The purposes of this section are:

1. To set forth the procedure and standards for submitting plats, for subdividing property, for the layout and development of lots, land and subdivisions within the corporate limits of the city, and the extraterritorial jurisdiction of the city, as prescribed in this chapter and to guide and assist the developer in correct procedures to be followed and to furnish information of standards required.
2. To promote the safe, orderly and healthful development of the city by controlling the location, width, design and type of streets, sidewalks, storm sewers, culverts, bridges, utilities and essential services required.

1. All property not subdivided into lots, blocks and streets within the city or within the extraterritorial jurisdiction thereof shall hereafter be laid out under the direction of the City Council or subject to its approval and no other subdivision will be recognized by the city. Prior to the platting of any subdivision being considered by the Planning and Zoning Commission, the Building Official or his designee will review the plat and will make recommendations.
2. It shall be unlawful for any owner or agent of any owner to lay out, subdivide or plat any land into lots, blocks and streets within the city or within the extraterritorial jurisdiction thereof which does not conform to all rules and regulations of the City.

1. The city hereby defines its policy to be that the City will withhold all city improvements' of whatever nature, including the maintenance of streets and furnishing of sewerage facilities and water service, from all additions, if the plat (when required) has not been approved by the Planning and Zoning Commission.
2. No officer or employee of the City shall do or cause to be done any work upon any street in any addition or subdivision of the City unless all requirements of this chapter or other regulations have been complied with by the owner of such addition or subdivision.

1. The owner of a tract of land located within the limits or in the extraterritorial jurisdiction of a municipality who divides the tract in two or more parts to lay out a subdivision of the tract, including an addition to a municipality, to lay out suburban, building, or other lots, or 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 must have a plat of the subdivision prepared. A division of a tract under this subsection includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method. A division of land under this subsection does not include a division of land into parts greater than five acres, where each part has access and no public improvement is being dedicated.
2. To be recorded, the plat must:
   1. describe the subdivision by metes and bounds;
   2. locate the subdivision with respect to a corner of the survey or tract or an original corner of the original survey of which it is a part; and
   3. state the dimensions of the subdivision and of each street, alley, square, park, or other part 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 street, alley, square, park, or other part.
3. The owner or proprietor of the tract or the owner's or proprietor's agent must acknowledge the plat in the manner required for the acknowledgment of deeds.
4. The plat must be filed and recorded with the county clerk of the county in which the tract is located.
5. The plat is subject to the filing and recording provisions of § 12.002, Property Code.

The following types of subdivision do not require approval by the City. However, the city may not extend utilities, provide access to public roads, or issue building permits for the development of any property which has not received final plat approval, except as otherwise provided by this code.

1. The division of a tract into two or more parts if the land is to be used primarily for agricultural use, as defined by Section 1-d, Article VIII, Texas Constitution, or for farm, ranch, wildlife management, or timber production use within the meaning of Section 1-d-1, Article VIII, Texas Constitution.
2. If a tract described by Subsection (A) ceases to be used primarily for agricultural use or for farm, ranch, wildlife management, or timber production use, the platting requirements of this subchapter apply.
3. a tract which is divided into four or fewer parts if each of the lots is to be sold, given, or otherwise transferred to an individual who is related to the owner within the third degree by consanguinity or affinity, as determined under Chapter 573, Government Code. If any lot is sold, given, or otherwise transferred to an individual who is not related to the owner within the third degree by consanguinity or affinity, the platting requirements of this subchapter apply.
4. the division of a tract into two or more parts if:
   1. all the lots of the subdivision are more than ten acres in area; and
   2. the owner does not lay out a part of the tract described by § 232.001(a)(3).
5. the division of a tract into two or more parts if all the lots are sold to veterans through the Veterans' Land Board program.
6. the division of a tract of land belonging to the state or any state agency, board, or commission or owned by the permanent school fund or any other dedicated funds of the state.
7. the division of a tract into two or more parts if:
   1. the owner of the land is a political subdivision of the state;
   2. the land is situated in a floodplain; and
   3. the lots are sold to adjoining landowners.
8. the division of a tract into two parts if one new part is to be retained by the owner, and the other new part is to be transferred to another person who will further subdivide the tract subject to the plat approval requirements of this chapter.
9. the division of a tract into two or more parts if all parts are transferred to persons who owned an undivided interest in the original tract and a plat is filed before any further development of any part of the tract.
   ADDITIONAL EXCEPTIONS:
10. the division of a tract into two or more daughter tracts and the remaining are less than then ten acres. These daughter tracts can be conveyed by metes and bounds; however if the developer wishes to subdivide one of these daughter tracts further, and the tracts do not fit any exceptions, then a plat is required.
11. A plat is not required when two adjacent landowners adjust or change the property lines which separate their respective tracts, as long as there are the same number of tracts and owners after the transaction, as existed before the transaction. This exemption applies whether the transaction requires an exchange of land by both owners, or only a transfer of land from one owner to the other, and whether the transaction takes the form of a sale or of an exchange in kind. However, any land added to a tract through such a transaction shall become an integral part of that tract, and may not be separately conveyed except in compliance with the subdivision laws. Each resulting tract shall, of course, be subject to the minimum lot size requirements of these regulations and other applicable laws. This exception does not apply if the adjustment will change the boundary between two legally platted lots, or subtract land from a legally platted subdivision.
12. A plat is not required when a smaller tract is surveyed out of the parent tract solely for the purposes of obtaining financing for purchase or improvement of that part of the property, provided that possession and primarily beneficial ownership of the entire parent tract are intended to remain unified.
13. A plat is not required when a smaller tract is created by the legitimate foreclosure of a valid lien on a part of the parent tract. This provision does not exempt sham transactions or foreclosures staged to avoid the platting requirements.
14. A plat is not required when a smaller tract is created by the parent tract by a court with appropriate jurisdiction. This provision does not exempt sham transactions or partitions staged to avoid the platting requirement.
15. A plat is not required when owner of two or more distinct adjacent tracts sells one of more of them so long as all existing tracts remain intact. To be "distinct" the tracts must have a history of separate use.
16. An owner of a tract of land may sell two tracts of land of at least three acres each and 200 feet of road frontage for each of the two tracts, provided that the residue, if any, of the parent tract, after the second tract of at least three acres has been conveyed, has at least ten acres remaining in the parent tract and the residue of the parent tract has at least 200 feet of road frontage.
17. A plat is not required when a governmental entity purchases land for the purpose of building a public water supply reservoir and a parent tract is divided into two or more daughter tracts and daughter tracts are each less than ten acres. These daughter tracts can be conveyed by metes and bounds; however, if the owner of the parent and daughter tracts wishes to subdivide one of the daughter tracts further, and the tracts do not fit any exceptions, then a plat is required.
18. An owner of a tract of land who divides the tract into two parts is not required to file a subdivision plat if:
    1. the tract created is an existing home site that has an existing residence with existing electricity, water, sewer system, and/or propane and the said tract created has a minimum of 0.5 acres net usable land and a minimum of 50 feet of road frontage with existing driveway and
    2. the remaining acreage is at least 1.0 acre net usable land and has a minimum of at least 100 feet of road frontage.
19. A subdivision plat is not required when a tract is acquired for commercial purposes and the deed stipulates that this tract can never be used for residential purposes. Examples are, but not limited to, a telephone exchange site, a fiber optic cable site, a cell phone tower site, a radio tower site, a pipeline gate valve, a public water well site, volunteer fire departments, etc. If an on-site sewage facility is necessary for this type of site, the size of the site must conform to the minimum lot size for septic systems.
    SUBJECT TO THE EXCEPTIONS SET FORTH ABOVE CREATED BY THE LOCAL GOVERNMENT CODE PROVISIONS OF SUBCHAPTER A OF CHAPTER 212 AND THE ADDITIONAL EXCEPTIONS LISTED ABOVE: NO LAND IN THE CITY OF RUSK OR THE ETJ SHALL BE DIVIDED, SOLD, OR CONVEYED UNTIL THE OWNER/SUBDIVIDER/DEVELOPER SHALL FIRST HAVE THE FINAL SUBDIVISION PLAT APPROVED BY THE PLANNING AND ZONING COMMISSION AND THEN SAID APPROVED FINAL SUBDIVISION PLAT SHALL BE FILED WITH THE CHEROKEE COUNTY CLERK IN THE MAP RECORDS OF THE COUNTY.

The City Manager or designee shall have the authority to approve:

1. amending plats described by § 212.016 of the Texas Local Government Code;
2. minor plats involving four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities; or
3. a replat pursuant to § 212.0145 of the Texas Local Government Code that does not require the creation of any new street or the extension of municipal facilities.

Plats processed under the provisions of this section shall be subject to all applicable regulations contained in this chapter and all other applicable and pertinent ordinances of the City.

No final plat will be approved by the City Manager, the Planning and Zoning Commission or City Council unless the following standards have been met:

1. Plat substantially conforms to the preliminary plat;
2. Plat conforms to requirements of the Unified Development Code;
3. Provision has been made for adequate public facilities under the terms of this chapter;
4. Plat meets all other requirements of this chapter; and
5. Plat conforms generally to the Master Plan.

The City Manager may, for any reason, elect to withhold approval and present the plat for approval to the municipal authority responsible for approving plats.

The City Manager shall not disapprove any plat, and shall be required to refer any plat which the City Manager refuses to approve to the municipal authority responsible for approving plats within the time period specified in § 212.009 of the Texas Local Government Code.

1. The Planning and Zoning Commission may authorize a variance from these regulations.
2. A variance will not be granted unless undue hardship will result from requiring strict compliance. In granting a variance, the commission shall prescribe only conditions that it deems necessary or desirable to the public interest, health, safety, convenience, and welfare of the city. A variance shall not be granted unless there exists a special circumstances or unique condition affecting the land involved so that the strict application of the provisions of this chapter would deprive the landowner of substantial property right or a reasonably use of the land, and the variance would not be detrimental to the public health, safety, welfare and convenience, nor would be injurious to other property in the area.
3. Financial hardship alone is not sufficient to show "undue hardship." Therefore, a variance from the provisions of this chapter shall not be granted solely because nonconformance is more profitable to the developer.
4. All matters pertaining to the interpretation or enforcement of rules and regulations expressed in this chapter shall be referred to the City Manager or designee for decision. The decision of the City Manager or designee may be appealed to the Planning Commission upon written notice by any of the parties involved.
5. Planning and Zoning Commission decisions, including granting of variances, may be appealed to the City Council upon written notice by any party.
6. Written notice of appeal shall be filed with the Building Official not later than ten calendar days from the date of subject decision so that the item may be placed on the agenda for the next available Planning and Zoning Commission or City Council meeting as the case may be and the affected parties notified of the appeal.

1. An application will be considered complete and ready for processing only if it is submitted in the required number and form, include all required information, and is accompanied by the required filling fee.
2. The Building Official is responsible for accepting an application and must make a determination of application completeness within seven days of the application filing. If an application is determined to be incomplete, the Building Official must provide paper or electronic notice to the applicant, along with an explanation of the application's deficiencies.
   No further processing of the application will occur until the deficiencies are corrected. If they are not corrected within ten days from time of notice of deficiency, the application will be considered incomplete and returned.
3. Application procedures and logistics are as follows:
   1. On forms approved by the City, the applicant must file the application and plat with the Building Official by the application deadline as determined by the City in conjunction with the Schedules of the Planning and Zoning Commission.
      1st submittal Preliminary and Final Plat requirements:
      Six 18 x 24 copies (for review purposes only)
      One copy of plat in digital format approved by the City
   2. Subdivision Review Committee will meet as necessary to discuss any changes to be made to the plat. The Subdivision Review Committee shall be made up of technical city staff and appointed to the Committee by the City Manager.
   3. Comments from the Subdivision Review Committee will be mailed or e-mailed to the appropriate Surveyor and/or Engineer.
   4. After comments are addressed, the plat should be resubmitted no later than the Friday before the Planning and Zoning Commission Meeting or as soon as possible if it is only administrative approval.
      Final Plat submittal requirements:
      Six signed copies (18 x 24)
      One signed reproducible copy (18 x 24)
      Digital copy of plat in a format approved by the City
      Original tax certificate as required by state law

1. Procedure and limitation:
   1. Any owner of any tract of land situated within the corporate limits of the city, or within its extraterritorial jurisdiction, who may desire to subdivide the same, or any part thereof, shall have a preliminary plat prepared by a registered professional engineer, professional land planner or a registered professional land surveyor and also a final plat prepared by a registered professional land surveyor from an actual survey of the proposed subdivision, conforming to all of the rules and regulations set forth in this chapter, and shall submit the same to the Planning and Zoning Commission for its approval.
   2. The practice of division of land by describing metes and bounds is by definition an act of subdivision and is therefore subject to the regulations expressed herein.
2. Preliminary plat: A preliminary plat shall be submitted to the Planning and Zoning Commission for tentative approval before the subdivider proceeds with the final plat. Such preliminary plat and a nonrefundable preliminary filing fee according to the schedule of fees on file with the Building Official. The plat shall be drawn to a scale which is acceptable by the City.
   1. A title including the name of the subdivision, developer, surveyor (or engineer), name of survey, the scale, the date, a north point and approximate acreage.
   2. The boundary lines of the tract to be subdivided with courses, angles, and distances, the property lines and names of record owners of adjoining undeveloped property, easements, building lines, buildings and lots, physical features including water courses, ravines, bridges, culverts, drain pipes, sanitary and storm sewers, water mains, and other existing features on the property being developed and on undeveloped properties within 200 feet of the subject property.
   3. Contours based on U.S. Coast and Geodetic Survey mean sea level elevations at intervals, as required by the city, of two to five feet.
   4. Location and width of existing streets, street names, width between curbs, if paved, and alleys, within and adjacent to the property.
   5. The location, widths, and names of all proposed streets, alleys or other public ways, all lots, blocks and all parcels of land to be dedicated for public use.
   6. A vicinity map showing sufficient area to properly locate the proposed subdivision in relation to schools, parks, shopping centers, thoroughfares and highways.
   7. A designation of the proposed use of land within the subdivision.
   8. The approval of the preliminary plat does not constitute acceptance of the subdivision, but is merely an authorization to proceed with the preparation of the final plat. No work shall be done on the subdivision before the final plat is approved. The preliminary plat will be effective for 48 months from the date of approval by the commission or the council. If a final plat is not submitted and approved within that period, the preliminary plat approval will lapse.
   9. Exceptions: The preceding requirements for the preliminary plat in this subsection are waived if the following criteria are met:
      1. The subdivision is actually a re-subdivision of lots previously platted and filed of record in plat records, Cherokee County, Texas; or
         All proposed lots of the subdivision abut upon an existing street of adequate width such that no additional right-of-way is required; and in either case, no construction of public streets, alleys, storm sewers, sanitary sewers, or water mains is required within or for extension to the subdivision;
      2. The developer first secures written permission from the Building Official to waive the preliminary plat.
3. Final plat or recording plat. The final plat shall be submitted to the Building official after the preliminary plat has been approved by the Planning and Zoning Commission and all changes and alterations made. No final plat will be considered unless a preliminary plat and final as-built engineering plans have been approved. Such final plats, when required, shall be filed in the office of the Building Official by the submittal date listed on the official calendar. The final plat shall show or be accompanied by the following data:
   1. Plats shall be drawn upon sheets 18 by 24 inches and at a scale acceptable by the City.
   2. A title including the name of the subdivision owner or owners, and licensed land surveyor responsible for the plat, and the scale and location of the subdivision with reference to original land grants or surveys, and the date and north point.
   3. The certification and seal of the registered licensed land surveyor who prepared the plat should be placed on the face of the map.
   4. A certification of ownership and dedication of all streets, alleys, water lines, sewer lines, parks and playgrounds to the city for public use forever, signed and acknowledged before a notary public by the owner and lienholder of the land and a complete and accurate description of the land subdivided and the streets and other improvements dedicated. Samples of official dedication statements are located in the City of Rusk's Engineering Design Manual.
   5. An accurate on-the-ground survey of the property with bearings and distances and showing building lines and the lines of all streets, alleys, and lots in the subdivision and adjacent land, streets, and alleys with their names and width. (Streets, alleys, and lot lines in adjacent subdivisions shall be shown dotted.) All necessary data to reproduce the plat on the ground must be shown on the plat, including all permanent monuments and control points.
      Control points and monumentation guidelines:
      1. The surveyor shall set or leave as found sufficient monumentation to retrace the tract. These boundary control points must be established by methods that meet the current standards set forth by the Texas Board of Professional Land Surveying at the time of the origination of the subdivision.
      2. The x-y coordinates for selected boundary control point shall be provided in NAD 83 (NSRS 07) format, using U.S. Survey Foot, for State Plane Coordinates for Texas Central Zone. If bearings and distances shown on the survey plat of the subdivision tract differ from grid bearings and distances, the appropriate rotation angle and combined scale factor, with brief instructions for their use, must be clearly shown on the plat.
   6. Minimum width of 60 feet of right-of-way on residential streets and 60 feet on collectors.
   7. No lot intended for residential construction shall have less than 5,000 square foot area. Lot dimensions shall conform to the city's ordinance requirements for front building-line setbacks and side and rear lot line clearances. If no sanitary sewer is available, lot dimensions must conform to TCEQ standards for on-site septic systems.
   8. Streets. Streets in general must conform to the following:
      1. Public right-of-way: Right-of-way widths shall be in conformity with the requirements of the most recently adopted Engineering Design Manual and shall be of a width at least as great as the existing streets, but shall in no case, be less than 60 feet wide for local residential streets, 60 feet wide for through residential streets, and 80 feet wide for collectors.
      2. Street names: New streets shall be named so as to provide continuity of name with existing streets and so as to prevent conflict with identical or similar names in other parts of the city.
      3. Alignment with existing streets. When possible, new streets shall be aligned with existing streets in adjoining subdivision.
      4. Dead-end streets and cul-de-sacs: Except in unusual cases, no dead-end street will be approved unless such dead-end streets are provided to connect with future streets in adjacent land, but cul-de-sacs may be permitted where the form or contour of the land makes it difficult to plat with connecting streets.
         Such streets shall provide proper access to all lots and shall generally not exceed 500 feet in length, and a turnaround shall be provided at the closed end, with an outside radius of at least 60 feet.
      5. Reserve strips: Reserve strips controlling access to public ways shall not be permitted.
      6. Half-street dedications: Half-street dedications shall not be permitted unless such dedication shall:
         1. Complete a prior half-street dedication provided by a previous approved final plat, or
         2. Be required to legally dedicate a previously traveled way bounding a side or sides at the subdivision.
      7. Boundary streets: In cases where the land proposed to be subdivided is partially or totally bounded on one or more sides by a street, way or thoroughfare having a width less than that specified in the item above, such land shall be platted so as to provide street widths specified.
      8. Size of lots and blocks: The minimum lot size shall be in accordance with the development code of the city. Lots not subject to the zoning ordinance and, therefore, having no zoning classification shall conform to a minimum lot area of 5,000 square feet. In general, blocks shall be approximately 1,000 feet long, but the length may be varied according to circulation, topography, and provisions of the master plan. Blocks shall have a minimum width of 200 feet, unless approved by the Planning Commission.
4. Reserved.
5. Improvements; bond. The improvements listed below in subsections (E)(1) through (6) this section shall be installed prior to the approval of the final plat which is prepared for recording purposes. In lieu of actual completion of such improvements, the subdivider may file with the City Council, a surety bond, from a bonding company authorized to do business in this state, to secure to the city the actual construction of such improvements in a manner satisfactory to the commission and to a permanent line and grade in accordance with standard specifications of the city of good engineering practice (if specifications are not available) within a period specified by the commission, but such period shall not exceed two years. Such bond shall be in the amount made with surety and conditions satisfactory to the City Council. Whenever no lots have been sold, the subdivider may vacate the plat and the bond will be returned to the subdivider.
   The subdivider, after approval of the preliminary plat, may install these improvements only in a portion of such area, but improvements must be installed in any portion of the area, for which a final plat is approved for recording, and the owner may sell or lease lots only in the improved portion of such property; provided that, water and sewerage facilities shall be designed and built to serve the entire area and so that they may be easily expanded or extended to serve the entire area.
   1. Clear and grub and remove all rubbish for a minimum width of 50 feet on all streets.
   2. The developer shall bear full cost of all drainage structures including inlets, culverts, storm sewers, manholes, and subdrains required to carry storm drainage or ground water on or across the property regardless of its origin. The city may, at its option, participate in the cost of drainage improvements. Participation must be approved individually on the merits of the work and the availability of funds by the City Council.
   3. Curb and gutter on all streets meeting the city's specifications as set forth in the approved Engineering Design Manual and set to proper line and grade with other necessary drainage and drainage structures to properly drain the area.
   4. Pavement and width on all streets shall meet all requirements as defined in the most recently adopted Engineering Design Manual.
   5. Provide and install, at developer's expense, a complete system of city approved water mains of adequate size, together with suitable water connections for each lot and appropriate surface location indicators, fire hydrants, fitting, etc., as defined in the most recently adopted Engineering Design Manual. The city shall be notified on construction initiation three days prior to such initiation and inspect the construction to ensure conformance to city standards. The water connections or taps shall be made only in the presence of the water and sewer department representative and approved by him. All service lines shall be in accordance with the city's most recently adopted Engineering Design Manual.
      The size of mains, spacing of fire hydrants, valves, etc., shall be in accordance with the city's most recently adopted Engineering Design Manual and shall conform to the requirements of the state fire insurance commission, the Texas Department of Health Services and the Texas Commission on Environmental Quality.
   6. Provide and install, at developer's expense, a complete system of sanitary sewers of adequate size, together with suitable sewer connections for each lot and appropriate surface location indicators, and also together with standard manholes all subject to the guidelines defined in the cities most recently adopted Engineering Design Manual. Sewer pipe materials and pipe and joint specifications shall also be in accordance with the guidelines defined in the cities most recently adopted Engineering Design Manual. The city shall determine the type of pipe material to be used in each subdivision project due to soil conditions. More than one type of pipe may be required as per the Engineering Design Manual. The city shall be notified of construction initiation three days prior to such initiation and inspect the construction to ensure conformance to city standards. The sewer connections or taps shall be made only in the presence of the city water and sewer department representative and approved by him.
      The sewer mains shall be constructed in accordance with the cities most recently adopted Engineering Design Manual and in accordance with all requirements of the Texas Commission on Environmental Quality.
   7. Provide and install, at developer's expense, a complete system of city approved drainage facilities. Drainage facilities shall be designed and constructed at such locations and of such size and dimensions to adequately serve the development and the contributing drainage area above the development. All drainage facilities shall be constructed in accordance with the most recently adopted Engineering Design Manual and all requirements of the Environmental Protection Agency, the U. S. Corps of Engineers and the Texas Commission on Environmental Quality Additionally, the developer shall obtain all permits required by these agencies. The city shall be notified on construction initiation three days prior to such initiation and inspect the construction to ensure conformance to city standards.
6. Environmental considerations: Whereas it is a violation of state statutes to markedly increase the turbidity of streams, whether perennial or intermittent; it shall be the responsibility of the developer, builders, contractors, and others disturbing the natural surface or ground cover, both collectively and separately to institute such precautions as may be necessary to prohibit erosion, sediment transport, and/or siltation into any storm water conveyance system or onto nearby properties. It shall be a violation of this chapter to pollute such streams by introducing into such waterways construction debris, trees, brush, or other cleared materials, excavated material, trash or rubbish.
7. Subdivider to pay for improvements. The subdivider may award the contract and make payments directly to the contractor for all improvements in the addition after the plans and specifications have been approved by the city. No reimbursements will be made by the city for the cost of improvements.
8. As-built plans required. The engineer representing the subdivider must present to the city reproducible, complete as-built plans for all paving, drainage structures, water lines and sewer facilities within 30 days after completion of each contract before the final plat is approved.

1. The city will construct all trunk and outfall sewer lines and pay the entire cost thereof, except where such trunk or outfall line traverses a street; in which case the developer shall pay toward the cost of such trunk or outfall line, his cost of constructing a sewer main of adequate size to serve the abutting property where it required to serve only such abutting or adjoining property as determined by the city.
2. The city shall, as part of its overall planning, have the right to require an owner or developer to lay larger water or sewer mains than actually required to serve the abutting property, by payment to such owner or developer the actual difference in cost of the pipe as required by the city and the smaller size required to serve only the abutting property.
3. Where a water or sewer main is required to be constructed along a street upon which property other than the owner's or developer's property abuts or adjoins on the opposite side of such street, then the developer shall be required to bear only one-half the cost of such main, the balance of the cost of be borne by the city, which will be assessed against the abutting or adjoining property, when, if, and before such property will be considered for incorporation into the city.
4. A developer or owner will not be required to install a sewer or water main of larger size than actually required to adequately serve his addition in accordance with the above stated requirements, but not less than 6" minimum.
5. Where the economical spacing of fire hydrants dictates that one be placed along his outer boundaries, then and in that event, he shall pay only the pro rata cost of such hydrant, including the fittings therefore, in the ratio that the area of his subdivision served by such hydrant which is not a part of his subdivision.
6. The owner or developer shall furnish free of cost to the city the necessary right-of-way across his addition or subdivision secured by an easement along and upon which it becomes necessary to construct its trunk or outfall lines, other than along a designated street.

Only contractors approved by the city will be permitted to perform any of the work required under this chapter. Each contractor shall, before being approved by the city to construct any part of the work, submit satisfactory proof of carriage of insurance in the following amounts:

1. Public liability, $500,000.00 per incident and $1,000,000.00 aggregate;
2. Property damage, not less than $100,000.00;
3. Workers Compensation insurance.
4. The City of Rusk shall be shown as an additional insured with evidence provided to the city.

1. The developer shall submit to the Building Official a written request for final inspection.
2. The City shall notify the developer of its findings in writing along with a notice of approval or disapproval.

A one-year maintenance bond with corporate surety is required from the addition developer in the amount of 10% of the contract price.

1. The owner or developer will be required to execute a satisfactory instrument conveying to the city, upon completion and installation, all water and sewer mains, valves, fire hydrants, fittings, manholes, curbs and gutters, paving, drainage and other improvements completed by him.
2. A statement, shown in the City of Rusk's adopted Design Manual, acknowledging the existence of flood plains on the property, and dedicating a floodway easement is required.