It is the intent of this section for the city to state the requirements for subdividers, developers, applicants, engineers, surveyors, realtors and other persons interested and involved in the subdivision and the development of land. Further, it is the intent, purpose and scope of this chapter to promote the vision, goals and policies of the city's of comprehensive plan and all of its components and to protect the health, safety and general welfare of the public. In so implementing this chapter, the city may, as needed, utilize policies in the comprehensive plan. Any prospective subdivision of land is hereby also subject to the policies of the comprehensive plan including, but not limited to, the future land use plan and corresponding provisions, as well as complementary general design and construction standards approved by ordinance by city council.

(Ord. No. 2020-25, § 1(Exh. A), 9-29-2020)

In pursuance of the authority granted to cities and counties under the constitution and laws of the state, including the provisions of V.T.C.A., Local Government Code § 212.003, as amended, the city council does hereby adopt the rules and regulations in this chapter governing the subdivision and development of land within the city limits and extraterritorial jurisdiction of the city. Where there is any conflict in the subdivision regulations or with other ordinances, the more restrictive shall apply.

(Ord. No. 2020-25, § 1(Exh. A), 9-29-2020)

125-5.3.1.

The planning department is authorized to establish in writing policies and procedures, including submittal and graphic requirements, specifying the information that must be submitted to the city, including the form and manner of submission, for those development documents, including master plans, preliminary plats, final plats, amending plats, minor plats, site plan packages, and certain other technical information related to infrastructure plans for development. Plat submittal package requirements (including graphic requirements, number of copies, and schedules) are contained in the development handbook. Applications submitted with missing or incomplete information will not be accepted by the city for consideration by the approving authority. Incomplete applications will be returned to the applicant with written comments as to why the application was deemed incomplete.

125-5.3.2.

Preapplication meeting. The subdivider should seek the advice and assistance of the city and consult early and informally with the planning department before preparing a master plan or preliminary plat.

125-5.3.3.

Compliance. Plat applications shall comply with all applicable city ordinances and statutes prior to approval by the city. Should a plat fail to meet all requirements of this chapter, it shall be forwarded to the planning and zoning commission for consideration. Submittals shall be accompanied by the required fee established by the fee schedule. Per V.T.C.A., Local Government Code § 212.0065, platting approval authority is delegated to the director of planning.

125-5.3.4.

Covenant/conditions/restrictions required. Final approval of any plat to subdivide property, whether residential or nonresidential, filed after September 24, 2019 shall not be granted unless the applicant submits a certified copy of the covenants, conditions, and/or restrictions declared for said property that (i) establish materials, design and/or architectural standards acceptable to the city's planning director; and (ii) are recorded in the appropriate county clerk's office.

125-5.3.5.

Association required. A plat to subdivide property, whether residential or nonresidential, filed after September 24, 2019 that creates common area or common land shall be accompanied by a copy of documents evidencing (i) approval by the Texas Secretary of State's Office of the formation of homeowners' association, community association, or property owners' association; and (ii) such association's assumption of the responsibility for maintenance of the common area or common land.

125-5.3.6.

Recordation. No plat shall be recorded unless all public improvements have been approved in accordance with the subdivision ordinance and the current general design and construction standards. Plat recordation will occur once all public improvements master plan.

125-5.3.7.

Master plan.

(a)

Purpose. The purpose of the master plan is to guide the design of subdivisions and allow the planning and zoning commission to review the proposed major thoroughfare and collector street patterns, land use, environmental issues, the property's relationship to adjoining subdivisions or properties, and conformance to the comprehensive plan. Master plans shall meet the intent of the city's adopted comprehensive plan, guiding documents, and other policy guidance.

(b)

Exception. Where a phased or partial development is proposed, the master plan area shall include the entire property from which the phase is being subdivided. A master plan shall not be required if the executive director of development services determines that the preliminary plat(s) contains sufficient information to provide for the review and approval of the entire development.

(c)

Submittal package. The master plan submittal package requirements (including graphic requirements, number of copies, and schedules) are contained in the development handbook. Submittals shall be accompanied by the required fee established by the fee schedule.

(d)

Approvals. Staff comments shall be addressed by the applicant prior to approval by the planning and zoning commission. Said decision will be based upon a determination that the master plan meets the requirements of this chapter and all other applicable city ordinances and regulations. The master plan shall be subject to approval by the planning and zoning commission in concept only and does not constitute approval of the subsequent plats and phasing within the plan boundaries. Minor changes to a master plan may be approved administratively. Minor changes include:

(1)

Amendments that do not alter the basic relationship of uses to adjacent properties; and

(2)

Amendments that constitute less than a one percent change in land use.

(e)

Other approvals. If another board/commission is required to make a recommendation to the planning and zoning commission, then the board/commission's recommendation shall be included when the planning and zoning commission consider the request.

(f)

Expiration and exceptions. The master plan shall expire after two years from the date of submittal, unless one of the following occur:

(1)

An application for a permit (including a plat) necessary to begin or continue towards completion of the project is submitted;

(2)

Costs have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of five percent of the most recent appraised market value of the real property on which the project is located; or

(3)

Fiscal security is posted to ensure performance of an obligation required by the regulatory agency.

(g)

PUD master plans. All master plans that are associated with Planned Unit Development Overlays ("PUDs") are also subject to the requirements in the zoning ordinance.

125-5.3.8.

Preliminary plat.

(a)

Compliance. A preliminary plat of any proposed subdivision shall be submitted for review and approval in compliance with the requirements set forth in this chapter.

(b)

Submittal requirements. Preliminary plat submittal package requirements (including graphic requirements, number of copies, and schedules) are contained in the development handbook. Submittals shall be accompanied by the required fee established by the fee schedule. The preliminary plat shall be in accordance with the master plan (if applicable), the most recently adopted comprehensive plan, and all applicable city ordinances and statutes prior to approval.

(c)

Approval process. If all information and other required submittals are contained within the preliminary plat submittal packet and the application is complete in every respect, the staff will administratively approve the plat. Should a plat fail to meet all requirements of this chapter, it shall be forwarded to the planning and zoning commission for consideration.

(d)

Incomplete applications. If the preliminary plat and other materials submitted are not complete, staff will provide written comments to the applicant on changes/additions required and extent of improvements to be made.

(e)

Layout as guide. Layouts submitted on the preliminary plat shall be used as a guide for the preparation of the final plat and the future installation of streets, water, sewer, and other required improvements and utilities and to the preparation of the infrastructure construction plans. The subdivider is responsible for the resolution of the review conditions and any additional requirements of this chapter and other applicable ordinances.

(f)

Type of approvals. Beginning with the submittal date of a complete application for a preliminary plat, the city shall approve the plat, or the planning and zoning commission shall approve with conditions, or disapprove the plat within 30 days in accordance with the V.T.C.A., Local Government Code (§ 212.009). Said decision will be based upon a determination that the plat meets the requirements of this chapter and all other applicable city ordinances and regulations. An approval with conditions of a preliminary plat by the commission does not constitute approval until the conditions have been satisfied. Failure to comply with the conditions required for approval of a preliminary plat by the commission shall constitute disapproval of the preliminary plat.

(g)

Disapproval. The applicant may proceed for city council approval if disapproved by the planning and zoning commission. The applicant shall submit written documentation to the planning department requesting city council consideration within ten business days after the commission renders its disapproval. Staff will prepare a list based on the meeting minutes of the commission's objections to the city council at the time the item is placed on the city council agenda. No revisions will be made in the plat presented to the city council after the planning and zoning commission's disapproval. The city council has 30 days from the submittal date of the documentation to render a decision. Said decision shall consist of approval or disapproval.

(h)

The planning and zoning commission may, for any reason, refer the applicant back to the city staff for review and staff recommendations. However, the commission or city must still act within 30 days of submittal of the complete plat application.

(i)

Plat expiration. The plat shall expire after two years from the date of submittal if it is not filed on record with Galveston or Harris County, as appropriate, unless one of the following occurs towards completion of the project:

(1)

A good-faith attempt is made to file with a regulatory agency an application for a permit necessary to begin or continue towards completion of the project;

(2)

Costs have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of five percent of the most recent appraised market value of the real property on which the project is located; or

(3)

Fiscal security is posted to ensure performance of an obligation required by the regulatory agency.

(j)

Construction. No construction work shall begin on the proposed public improvements in the subdivision prior to the approval of a preliminary plat and approval of public infrastructure construction plans by the city. The subdivider may at their own risk undertake certain ground excavations for clearing, grading, and drainage purposes. Any required permits shall be issued prior to commencement of work.

(k)

Exception. A preliminary plat shall not be required if the proposed subdivision meets the criteria as set forth in section 125-5.3.10, Preliminary/final plat, below.

(l)

The city planner, director of public works, or city engineer may, for any reason, elect to present the plat to the planning and zoning commission for approval.

125-5.3.9.

Final plat.

(a)

Submittal package. Final plat submittal package requirements (including graphic requirements, number of copies, and schedules) are contained in the development handbook. Submittals shall be accompanied by the required fee established by the fee schedule. The final plat and accompanying data shall substantially conform to the preliminary plat, incorporating all changes, modifications, alterations, corrections, and conditions imposed by the planning and zoning commission. If all information and other required submittals are contained within the submittal packet and the final plat is complete in every respect, the plat shall be approved by the city. A final plat shall be required for any division except those that may be approved through the minor plat, replat and amending plat procedures.

(b)

Incomplete application. If the application is incomplete, planning staff shall make note of such requirements in a letter to the engineer or surveyor. Upon submittal of the requested additional information, the process of review will continue, and this process of review and resubmission shall continue until the application is complete in every respect.

(c)

Approval. At the time the application is complete, staff shall administratively approve the plat. The planning and zoning commission may approve with conditions or disapprove an application for a final plat. Prior to recordation of a final plat that includes public or private improvements (infrastructure), either:

(1)

The improvements must be constructed and initially accepted by the City; or

(2)

Adequate security must be provided for the improvements, in accordance with article V of this chapter.

(d)

Post-approval. Upon approval of the final plat, the applicant shall submit to the Planning Department the following items as required by Galveston and Harris Counties:

(1)

Mylars including the notarized original signatures of the owner(s) of the property included in the plat and the original surveyor and notary seals. (The city will be responsible for the required city signatures and recording the plat with the county.)

(2)

An electronic version of the plat, in a format that is compatible with the city's software.

(3)

Original tax certificates and receipts from all applicable jurisdictions.

(4)

A certified or cashier's check, payable to the county clerk's office for either Galveston or Harris County, in the amount of the cost of the county's recording fees.

(e)

The city planner, director of public works, or city engineer may, for any reason, elect to present the plat to the planning and zoning commission for approval.

125-5.3.10.

Preliminary/final plat.

(a)

The preliminary/final plat process combines the separate preliminary plat and final plat processes into a single process, eliminating the need to go through the two separate processes. This type of plat is used for subdivisions that typically do not require phasing or public infrastructure extensions.

(b)

The same procedures that apply to preliminary and final plats shall apply to a preliminary/final plat. If the developer has complied with the preliminary and final plat requirements and there are no changes required by the staff or planning and zoning commission, then final approval may be granted without the need for separate action on the preliminary plat.

(c)

The city planner, director of public works, or city engineer may, for any reason, elect to present the plat to the planning and zoning commission for approval.

125-5.3.11.

Replat.

(a)

The purpose of a replat is to re-subdivide any property for which a final plat has been previously approved and recorded and does not require the vacation of the entire preceding plat. Replats shall apply only if a property owner desires to change a portion of a final plat that has been previously recorded. Replat submittal package requirements (including graphic requirements, number of copies, and schedules) are contained in the development handbook. Submittals shall be accompanied by the required fee established by the fee schedule.

(b)

The same procedures for final plat approval applies to the replat, except as noted.

(c)

The replat shall be submitted to the planning department with a copy of the preceding plat of land along with the proposed replat.

(d)

Replat without vacation. A replat of all or a portion of a recorded plat may be approved in accordance with state law without vacation if the replat:

(1)

Is signed and acknowledged by only by the owners of the property being replatted; and

(2)

Does not attempt to amend or remove any covenants or restrictions previously incorporated in the recorded plat. A note shall be placed on the replat.

(e)

If a proposed replat does not require a variance or exception, not later than the 15 ^th day after the date the replat is approved, written notice by mail of the approval of the replat will be provided to each owner of a lot in the original subdivision that is within 200 feet of the lots to be replatted according to the most recent municipal tax roll. The notice of replat approval shall include: the zoning designation of the property after the replat; a telephone number; and e-mail address that an owner of a lot may use to contact the city about the replat. This subsection does not apply to a proposed replat if the commission or city council holds a public hearing and gives notice of the hearing. A replat without vacation of the preceding plat must conform to the requirements of this section if:

(1)

During the preceding five years, if any of the area to be replatted had a single-family and duplex zoning classification or

(2)

Any lot in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot.

(f)

Variance. See V.T.C.A., Local Government Code § 212.015 "Additional Requirements for Certain Replats" if proposed replat requires a variance or a legal protest is submitted.

(g)

If the property involves subdivision of property that is from a previous plat recorded before September 11, 1969, then the public hearing and notice requirements listed in this subsection shall not apply.

(h)

The city planner, director of public works, or city engineer may, for any reason, elect to present the plat to the planning and zoning commission for approval.

125-5.3.12.

Minor plat/minor replats.

(a)

The purpose of a minor plat or minor replat is to simplify divisions of land under certain circumstances outlined in state law, when all of the following circumstances exist:

(1)

The proposed division results in four or fewer lots;

(2)

All lots in the proposed subdivision front onto an existing public street and the construction of a street or alley is not required to meet the requirements of this Code;

(3)

Except for right-of-way widening and easements, the plat does not require the extension of any municipal facilities to serve and lot within the subdivision.

(b)

The same procedure for final plat approval applies to the minor plat, except as noted.

(c)

Minor submittal package requirements (including graphic requirements, number of copies, and schedules) are contained in the development handbook. Submittals shall be accompanied by the required fee established by the fee schedule.

(d)

Minor plat applications shall comply with all applicable city ordinances and statutes prior to approval by the city planner or designee. Beginning with the submittal date of a complete plat application, the city planner or designee shall approve or submit a recommendation for disapproval to the planning and zoning commission within 30 days. Said decision will be based upon a determination that the plat meets the requirements of this chapter and all other applicable city ordinances and regulations.

(e)

The city planner, director of public works, or city engineer may, for any reason, elect to present the plat to the planning and zoning commission for approval.

125-5.3.13.

Amending plat.

(a)

The purpose of an amending plat shall be to provide an expeditious means of making minor revisions to a recorded plat in accordance with the current V.T.C.A., Local Government Code Ch. 212. The same procedure for final plat approval applies to the amended plat unless otherwise specified.

(b)

Amending plat submittal package requirements (including graphic requirements, number of copies, and schedules) are contained in the development handbook. Submittals shall be accompanied by the required fee established by the fee schedule.

(c)

The amending plat, which may be recorded and is controlling over the preceding plat without vacation of that plat, may be approved if the amending plat is signed by the applicants only and is solely for one or more of the following purposes:

(1)

Correct an error in a course or distance shown on the preceding plat;

(2)

Add a course or distance that was omitted on the preceding plat;

(3)

Correct an error in a real property description shown on the preceding plat;

(4)

Indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments;

(5)

Show the location or character of a monument that has been changed in location or character or that is shown incorrectly as to location or character on the preceding plat;

(6)

Correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving plats, including, but are not limited to, lot numbers, acreage, street names, and identification of adjacent recorded plats;

(7)

Correct an error in courses and distances of lot lines between two adjacent lots if both lot owners join in the application for amending the plat, neither lot is abolished, the amendment does not attempt to remove recorded covenants or restrictions, the amendment does not have a materially adverse effect on the property rights of the owners in the plat;

(8)

Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement;

(9)

Relocate one or more lot lines between one or more adjacent lots if:

a.

The owners of all those lots join in the application for amending the plat;

b.

The amendment does not attempt to remove recorded covenants or restrictions; and

c.

The amendment does not increase the number of lots.

(10)

To make necessary changes to the preceding plat to create six or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat if:

a.

The changes do not affect applicable zoning and other regulations of the municipality; and

b.

The changes do not attempt to amend or remove any covenants or restrictions; and

(11)

To replat one or more lots fronting on an existing street if:

a.

The owners of all those lots join in the application for amending the plat;

b.

The amendment does not attempt to remove recorded covenants or restrictions;

c.

The amendment does not increase the number of lots; and

d.

The amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities.

(12)

Notice, a public hearing, and the approval of other lot owners are not required for the approval and issuance of an amending plat.

(Ord. No. 2020-25, § 1(Exh. A), 9-29-2020; Ord. No. 2022-25, §§ 19—21, 8-9-2022; Ord. No. 2024-36, §§ 1—5, 9-24-2024)

125-5.4.1.

Subdivision development standards. Development standards shall meet all requirements of the city's most current comprehensive plan and its related master plans, zoning, platting, subdivision requirements, development agreements, and the city's general design and construction standards.

125-5.4.2.

Dedication and construction of improvements. Whether public infrastructure will be located on, adjacent to or outside the boundaries of the property being developed, the developer shall dedicate all rights-of-way and easements for, and shall construct at developers' expense, improvements within the rights-of-way or easements for the public infrastructure improvements needed to adequately serve a proposed development. This work shall be consistent with the city's most current comprehensive plan, and its related city approved master plans, as well as the city's general design and construction standards. Furthermore, all proposed public infrastructure shall extend across and to the extent of the property boundary for the development for future use beyond the development in order to facilitate the adjacent property to develop unless waived by the city engineer due to atypical circumstances. All public infrastructure improvements within the city limits, with the exception of drainage channels or retention/detention facilities, shall become the property of the city upon completion and acceptance.

125-5.4.3.

Adjacent road improvements. In the case of adjacent or abutting roads, the city may require that the entire right-of-way be dedicated and improved to city design standards, depending on factors such as the impact of the development on the road, the timing of development in relation to need for the road, and the likelihood that adjoining property will develop in a timely manner. In the case of frontage or service roads for state and federally designated highways, the entire abutting right-of-way shall be dedicated and improved to applicable construction design standards.

125-5.4.4.

Reservation of right-of-way. The city may reserve the right-of-way along a roadway designated in the city's comprehensive plan and its related master mobility plan or successor documents to protect a transportation corridor from development. The city engineer shall determine the alignment of reserved right-of-way based upon the comprehensive plan, related master mobility plan, applicable engineering criteria, and the existence of a floodplain. In an area designated for a state roadway project, the Texas Department of Transportation may establish alignment.

125-5.4.5.

Substandard road improvements. Where an existing road, either within or abutting the proposed development, does not meet the city's comprehensive plan and related mater plans, minimum right-of-way widths of the general design and construction standards, the city shall require the property owner to dedicate the additional right-of-way and to improve the street according to the dimensions and specifications. In no case shall the developer's share or requirement of improvement of a substandard road for a development be less than that which results in a paved lane width of 24 feet. Such minimum pavement width is hereby determined to be the minimum roadway section to allow for two-way vehicular travel.

125-5.4.6.

Conformity to major street plan. Provisions must be made for the uninterrupted extension of main thoroughfares as shown on the city's master mobility plan. Streets must provide for free circulation within the subdivision.

125-5.4.7.

Connectivity. A proposed development shall provide multiple direct connections in its local street system to and between local destinations, such as parks, schools, and shopping. Each development shall incorporate and continue all collector or local streets stubbed to the boundary of the development plan by previously approved, but unbuilt development or existing development. The street system for the subdivision, except in unusual cases, must connect with streets already dedicated in adjacent subdivisions. Where no adjacent connections are platted, the streets must be, in general, reasonable projections of streets in the nearest subdivided tract and must be continued to the boundaries of the tract being subdivided so that future subdivisions may connect thereto. The maximum distance between streets which are to align with existing or future planned city streets shall be 1,200 feet in residential areas.

125-5.4.8.

Access roads and exceptions. Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with separate and approved fire apparatus roads and shall meet the requirements of Section D104.3 of the 2000 International Fire Code. Exceptions:

(a)

Where there are 30 or fewer dwelling units on a single public or private access way and all dwelling units are protected by approved residential sprinkler systems, access from two directions shall not be required.

(b)

The number of dwelling units on a single fire apparatus access road shall not be increased unless fire apparatus access roads will connect with future development, as determined by the fire marshal.

125-5.4.9.

Cul-de-sac streets. Streets designed to leave one end permanently closed shall not exceed 880 feet in length and shall be provided at the closed end with a turnaround. The street right-of-way for the turnaround shall have a minimum diameter of 100 feet; the surfaced portion of the road at the turnaround shall have a minimum diameter of 80 feet.

125-5.4.10.

Stub streets.

(a)

A dead-end barrier is required with provisional one-foot reserve along the side or end of streets that abut undeveloped acreage tracts. When used, the following note shall be shown on the face of the plat: "A 1-foot strip is reserved as a buffer separation along and between the side or end of all streets in this subdivision plat where such streets abut adjacent tracts. At the time as adjacent tracts abutting the one-foot reserve strip have been dedicated to the public for street right-of-way purposes as shown on a recorded plat, such 1-foot strip shall become vested in the public for street right-of-way purposes."

(b)

Half streets and partial streets are prohibited.

125-5.4.11.

Intersections.

(a)

Intersections. Street intersections shall preferably be at right angles, and never less than 75 degrees. Block comers with acute angles require a 30-foot radius for street right-of-way. All intersections of a "T" nature that intersect major or minor arterial and collector streets must first be approved by the city engineer. Modern roundabouts may be considered.

(b)

Corner clips. Corner clips shall be established at all intersections. Unless larger clips are required at a particular intersection, a minimum ten-foot by ten-foot triangular right-of-way dedication (corner clips), measured at the property line, is required at the intersection of two local streets. A minimum 15-foot by 15-foot triangular right-of-way dedication (corner clips), measured at the property line, is required at any intersection with collector and/or arterial streets, unless otherwise indicated. A minimum 25-foot by 25-foot triangular right-of-way dedication (corner clips), measured at the property line, is required at any intersection with thoroughfares, unless otherwise indicated. Such clips shall not be located on private property.

(c)

Sight distance. Refer to the general design and construction standards, item 805.

(d)

Driveways. Access to freeways, major or minor arterials or collector streets is prohibited from the side or rear of a lot. Residential driveways must provide for two-car side-by-side parking, or the street to which the driveway has access must be a minimum of 34 feet in width.

(e)

Street names. Proposed street names shall be approved with plats. Proposed streets, which are in alignment with others existing and named, shall conform to the names of the existing streets. Street names cannot be duplicated. Prior to plat approval, the applicant shall submit a list in alphabetical order of all streets within each section of the proposed subdivision.

(f)

Street markers and signage. Appropriate street signs shall be installed as required in this chapter.

(g)

Escrow account for cost of bridges. Where subdivisions border on drainage ditches at which streets will dead end pending development of property on the opposite side, the applicants shall place in escrow an amount equal to 50 percent of the estimated cost of design plus construction of a bridge designed sufficiently to carry the traffic load thereof. Such estimated cost shall be determined by the city engineer. The escrow account is to be in abeyance, in an interest-bearing account, for a period of ten years. The account shall be established by the applicant, with the city being a trustee to the account.

(h)

Escrow account for traffic control devices. When a traffic impact analysis or a Texas Department of Transportation approval indicates signalization of an intersection will be required under a future warrant, the developer shall place in escrow with the City of League City an amount equal to their pro-rata cost of the future installation. Cost shall be established as present value plus three percent per annum inflation.

125-5.4.12.

Sidewalks.

(a)

Residential areas. In residential areas, sidewalks shall be constructed on both sides of the street. The sidewalks shall be located as far as practical from the traffic lanes and usually close to the right-of-way lines. Clear sidewalk width shall be four feet minimum. Curb-cut ramps shall be provided at cross walks to accommodate physically handicapped persons. Sidewalks and curb-cut ramps shall be provided in accordance with the general design and construction standards item 806, pedestrian facilities (sidewalks and wheelchair ramps).

(b)

Other areas. On collector streets, minor arterials, and major arterials, sidewalks are to be constructed on both sides of the street. The sidewalks shall be located as far as practical from the traffic lanes and usually close to the right-of-way lines. Clear sidewalk width shall be five feet minimum. Curb-cut ramps shall be provided at cross walks to accommodate physically handicapped persons. Sidewalks and curb-cut ramps shall be provided in accordance with the general design and construction standards item 806, pedestrian facilities (sidewalks and wheelchair ramps).

(c)

General requirements.

(1)

Sidewalks shall be constructed in the rights-of-way or, if there is not sufficient area within the right-of-way, then in an adjacent sidewalk easement.

(2)

Pedestrian ramps shall be stained with a Kemiko Stone Tone Stain product in the color of "Cola" or approved equal.

(3)

Sidewalks shall provide connectivity to adjacent property.

(4)

On corner lots, sidewalks shall be extended to both curbs to include a ramp that makes access to the sidewalks available to persons in wheelchairs.

(5)

Every reasonable effort shall be made for the preservation of trees, consistent with the separate city ordinance governing the preservation of trees, during the construction of the sidewalks required by this section.

(d)

Waiver of sidewalk improvement requirements. In locations where there have been no sidewalks prior to the time of construction of the commercial development, sidewalk requirements may be waived by the planning and zoning commission. A waiver shall be based upon determination by the planning and zoning commission that the construction of a new sidewalk along all (or a part of) the streets abutting the development is impractical, imprudent or otherwise unreasonable, considering factors such as the amount of pedestrian traffic that would otherwise use the sidewalk, technical or practical impediments to pedestrian use of the sidewalk in that location, or such other factors as the planning and zoning commission may deem appropriate on a case by case basis.

125-5.4.13.

Private streets.

(a)

Defined. For the purposes of this section, the term "private street or non-dedicated right-of-way" is defined to mean a non-dedicated street on private property, including, but not limited to the following:

(1)

Any area, parcel or strip of land, whether or not the same is depicted or shown as such on any plan, map or drawing, which is not a duly dedicated and established public street of and in the city and which provides access from any public street in the city to one or more buildings designed or appropriate collectively for occupancy by four or more families, or for occupancy or use by two or more businesses, industrial or commercial establishments or for occupancy and use by one or more industrial, commercial or business establishments and two or more families, and to which buildings there is no other access from such public street than over the area, strip or parcel of land in questions; or

(2)

Any area, strip or parcel of land, whether or not the same is depicted or shown as such on any map, plan or plat, which provides a connection between any two public streets in the city and which the general public is permitted to use for the purpose of traveling from one such public streets to the other. Under this definition, the public shall be considered as being permitted to so use such area, strip or parcel of land if in fact it does so and its use is not obstructed by gates, chains or watchmen. The mere fact that there may be posted signs prohibiting such use by the public shall not suffice to keep the area from being considered a private street under the terms of this chapter if in fact the owner thereof does not take and continue to take steps sufficient to prevent such use.

(b)

The term "private street" shall not include the following:

(1)

Any driveway designed principally to provide access to any building or between any principal building and the outbuildings appurtenant thereto, or to provide access to delivery platforms or the entrances of a building appropriate for the delivery thereto of goods or merchandise;

(2)

An area appurtenant to a store or a group of stores, a theater, a church or any similar establishment, designed primarily to be used as a parking space by customers or patrons of the establishment or group of establishments in question; or

(3)

An entrance way or roadway designed to provide entrance to or communication or passage to or between the several units of a single industrial establishment or of a group of such establishments which are under common control or management; provided such industrial entranceway or roadway shall be considered a private street under the terms hereof if it has entrances upon two or more public streets, unless there are, at each of such entrances, gates, chains or watchmen by which all persons are prevented from using the same except those employed by or having business to conduct or such industrial plants or establishments in question.

(c)

Approval. Private streets will be permitted to be constructed only with the approval of a private streets agreement by the city council.

(d)

Franchises. All franchisees under franchises granted by the city may use private streets, as defined herein, and no franchise or other authorization shall be granted in a private street by any person or entity without a franchise having been duly authorized or the prior written consent having been given by the city.

(e)

Agreement between city and developer. An agreement between the city and any person or entity seeking to construct a private street in the city (the "developer") will be required before a private street will be approved for construction. The agreement may be subject to city council review every five years and will specify, at a minimum:

(1)

That the developer shall convey to the city the necessary easement and right-of-way over a private street so that the city may provide services to protect the health, safety and welfare of the citizens of the city;

(2)

That the developer or assigns shall maintain the surface and condition of such private street or non-dedicated right-of-way so as to permit the city to use its easement and right-of-way over such private street in a reasonably safe and convenient manner. Should the developer or assigns fail to provide the required standard of maintenance after first being given written notice of the nature of such failure and a reasonable time thereafter (not to exceed 90 days) to cure such failure, the city shall have the right to remedy such failure and receive reimbursement from the developer for the actual cost thereof;

(3)

Timetable as to when developer has to deed over to the homeowners or property owners association;

(4)

That the developer shall not hold the city or any of its personnel to be guilty of trespass in regard to the use of its easement and right-of-way as defined herein; that the developer shall not later, block or vacate such private street so as to interfere with or prevent the city from providing the municipal services refereed to herein. However, the developer may close such private street for short periods of time on an occasional basis so as to prevent the public dedication of such street and may erect signs identifying the private nature of such street;

(5)

That the developer shall be responsible for the installation of all service pipes and hydrants on such private street as are required by the operating procedures of the city; and,

(6)

That the installation, operation, and maintenance of street lighting are the responsibility of the developer and their assigns.

(f)

Construction. Private streets will be constructed according to city and the American Association of State Highway and Transportation Officials (AASHTO) specifications.

(g)

Gates on private streets.

(1)

Entrances to communities with private streets shall be controlled by electrically operated gates which are physically manned or electronically operated on a 24-hour-per-day basis. Where electrically operated, unmanned access gates are in place on private streets, one entrance gate at each entrance must be equipped with a 911 override control switch. For entrances with two gated lanes of entry, only one of these gated entries requires an electronically operated gate. The second one may be manually operated. Construction plans and gate specifications must be submitted to the fire marshal's office and approved prior to installation.

(2)

The Knox Company Model KS-2 or KS2-P (or approved equal) key operated switches are approved by the fire marshal's office.

(3)

The 911 override control switch must be installed in a weatherproof box or assembly approved by the fire marshal's office.

(4)

The 911 override switch must be accessible from the driver's side of every emergency response vehicle.

(5)

All electrically operated access gates shall have a manual override mechanism for use in the event of a power failure, approved by the fire marshal's office.

(6)

Electric gates must have a reset button near the override control switch to secure the gates when the emergency is terminated.

(7)

Streets in existence, finally platted and approved by the city council on the effective date of the ordinance from which this section is derived shall remain as they are; however, new construction of private streets shall provide a ten-foot curb-face to curb-face width. The gates in the fully opened position must provide a minimum of 12 feet clear width.

(8)

A sensing device that will automatically open the gates for departure or exiting is required. Where manual exit gates exist, at least one gate at each exit shall be equipped with a 911 padlock.

(9)

A final inspection by the fire marshal's office is required before the gates are operational. Each public safety department shall sign off on the acceptance form.

(10)

Installation of the 911 override switches on all existing gates shall be accomplished within six months of the effective date of this the ordinance from which this section is derived. Gates and 911 switches must be maintained and kept in good working condition.

(11)

The owner or operator or his agent is responsible for the ordering and the installation of the 911 override control switch. An approved order form must be obtained from the fire marshal's office.

(12)

Distribution of numbered master keys will be controlled by the city fire marshal's office. Keys shall be distributed to authorized emergency response personnel only. Recordkeeping will be maintained in the office of the fire marshal.

(h)

Conformity to parks, trails, and open space master plan. Provisions must be made for the uninterrupted extension(s) of trails as described in the city's adopted parks, trails, and open space master plan or its successor documents.

(i)

Facilities impact studies. The city may require of the developer or the developer may offer to prepare a comprehensive traffic impact analysis, drainage study, or other public facilities study in order to assist the city in determining whether a proposed development will be supported with adequate levels of public facilities and services concurrent with the demand for the facilities created by the development. The study shall identify at a minimum the adequacy of existing facilities and the nature and extent of any deficiencies, and the improvements needed to meet the adopted level of service assuming development at the intensity proposed in the development application. The study shall be subject to approval by the city engineer. The city may require, at the time of approval of a subordinate development application, an update of a public facilities study approved in connection with a priority development application.

(j)

Relief from obligations. When a developer constructs public infrastructure improvements that benefit more than just the developer's development, the city may elect to reimburse a portion of the developer's costs in financing the construction of said improvements and to establish the developer's obligation for construction thru a development agreement and or the offset of impact fees. These agreements must be approved by the city council prior to the commencement of construction of said improvements.

(Ord. No. 2020-25, § 1(Exh. A), 9-29-2020; Ord. No. 2024-36, §§ 6—8, 9-24-2024)

125-5.5.1.

The following requirements apply to all easements:

(a)

Utility easements. A minimum of ten feet is required for utility easements. A minimum of 14 feet is required for all multiple-use easements located along shared back lot lines(seven feet on either side of the lot line). If required, there shall be a note placed on the plat as follows: "There is hereby dedicated an unobstructed aerial easement five feet wide upward from a plane 20 feet above the ground adjacent to all utility easements, except as otherwise shown hereon. Easements may be fenced by the builder, applicant, or subsequent property owner. Flatwork, landscaping and fencing only are permitted in public utility easements. The city or franchise utility companies shall have the right to remove said flatwork, landscaping or fencing for the purposes of installation, operation, and maintenance into the easements, and shall not bear the responsibility for replacement."

(b)

Easement along major drainage arteries. Where a subdivision is divided by a major drainage ditch, a drainage easement or right-of-way conforming with the line of the ditch and of a width as necessary to preserve the unimpeded flow of natural drainage shall be dedicated to the city. If drainage is by an open ditch designated as a major drainage artery, the easement or right-of-way shall be dedicated to the city. The city engineer shall determine the width of the easement or right-of-way.

(c)

Location of water, wastewater, and storm drainage lines. All water, wastewater and storm drainage lines shall be located within the street right-of-way or in easements adjacent thereto, unless specifically approved otherwise by the director of engineering.

(d)

Stormwater drainage rights-of-way. Where stormwater drainage rights-of-way are posted on the plat, the following shall be noted on the face of the plat: "This right-of-way shall be kept clear of fences, buildings, plantings and other obstructions to the operation and maintenance of the drainage facility."

(e)

Location of utilities.

(1)

A developer or property owner causing or requesting the installation of any utility, including, but not limited to, electric, telephone/telecommunications, television, and gas, shall bear all costs for such installation and shall cause such utility to be placed and maintained underground, unless the criteria set forth in (2) below are met to allow overhead installation. Where the underground placement of such facilities is not a standard practice of the utility involved, the utility's customer shall request the applicable utility to place the facilities underground and shall pay all costs associated with the non-standard installation. Notwithstanding the requirements of this section, nothing in this section shall be interpreted in a manner that conflicts with a utility's state-approved tariff.

(2)

Overhead installation of electric transmission lines carrying 59 kilovolts or more shall be allowed so long as they are installed on galvanized steel or concrete structures. Where installing transmission lines on galvanized steel or concrete structures is not a standard practice of the utility involved, the utility's customer shall request the applicable utility to install the transmission lines on galvanized steel or concrete structures and shall pay all costs associated with the non-standard installation. Notwithstanding the requirements of this section, nothing in this section shall be interpreted in a manner that conflicts with a utility's state-approved tariff. Overhead installation of three-phase electric distribution lines shall be allowed only in the following circumstances:

a.

Along the perimeter of a development, as shown on a Master Plan approved pursuant to this section, and on poles made of wood or other material approved by the city planner or his designee, except that where they run adjacent to or cross a public roadway, the overhead lines shall be installed on concrete poles. Where installation of distribution lines on concrete poles is not a standard practice of the utility involved, the utility's customer shall request the applicable utility to install the distribution lines on concrete poles and shall pay all costs associated with the non-standard installation. Notwithstanding the requirements of this section, nothing in this section shall be interpreted in a manner that conflicts with a utility's state-approved tariff; or

b.

Within the perimeter of a development, so long as the overhead lines are installed on concrete poles and are located (i) adjacent to a roadway classified as arterial or higher in the city's master thoroughfare plan; or (ii) adjacent or within a utility corridor at least 50 feet in width. Where installation of distribution lines on concrete poles is not a standard practice of the utility involved, the utility's customer shall request the applicable utility to install the distribution lines on concrete poles and shall pay all costs associated with the non-standard installation. Notwithstanding the requirements of this section, nothing in this section shall be interpreted in a manner that conflicts with a utility's state-approved tariff.

(f)

Temporary service. No provision contained herein shall prevent overhead installation to provide temporary service during construction, so long as all such temporary overhead lines are removed within 12 months of installation.

(g)

Equipment mounting. All communication and electrical support equipment (transformers, amplifiers, switching devices, etc.) necessary to support underground installation shall be mounted on a pedestal or pad, or placed underground, and all practical options shall be exhausted to avoid the placement of such facilities in the flood plain. If such support equipment must be located within a floodplain for lack of a viable alternative, the developer shall coordinate with the affected utility to develop a plan for such location that acceptable to the city, including, but not limited to, mounting and maintaining such support equipment on concrete poles, which plan shall be completed no later than the time approval of a final plat for the property. Where the mounting of such equipment on a pedestal or pad or placing it underground is not a standard practice of the utility involved, the utility's customer shall request the applicable utility to mount the equipment on a pedestal or pad or place it underground and shall pay all costs associated with the non-standard installation. Notwithstanding the requirements of this section, nothing in this section shall be interpreted in a manner that conflicts with a utility's state-approved tariff.

(h)

Service drops. All service drops shall be underground and associated equipment shall be pad-mounted and obscured from view from any roadway by an evergreen vegetative screen taller than the equipment. Where the underground placement of service drops, the pad-mounting of associated equipment, or the obscuring of the equipment from view from any roadway by an evergreen vegetative screen taller than the equipment is not a standard practice of the utility involved, the utility's customer shall request the applicable utility to place the service drops underground, mount associated equipment upon pads, and obscure the equipment from view from any roadway by an evergreen vegetative screen taller than the equipment and shall pay all costs associated with the non-standard installation. Notwithstanding the requirements of this section, nothing in this section shall be interpreted in a manner that conflicts with a utility's state-approved tariff.

(i)

Notwithstanding any other provision of this chapter, nothing in this chapter shall be construed as imposing an obligation on an electric utility that conflicts with the utility's state-approved tariff.

(Ord. No. 2020-25, § 1(Exh. A), 9-29-2020; Ord. No. 2024-36, § 9, 9-24-2024)

125-5.6.1.

General design requirements for lots in subdivisions are as follows (See article III, Zoning, for specific lot requirements by zoning district):

(a)

Setbacks. Additional setbacks may be required where the existing right-of-way is insufficient or future infrastructure is anticipated.

(b)

Lot coverage. The applicant shall show the allotted maximum percent of impervious surface for each lot shown on the plan. This percentage shall be derived from the hydrologic and hydraulic report, or the maximum percentage as stipulated in article III, Zoning, and will distinguish between percentages for building(s) and accessory structure(s). In the absence of a hydrologic and hydraulic study, the default maximum percent of impervious cover shall be that from the master drainage plan wherein the design percentage of impervious cover is 55 percent (runoff coefficient, C=0.30 where C=I2). If the zoning ordinance stipulates a lower maximum percentage for the zoning district, then that percentage shall be followed.

(c)

For lots in RSF-20, RSF-10. RSF 7, and RSF-5 zoning districts, any plat shall contain a notation of the allotted maximum percent (%) of impervious surface coverage for each lot shown; The maximum percent (%) of impervious surface coverage shall be derived from the hydrologic and hydraulic report for the plat. The notation shall delineate between the percentage for building(s) and accessory structure(s). The maximum lot coverage for lots in Residential Multi-family Zoning districts and nonresidential zoning districts includes buildings, parking areas, driveways, and maneuvering areas, but excludes common open space amenities and landscaped areas.

(d)

Lot lines. In general, side lot lines shall be at right angles to straight street lines or radial to curved street lines, unless specifically approved. Lot lines shall not cross municipal or county boundaries.

(e)

Lot frontage on arterial streets. No residential lots shall front on freeways, major or minor arterials, or collector streets.

(f)

Build across lot lines. A waiver to build across lot lines may be approved provided that:

(1)

Both lots must be under the same ownership;

(2)

Both lots are in the same zoning district;

(3)

Both lots must be legally platted;

(4)

The waiver shall not remove or modify any recorded restrictions or easements;

(5)

The waiver shall not require the dedication of additional right-of-way or easements.

(6)

The waiver to build across lot lines shall expire if:

a.

Development does not occur within two years of the date the waiver is approved; or

b.

The structure built under the waiver is demolished or destroyed.

(f)

Continuity of setback street frontage. In single family residential districts, if the rear property line of a corner parcel abuts the side property line of a neighboring parcel, the street side setback of the corner parcel must be equal to the front yard setback.

(Ord. No. 2020-25, § 1(Exh. A), 9-29-2020)

125-5.7.1.

These provisions shall be administered in conjunction with the City of League City Fire Marshal.

125-5.7.2.

The proposed development shall be served by fire suppression facilities at the time of issuance of the first occupancy permit by an approved public water supply system capable of providing fire flow in accordance with the American Water Works Association and National Fire Protection Association (NFPA) standards for that type of development and all other NFPA codes which may be applicable.

125-5.7.3.

Fire protection measures shall be required to progress with construction in planned groups of buildings in accordance with NFPA 1141, Standard for Fire Protection in Planned Building Groups.

125-5.7.4.

Private fire service mains and their appurtenances shall be installed in accordance with NFPA 24 Standard for Installation of Private Fire Service Mains and Their Appurtenances.

125-5.7.5.

If a water supply does not exist, aboveground water storage tanks may be approved as an alternate water supply. Capacity in gallons per minute and duration shall be determined by the developer with approval of the fire marshal department. Calculations shall be stamped and sealed by a licensed, professional engineer.

(Ord. No. 2020-25, § 1(Exh. A), 9-29-2020)

125-5.8.1.

Water and wastewater connections. The water and wastewater connections policy is established in chapter 114 of the Code of Ordinances, article IV, divisions 2 and 3, pertaining to water and sewer connection fees and capital recovery fees. Notwithstanding any provision to the contrary therein, the assessment and collection of capital recovery fees shall be governed by V.T.C.A., Local Government Code Ch. 395.

125-5.8.2.

Water wells. Water well permits must be approved by Galveston County or Harris County, as appropriate, and by the city council, per section 114-2 of the Code of Ordinances.

125-5.8.3.

Septic systems. Minimum lot size shall be in accordance with state health codes. Galveston County or Harris County approval, as appropriate, and approval by the public works director is required.

125-5.8.4.

Lot drainage. Drainage of lots will be Type A, unless otherwise approved by the city engineer.

125-5.8.5.

Capacity of lines. The applicant is responsible for laying such lines as are necessary to adequately serve the subdivision under development.

125-5.8.6.

Construction standards for water systems. The following requirements shall apply:

(a)

Proposed development shall be adequately served by a community water supply system pursuant to section 114-191 of the City of League City Code of Ordinances.

(b)

Water systems must be in accordance with the City of League City Water Master Plan, Texas Commission on Environmental Quality regulations, state department of health approved regulations and state board of insurance regulations. A copy of all construction plans shall be forwarded to the appropriate state agency for comments, as required.

(c)

The owner, developer, or other applicants for subdivision or site plan approval shall present evidence that the proposed method of water supply is consistent with said plans and directives.

125-5.8.7.

Construction standards for wastewater systems. The following requirements shall apply:

(a)

Wastewater systems must be in accordance with the City of League City Wastewater Master Plan and the general design and construction standards, Texas Commission on Environmental Quality regulations, state department of health approved regulations and state board of insurance regulations. A copy of all construction plans shall be forwarded to the appropriate state agency for comments, as required.

(b)

A community sewerage system shall serve the proposed development.

(c)

The sewerage collection system serving the project shall be complete and ready for connection and either an existing treatment facility is available to accommodate the volume of sewage to be generated by the project and other developments for which plats have been approved, or a new or expanded facility will be available to accommodate the existing sewage flow and the anticipated sewage flow from the project and other developments for which plats and plans have been approved before the sewage is generated providing the applicable city departments have no problem with the change.

(d)

The city must have programmed for construction, in a capital improvements program or similar plan, additional treatment and collection capacity necessary in combination with existing treatment and collection facilities to meet projected needs.

(e)

If the requirements in (c) or (d) above are not possible, then:

(1)

The applicant agrees to undertake the construction of the sewer system improvements required to meet projected needs; or

(2)

The applicant agrees to contribute an amount acceptable to the city to the financing of specific improvements, in accordance with the wastewater master plan, that will meet the need.

(f)

All future developments shall comply with the provisions and intent of the wastewater master plan and the most recent general design and construction standards adopted by the city council. The owner, developer, or other applicants for subdivision or site plan approval shall present evidence that the proposed method of sewage disposal is consistent with said plans and directives.

125-5.8.8.

Construction standards for storm drainage.

(a)

The proposed development shall be served by a storm drainage system.

(b)

The developer shall install an on-site drainage system capable of conveying through and from the property the design flow of storm water runoff originating in the development during a special flood hazard area as determined in accordance with criteria specified in the City of League City Master Drainage Plan, in addition to flows from undeveloped land upstream in the natural watershed of the proposed development, flows from existing upstream developments, and designs flows from developments for which plats and plans have been approved, without resulting in erosion, sedimentation or flooding of the receiving channel and downstream properties.

(c)

The off-site downstream drainage system shall be capable of conveying to an acceptable outfall the design flow of storm water runoff originating in the development, as determined in accordance with criteria specified in the Master Drainage Plan in addition to flows from undeveloped land up-stream in the natural watershed of the proposed development, flows from existing upstream developments, and design flows from developments for which plats have been recorded, without resulting in erosion, sedimentation, or flooding of the receiving channel and down-stream properties.

(d)

For any proposed development that drains to or across highly erodible soils, the downstream extent of this review shall be to the point at which a channel is found that is adequate to receive the design flow or the level of the tidal floodplain.

(e)

For development that does not drain to or across highly erodible soils, the downstream extent of this review shall be:

(1)

To the point at which a channel is found that is adequate to receive the design flow, or

(2)

To the point at which the total drainage area is at least 100 times greater than the area of the proposed development, or

(3)

To the limit of the nearest FEMA mapped special flood hazard area.

(f)

Off-site downstream drainage system improvements. The storm drainage system shall be in compliance with subsection (e)(2) and the city must have awarded a contract for the construction or improvement of off-site downstream drainage systems necessary, in combination with existing systems, to comply with the standard specified in subsection (e)(3) and if the construction or improvement of the off-site downstream drainage system is expected to be completed before the issuance of the first building permit for the development or the developer agrees to under-take the construction or improvement of the off-site downstream drainage systems.

(g)

Calculating runoff. The storm water runoff flows from land for which a plat has not been recorded shall be calculated as if the land was developed according to its existing zoning classification and as if storm water management techniques, as may be required by the master drainage plan, have been utilized. Storm water runoff flows from other lands shall be calculated on the basis of whether or not storm water management techniques have been utilized.

(h)

Channel. A channel shall be defined as a natural or man-made channel or pipe that is capable of conveying the runoff from a storm without overtopping its banks or eroding after development of the site in question, or without causing the flooding of structures from designed storm event.

(Ord. No. 2020-25, § 1(Exh. A), 9-29-2020)

125-5.9.1.

No master plan or plat described in this section shall be approved by the planning and zoning commission and no permit shall be issued for construction of any improvement intended for public use or for the use of purchasers or owners of lots or tracts within the subdivision, and no improvement intended for public use shall be accepted by the city unless such subdivision and public improvements comply with the standards and specifications in this article.

125-5.9.2.

All improvements shall be inspected by the design engineer of record or his designate.

125-5.9.3.

Requirements for improvements in subdivisions are as follows:

(a)

Street pavement and drainage. Street pavement and drainage will be required adjacent to newly created building lots. The city engineer may require improvements to extend beyond new lots where such improvements are necessary to eliminate problem areas as gaps in roads, pavement or drainage systems.

(b)

Street lighting. Street lighting shall be provided on all streets, shall conform to all applicable city design and installation standards and policies and shall be approved by the city prior to construction. All necessary easements for street light installation and maintenance shall be shown on the final plat. Each owner/developer will be responsible for 100 percent of the cost to the installation of streetlights. Ownership and maintenance responsibilities for streetlights, if not otherwise provided for, shall transfer to the city upon final acceptance of the project by the city.

(c)

Canals, marinas and other bodies of water. Canals, marinas, and other bodies of water that are created by dredging or removing land from existing land and connecting ultimately to navigable water must be a minimum of 50 feet from property that abuts the property from which the land is being removed. The distance of 50 feet may be lessened with consent of the abutting land owner and subsequent approval of the planning and zoning commission.

(d)

Payment of costs. The applicant shall pay all costs for providing the subdivision with streets, streetlights, and water, wastewater, drainage facilities and traffic control devices in accordance with the plans and specifications.

(e)

Seal on construction drawings. All construction drawings are to bear the seal and signature of a state-licensed professional engineer.

(f)

Construction plans. Construction plans for infrastructure to be installed for a development shall be prepared by a licensed professional engineer and submitted to the city. No infrastructure shall take place until and unless such plans have been received and approved by the city engineer, a public improvement permit has been issued, and applicable fees paid.

(g)

Filing time. The minimum time required to review and process public improvement construction plans shall be 14 days with a maximum of 21 days.

(h)

Construction standards and specifications adopted. There are hereby adopted by reference and made part of this article the "General Design and Construction Standards," which shall be controlling in design, construction, and installation of public infrastructure within the city. Said standards and specifications may be amended by the city engineer. Amendments, if any, shall become effective on the first day of a given month so long as the amended standards and specifications manual is published in its entirety for public inspection no less than 60 days prior to the effective date.

(i)

Construction plan form and content. Construction plans shall be prepared and submitted to the city engineer to be distributed for review. For review, the developer's engineer shall submit an electronic copy of the proposed construction plans. Plans shall be drawn to an engineering scale that legible conveys all information on 24-inch by 36-inch sheets. Plans that are not legible will be returned to the developer's engineer with a request to revise the scale and improve its legibility. Specific information to be included on the construction plans shall include the following:

(1)

Proposed subdivision name and location, the name and address of the owner(s), and the name and seal of the civil engineer preparing the plans.

(2)

Date, approximate north arrow and graphic scale, actual datum and City bench marks along with temporary bench marks.

(3)

Vicinity map drawn at a minimum scale of one to 500 feet;

(4)

Topography. For developments of 50 acres or less, contours shall be shown at a minimum of one-foot intervals and indicate the direction of surface water. For developments greater than 50 acres, contours shall be shown at a minimum of two-foot intervals and indicate the direction of surface water.

(5)

Easements. All easements shall be clearly labeled. No trees shall be permitted to remain or be planted within an easement.

(6)

Street system. Plan information for curb and gutter, sidewalks, crosswalks, and commercial driveways. Plan and profiles of all streets (public and private) and alleys.

(7)

Street drainage. All street rights-of-way, widths, grades, and distances shall be indicated. Runoff summary shall be indicated on the outlet and inlet side of all drainage ditches and storm sewers and at all street intersections. All drainage easements shall be indicated. Open drainage ditches are not allowed alongside newly constructed public or private streets.

(8)

Water system. Plans of the sizes and types of all lines, fittings, valve boxes, and the location of fire hydrants. The plan shall show the existing mains to which the system will be connected. The city engineer may require plan and profile of watermains;

(9)

Sanitary sewer system. Plans and profile drawings of the existing and proposed sanitary infrastructure shall indicate sizes, types, flow line grades and depths, and their locations within the system.

(10)

Storm drainage system and detention. Prior to approval of a subdivision, a topographic map of the existing drainage conditions and a proposed drainage plan shall be submitted and approved by the city engineer. An adequate drainage system, including necessary pipes, culverts, intersections drains, drop inlets, bridges, and other improvements shall be provided for the proper drainage of all surface water as approved by the city engineer. Open ditches are not allowed along newly constructed public or private streets. The 100-year floodplain and 500-year floodplain shall be delineated based upon conditions of the projected ultimate development of the subdivision. When a drainage channel, retention/detention facility, or storm sewer is proposed, completed plans, profiles, and specifications shall be submitted showing complete construction details. Open ditches may be considered in a planned unit development.

Where a subdivision is traversed by a watercourse, drainage way, natural channel or stream, an easement or right-of-way which substantially conforms to the limit of such water course, plus and additional 20-foot width to accommodate maintenance need shall be provided. Drainage easements shall be reviewed on a case-by-case basis and shall be approved by the city engineer both as to location and width.

(11)

Construction pollution prevention plan. The developer's engineer shall submit a storm water pollution prevention plan (SWPPP) with the construction plans, which shall be implemented and maintained by the developer as outlined in the approved permit throughout the duration of development construction.

(12)

Specifications. Use the most recent edition of the City of League City General Design and Construction Standards and generally accepted construction practices.

(13)

Plan detail. The plan detail sheet shall be a composite of all details which concern the above or any other details necessary to show the extent of construction of all improvements.

(14)

Record drawings. Upon completion of field construction, the developer shall furnish the city engineer a digital copy of certified record drawings on a CD. Such record drawings shall show the actual field locations based on information provided by the developer's contractor, the city's construction inspector, and the engineer of record. The engineer of record shall also submit a certified list of permanent control monuments used for the construction of the development, inclusive of location and USGS elevations.

(15)

Approval. All construction plans shall be subject to approval by the city engineer, which shall be in writing.

125-5.9.4.

Inspection of construction.

(a)

The city engineer or his duly authorized representative inspect all phases of the construction of the improvements for subdivision.

(b)

No sanitary sewer, water, recycled water, or storm sewer pipes shall be covered without approval of the city engineer, or his duly authorized representative.

(c)

No flexible base material, asphalt base material, sub-grade material, or stabilization shall be applied to the street sub-grade without approval of the city engineer, or his duly authorized representative.

(d)

No concrete or asphalt may be poured or placed to the base without approval of the city engineer or his duly authorized representative.

(e)

The city engineer may at any time cause any construction, installation, maintenance or location of improvements to cease when, in his judgement, requirements of this section or the standards or specifications have been violated and may require such reconstruction or other work as may be necessary to correct any such violation.

(f)

Should an owner/developer disagree as to the acceptability of required improvements only as it related to the published general design and construction standards, such owner/developer may, at his expense, submit such engineering tests, reports, and/or data necessary to substantiate that the improvements meet or exceed the city standards.

(g)

Engineering services and construction inspection fees shall follow requirements noted in ordinance 2016-23 and its subsequent updates.

125-5.9.5.

General design and construction standards. All infrastructure described in this section shall be constructed in accordance with the City Code, and policies, design criteria, standards and specifications promulgated by the city.

125-5.9.6.

Final city acceptance.

(a)

Upon approval by all appropriate city inspectors, the city engineer will issue a final acceptance letter for the development. All warranties, except warranties for streets, shall start at the time of final city acceptance. Street warranties shall start upon 90 percent of build-out.

(b)

No final acceptance shall be granted until the following documents have been submitted and approved by the city engineer:

(1)

A formal acceptance request letter by the developer or his designee;

(2)

An engineer's certificate of completion. The certificate should include at a minimum the name of the development, the owner of the development, the contractors, engineering company, and a statement certifying that the engineer of record provided inspection during construction. The certificate shall be signed by the engineer of record;

(3)

A summary of public infrastructure cost. This summary shall provide construction and engineering costs for all public infrastructure installed within the development;

(4)

A complete set of reproducible copies of record plans accompanied by a letter from the engineer certifying that the work required by the subject contract has been completed in general conformance with the approved plans and technical specifications; and

(5)

Maintenance bond for public infrastructure with a two-year term.

(Ord. No. 2020-25, § 1(Exh. A), 9-29-2020; Ord. No. 2022-25, § 22, 8-9-2022; Ord. No. 2025-11, § 1(Exh. A), 3-25-2025)

125-5.10.1.

The city engineer is hereby authorized to promulgate rules, regulations, standards and specifications for the criteria, construction, installation, design, location and arrangement of infrastructure. Upon approval by the city council, the city engineer shall file such rules, regulations, standards and specifications with the city secretary at least 60 days before they become effective. The city engineer may amend the rules, regulations, standards and specifications from time to time, provided that an amendment is approved by the city council and filed with the city secretary at least 60 days before it becomes effective. No such rules, regulations, standards and specifications shall conflict with this chapter or any other ordinances of the city. All such improvements shall be constructed, installed, designed, located and arranged by the applicant in accordance with such rules, regulations, standards and specifications.

125-5.10.2.

All improvements must be approved by the city engineer and city council before building permits will be issued for those areas served by these improvements.

(Ord. No. 2020-25, § 1(Exh. A), 9-29-2020)

In any subdivision for which a plat has not been approved and filed for record in the Galveston County may records or Harris County map records, as appropriate, or in which subdivision the standards stipulated in this article have not been complied with in full, the city shall issue no permits, the city shall not repair or maintain any street, and the city shall not sell or supply water or sanitary sewer service therein.

(Ord. No. 2020-25, § 1(Exh. A), 9-29-2020; Ord. No. 2022-25, § 23, 8-9-2022)

125-5.12.1.

The planning and zoning commission may grant a variance to any of the provisions of this article except for the requirements in the city's general design and construction standards pursuant to the procedures set forth in this section. Each application for a variance shall be decided solely on its own merits; neither the lack of enforcement of any ordinance nor the disposition of any prior or pending application for a variance may be considered or allowed to affect any decision on the application in question. Pecuniary interests standing alone shall not be justification for the granting of a variance.

125-5.12.2.

The application fee and procedures for a public hearing and provision of notice shall be the same as established by the city for a rezoning request, except that the applicant shall include a copy of this section with any notice that the applicant is required to mail.

125-5.12.3.

The planning and zoning commission may, by affirmative vote of at least three-fourths of its members present and voting, grant a variance to the regulations of this article if it finds, by clear and convincing evidence, that all of the following criteria are met:

(a)

There are unique conditions peculiar to the subject parcel or tract that do not exist on adjacent parcels or tracts;

(b)

Strict application of this article deprives the applicant of rights commonly enjoyed by other land in the area or land with similar uses;

(c)

The variance, if granted, does not frustrate the intent and purpose of article V and the community, neighborhood, and other applicable land use and development plans, and will not adversely affect property or property values in the vicinity of the subject site;

(d)

Conditions supporting the granting of the variance request are not self-created by disregard or ignorance of federal, state, or local codes and /or ordinances; and

(e)

The variance is tailored as narrowly as possible while still granting the relief sought.

125-5.12.4.

Factors that may not be considered to support the granting of a variance include, but are not limited to, the following:

(1)

Personal and/or economic hardship;

(2)

Misrepresentation of property conditions, uses, or regulations by a seller or agent;

(3)

Errors made by a surveyor, contractor, or builder;

(4)

Increasing the profit, income, or competitive advantage of the applicant; and/or

(5)

Threats to locate or relocate outside of the city, or cancel or scale back a project, if a variance is denied.

125-5.12.5.

The applicant bears the burden of proof to demonstrate that the requirement(s) of this article from which a variance is requested, if uniformly applied, imposes and undue hardship or disproportionate burden on the applicant. The applicant shall submit statements, studies, and any other relevant information as may be required by the city planner to substantiate the claim(s) for which a variance is requested. If additional information is so required, the application for a variance shall be deemed complete only upon the submittal of all such required information. The planning and zoning commission and/or city council during review and consideration of the request may require additional studies or information from the applicant, which additional information must be submitted before any action may be taken on the variance application. The offer or submittal, at any stage of the variance application process, by the applicant of information that proves to be false shall cause the variance request to be denied. If a variance request is approved based upon information offered and submitted by the applicant, without regard to the applicant's knowledge of the falsity of said information, and after approval of the variance, the approving authority finds said information to be false by a preponderance of the evidence, the variance shall be considered null and void as of the date of that finding and the approving authority shall reconsider the variance request in light of the corrected information.

125-5.12.6.

The decision of the planning and zoning commission on a variance request may be appealed within 14 days of said decision by filing with the city secretary:

(a)

The applicant's written appeal; or

(b)

A written request by two members of the city council to place a consideration of the variance upon the agenda of a city council meeting.

125-5.12.7.

The city council shall decide the appeal at a meeting not later than 45 calendar days after the date on which the appeal is submitted and may, by majority vote of those present and voting, affirm, modify, or reverse the decision of the planning and zoning commission. Such decision of the city council shall be final.

125-5.12.8.

See Texas Local Government Code § 212.015 "Additional Requirements for Certain Replats" if proposed replat requires a variance and a legal protest is submitted.

(Ord. No. 2020-25, § 1(Exh. A), 9-29-2020; Ord. No. 2022-25, § 24, 8-9-2022)

125-5.13.1.

Processing fees. Fees have been established by the city and are payable to the city at the time items are submitted. Fees are not refundable.

125-5.13.2.

Construction plans and specifications review fees. The city reserves the right to assess fees based upon the actual costs incurred by the city for multiple iterations of reviews of construction plans and specifications. Fees charged shall be based upon rates posted and made available by the engineering/planning office for inspection by the applicant.

125-5.13.3.

Administrative costs. All administrative costs, such as costs for printing, etc., as required in this article shall be borne by the applicant alone.

125-5.13.4.

Variance request fees. Fees have been established by the city and shall accompany each written request to be placed on the planning and zoning commission agenda for a variance from the regulations provided in this article.

(Ord. No. 2020-25, § 1(Exh. A), 9-29-2020)

On behalf of the city, the city attorney shall, when directed by the city council, institute appropriate action in a court of competent jurisdiction to enforce the provisions of this article within the city or within the extraterritorial jurisdiction of the city, as determined under the Municipal Annexation Act (V.T.C.A., Local Government Code § 212-001 et seq.).

(Ord. No. 2020-25, § 1(Exh. A), 9-29-2020)