat shall be returned to the subdivider with written comments. Upon completion of plat review by city staff and corrections by the applicant, the applicant shall submit the items listed below within ten working days after receiving staff comments:

The director of planning and development may approve a minor plat without sending it to the planning and zoning commission, although he or she may elect to forward a minor plat to the commission for review and approval. A minor plat not approved by the director will be sent to the commission for action within 30 days after the date of application.

The city council shall require that all land subdividers and developers shall, on all subdivisions of land in the city and within its extraterritorial jurisdiction, as that term is defined in the Texas Local Government Code, adhere to and be governed by the policies that have been established for the provision and construction of underground utilities, street improvements, alleys or easements.

The purpose of minimum improvements and design standards outlined in the design manual is to reflect the character and quality of development envisioned by the city planning and zoning commission to be in the best interest of the citizens both present and future, and to ensure that the long-term effects of development which takes place will not become a burden upon the general public in the future. The specific requirements expressed herein are established to provide streets of adequate right-of-way width, alignment and traffic capacity to prevent or at least to minimize traffic hazards and congestion, to provide adequate space for the installation of necessary utility services and collection and disposal of storm waters and to establish sized lots, tracts or parcels of land where residential and other types of building structures may be constructed without creating hazards to the health, safety, and wellbeing of the occupants. Where physical or topographical features may render the specific requirements identified to be impracticable, the city council may authorize a variance from these standards (see section 10.12.023(d)).

The following improvements are required prior to final plat approval for recording.

Adequate streets shall be provided by the developer and the arrangement, character, extent, width, grade, and location of each shall conform to the comprehensive plan, and these design factors shall be considered in their relation to existing and planned streets, topographical conditions, public safety, and convenience, and to their appropriate relationship to the proposed uses of land to be served by such streets. The street layout shall be devised for the most advantageous development of the entire neighborhood. Unless specifically approved by the city planning and zoning commission, no double-front lots, as defined in this article, will be allowed. Street type, pavement, and right-of-way widths for all streets within and adjacent to the subdivision shall be as specified by the city planning and zoning commission and, in all cases, shall be not less than the following:

Where necessary to the neighborhood pattern, existing streets in adjoining areas shall be continued, and continued street construction shall be at least as wide as such existing streets and in alignment therewith. Adjoining residential developments of similar density shall in all cases be connected by streets when feasible. The commission may exercise discretion in requiring continuation of streets between developments of different residential density, between residential and nonresidential developments, and between residential developments and collector streets. Single-entry subdivisions shall be discouraged, and any subdivision containing more than 15 lots must provide two or more street connections. Where the commission finds that a street connection is not necessary, the commission may require a pedestrian right-of-way containing sidewalk, trail or other subdivision improvements to facilitate pedestrian travel.

Where adjoining areas are not subdivided, the arrangement of streets in the subdivision shall make provision for the proper projection of streets into such unsubdivided area. The spacing of street projections shall be in conformance with maximum block lengths allowed, subject to the discretion of the commission in accordance with this article.

A local or collector street intersecting a local or collector street shall have a centerline offset of not less than 125 feet from the nearest intersection. A local or collector street intersecting a major thoroughfare street shall have a centerline offset of not less than 300 feet from the nearest intersection.

No half streets or half alleys will be permitted along the boundaries of proposed subdivisions.

Street intersections shall be as nearly at right angles as practicable. Intersections with major thoroughfare streets shall be located for optimum visibility of the intersection by major thoroughfare street traffic with regard to vertical and horizontal curves, and for optimum stopping distance with regard to the arterial street grade. Curb radius shall conform to city standards. For intersections of two major thoroughfare streets, the commission shall have discretion to require right-of-way tapers at approaches to such intersections.

Dead-end streets shall be prohibited except as short stubs to permit future extension, and shall not exceed the depth of one lot on each side of said street, provided that in no case shall such depth exceed 250 feet. A reserve strip deeded to the city shall be required separating the terminus of the dead-end street and the property line. Such reserve strips can be removed only through the subdivision of adjacent property that includes an extension of the dead-end street.

A cul-de-sac shall not be more than 500 feet in length unless approved by the city planning and zoning commission for specific reasons of topography, engineering design or limited residential density or nonresidential use intensity. In no case shall a cul-de-sac longer than 1,200 feet be allowed. In residential areas, the turnaround shall have a minimum right-of-way radius of 50 feet and a minimum driving surface outer radius of 42.5 feet. In commercial or industrial areas, the turnaround shall have a minimum right-of-way radius of 60 feet and a minimum driving surface outer radius of 50.5 feet.

In the case of a subdivision which is served by existing streets, and the right-of-way widths of such streets do not meet the minimum requirements of appendix B, City of El Campo Design Manual, chapter 6, Paving and Street Design Requirement, the developer shall dedicate the following right-of-way, as appropriate to the situation as described below:

[Reserved]

There shall be no reserve strips controlling access to streets, except for dead-end streets and where the control of such strips is definitely placed with the city under conditions approved by the city planning and zoning commission.

Where a deflection angle of more than ten degrees in the alignment of a street occurs, a curve of reasonably long radius shall be introduced. On streets with rights-of-way of 60 feet or more in width, the centerline radius of curvature shall be not less than 400 feet; on streets with rights-of-way of less than 60 feet in width, the centerline radius of curvature shall be not less than 200 feet. Between reverse curves, a tangent (straight segment) shall be introduced whose length is not less than one-half of the radius of the adjoining curve.

To ensure adequate drainage a minimum gradient of 0.33 percent is necessary.

Curbs shall be installed in the subdivision on both sides of all interior streets and approach streets and on the subdivision side of all existing streets forming a boundary of the subdivision, in accordance with city construction standards.

Names of new streets shall not duplicate or cause confusion with the names of existing streets, unless the new streets are a continuation of, or in alignment with, existing streets, in which case names of existing streets shall be used.

Alleys are not required unless used as a main vehicular access for commercial or residential lots or for townhouses or apartment parking. However, if the circumstances warrant, the city planning and zoning commission may require that alleys be provided. Where alleys are required or where an alley is being provided by the developer, such alleys shall comply with the following criteria:

The following guidelines shall apply in determining sidewalk locations.

Block length shall not exceed 1,200 feet. Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. Each lot shall front on a public street or an approved and platted private street.

All lots inside the city limits and within the ETJ shall meet the minimum lot size required by the zoning ordinance. The subdivision design shall provide for lots of adequate width, depth, and shape to achieve efficient use of land, to provide adequate open area, to eliminate overcrowding, [and] to be appropriate for the location of the subdivision and for the type of development and use contemplated in accordance with the city’s zoning ordinance.

The minimum depth of building setback lines from the property lines of developments located within the city shall meet the minimum requirements of the city’s zoning ordinance. Building setbacks for developments located within the ETJ shall conform to the proposed zoning classification(s) for the development or in accordance with the developer’s annexation agreement or in accordance with the comprehensive plan.

Where a lot in a residential area backs up to a high-pressure gasoline, oil or gas line, high-power electric transmission line, a major thoroughfare street, an industrial area or other land use which has a depreciating effect on the residential use of the property, additional depth may be required by the city planning and zoning commission. It is recommended that the depth of such lots be 25 percent greater than other residential lots in the neighborhood, but in no case shall a depth in excess of 150 feet be required. Where a lot sides to any of the above, additional width may be required by the city planning and zoning commission. It is recommended that the width of such lots be 25 percent greater than other residential lots in the neighborhood, but in no event shall a width in excess of 100 feet be required.

All public, private, and franchised utilities, including but not limited to electric lines, telephone cables, and television/communication cable, shall place service lines underground throughout any new residential development. Exceptions are:

The placement and separation of the various utilities within an easement shall be subject to approval by the public works director. If a sanitary sewer, storm sewer, or water main is to be placed in an easement, the location of the main in relation to the other utilities shall be determined by the public works director.

In a perimeter easement where overhead primary electric lines and/or feeders are proposed, such overhead power poles shall be located as near as possible to the perimeter property line of the subdivision.

The placement of any utilities within a street right-of-way or alley shall conform to the city’s engineering design standards and specifications and shall be subject to approval by the city manager.

For utilities not located entirely within a public right-of-way, the subdivider shall dedicate easements to the public that shall allow every lot within a subdivision to have access to all available essential public, private, and franchised utilities as described above.

For utilities placed at the rear or side of lots, easements shall be at least 20 feet in total width, centered on lot lines except. [sic] Corner lots are treated as having two front yards. For utilities placed at the front of lots but not entirely within a public right-of-way, an easement shall be required from the edge of the right-of-way and shall be wide enough to satisfy the additional width needed to meet the city’s engineering specifications. When an easement is required along a boundary abutting an unplatted area under separate ownership or other property under separate ownership on which no easements exist, and the developer cannot arrange for one-half of the 20-foot easement to be dedicated by separate instrument, a 20-foot easement shall be required along such boundary abutting such areas. When an easement is required along a boundary between a current and future phase of a proposed subdivision, one-half shall be dedicated by separate instrument. If conditions exist which make it impractical to serve certain lots with utilities from rear easements or at the front of properties, easements may be required alongside lot lines. The width of a side yard easement may be reduced to a total of ten feet, centered on the lot lines, if approved by the public works director.

Where streetlights are proposed, streetlight easements necessary to serve such lights shall be provided. Streetlight easements shall be a minimum of five feet in width and shall be utilized only for streetlight wiring.

If a sanitary sewer, storm sewer, or water main is to be included in an easement with other utilities, such easement shall be at least 20 feet in width.

Maintenance of the easement is the responsibility of the owner of the property upon which it is located. It shall be the duty of the property owner to keep the area clear of any structure, debris, vegetation, trees, shrubs or landscaping whatsoever, except that lawn grass which shall be regularly mowed and controlled.

Overhead utility line easements shall be provided to afford clearance from existing overhead utility lines as specified by the National Electrical Safety Code and by other applicable codes and laws. The director will provide information to ensure compliance with these specifications.

Aerial easements or easements of greater widths than specified above may be required as deemed necessary by the public works director. Wider easements may be necessary for the extension of utility mains, storm sewers, and drainage, or the accommodation of utilities in other unique situations. Where utility easements are not straight within each block or do not connect on a straight course with the utility easements of adjoining blocks, then an additional easement shall be provided for the placing of guy wires on lot division lines in order to support poles set on curving or deviating rights-of-way or alleys.

A perfectly prepared and recorded subdivision or plat means little to a prospective lot buyer until he or she can see actual physical improvements and transformation of raw acreage into lots suitable for building purposes. Improvements by the developer spare the community of a potential tax liability. Every developer shall be required to install monuments, streets, alleys, curbs, water mains, drainage systems, utility systems, and, where applicable, sidewalks, traffic control, and street lighting, in accordance with specifications established by the city. The developer shall bear the total cost of construction of all on-site improvements. All services for utilities shall be made available for each lot in such manner as will obviate the necessity for disturbing the street paving, curbs, and drainage structures when connections are made.

Any person, firm, or corporation who fails to comply with or violates any part of this chapter shall be subject to the penalties pursuant to the city code, as amended.

Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of this chapter; to prevent unlawful construction; to recover damages; to restrain, correct, or abate a violation; or to prevent illegal occupancy of a building, structure, or premises; and these remedies shall be in addition to the penalties described above.

The city planning and zoning commission may recommend to the city council a variance from these regulations when undue hardship will result from strict compliance. In the granting of a variance, the city council shall prescribe conditions that it deems necessary to or desirable in the public interest. In arriving at their findings, the city council shall consider the nature of the proposed uses of the land, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of the requested variance on traffic conditions, on natural and cultural features, and on the public health, safety, convenience, and welfare in the vicinity. Variances shall not be granted unless the city council finds one or more of the following:

No waivers of any of the requirements in this chapter [this article] shall be permitted other than waivers of claims for payment. Variances do not constitute waivers in that they allow substitute requirements as may be permitted under certain circumstances consistent with the criteria for variances in part [subsection (d)] above.

Should any portion of this chapter be held invalid or unenforceable for any reason, it shall not be construed to affect other portions of this chapter.