The regulations of this Chapter have been developed in accordance with a comprehensive land use planning program to establish standards for the platting of land, plus design standards for existing and future public facility improvements relating to both public and private land use, transportation and the development of capital improvements.

(Ord. No. 1001, § 1, 12-21-99)

A.

The subdivision of land is a process conferred upon the developer by the laws of the State of Texas and through these subdivision regulations. It is the developer who is seeking to acquire the advantages of lot subdivision and upon him rests the duty of compliance with reasonable requirements established by the Planning and Zoning Commission for the design, dedication, improvement and restrictive use of the land so as to provide for the general welfare of both current and future lot owners in the subdivision and the community at large.

B.

Based on master plans, main extensions to serve subdivisions and oversizing of facilities may be required; see Texas Local Government Code Sec. 212.904 for more information. If the City requires a developer to pay a portion of infrastructure costs as a condition of plat approval, the developer's portion of cost must be "roughly proportionate" or consistent with only the impact of proposed development, as estimated by the Director of Development Services.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 2306, § 1(Att.), 5-6-25)

Owners of subdivision developments that are approved for development within the City's extra-territorial jurisdiction and are adjacent to the City's corporate limits, may be required to make agreement with the City to annex with final plat approval if such subdivision meets all applicable state laws regarding annexation.

(Ord. No. 1001, § 1, 12-21-99)

Planned Unit Developments (PUDs) are governed by the provisions of this Ordinance, including Section 316, Planned Unit Development (PUD), and Section 317, Subdivision.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 2065, § 1, 2-5-13)

The arrangement of streets, lots and infrastructure shall give due regard to the topography and other physical features of the property, shall be prepared in accordance with accepted engineering principles, and shall meet the following requirements and standards.

(Ord. No. 1001, § 1, 12-21-99)

A.

Lot Dimensions.

1.

Lot dimensions shall comply with the minimum standards of this Ordinance for the district being platted.

2.

In general, side lot lines shall be at right angles to street lines or radii to curving street lines.

3.

Flag lots (see definition for "Lot, Flag") shall be prohibited in the R-2, R-6, R-7, R-8, R-8D, R-15, RMH, R-20 and RST districts.

a.

For existing flag lots, the front yard setback shall be measured from the point where the lot attains the minimum lot width as required by the zoning district.

4.

Dimensions of corner lots shall be large enough to allow for erection of buildings, observing the minimum setback from both streets, i.e. wider by the footage differential between side yard setbacks for corner lots versus interior lots.

5.

Depth and width of non-residential lots shall be adequate to provide for the off-street parking facilities and other site plan requirements.

B.

Double Frontage Lots. Double frontage and reverse frontage lots should be avoided unless such lots are necessary for the development of the subdivision or are required by the City.

C.

Access. All lots shall front directly upon a dedicated City street or private street. Single-family and duplex residential lots shall not have curb cuts directly on an arterial street. Additional access restrictions may be required to be specified on the plat.

D.

Water bodies. If a tract being subdivided contains a water body, or portion thereof, lot lines shall be so drawn as to distribute the entire ownership of the water body among the fees of adjacent lots unless a homeowners association is to be responsible. In the latter case, the mean high water line shall be the property line. The City may, in special cases, accept dedication of the water body. Where a watercourse separates the buildable area of a lot from the street by which it has access, provisions shall be made for installation of a culvert or other structure with a design approved by the City. In no case shall a water body be included in meeting the minimum lot size or in calculating maximum density.

E.

Bluffs. No bluff or steeply sloped lot shall be subdivided without an approved soil stabilization plan, deed restrictions that ensure the plan will be implemented as well as maintained and a recorded City disclaimer. The City may require whatever methods it deems necessary to minimize soil erosion on the lot being subdivided or adjacent lots.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 1134, § 1, 10-4-05; Ord. No. 2094, § 9, 10-7-14; Ord. No. 2306, § 1(Att.), 5-6-25)

A.

Subdivision Frontage on Improved Streets.

1.

No subdivision shall be approved unless the area to be subdivided has frontage on and access from an existing street meeting the following criteria:

a.

An existing state, or county road; or

b.

A City-maintained street which meets City standards.

2.

Wherever the area to be subdivided is to utilize existing street frontage, such street shall be suitably improved as provided herein.

B.

Grading and Improvement Plan. All streets within or adjacent to the proposed subdivision as well as those off-site streets required to be improved as a part of the subdivision, shall be graded, paved, and improved to conform to the City of Portland Street Construction Specifications (adopted by separate ordinance), and shall be approved as to design and specification by the City.

C.

Topography and Arrangement.

1.

Roads shall be related appropriately to the topography. Loop streets are encouraged. All streets shall be arranged so as to obtain building sites which are above the grade of the streets. A combination of steep grades and curves shall be avoided.

2.

All streets shall be properly integrated with the existing thoroughfares, dedicated rights-of-way and proposed systems as established in the Comprehensive Plan.

3.

Minor or local streets shall be laid out to discourage use by through traffic, to permit efficient drainage and utility systems, and to yield the minimum number of streets necessary to provide convenient and safe access to property.

4.

Proposed streets shall be extended to the boundary lines of the tract to be subdivided, unless prevented by topography or other physical conditions.

D.

Access to Arterial and Collectors. Where a subdivision borders on or contains an existing or proposed arterial or collector, the City may require that access to such streets be limited by one of the following means for provision of lot access:

1.

Reverse Frontage. The lots shall back onto the arterial or collector and front on a parallel street. No individual access shall be provided from the arterial or collector. In the case of residential lots, screening in one of the following forms shall be required.

a.

An opaque fence with masonry columns six (6) to eight (8) feet in height and palm trees with a minimum crown height of eight (8) feet installed every thirty (30) feet outside the fence in the street right-of-way; or,

b.

A fired brick or natural stone wall six (6) to eight (8) feet in height and trees with a minimum caliper of three (3) inches at breast height installed every twenty-five (25) linear feet outside the fence in the street right-of-way.

2.

Right Angle Streets. A series of cul-de-sacs or loop streets entered from and designed generally at right angles to such a street, with the side lines of their terminal lots on the arterial or collector.

3.

Marginal Access. A marginal access street may be separated from the main street by a curbed median or other City approved physical barrier of no less than ten (10) feet wide, as measured inside back-of-curb to back-of-curb and having access thereto at suitable points.

E.

Street Names. Names shall be sufficiently different in sound and in spelling from other street names in the City and within the City's extraterritorial jurisdiction (ETJ) so as not to cause confusion. A street that is, or is planned as, a continuation of an existing street shall bear the same name.

F.

Street Signs, Markers and Traffic Control Devices. The applicant shall furnish and install street signs and traffic control devices required by the City at all road intersections. All street signs shall be installed prior to acceptance of the streets. All regulatory signs are to be placed at all intersections within or abutting the subdivision, the type and location of which shall be approved by the City.

G.

Construction of Streets. The arrangement of streets shall provide for the continuation of principal streets between adjacent properties, unless otherwise set out in the City Comprehensive Plan. If the adjacent property is undeveloped and the street must temporarily be a dead-end street, the right-of-way shall be extended to the property line. A temporary circular easement may be required on all temporary dead-end streets, with the notation on the subdivision plat that the easement outside the normal street right-of-way shall revert to abutters whenever the street is continued. No platted lot can front on such a temporary turnabout.

H.

Dead-End Streets (Cul-de-Sacs). Where a road does not extend to the boundary of the subdivision and its continuation is not required by the City for access to adjoining property, its terminus shall normally not be nearer to such boundary than fifty (50) feet. However, the City may require the reservation of an appropriate easement to accommodate drainage facilities, pedestrian traffic or utilities. A cul-de-sac turnaround shall be provided at the end of a permanent dead-end street in accordance with City standards and specifications. The right-of-way for a cul-de-sac turnaround shall be a minimum of one hundred (100) feet in width, with a pavement diameter of eighty (80) feet and a center island diameter (if required) of twenty-five (25) feet. In no case shall the pavement width be less than the width of the connecting paved surface. Maximum length of a dead-end or cul-de-sac street shall be five hundred (500) feet.

I.

Turn Lanes, Widening, Shifting, Medians, and Striping. In addition to the pavement widths specified below, the City may require intersection turn lanes (right and/or left) and acceleration/deceleration lanes should traffic projections dictate. Such lane widths shall be determined on a case-by-case basis by the City. The City may require that a street be widened, lanes to be shifted, medians constructed, or a roadway restriped if the proposed subdivision or building project generates unique traffic characteristics that present safety concerns. Such safety improvements shall be determined solely by the Administrative Official.

J.

Surface Improvements. After utilities have been installed, the developer shall construct curbs and gutters and shall surface roadways to the widths prescribed in these regulations. All road pavement, shoulders, drainage improvements and structures, curbs, turnarounds, and sidewalks shall conform to the city construction standards and specifications (which are contained in a separate chapter), and shall be incorporated into the construction plans to be submitted for plat approval. A geotechnical report with pavement recommendations is required for the construction of road pavement. A boring plan shall be designed by a Professional Engineer licensed by the State of Texas for approval by the Administrative Official. All cul-de-sacs and all streets with residential lot frontage with horizontal curvature exceeding forty-five (45) degrees shall be concrete with a pavement section designed utilizing the geotechnical report's pavement recommendations.

K.

Design Standards for Streets. The following street design standards are further illustrated in Chapter 4, Transportation, of the City's 2023 Comprehensive Plan.

L.

Alleys. Alleys are not required for residential neighborhoods, however, when provided their rights-of-way must not be less than twenty (20) feet in width. Alleys must be provided in commercial and industrial districts, except that the Planning and Zoning Commission may waive this requirement where other provisions are made for service access, such as off-street loading, unloading, and parking consistent with and adequate for the use proposed. Alley rights-of-way serving commercial and industrial areas must not be less than thirty (30) feet wide.

M.

Alignment. Horizontal curves shall be used for all changes in direction. All streets to be established in a subdivision shall be designed in accordance with paragraph K above.

N.

Angles. Streets shall be laid out so as to intersect as nearly as possible at right angles. A proposed intersection of two new streets at an angle of less than eighty (80) degrees shall not be acceptable. An oblique street should be curved approaching an intersection and should be approximately at right angles for at least one hundred (100) feet therefrom. Not more than two (2) streets shall intersect at any one point.

O.

Intersections. Offset intersections less than two hundred (200) feet shall not be allowed. Street jogs with centerline off-sets of less than two hundred (200) feet shall not be permitted except where the intersected street has separated lanes without median breaks at either intersection. Proposed new intersections along one side of an existing street shall, wherever practicable, coincide with any existing intersections on the opposite side of such street.

P.

Block Length. The maximum length of a block shall not exceed one thousand (1,000) feet.

Q.

Curb Radius. Minimum curb radius at the intersection of two streets shall be as set out in paragraph K above. Alley intersections and abrupt changes in alignments within a block shall have the corners cut off in accordance with standard engineering practice to permit safe vehicular movement.

R.

Elevation. Centerline of streets shall be at or above the base flood elevation (BFE) as indicated on the 100-year flood map, and as approved by the San Patricio Drainage District.

S.

Grade. Intersections shall be designed with a flat grade wherever practical. In areas of high relief, at the approach to an intersection, a leveling area shall be provided having no greater than a two (2) percent rate at a distance of sixty (60) feet, measured from the nearest right-of-way line of the intersecting street.

T.

Sight Distance. Where any street intersection will involve earth banks or existing vegetation inside any lot corner that would create a traffic hazard by limiting visibility, the developer shall cut such ground and/or vegetation (excluding singular trees) in connection with the grading of the public right-of-way in accordance with the requirements of the "Vision Triangle" as defined herein (see Chapter 10).

U.

Widening and Realignment of Existing Streets. Where a subdivision borders an existing narrow street or when the Comprehensive Plan or setback regulations indicate plans for realignment or widening of streets that would require use of some of the land in the subdivision, the applicant shall be required to improve and dedicate, at their expense, the areas for widening or realignment of such streets. These streets shall be improved and dedicated to the full width as required by this Ordinance and the City's street standards.

V.

New Streets.

1.

Arterial or Collector Streets. Where the development depends on a new arterial or collector for the efficient development of the subdivision, the developer shall dedicate and improve the street at their own expense in accordance with this Ordinance. City may participate in oversizing if the street is included in the City's Thoroughfare Plan; a development agreement will be required for any City participation.

2.

Local Streets. The developer shall dedicate and construct all new local streets needed for the adequate development of the subdivision at their own expense in accordance with this Ordinance.

W.

Standards in Previously Developed Areas. Development in areas of the City and ETJ which have existing streets and conditions which do not meet the requirements of this section shall be subject to the following standards.

1.

Minimum right-of-way width shall be fifty (50) feet.

2.

Minimum pavement width shall be twenty (20) feet.

3.

Where there is no curb, gutter and sidewalk on adjoining properties and directly across the street, the Administrative Official may exempt development from the requirements for curb and gutter, provision of sidewalks, or both requirements.

X.

Right-of-Way Maintenance. Decorative subdivision access points (entries and exits), boulevard medians and rights-of-way located behind or outside subdivision perimeter fences shall be maintained in perpetuity by the developer or a home owners association.

Y.

Connectivity Index. New subdivisions with fifty (50) or more lots must have a connectivity index of one and two tenths (1.2) or greater. The requirement must be met by each phase and by the final development. The connectivity index shall be calculated by dividing the total number of links by the total number of nodes.

1.

Links: Roadway segments connecting nodes (includes street stubs intended to connect to future development; excludes arterials and alleys).

2.

Nodes: Terminus or intersection of streets (excludes arterials and alleys); includes any location where there is a street name change or a curve that exceeds seventy-five (75) degrees (e.g., red #19 in the graphic below).

Z.

Traffic Impact Analysis. Where a Traffic Impact Analysis is required, the following shall apply.

1.

The purpose of a Traffic Impact Analysis (TIA) is to assess the effects of specific development activity on the existing and planned roadway system. Development activity may include but is not limited to a site plan, plan of development approval, preliminary plat, final plat, driveway permit, certificate of occupancy, transportation master plan amendment, or by agreement.

2.

A TIA is intended to adequately assess the traffic-related impacts of a development proposal on the existing and planned thoroughfare system. The purpose of these regulations is to:

a.

Provide the safest and most efficient transportation system in conjunction with the development review process;

b.

Inform the applicant of the City's requirements and expectations;

c.

Provide standard guidelines for the preparation and review of a TIA; and

d.

Establish equitable mitigation measures for the accommodation of identified impacts.

3.

Pre-Application Conference.

a.

After the submission of a site plan or a preliminary plat but prior to the commencement of a TIA, a pre-application conference with the City Staff is required to establish a base of communication between the City and the applicant (see Sec. 301.A). This meeting will define the requirements and scope relative to conducting a TIA and ensure that any questions by the applicant are addressed.

b.

The need for a TIA shall be determined by the Administrative Official (or their designee) based upon the results and recommendation from a pre-application conference.

c.

It shall be the responsibility of the applicant to demonstrate that a TIA should not be required.

4.

TIA Applicability.

a.

A TIA is required for all development requests, including site plans, and preliminary plats or final plats, for land uses that will generate over three hundred (300) total trips during the AM or PM peak hour, or three thousand (3,000) daily trips.

b.

An additional separate analysis may be required when site-generated peak hour trip activity is different from that of the adjacent street (weekday 7:00—9:00 a.m., 4:00—6:00 p.m.), as determined by the Administrative Official. Such circumstances may include, but not be limited to commercial/retail, entertainment or institutional activity.

c.

Development with 50—300 peak hour trips may require a TIA, as determined by the Administrative Official.

d.

The Administrative Official may waive the TIA for a Site Plan if a TIA was performed previously involving the subject property, and conditions listed in the report are current.

5.

TIA Analysis Periods.

a.

Analysis periods shall include build and no-build scenarios and assume full occupancy and buildout.

b.

The analysis periods for a development TIA with > fifty (50) peak hour drive-way trips, or 100—500 total peak hour trips, shall be existing year, opening year, and five (5) years after opening. TIA study is not required if the traffic impacts of the project are fully mitigated ten (10) years after opening with existing conditions plus 5-year programmed improvements.

c.

The analysis periods for a development TIA with > five hundred (500) total peak hour trips shall be existing year, opening year, five (5) years after opening, and ten (10) years after final opening with full buildout.

6.

Study Area.

a.

All site access drives.

b.

All signalized intersections or major unsignalized street intersections within one-half (½) to one (1) mile of site boundary.

c.

For certain projects the City may require an enlarged study area. Land uses within the study area should include recently approved or pending development adjacent to site.

d.

Depending upon specific site development characteristics of the proposed development, one (1) or more of the following elements may also be required by the Administrative Official as part of the TIA: an accident analysis, sight distance survey, traffic simulation, queuing analysis, or turn lane analysis.

7.

Requirements for TIA Updates. A TIA shall be updated when access is changed, such as new access or refinement of general access locations not specifically addressed in original proposed development, or trip generation increased by ten (10) percent or more. The applicant is responsible for preparation and submittal of appropriate documentation in order for City Staff to process the development application. The Administrative Official shall make the final determination as to the extent of a TIA update.

8.

TIA Preparation.

a.

A TIA must be prepared in accordance with all the guidelines of this ordinance and submitted in accordance with the City's development review schedule.

b.

The responsibility for TIA preparation shall rest with the applicant and must be performed by a licensed Professional Engineer (P.E.) in the State of Texas with experience in traffic and transportation engineering.

c.

The final TIA report must be signed and sealed by the P.E. responsible for the analysis to be considered for review by the City.

d.

Application and review fees are due at the time of each submittal.

e.

City staff shall serve primarily in a review and advisory capacity and will only provide data to the Applicant when available.

9.

TIA Submittal.

a.

It shall be the responsibility of the Applicant to submit four (4) draft TIA reports, final reports, and executive summaries with the development submission.

b.

The proper number of reports, the timing for submission, and the review of these reports shall be based on standard City development review procedures.

c.

Incomplete TIAs or failure to submit a TIA with the submission shall delay consideration of development requests.

d.

Should it be determined during the review of the development plans that a TIA is required, consideration shall be deferred until the applicant submits a completed TIA and the City has reviewed the assessment.

10.

TIA Review.

a.

An initial review of the TIA by the City shall be available to the applicant nine (9) business days from the submittal date.

b.

Should additional analysis be required of the applicant, re-submission shall be within four (4) business days from when the initial review is available.

c.

Incomplete TIAs or failure to submit a TIA with the submission shall delay consideration of development requests.

d.

Longer review periods may be needed if TxDOT is involved in the review process.

11.

Design Level of Service. The minimum acceptable level of service (LOS) within the City shall be defined as LOS "D" in the peak hour for all critical movements and links. All development impacts on both thoroughfare and intersection operations must be measured against this standard.

12.

Trip Generation Resources.

a.

The City's standard for trip generation rates for various land use categories shall be those found in the latest edition of Trip Generation published by the Institute of Transportation Engineers (ITE) or other published or recognized sources applicable to the region. Alternate trip generation rates may be accepted on a case-by-case basis if the applicant can provide current supporting data substantiating that their development significantly differs from the ITE rates. The Administrative Official in advance of the TIA submission must approve alternative trip generation rates in writing.

b.

Trip reductions for passer-by trips and mixed-use developments will be permitted, subject to analytical support provided by the applicant and approval by the Administrative Official, on a case-by-case basis. Assumptions relative to auto occupancy, transit mode share, or percentage of daily traffic to occur in the peak hour must be documented and will be considered subject to analytical support provided by the applicant.

13.

Deferred TIA. On developing corridors where multiple separate ownership of small tracts exists, the City may defer the TIA in favor of a more comprehensive corridor analysis.

a.

The applicant will submit a proportionate cost contribution based on the ultimate development intensity of individual tracts relative to the corridor defined for analysis or as determined by the City's Fee Schedule for a traffic assessment fund for such larger study.

b.

Mitigation of traffic impacts may still be required but as determined by the larger TIA.

c.

Affected individual property owners will commit to contribution of proportionate costs for required improvements, as determined through study, for area-wide improvements.

14.

Mitigation. Mitigation of impacts shall be required if the proposed development would cause a facility or traffic movement to exceed LOS D, or where it already exceeds LOS D and the development would contribute five (5) percent or more of the total traffic during any projected horizon year. If mitigation is required, the applicant must only mitigate the impact of the proposed development and would not be responsible for alleviating any deficiencies in the thoroughfare system that may occur without the proposed development. Acceptable mitigation measures shall include:

a.

Staging of development in order to relate site development to the construction of the required thoroughfare system;

b.

Off-site improvements, including the provision of right-of-way or participation in funding for needed thoroughfare and intersection improvement projects; and

c.

On-site improvements, including access controls and site circulation adjustments.

15.

Administration. The Administrative Official shall be responsible for reviewing the TIA. Based on the Administrative Official's recommendation, the Planning & Zoning Commission, or the City Council, as appropriate based on the type of application, shall take one or more of the following actions:

a.

Approve the development request, if the project has been determined to have no significant impact or where the impacts can be adequately mitigated;

b.

Approve the development request, subject to a phasing plan;

c.

Recommend study of the Transportation Master Plan to determine amendments required to increase capacity;

d.

Recommend amendment of the City's CIP to expedite construction of needed improvements; and

e.

Deny the development request, where the impacts cannot be adequately mitigated.

16.

Cost of TIA Review by City. The cost for review of TIA submittals shall be based on the parameters set forth in the City's Fee Schedule and paid in full at time of submission.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 1134, § 1, 10-4-05; Ord. No. 2065, § 1, 2-5-13; Ord. No 2079, §§ 7, 8, 11-5-13; Ord. No. 2146, § 3, 1-3-17; Ord. No. 2306, § 1(Att.), 5-6-25)

Parking areas shall be constructed of asphalt, concrete, or brick pavers. For additional parking area construction standards, see the City's parking design criteria on file with the Administrative Official.

(Ord. No. 2065, § 1, 2-5-13; Ord. No. 2306, § 1(Att.), 5-6-25)

Editor's note— Ord. No. 2065, § 1, adopted Feb. 5, 2013, renumbered the former §§ 608—625 as §§ 609—626 and enacted a new § 608 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

A.

Two Tiers of Lots Required. Blocks shall have sufficient width to provide for two tiers of lots of appropriate depths. Exceptions to this prescribed block width shall be permitted in blocks adjacent to major streets, railroads or waterways.

B.

Length. The lengths, widths and shapes of blocks shall be such as are appropriate for the locality and the type of development contemplated, but generally block lengths in residential areas shall meet the standards of Section 607.

C.

Pedestrian Ways. Pedestrian ways (right-of-way) not less than twelve (12) feet wide, may be required through the center of blocks more than five hundred (500) feet long to provide access to schools, playgrounds, shopping, transportation or other community facilities (see Section 610).

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 2065, § 1, 2-5-13)

Editor's note— See the editor's note to § 608.

A.

When Required. Concrete sidewalks shall be included within the dedicated rights-of-ways of all streets except where replaced by bicycle paths when required by the City under circumstances specified in subsection D. below.

B.

Sidewalk Design Standards.

1.

A typical residential sidewalk shall be four (4) feet in width, and a typical nonresidential sidewalk shall be five (5) feet in width; however, the City may require wider sidewalks in certain circumstances.

2.

Sidewalks shall be placed on both sides of streets unless expressly waived by the City.

3.

All sidewalks shall be constructed of concrete no less than four (4) inches in thickness with expansion joints as needed.

4.

The property side edge of the sidewalk shall set back one (1) foot into the right-of-way, unless otherwise approved by the City.

5.

All sidewalks shall be constructed in conformance with City, Texas Architectural Barriers Act and Americans with Disabilities Act standards.

6.

A grass or City-approved landscaped strip at least three (3) feet wide shall separate all residential sidewalks from adjacent curbs. Sidewalks may be built adjacent to curbs when so approved by the City.

C.

Pedestrian Ways Requiring Additional Right-of-Way. The City may require additional right-of- way for sidewalks and/or bike paths outside of street rights-of-way in order to facilitate pedestrian access to schools, parks or other nearby streets. These sidewalks or bicycle paths shall be located in rights-of-way at least twelve (12) feet in width. Such rights-of-way shall be indicated on the plat.

D.

Bicycle Paths.

1.

School Access. A bicycle path may be required within the rights-of-way of any new street, other than a Minor Street, if said street segment is within a two (2) mile radius of a public school. Such bicycle path may be substituted for one of the required sidewalks.

2.

Bicycle Path Standards. Such paths (paved surface) shall be paved with a smooth concrete or asphalt surface, and otherwise conform to U.S. Department of Transportation standards. Where exclusive bikeways are developed, they shall be a minimum of eight (8) feet in width for a two-way bikeway. Where sidewalk bikeways are developed, a twelve (12) foot combined sidewalk and two-way bikeway shall be required. A bike lane developed on the same grade as a roadway shall incorporate a painted stripe in the roadway, and be a minimum of four (4) feet in width.

E.

Sidewalk and Parkway Maintenance. Maintenance of sidewalks and any grass or other landscaping within a parkway between the sidewalk and back of curb shall be the responsibility of the property owner abutting the right-of-way.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 1134, § 1, 10-4-05; Ord. No. 2065, § 1, 2-5-13; Ord. No. 2306, § 1(Att.), 5-6-25)

Editor's note— See the editor's note to § 608.

Construction plans shall include a stormwater pollution prevention plan that complies with the requirements of the Texas Commission on Environmental Quality General Permit to Discharge Under the Texas Pollutant Discharge Elimination System (TPDES General Permit No. TXR150000). The stormwater management practices specified in this plan shall be maintained on each lot until such time as a building permit is issued. Prior to building permit issuance, the subdivision developer or individual lot owner shall be responsible for ensuring compliance with TPDES General Permit No. TXR150000. Upon Building Permit issuance, the builder to whom the permit is issued shall be responsible for ensuring compliance with TPDES General Permit No. TXR150000 until final stabilization of soil has been achieved on all portions of the site and a Notice of Termination has been filed with the Texas Commission on Environmental Quality in accordance with the requirements of TPDES General Permit No. TXR150000.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 2065, § 1, 2-5-13; Ord. No. 2306, § 1(Att.), 5-6-25)

Editor's note— See the editor's note to § 608.

A.

Filling. Whenever a plat is submitted for an area which is in an Area of Special Flood Hazard but not in a Floodway, the City may approve such subdivision, provided, that the developer indicates on the final plat, in shaded area and identified, such Area of Special Flood Hazard. It will be further indicated that the finish floor of building elevations be above the minimum elevation of the 100-year frequency flood as determined Federal Emergency Management Agency (FEMA) flood maps.

B.

Overflow Zone. If a subdivision is approved in an Area of Special Flood Hazard as defined by FEMA flood maps, the plat of such subdivision shall provide for an overflow zone along the bank of any stream or watercourse in a width that shall be sufficient in times of high water to contain or move the water, and no fill shall be placed in the overflow zone nor shall any structure be erected or placed therein. The boundaries of the overflow zone shall be subject to approval by the City.

C.

Natural Storage Areas. Isolated wetlands and other natural storage areas shall be used whenever feasible for retention of storm water runoff.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 2065, § 1, 2-5-13)

Editor's note— See the editor's note to § 608.

A.

Drainage Plan Review. A drainage plan, based upon a 100-year flood event, as addressed by the Federal Emergency Management Agency (FEMA), shall be submitted to the City Engineer for review and approval. Development outside the City Limits and within the City's extraterritorial jurisdiction shall be approved by the San Patricio Drainage District prior to City approval.

B.

Drainage Easements.

1.

General Requirements. Where a development or subdivision is traversed by a watercourse or drainage way, there shall be provided a storm water easement or drainage right-of-way conforming substantially to the lines of such watercourse, and of such width as will be adequate for the purpose. The drainage may be maintained by an open channel with adequate width for maximum potential volume of flow, or other method as the City Engineer may require.

2.

Easement Access.

a.

Inclusion of open ditches other than swales within road rights-of-way is discouraged except where no feasible alternative exists. For underground drainage facilities and open ditches not exceeding three feet in depth, perpetual unobstructed easements at least fifteen (15) feet in width for such drainage facilities shall be provided across property outside the road lines and with satisfactory access to the road. Easements shall be indicated on the plat.

b.

When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights must be secured and indicated on the plat.

c.

The developer shall dedicate or provide easements for existing watercourses, distance and width to be determined by the City Engineer.

3.

Drainage Rights-of-Way. Where the developer proposes to construct a drainage ditch in excess of three feet deep, or the development encompasses a ditch or drainage way in excess of three feet deep, the developer shall dedicate a right-of-way rather than an easement to the City.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 2065, § 1, 2-5-13)

Editor's note— See the editor's note to § 608.

A.

Public System. Unless approved by the City Council, all new development shall connect to the City water system and provide adequate domestic water use and fire protection.

B.

Standards.

1.

The developer shall install adequate water appurtenances (including fire hydrants), subject to City and State specifications. All water mains shall be looped and sized in accordance with the City of Portland Public Works Department Standards, Specifications and Details. (Refer to the City's water and wastewater ordinances.) A development agreement will be required for any City participation (e.g., oversizing).

2.

Subdivisions with tracts of five (5) acres or less are presumed to be residential developments unless the land is restricted to nonresidential uses on the final plat and all deeds and contracts for deeds. The establishment or residential developments with tracts of five (5) acres or less where the water supply does not meet the minimum standards of the Section are prohibited.

3.

Non-Municipal Public Water Systems.

a.

Subdividers who propose to supply drinking water by connecting to an existing public water system other than the City of Portland's must provide a written agreement with the retail public utility in substantially the form attached in Appendix 1A. The agreement must provide that the retail public utility has or will have the ability to supply the total flow anticipated from the ultimate development and occupancy of the proposed subdivision for a minimum of thirty (30) years. The agreement must reflect that the subdivider has paid the cost of water meters and other necessary connection equipment, membership fees, water rights acquisition costs, or other fees associated with connection to the public water system so that service is immediately available to each lot.

b.

Where there is no existing retail public utility to construct and maintain the proposed water facilities, the subdivider shall establish a retail public utility and obtain a Certificate of Conveniences and Necessity (CCN) from the TCEQ. The public water system, the water quality and system design, construction and operation shall meet the minimum criteria set forth in 30 TAC, §§ 290.38-290.51 and §§ 290.101-290.120, or as amended. If groundwater is to be the source of the water supply, the subdivider shall have prepared and provide a copy of a groundwater availability study which shall include an analysis of the long term (thirty (30) years) quantity and quality of the available groundwater supplies relative to the ultimate needs of the subdivision. If surface water is the source of supply, the subdivider shall provide evidence that sufficient water rights have been obtained and dedicated, either through acquisition or wholesale water supply agreement, that will provide a sufficient supply to serve the needs of the subdivision for a term of not less than thirty (30) years.

4.

Non-Public Water Systems. Where individual wells or other non-public water systems are proposed for the supply of drinking water to residential establishments, a test well or wells located so as to be representative of the quantity and quality of water generally available from the supplying aquifer shall be drilled by the subdivider and the produced waters sampled and submitted to a private laboratory for a complete chemical and bacteriological analysis of the parameters on which there are drinking water standards. The subdivider shall have prepared and provide a copy of a groundwater availability study which shall include an analysis of the long term (30 years) quantity of the available groundwater supplies relative to the ultimate needs of the subdivision. The water quality of the water produced from the test well must meet the standards of water quality required for community water systems as set forth in 30 TAC, §§ 290.103, 290.105, 290.106, and 290.110, or as amended, either:

a.

Without any treatment to the water; or

b.

With treatment by an identified and commercially available water treatment system.

5.

Transportation of Potable Water. The conveyance of potable water by transport truck or other mobile device to supply the domestic needs of the subdivision is not an acceptable method, except on an emergency basis. Absence of a water system meeting the standards of these rules due to the negligence of the subdivider does not constitute an emergency.

C.

Plat Requirements. The location of all fire hydrants and all water supply improvements shall be shown on the preliminary plat. All fire hydrants and water supply improvements shall be in utility easements dedicated by plat or other recorded instrument.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 1022, § 5, 11-7-00; Ord. No. 1075, § 1.9, 5-6-03; Ord. No. 1192, § 3, 9-2-08; Ord. No. 2065, § 1, 2-5-13; Ord. No. 2079, § 9, 11-5-13; Ord. No. 2306, § 1(Att.), 5-6-25)

Editor's note— See the editor's note to § 608.

A.

Mains. No main shall be less than six (6) inches in diameter.

B.

Residential Subdivisions. Fire hydrants in residential developments shall be located at development entrances and at appropriate street intersections determined by spacing criteria. Additional hydrants shall be spaced along roadways in accordance with the regulations required by the adopted Fire Code of the City, (no habitable structure shall be more than five hundred (500) feet from the nearest hydrant by lay of fire hose). Hydrant connections to the mains shall be no less than six (6) inches.

C.

All Other Subdivisions. In nonresidential subdivisions, fire hydrants shall be spaced no greater than three hundred (300) feet apart measured within rights-of-way. Hydrants shall be placed at development entrances and at other strategic places. Water mains shall be no less than 8 inches in diameter. Six (6) inch mains may be used in planned building groups as outlined in the National Fire Protection Association (NFPA) 1141. Mains shall be looped.

D.

Fire Hydrant Access

1.

All hydrants shall be installed in such a manner as to be unobstructed and easily accessed by the Fire Department at all times.

2.

All locations are to be approved by the City Fire Code Official. All fire hydrants and waterline extensions serving fire hydrants shall be in utility easements dedicated by plat or other recorded instrument.

3.

Hydrants shall be placed a minimum of three (3) feet from roadways and driveways. They shall not be blocked by hedges, trees, parked vehicles, buildings, fences, utility poles, receptacles, signs, etc. There shall be a minimum of three (3) feet working clearance around every hydrant.

E.

Hydrant Specifications. All fire hydrants shall be approved by the City, and shall have one (1) 4.5-inch steamer and two (2) 2.5-inch ports (inside diameter). Hydrant outlet threads shall have the National Hydrant (NH) standard external threads for the size outlet supplied. Hydrants shall be painted red. Private hydrants shall be painted red with a white bonnet top.

F.

Hydrant Protection. Fire hydrants in commercial and industrial areas or any other area where a hydrant may be endangered by vehicles shall have guard posts. Posts shall be no less than three (3) inch diameter metal pipe, concrete filled and painted yellow. Posts will not be placed in such a manner to be directly in front of a port or obstruct Fire Department use.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 2065, § 1, 2-5-13; Ord. No. 2079, § 10, 11-5-13; Ord. No. 2306, § 1(Att.), 5-6-25)

Editor's note— See the editor's note to § 608.

A.

General Requirements. The applicant shall install sanitary sewer facilities in a manner prescribed by the City's water and waste-water ordinances. Plans shall be approved by the City and, where appropriate, State agencies. A development agreement will be required for any City participation (e.g., oversizing).

B.

Subdivisions. All subdivisions shall be connected to a sanitary sewer system, including taps for all lots. Where a public sanitary sewer system is not, in the judgment of the City, accessible, the applicant shall comply with all State and County laws regarding organized sewerage facilities and on-site facilities.

C.

Lift Stations and Manholes. If sewerage from a subdivision will be served through an existing lift station or manhole, the City may require the developer to rehabilitate the lift station or manhole. If an existing lift station must be rehabilitated, or if a new lift station is required for a subdivision, the developer's engineer shall supply all necessary data and calculations to the City for review. The electrical equipment serving the lift station shall include an approved transfer switch.

D.

Standards. Subdivisions with tracts of five acres or less are presumed to be residential developments unless the land is restricted to nonresidential uses on the final plat and all deeds and contracts for deeds. The establishment of residential developments with tracts of five (5) acres or less where sewer services do not meet the minimum standards of this Section are prohibited.

1.

Organized Sewerage Facilities.

a.

Subdividers who propose the development of an organized wastewater collection and treatment system must obtain a permit to dispose of wastes from the Texas Commission on Environmental Quality in accordance with 30 TAC Chapter 305 "Consolidated Permits," or as amended, and obtain approval of engineering planning materials for such systems under 30 TAC Chapter 317, "Design Criteria for Sewerage Systems," or as amended, from the Texas Commission on Environmental Quality.

b.

Subdividers who propose to dispose of wastewater by connecting to an existing permitted facility must provide a written agreement in substantially the form attached in Appendix 1B with the retail public utility. The agreement must provide that the retail public utility has or will have the ability to treat the total flow anticipated from the ultimate development and occupancy of the subdivision for a minimum of thirty (30) years. The agreement must reflect that the subdivider has paid the cost of all fees associated with connection to the wastewater collection and treatment system so that service is immediately available to each lot. Engineering plans for the proposed wastewater collection lines must comply with 30 TAC Chapter 317. Figure: 31 TAC, § 364.33(a)(2), or as amended.

2.

On-site Facilities.

a.

On-site facilities which serve single-family or multifamily residential dwellings with anticipated wastewater generations of no greater than 5,000 gallons per day must be designed by a registered professional engineer or registered professional sanitarian, permitted by the authorized agent of the TCEQ, and in all respects comply with 30 TAC Chapter 285, or as amended.

b.

Proposals for on-site sewerage facilities for the on-site disposal of sewerage in the amount of 5,000 gallons per day or greater must comply with 30 TAC Chapter 317, or as amended.

c.

On-site sewerage facilities must apply for and receive a permit from the Texas Commission on Environmental Quality or its authorized agent as required by the procedures established in Chapter 366 of the Texas Water Code, or as amended, and 30 TAC Chapter 285, or as amended.

d.

On-site Sewage Disposal near Lakes. On-site sewerage facilities proposed near lakes must be licensed and installed in strict accordance with requirements established by the Texas Commission on Environmental Quality in their rules 30 TAC Chapter 285, or as amended.

e.

On-site Wastewater Disposal in Recharge Zones. On-site sewerage facilities proposed within aquifer recharge zones must be licensed and installed in strict accordance with requirements established by the Texas Commission on Environmental Quality in 30 TAC Chapter 285, or as amended, and applicable Texas Commission on Environmental Quality regulations.

f.

Review, Inspection and Permitting of On-Site Sewerage Facilities. The Texas Commission on Environmental Quality or its authorized agent shall review proposals for on-site sewage disposal systems and make inspections of such Systems as necessary to assure that the system is in compliance with Chapter 366 of the Texas Health and Safety Code, or as amended, and rules 30 TAC Chapter 285, or as amended. In addition to the unsatisfactory on-site disposal systems listed in 30 TAC 285.3(b), pit privies and portable toilets are not acceptable waste disposal systems for lots platted under this Ordinance.

3.

Grey Water Systems for Reuse of Treated Wastewater.

a.

Organized or Municipal Sewerage Systems. Any proposal for sewage collection, treatment and disposal which includes grey water reuse shall meet minimum criteria of 30 TAC 210, "Use of Reclaimed Water," or as amended, promulgated and administered by the Texas Commission on Environmental Quality.

b.

On-Site Sewerage Facilities. Any proposal for on-site sewage disposal which includes provisions for grey water use shall meet the minimum criteria of 30 TAC 285, or as amended, contained within the "Construction Standards for On-Site Sewerage Facilities" promulgated by the Texas Commission on Environmental Quality.

4.

Sludge Disposal. The disposal of sludge from water treatment and wastewater treatment facilities shall meet the criteria of 30 TAC, Chapters 312 and 317, or as amended.

E.

Sanitary Sewer Line Inspections. All sanitary sewer lines and manholes shall be cleaned, tested, and inspected prior to project acceptance. Specifications for the testing methods shall be determined by the Administrative Official, and may include CCTV (video) testing, air testing, mandrel testing, and vacuum testing.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 1022, § 6, 11-7-00; Ord. No. 1075, §§ 1.6, 1.7, 1.9, 5-6-03; Ord. No. 1192, § 1, 9-2-08; Ord. No. 2065, § 1, 2-5-13; Ord. No. 2146, § 4, 1-3-17; Ord. No. 2306, § 1(Att.), 5-6-25)

Editor's note— See the editor's note to § 608.

The installation and dedication of gas distribution mains within the subdivision will be at the option of the developer. Should gas utilities not be installed, the developer shall provide minimum six (6) inch diameter casings buried with a minimum three (3) feet of ground cover to finish grade, extending from the edge of right-of-way to right-of-way at intersections or crossings as approved on construction plans. There shall be no bends or curves in the casings unless approved by the City and the gas utility provider. Other provisions necessary for such installation shall be installed in a fashion approved by the City of Portland necessary to provide service to all lots. Casings required by this section shall be either C-900 or SDR-21 grade plastic. All casings shall be capped in such a manner as to provide for a water tight seal and to facilitate easy access or removal of such cap.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 2065, § 1, 2-5-13)

Editor's note— See the editor's note to § 608.

The subdivision developer shall install street lights at locations approved by the City, including, but not limited to the following:

A.

Intersections.

B.

Approved interior block locations so the distance between street lights is five hundred (500) feet or less.

C.

Curves where the delta angle is greater than forty-five (45) degrees or the centerline radius is less than one thousand (1,000) feet.

D.

End of cul-de-sacs in excess of two hundred fifty (250) feet in length.

E.

Dead ends when they are located more than two hundred fifty (250) feet from the nearest street light.

Lighting poles shall be constructed of aluminum or City-approved equivalent. Lighting fixtures shall be light-emitting diode (LED) in a wattage approved by the Administrative Official. In the interest of public safety, street lighting shall be located at and/or directly across street right-of-way from fire hydrants (the City may, at its discretion, waive certain location requirements where a conflict in distance within these parameters occurs). The developer shall complete installation of said street lighting prior to acceptance of the subdivision improvements by the City. The developer shall pay for any additional cost, if any, above the credit allowance that the City receives from the utility company. The City will energize and pay all monthly charges, after power is available to the system and the City deems it appropriate.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 1134, § 1, 10-4-05; Ord. No. 2065, § 1, 2-5-13; Ord. No. 2146, § 5, 1-3-17)

Editor's note— See the editor's note to § 608.

All utility infrastructure, including, but not limited to, gas, electric, telephone and cable TV, shall be located underground throughout the interior of the subdivision, be it interior or perimeter. Whenever such existing utility infrastructure has been installed above ground, it shall be replaced with underground utility infrastructure. Underground service connections to the street property line of each platted lot shall be installed at the subdivider's expense. Electric power utilities, including transformers, shall be located and approved by the electric utility company providing the service.

Temporary electric utility infrastructure may be installed above ground and along thoroughfares adjacent to unplatted property, however, such utility infrastructure shall be replaced with permanent underground utility infrastructure as adjacent property develops.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 1134, § 1, 10-4-05; Ord. No. 2065, § 1, 2-5-13)

Editor's note— See the editor's note to § 608.

A.

For residential Major Subdivisions, a dedication of park land shall be required to meet the recreational needs of the community by either a percentage of land or a payment to the City in an amount equal to the fair market value of the site. The park site size shall be at least five (5) percent of the gross area of the subject subdivision, but in no case less than one (1) acre. Such park site or alternate cash payment shall be determined by the City Council following recommendation from the Administrative Official. This requirement shall also apply to Residential Planned Unit Developments (PUDs).

B.

When a subdivision is to be developed in stages or by units so that the actual platting of the park area to be dedicated in connection with said subdivision will be deferred until the second or a later unit, the developer shall complete and deliver to the City, with the final plat of the first unit of said subdivision, an appropriate deed or cash payment acceptable to the City which shall provide for the future dedication of such park.

C.

Any monies received in lieu of land for park site dedication shall be used by the City for park uses only.

D.

Any land used for trails, off-street bike paths, and pedestrian ways shall be credited toward the required five (5) percent for parks.

E.

Park improvements shall also be dedicated in accordance with standard City park improvement practices, including but not limited to paving, utilities, accessible routes, landscaping, irrigation, play and exercise equipment, picnic tables, signage/wayfinding, waste receptacles, and/or pedestrian lighting. Proposed park improvements (or a fee in lieu of improvements) shall be considered by the City Council following recommendation from the Administrative Official.

F.

Trail dedication is required in accordance with the City's latest Parks & Open Space Plan.

1.

When a trail or trail extension is proposed on the subject property, the City is authorized to require that an easement be provided for the trail. Sufficient land shall be dedicated to provide trails in conformance with the Parks & Open Space Plan.

2.

Connections to existing and proposed trail corridors shall be dedicated when adjacent to or connecting to a proposed development.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 2065, § 1, 2-5-13; Ord. No. 2306, § 1(Att.), 5-6-25)

Editor's note— See the editor's note to § 608.

A.

General. If a proposed subdivision includes land that is zoned for commercial or industrial purposes, the layout of subdivision street, parcel and block patterns shall be specifically adapted to the uses anticipated and take into account other uses in the vicinity. The following principles and standards shall be observed:

1.

Streets. Street rights-of-way and pavement shall be adequate to accommodate the type and volume of traffic anticipated to be generated thereupon. Streets carrying nonresidential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas.

2.

Special Requirements. The City may require special street, bridge, traffic signalization, curb, gutter, sidewalk, water, sewer and drainage improvements within or nearby the subdivision being developed.

3.

Buffers. Every effort shall be made to protect adjacent residential areas, existing or potential, from a proposed commercial or industrial subdivision, including the provision of extra parcel depth as determined by the City.

4.

Shared Driveways and Cross-Access.

a.

Each parking lot or internal vehicular circulation system in new nonresidential and mixed-use development shall provide vehicular cross-access between parking lots within the development and any parking lots on adjoining parcels containing nonresidential or mixed-use development, and to the boundary of adjoining vacant land. The cross-access shall consist of a driveway or drive aisle that is at least twenty-seven (27) feet wide or two (2) one-way driveways or aisles that are each at least fifteen (15) feet wide, or otherwise designed to accommodate a fire apparatus.

b.

Where feasible, driveways that serve adjacent properties should be combined into one (1) shared driveway.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 1140, § 1, 1-17-06; Ord. No. 2065, § 1, 2-5-13; Ord. No. 2306, § 1(Att.), 5-6-25)

Editor's note— See the editor's note to § 608.

When necessary to accommodate utilities, storm drainage, or other infrastructure needs, easements shall be centered on side and rear lot lines. Such easements shall be wide enough for the installation, maintenance and replacement of utilities for which the easement is dedicated. Proper coordination shall be required for prior easements established in adjoining properties.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 2065, § 1, 2-5-13)

Editor's note— See the editor's note to § 608.

Private streets may be permitted by the City with the following conditions:

A.

Private streets shall meet the City of Portland Street Specifications.

B.

Private streets shall be maintained in perpetuity by the developer or a home owners association with performance guarantees.

C.

Emergency access shall be guaranteed to lots fronting private streets at all times.

D.

A City disclaimer shall be prominently displayed on the subdivision plat and recorded.

E.

The City Council approves the use, construction and maintenance of such private streets within the city limits and extraterritorial jurisdiction

F.

The San Patricio Commissioners Court approves the use, construction and maintenance of such private streets within the extraterritorial jurisdiction.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 1140, § 1, 1-17-06; Ord. No. 2065, § 1, 2-5-13)

Editor's note— See the editor's note to § 608.

In areas that lack a nationally recognized fire code as listed in Local Government Code, § 234.002(b)(2), or as amended, and lack water lines sized for fire protection, setbacks from roads and rights-of-way shall be a minimum of ten (10) feet, setbacks from adjacent property lines shall be a minimum of five feet, and shall not conflict with separation or setback distances required by rules governing public utilities, on-site sewerage facilities, or drinking water supplies. Setback lines required elsewhere in the orders or rules of the City shall control to the extent greater setbacks are therein required. (See Section 409 and Section 410.)

(Ord. No. 1075, § 1.8, 5-6-03; Ord. No. 1192, § 4, 9-2-08; Ord. No. 2065, § 1, 2-5-13)

Editor's note— See the editor's note to § 608.

When a subdivision is restricted to single-family uses by a zoning classification or deed restriction, no more than one single-family detached dwelling shall be located on each subdivision lot. A notation of this restriction shall be placed on the face of the final plat. This restriction shall be placed in all deeds and contracts for deeds for real estate sold within the subdivision. Where otherwise authorized, proposals which include multifamily residential structures shall include adequate, detailed planning materials required by the City for determination of proper water and wastewater utility type and design.

(Ord. No. 1022, § 7, 11-7-00; Ord. No. 1075, § 1.8, 5-6-03; Ord. No. 2065, § 1, 2-5-13)

Editor's note— See the editor's note to § 608.

A.

Authority and Scope. This section shall apply only to tracts of land that were divided into two or more parts to lay out a subdivision before September 1, 1989 and have not been platted or recorded.

B.

Purpose. It is the purpose of this section to promote the public health of the City's residents, to ensure that adequate water and sewerage facilities are provided in subdivisions within the City and its extraterritorial jurisdiction, and to establish the minimum standards for pre-1989 subdivisions for which no plat has been filed or recorded in the records of the County.

C.

Required Plat. In the event that the owner of a tract of land located within the City or its extraterritorial jurisdiction who subdivided the tract into two or more parts to lay out a subdivision of the tract prior to September 1, 1989, including an addition, or to lay out suburban lots or building lots, and to lay out streets, alleys, squares, parks or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts, was legally obligated to, but has failed to have a plat of the subdivision prepared, approved by the City, and filed with the County, the owner of a residential lot which was created by the subdivision may have a plat of the individual lot prepared and approved by the City Engineer as provided in this section in lieu of the filing of a plat of the subdivision.

D.

Special Criteria. The City may approve the plat of a residential lot which does not comply with the provisions of Section 317.O.1, Section 409. District Dimensional Standards, Section 624. Setbacks, Section 625. Number of Dwellings per Lot, Section 317.B.4, and Section 317.E as applied to an individual subdivided lot if such approval is in harmony with the general purpose and intent of this Ordinance so that the public health, safety, and welfare may be secured and substantial justice done.

1.

Owners of individual lots in a single unplatted subdivision may file a joint request for approval of their respective individual residential lots.

2.

An application for approval of the plat of an individual lot shall be made in writing. The application shall state specifically the division, section, or subsection with which the plat does not comply and from which a waiver is being requested. The application shall contain available information and documentation which supports the requested approval. The applicant shall also provide such additional documentation as the City may request to support the application, including:

a.

A copy of a dated plat, sales contract, utility records, or other acceptable documentation that the subdivision occurred prior to September 1, 1989;

b.

The name and address of the original subdivider or the subdivider's authorized agent, if known;

c.

A survey and plat of the lot for which approval is requested, showing existing residences, roads, and utilities; and

d.

A deed, an affidavit of ownership or other evidence of ownership of the lot for which approval is requested.

3.

Approval of plats of individual lots shall be granted subject to the limitations of state law, and based on written findings by the City that:

a.

The lot for which approval is requested is within a tract that was subdivided prior to September 1, 1989, and is not owned by the original subdivider;

b.

A plat was required for the subdivision, but has not been filed with the county by the subdivider legally obligated to file it;

c.

An existing, currently occupied residential dwelling is located on the lot;

d.

Existing, water and sewer services which comply with the minimum standards set forth in this Ordinance are available to the lot; and

e.

The request is reasonable, compliance with specified sections of these rules is impractical, and a waiver is not contrary to the public health and safety.

E.

Final Determination. The Administrative Official shall make the final decision on an application for a waiver. The applicant may withdraw a request for a waiver at any point in the process. If the requested waiver application is approved, the City shall issue a certificate stating that a plat of the residential lot has been reviewed and approved.

(Ord. No. 1022, § 7, 11-7-00; Ord. No. 1075, § 1.8, 5-6-03; Ord. No. 2065, § 1, 2-5-13)

Editor's note— See the editor's note to § 608.