The requirements in this Ordinance are adopted to achieve the following purposes:

A.

To provide developers and land subdividers with a guide to the development and subdivision of land within the jurisdiction of the City of San Angelo.

B.

To protect and provide for the public health, safety and general welfare of the City of San Angelo.

C.

To provide for the orderly, safe and efficient development of the City and surrounding area.

D.

To provide streets that insure safe, convenient and functional systems for vehicular and pedestrian circulation.

E.

To assist in guiding the future growth and development of the City in accordance with City plans and requirements.

F.

To provide for a systematic and accurate record of land development.

G.

To provide for the efficient use and extension of municipal utilities.

H.

To minimize damage due to flooding, stormwater runoff and other environmental constraints.

I.

To insure that every new subdivision is designed and constructed so that it becomes a permanent asset to the City.

J.

To provide for low city maintenance costs and a quality of development that will retain stable tax values.

K.

To insure that property boundaries created through the land subdivision and development process are accurately determined, marked on the land, and established on a recorded plat which is available for public inspection.

L.

To insure that easements and rights-of-way are provided for drainage, access, and all utilities.

M.

To prevent scattered or premature subdivision of land that would involve danger or injury to health, safety, or prosperity by reason of lack of water supply, drainage, transportation, or other public services; or necessitate an excessive expenditure of public funds for the supply of such services.

N.

To insure proper land development in the extraterritorial jurisdiction so the City can expand in an orderly and efficient manner.

O.

To insure the proper and efficient layout of lots and blocks to insure orderly and harmonious development.

P.

To provide for the extension of streets and highways, where necessary to insure the orderly growth of the City.

(1959 Code, title 9, ch. 4, ex. A)

Abut - To physically touch or border upon or to share a common property line.

Alley - A public or private right-of-way providing a secondary means of public access to abutting property and not intended for general traffic circulation.

Apartment - Two or more buildings constructed on a single parcel of property where most buildings contain at least two (2) living units; or one or more buildings constructed on a single parcel of property where each building contains at least five (5) living units.

Block - A tract of land bounded by street or by a combination of street and public land, railroad or utility rights-of-way, waterways, or any other barrier to the continuity of development.

Block face - One side of a street between major intersecting features, such as a street, railroad, stream, or similar feature creating a gap greater than forty feet, but not an alley right-of-way.

Building - Any structure built for the support, shelter, or enclosure of persons, animal, chattels or movable property of any kind and includes any structure.

Building Inspector - The Chief Building Official of the City of San Angelo, Texas.

Building Permit - Written permission issued by the City of San Angelo for the construction, repair, alteration or addition to a structure.

Certificate of Occupancy - A document issued by the City of San Angelo allowing the occupancy of a building and certifying that the structure or use has been constructed or will be used in compliance with all City codes and ordinance[s].

City - City of San Angelo, Texas.

City Attorney - The licensed professional representing the City of San Angelo in legal matters.

City Council - The governing body of the City of San Angelo, also referred to as the Council.

Clear path - an unobstructed way free from obstacles or overhanging projections to a height of 7½ feet above the ground, sidewalk, or surface.

Common area - a portion of a real estate development that is held for the common use or benefit of multiple owners or tenants: such as parking lots, malls, common recreational areas, landscaping lots, group detention facilities, etc.

Construction Standards - The requirements, as approved by the City Council, [that] control the construction of all City facilities within the jurisdiction of the municipal government.

Developer - The entity authorized and empowered by law (such as being the holder of the title of the land proposed to be subdivided) to subdivide such real property under such subdivision ordinance.

Director of Planning - The Director of Planning and Urban Development for the City of San Angelo.

Director of Public Works - The licensed professional representing the City of San Angelo in technical matters regarding the platting, design, construction and maintenance of streets, alleys and drainageways.

Drainage feature - A natural or man-made feature that collects, conveys, or stores surface water or storm water runoff: such as a channel, stream, detention area, wetland, or lake.

Drainageway - Any corridor especially reserved for conveying storm runoff.

Dwelling - A house, mobile home, apartment, or building used primarily for human habitation. The word "dwelling" shall not include hotels, motels, tourist courts, or other accommodations for transients, nor shall it include dormitories, fraternities, sororities, rooming houses, businesses, or industrial facilities.

A.

Single-Family - A building containing not more than one living unit on one or more lots. Mobile homes not in approved mobile home parks are considered single-family dwellings.

B.

Single-Family Attached - Single-family dwelling units constructed in such a manner that the units share a common wall and lot line with another unit. Duplexes, triplexes, and quadraplexes shall be considered single-family attached housing units.

C.

Duplex - A single building containing two living units, constructed on one or more lots.

D.

Triplex - A single building containing three living units, constructed on one or more lots.

E.

Quadraplex - Four attached dwellings in one structure in which each unit has two open space exposures and shares one or two walls with adjoining unit or units.

F.

Townhouse - One unit of a series of three (3) or more attached, one-family dwelling units, with each unit having private entrances and being located on a separate lot.

Easement - Authorization by a property owner for the use of another, and for a specific purpose, of any designated part of his property.

Existing street - a street existing at the time that an ordinance requirement is triggered, including, but not limited to, all streets existing on the ground on January 1, 2022.

Extraterritorial Jurisdiction, or ETJ, - Is the unincorporated area contiguous to the corporate boundaries of the city and located within that distance applicable under Chapter 42, Section 42.021 of the Texas Local Government Code.

Fixture - Any fixture, appliance, plumbing arrangement, or other device for receiving and discharging wastewater and other permissible forms of liquid sewage into the City wastewater system, such as but not limited to commodes, lavatories, sinks, bathtubs, showers, dishwashers, washing machines, floor drains, commercial and industrial waste drains, etc.

Front Footage Charge - A fixed charge per front foot of property of a lot owned by a single customer or developer to which water service is made available. This charge recovers a proportionate share of the water system cost to serve customers.

Hotel - A building designed to provide accommodations for transients or persons for a short time residence, with or without meals. A hotel shall have ten (10) or more sleeping rooms, including the customary accessory facilities. Sleeping rooms shall have no provisions for cooking.

Improvement Plans - The engineering plans, prepared by a registered professional engineer, containing all profiles, specifications, construction details and types of materials for all improvements, excluding dwelling units, to be installed for the development of a subdivision.

Improvements (Also Site Improvements) - The totality of grading, crosswalks, culverts, bridges, sanitary and storm sewers, water mains, street surfaces, and/or pavements, street and road signs, streetlights, curbs and gutters, sewage treatment facilities, pedestrian ways, gas mains, monuments, electric utilities and all other improvements required to render land suitable for the use proposed.

Inspection Charge - A fee charged to a customer or developer to recover the cost of inspecting the installation of water and/or wastewater lines.

Internal street - Is a private way within a Park which affords the principal means of access to individual manufactured home spaces, mobile home spaces or recreational vehicle spaces, or to auxiliary buildings or common facilities in the Park development. An internal street shall be paved with an approved surface per Chapter 8 of the Zoning Ordinance or per Chapter 10 of the Subdivision Ordinance.

Laterals - Underground pipelines tapped onto City wastewater gravity mains and extending from such mains to, and connected with, private property facilities, such underground pipeline laterals owned by various customers [or] entities within the City, and into which the wastewater and other liquid sewage of such entities is deposited for transportation into such wastewater mains and the City wastewater system.

Letter of Occupancy - An authorization of and from the City of San Angelo to new subdivision developers thereby approving the completion of required installations of water facilities to serve such new subdivisions as a prerequisite for human occupancy and use of any improvements constructed in any such new subdivision.

Lift Station - A building with a pump, electric motor, and other machinery and plumbing installations located upon City streets, alleys, easements, and other lawful rights-of-way, constituting a part of the City wastewater system, and designed and operated to receive sanitary sewage from one or more gravity wastewater mains or force wastewater mains of the City, and to transport such sewage under pump pressure through other additional wastewater mains (pressure mains) of the City wastewater system.

Lot - A tract, plot, or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transferring of ownership or for building development.

Lot, Corner - A lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees.

Manhole - An underground structure usually concrete, fiberglass, or masonry construction, forming a "tank type" area or unit connected to gravity wastewater mains and constituting part of the gravity flow transportation portion of the wastewater system, and having a land surface removable cover to allow entrance and accessibility to the interior [of] such manhole.

Manufactured Housing Park - Is a unified development on a contiguous parcel of land a minimum of ten acres in size that is designed or improved for the purpose of renting or leasing two or more manufactured home spaces or manufactured home are for temporary or permanent housing. Manufactured housing parks may include a limited number of recreational vehicle spaces as permitted under Chapter 12, Exhibit "A" of the Code of Ordinances of the City of San Angelo.

Manufactured Housing Space - Is a portion of ground within a Manufactured Housing Park fronting on an internal or private street and designed or intended for the accommodation of one manufactured home, together with such open space for the exclusive use of its occupants as is required by this article and that is not located on a Manufactured Home sales lot. The minimum lot size for any Manufactured Housing space shall be:

a.

Two thousand four hundred square feet, with a minimum lot dimension of 34 feet if designed to accommodate a single or double wide Manufactured Home not exceeding 960 square feet within its walls.

b.

Three thousand six hundred square feet, with a minimum lot dimension of 40 feet if designed to accommodate a single, double or triple wide Manufactured Home exceeding 960 square feet within its walls.

Master Street Plan - The map adopted by the City of San Angelo showing major and minor arterials and collectors and any amendments or additions thereto resulting from the approval and recording of subsequent subdivision plats.

Mobile Home - A structure that was constructed before June 15, 1976, transportable in one or more sections, which in the traveling mode is eight body feet (8') or more in width or forty body feet (40') or more in length, or, when erected on site is three hundred twenty square feet (320 S.F.) or more, and is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems[.]

Mobile Home Park - Is a unified development on a contiguous parcel of land a minimum of ten acres in size that is designed or improved for the purpose of renting or leasing two or more mobile home spaces with or without Mobile Homes where the spaces for a Mobile Home and Mobile Homes are for temporary or permanent housing. Mobile Home Parks may include a limited number of Recreational Vehicle Spaces if permitted under Chapter 12, Exhibit "A" of the Code of Ordinances of the City of San Angelo. The maximum density shall not exceed ten spaces per gross acre within the Park, excluding easements and utility rights-of-way.

Mobile Home Space - Is a portion of ground within a Mobile Home Park designed or intended for the accommodation of one Mobile Home, together with such open space for the exclusive use of its occupants as is required by this article and that is not located on a mobile home sales lot. The minimum lot size for any Mobile Home space shall be:

a.

Two thousand four hundred square feet, with a minimum lot dimension of 34 feet if designed to accommodate a single or double wide Mobile Home not exceeding 960 square feet within its walls.

b.

Three thousand six hundred square feet, with a minimum lot dimension of 40 feet if designed to accommodate a single, double or triple wide Mobile Home exceeding 960 square feet within its walls.

Motel - The term "motel" shall include the term "hotel," "tourist court," or "transient accommodations," primarily for those persons traveling by automotive vehicle and consisting of two (2) or more units or buildings designed to provide sleeping accommodations and with customary accessory uses.

Obstacles - Fixed or portable obstructions to the safe passage of pedestrians including, but not limited to signs, street lights, mailboxes, landscaping, utility poles, trash cans, parked vehicles, merchandise, furniture, junk, and debris.

Off-Site - Any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval.

Off-Site Main - Sewer or water mains installed within streets, alleys, easements, or other lawful rights-of-way located outside the boundaries of the subdivision and installed and/or used for connecting on-site mains within such new subdivisions for the transportation and delivery of potable water, sewer and fire protection service to the new subdivision.

On-Site: Sewer - Sewer mains installed within streets, alleys, easements or other dedicated City rights-of-way within new subdivisions, for wastewater and other liquid sewage disposed by entities within such subdivision.

On-Site: Water - The water mains installed within and upon streets, alleys[,] easements or other dedicated public rights-of-way within new subdivisions for the transportation and delivery of potable water and fire protection service within a new subdivision.

Open Space - Private property under common ownership designated for recreation area, private park (for use of owners within the subdivision), play lot area, plaza area, ornamental areas open to general view within the subdivision and parking area. Open space does not include streets, alleys, paved access streets or drives.

Oversized Main - Any water main, whether on-site or off-site, required by the waterworks system to be installed by a new subdivision developer, in excess of the size sufficient to transport and deliver potable water and fire protection service to a new subdivision. The standard size water main used to determine the oversizing cost shall be the greater of the line required to serve the immediate project or eight (8) inches.

Oversized Main and/or Lift Station - Any wastewater main, either on-site or off-site, gravity or pressure, and/or any lift station, either on-site or off-site, required by the City to be installed by new subdivision developers, in excess of the size sufficient to receive, gather, transport, and dispose of the wastewater and other liquid sewage contemplated to be discharged by such new subdivision.

Owner - A person, group of persons, firm(s), corporation(s), or any other legal entity having legal title to, or contract to purchase, the land sought to be subdivided under these requirements or procedures. The owner, however, may designate on the application form a person to represent the owner in the subdivision process, except that the owner must sign the application form and final plat.

Park - Is a Mobile Home Park, Manufactured Housing Park or Recreational Vehicle Park as defined under this article [chapter].

Parkway - The area located within the public right-of-way between the curb line of a street, or edge of roadway, and the property line at the edge of right-of-way.

Performance Guarantee - A performance bond, trust agreement, letter of credit, cash or cashier's check that may be accepted by the City as a guarantee that public improvements required as a part of subdivision approval are satisfactorily completed.

Person - Any individual, firm, trust, partnership, association, or corporation.

Planning Commission - The City Planning Commission of the City of San Angelo, also known as the Commission.

Plat - Is a map, plan or layout of a city, section, survey, subdivision, Park development, or any part thereof, indicating the locations and boundaries of individual properties, tracts, lots or spaces, 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 said parts.

A.

Preliminary Plat. A preliminary map indicating the proposed layout of a subdivision, which is submitted to the City for consideration and preliminary approval. A preliminary plat is not the plat referred to in Section 212.009 of the Local Government Code for the State of Texas, requiring action within thirty (30) days of application.

B.

Final Plat. The final map or plat of all or a portion of a subdivision which is presented to the City for final review and, if approved, may be recorded with the County Clerk.

C.

Replat. A replat represents the resubdivision of a parcel or parcels of property that have already been subdivided and for which a subdivision plat is duly recorded with the County Clerk. The City's approval (and the subsequent recording) of a replat shall be required under any circumstances which similarly require approval of a plat, with the following exception:

1.

A replat shall not be required to convey a portion of a platted lot to an abutting property owner, provided that no increase in the number of lots occurs, no reorientation of lots in the subdivision occurs, all resulting lots meet minimum requirements of the zoning ordinance, and any new boundary of a tract resulting from said resubdivision can be described by an offset of a platted lot boundary.

Project costs means the following:

a.

If a sidewalk is triggered by the subdivision process, project costs include the other infrastructure improvements required in the platting process, such as road construction, water lines, sewer lines, drainage facilities, etc.

b.

If a sidewalk is triggered by the site plan process or any process other than through subdivision, project costs include all development costs associated with the site plan, including site development, buildings, parking lots, etc.

Property - Any platted lot or other parcel of land.

Public Improvement - Any improvement, facility or service, with its associated public site or right-of-way, necessary to provide transportation, access, drainage, public or private utilities, or similar essential services.

Recreational Vehicle Park - Is a unified development on a contiguous parcel of land a minimum of ten acres in size that is designed or improved for the purpose of renting or leasing two or more Recreational Vehicle spaces with or without Recreational Vehicles for temporary, except as specifically permitted under Chapter 12, Exhibit "C," Section 407 of this code.

Recreational Vehicle Space - Is a portion of ground within a Mobile Home Park, Manufactured Housing Park or Recreational Vehicle Park designed or intended for the accommodation of one Recreational Vehicle, together with such open space for the exclusive use of its occupants as is required by this article and that is not located on a Recreational Vehicle sales lot. A Recreational Vehicle space shall have a minimum of 1500 square feet, but maximum density shall not exceed ten spaces per gross acre within the Park, excluding easements and utility rights-of-way.

Registered Professional Surveyor - A land surveyor properly licensed and registered in the State of Texas.

Right-of-Way - a strip of land occupied or intended to be occupied by a street, sidewalk, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, sidewalks, crosswalks, water mains, sanitary sewers, storm drains, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established.

Road or Street construction - Shall mean any new construction, widening of streets or roadways, or adding curb and gutter.

Roadway - That portion of a street or highway between the regularly established curb lines or that part, exclusive of shoulders, improved and intended to be used for vehicular traffic.

Sewage - The spent water of a community; wastewater may be interchangeably used.

Sewerage - System of piping, with appurtenances, for collecting and conveying wastewater from source to ultimately a disposal plant of the system.

Sidewalk - An improved facility intended to provide for pedestrian movement; often located in the public right-of-way adjacent to a roadway.

Site Improvements - See Improvements.

Sketch Plat - A rough sketch map of a proposed subdivision of sufficient accuracy to be used for the purpose of discussion and classification.

Standard Size Main Lift Station Facilities - All water and/or wastewater mains, lift stations, and other facilities, if any, required by the City to be installed by new subdivision developers and having sufficient size to receive, gather, transport, and dispose of the wastewater and other liquid sewage contemplated to be discharged by such new subdivision and to furnish treated water and fire protection to such new subdivision.

Streets:

a.

Street - The entire width between property lines of every way open to the use of the public for purposes of travel with the exception of alleys.

b.

Local street (also minor street or residential street) - A minor street that is not designated as a collector, arterial, freeway, or parkway on the City's Thoroughfare Plan.

c.

Local rural street - A local street within a rural subdivision

d.

Marginal access street - Any minor street which is parallel to and adjacent to arterial streets or highways, and which provides access to abutting properties and protection from through traffic.

e.

Collector street - All streets designated as collectors or planned collectors by the Thoroughfare Plan, including both major collectors and minor collectors.

f.

Arterial street - Any street designated as arterial or planned arterial by the Thoroughfare Plan, including freeway frontage roads and including both major arterials and minor arterials.

g.

Primary, or Major, Arterial street - A street which serves primarily to move traffic between major areas of the city and through the city, and where direct access is limited.

h.

Secondary, or Minor, Arterial street - Any street which provides for the through traffic movement between areas and across the city, and for direct access to abutting property; subject to necessary control of entrances, exits and curb cuts.

i.

Freeway - A highway where access from abutting land is not permitted adjacent to the main travel lanes of the roadway except along a separate frontage road.

j.

Frontage road - A roadway within the right-of-way of a freeway corridor that provides access to abutting land and shall be considered a type of arterial street.

Subdivision - The division of land into two or more parts for any one or more of the following purposes: laying out a subdivision of the tract; laying out an addition to the city; laying out suburban lots, building lots, or other lots; or laying 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 said parts. The term subdivision shall include resubdivision, combining of parcels of land, or the laying out of two or more spaces for lease or rent for Mobile Home Park, Manufactured Housing Park or Recreational Vehicle Park.

Subdivision - Rural - Any subdivision (or portion thereof) wherein each lot is intended for occupancy by one single-family residence, and wherein each such lot is a minimum of one (1) acre in size.

Subdivision - Urban - Any subdivision (or portion thereof) wherein some or all lots intended for occupancy by one single-family residence are less than one (1) acre in size, or any subdivision (or portion thereof) wherein property is planned for nonresidential, two-family residential or multifamily residential use.

Tap Fee - The fee charged any entity within the city for connecting the wastewater and liquid sewage discharging appliances and facilities of such entity to the City wastewater system by means of laterals.

Tie-On Fee - The fee to be charged by the City to any third party entity (being any entity other than the City or a developer of a new subdivision who has installed an oversized main or lift station in connection with the development of a new subdivision) for tying onto a preinstalled oversized main or oversized lift station.

Townhouse Subdivision - Those developments in which it is proposed to partition land into individual lots and construct single-family dwellings which may be individually owned and where lot sizes and specifications are to be different from those otherwise required by these subdivision regulations.

Unreasonably Disproportionate - Exceeding twenty percent of the project costs or exceeding three times the cost of a standard sidewalk with no topographic constraints or other unique issues that would raise the cost of a sidewalk. For transportation projects, right-of-way acquisition costs shall not be included in the calculation.

User Fee - The fee to be charged by the City for tying onto the water system for a supply of treated water from the water system, or for tying onto the wastewater system for discharge of wastewater and other liquid sewage into the wastewater system.

Waste - Wastewater and other permissive forms of liquid sewage deposited into the City wastewater system by various entities within the City.

Wastewater Main - An underground pipeline owned and operated by the City installed in streets, alleys, easements, or other City rights-of-way, constituting a part of the system owned and operated by the City in receiving, transporting, gathering, treating, and disposing of sewage disposal of various entities within the City (and not including laterals tapped onto such mains extending to and upon the privately owned property of the entity discharging sewage into such system); any such main transporting sewage under pump pressure from a lift station constituting a "pressure main."

Wastewater System - The facilities constructed, owned, maintained, and otherwise operated by the City in receiving, gathering, transporting, and disposing of wastewater and other forms of liquid sewage disposed of by various entities within the City; and including, but not limited to, sanitary sewer disposal plants, wastewater mains, lift stations, and laterals.

Wastewater Utility Standards - The construction standards and specifications as determined, transcribed, and recorded in the Water Utilities Department, from time to time, for the construction and installation of wastewater mains, lift stations, tap-on laterals, and other facilities of the wastewater system of the City.

Water Distribution System - The system of water mains used to deliver potable water and fire protection services to customers. It includes large size lines that may normally be called transmission lines.

Water Meter Installation Charge - The fee charged any entity for the installation of a water meter to supply the proposed facility.

Water System - The entire water utility system that services the needs of the customer, which includes treatment facilities, transmission, distribution, and fire protection lines, taps, meters, and all other related appurtenances incidental thereto.

Water System Standards - The construction standards and specifications as determined, transcribed, and recorded in the Water Utilities Department, from time to time, for the construction and installation of water transmission and distribution mains and related facilities of the water system of the water utility system of the City.

Water Utilities Department - The department of the City administration portion of the City government headed by the Director of Public Works and having the administrative responsibility for and being in charge of the installation, subsequent repair and maintenance and overall operation of the City wastewater system and fresh water supply system.

Water Utility System - A common terminology used to identify the public water and wastewater utility which is owned by the City of San Angelo.

(1959 Code, title 9, ch. 4, ex. A; Ordinance adopted 10-17-95; Ordinance adopted 2-7-06, § 1; Ordinance adopted 4-15-14, § 1; Ord. No. 2019-109, § 1, 8-20-19; Ord. No. 2022-020, § 1, 3-15-22; Ord. No. 2022-021, § 1, 3-15-22)

This document shall be known as the LAND DEVELOPMENT AND SUBDIVISION ORDINANCE OF THE CITY OF SAN ANGELO.

(1959 Code, title 9, ch. 4, ex. A)

This Ordinance is intended for the use of property owners and developers as a guide to City requirements for the development and subdivision of real property. These requirements must be complied with, unless exceptions or variances are explicitly granted by the Planning Commission or City Council. Any ordinance provisions requiring interpretation or not addressed in these regulations will be interpreted or applied as determined by the Planning Director. Any unfavorable decision may be appealed to the City Council. These requirements may be amended from time to time based on changing conditions in the City.

(1959 Code, title 9, ch. 4, ex. A; Ordinance 2018-055, § 1, adopted 4-17-18)

This Ordinance shall govern the subdivision and development of land within the City and within the area of extraterritorial jurisdiction of the city, as established by applicable State law.

(1959 Code, title 9, ch. 4, ex. A)

If a variance from any provision of this ordinance is necessary for the approval of a subdivision, an applicant must first apply for and obtain approval of a variance from the Planning Commission prior to submission of an application for subdivision approval. For a plat that is being considered by the Planning Commission, the variance request and plat may be considered concurrently. An accompanying narrative, explaining the reasons for such request(s) is highly desirable.

A.

Criteria for Approval. Where the Planning Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations, or that the public interest may be served to a greater extent by an alternative proposal, the Planning Commission may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured, provided that such variances shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the Planning Commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:

1.

The granting of the variance will not be detrimental to the public safety, health or welfare, or be injurious to other property.

2.

The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property.

3.

Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out.

4.

The variance will not, in any significant way, vary the provisions of applicable ordinances.

B.

Conditions. In approving variances, the Planning Commission may impose conditions as will, in its judgment, secure substantially the objectives of this Ordinance.

C.

Appeal to City Council. Action taken by the Planning Commission on a requested variance from the terms of this Ordinance shall be considered the final decision on said request, unless that decision is appealed to City Council by the developer or City, in which case the City Council is authorized to reverse, modify or affirm any such decision of the Planning Commission. A majority vote of City Council members present shall be necessary to reverse or modify such decision of the Planning Commission.

1.

An appeal of action taken by the Planning Commission on an application for subdivision or requested variance must be made in writing, signed by the developer, or by the Director of Planning or Director of Public Works if the appeal is by the City, and received in the office of the Director of Planning within thirty (30) days following the Planning Commission's action.

2.

The City Council shall consider an appeal within thirty (30) days following the timely receipt by the office of the Director of Planning of a written appeal.

(Ordinance adopted 2-7-06, § 2; Ordinance 2017-09-130 adopted 9-5-17; Ordinance 2017-11-160, § 1, adopted 11-21-17; Ordinance 2018-055, § 2, adopted 4-17-18; Ord. No. 2023-118, § 1, 12-19-23)

A.

Applicability. Any person undertaking the act of subdivision, be it within the City limits of San Angelo or its extraterritorial jurisdiction, shall comply with the provisions of the LAND DEVELOPMENT AND SUBDIVISION ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS. For purposes of this ordinance, subdivision shall include resubdivision or combination of parcels. The owner of a parcel of land (within the limits of jurisdiction of this ordinance) who divides the parcel or combines parcels shall have a plat prepared for approval by the City of San Angelo and subsequent recording with Official Public Records of Real Property, Tom Green County. Failure to comply with the provisions of this ordinance, except when subdivision is permitted by the following exceptions below, shall be unlawful:

1.

The parcel of land can be described as a portion of one or more original surveys and which has been conveyed by metes-and-bounds, but said parcel is documented to be the exact same size and configuration as one which existed at that location on or before July 5, 1950.

2.

The parcel of land can be described as a portion of a lot on the most recently applicable plat(s) duly recorded with Tom Green County provided that:

a.

No increase in the number of lots occurs;

b.

No reorientation of lots occurs;

c.

All resulting parcels meet minimum requirements of the zoning ordinance; and

d.

The boundary of any lot portion can be described by an offset of a platted lot boundary. Each offset must be a single parallel offset of a lot boundary as shown on the applicable plat.

3.

The parcel of land was created as a result of judicial decree or will.

4.

The parcel of land is comprised of one or more parcels which are smaller than lot(s) on the most recently applicable plat(s) duly recorded with Tom Green County, but said division of lot(s) resulted solely from the acquisition of right-of-way by a political subdivision for public purposes.

5.

The tract of land is greater than five acres, where each such tract has access to a public street and where no public improvement (including streets and utilities) is to be dedicated.

6.

The parcel of land can be described by no more than three platted lots that are adjacent and under common ownership and used for single-family or two-family residential purposes.

7.

Two or more lots under common ownership may be combined without a replat provided that all of the following conditions are met:

a.

A replat of the property would not require the dedication or removal of any public rights-of-way or easements.

b.

The combined property is less than or equal to one acre in size or if the combined property is greater than one acre in size, a replat of the property would not require construction of any public improvements. Alternatively, a Performance Agreement on a form approved by the City, may be submitted guaranteeing all required improvements upon future development of the property.

c.

The owner(s) agree, on a form approved by the City and filed with Official Public Records of Real Property, Tom Green County, that the merged lot may not be divided in the future unless a valid subdivision plat authorizing such division is approved and filed per the requirements of this ordinance.

d.

Two or more platted lots joined together pursuant to this subsection shall be considered one joined lot for purposes of this chapter.

(Ord. No. 2019-109, § 1, 8-20-19)

Editor's note— Ord. No. 2019-109, § 1, adopted August 20, 2019, repealed Section V and added a new provision to read as set out herein. Former Section V pertained to the Enactment and Effective Date of the Land Development and Subdivision Ordinance derived from the 1959 Code, title 9, Chapter 4, ex. A.

A.

Enforcement by Building Official. A building permit shall not be issued until after a valid plat has been recorded. The Building Official shall only be authorized to issue permits for construction or improvement of any structure located within one or more entire lots which are under single ownership or control, and which are represented on a plat duly recorded with Official Public Records of Real Property, Tom Green County, except as specified in Chapter 1, Section V of this ordinance or except in the following instances:

1.

Installation of any sign, support, fence or other structure which is not intended or designed to shelter or enclose persons or movable property of any kind.

2.

Alterations, repairs or remodeling made to any existing structure.

3.

Construction of additional building floor area (detached from or attached to any building already existing on the same parcel) which does not exceed more than:

a.

50% of floor area or 1,000 square feet, whichever is greater, within existing buildings on the same parcel for single-family residential, or

b.

25% of floor area within existing buildings on the same parcel for all other development types, as long as such additions shall not occur more than once in any 12-month period, nor exceed 5,000 square feet annually.

B.

Enforcement by Denial of Public Services. The City of San Angelo shall withhold new or expanded service of any type, including but not limited to utility connection and street maintenance, from parcels which are characterized by any one of the following descriptions:

1.

Within a subdivision for which no plat is duly recorded with Official Public Records of Real Property, Tom Green County, and within which the Building Official would not be authorized to issue permits for construction or improvement of any structure in accordance with exceptions itemized in subsection IV.B.2 of this Chapter 1; or

2.

Within a duly recorded subdivision for which improvements have not been completed to standards required by the subdivision ordinance that was in effect at the time the subdivision plat was approved, unless the current ordinance requirements are less stringent and for which an appropriate financial guarantee of performance has not been accepted by the City of San Angelo.

C.

Enforcement by City Attorney. The City Attorney is authorized and directed to take appropriate action in district court to enjoin any violation of this ordinance.

(Ordinance adopted 10-17-95; Ord. No. 2019-109, § 1, 8-20-19)

It is the intent of the City to amend City ordinances and regulations which may be in conflict with the requirements contained in this Ordinance.

Whenever the requirements of this Ordinance are in variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or those imposing the higher standards, shall govern.

(1959 Code, title 9, ch. 4, ex. A)

A.

The words "shall" and "will" are mandatory.

B.

The word "may" is permissive.

C.

The word "should" is a preferred requirement.

D.

Words used in the singular shall include the plural.

E.

Words used in the present tense shall include the future.

(1959 Code, title 9, ch. 4, ex. A)

Should any portion of this Ordinance be declared by any court of competent jurisdiction to be unconstitutional or void, such adjudication shall in no way affect the remaining portion of this Ordinance.

(1959 Code, title 9, ch. 4, ex. A)

A.

Adequate Service for Areas Proposed for Development. Land proposed for development in the City and in the City's extraterritorial jurisdiction must be served adequately by essential public facilities and services, including water facilities, wastewater facilities, transportation facilities, and drainage facilities, as set forth in this Land Development and Subdivision Ordinance and other applicable City Codes and Ordinances. Land shall not be approved for platting or development unless and until adequate public facilities necessary to serve the development exist or provision has been made for the facilities, whether the facilities are to be located within the property being developed or offsite.

B.

Platted Subdivisions. For a pre-existing subdivision plat where required infrastructure was never constructed, and no outstanding obligation exists for such construction, infrastructure must be provided to meet current development standards prior to issuance of a building permit or approval of a site plan.

(Ord. No. 2019-150, § 1, 11-19-2019)

A subdivision or resubdivision may be approved administratively, if the plat of said subdivision (resubdivision) may be classified as an amended plat in accordance with Section V in Chapter 5 of this ordinance, or if said subdivision (resubdivision) meets all the following criteria:

A.

includes no more than four (4) new lots or tracts of land:

B.

no dedication of land (for streets or alleys, for example) is required to serve the lots or tracts resulting from subdivision, or which may be required by an adopted public plan for streets, drainage or utilities, if such a plan exists for the subject area of proposed subdivision:

C.

all new lots or tracts front onto an existing public street right-of-way which is improved to City specifications in effect at the time of application:

D.

no extensions of water or sewer mains are required to furnish utility services to those lots or tracts resulting from subdivision;

E.

the Director of Public Works recommends approval of the subdivision, based on the absence of need for detailed drainage plans and other such relevant considerations:

F.

existing easements for utilities are not removed or realigned, without either one or both of the following prerequisite qualifications:

1.

expressed written permission from an appropriate official of each utility service potentially affected, by removal or realignment of said easement(s), or

2.

if necessary, official release and abandonment of said easement(s) by the governing body for the City of San Angelo; and

G.

in the case of resubdivisions requiring formal notification of nearby property owners, no written opposition is received from the property owners so notified, before the required public hearing is closed. This public hearing shall take place no less than fifteen (15) days following deposit of notices in a postal depository, as required by Section III D in Chapter 5 of this ordinance.

(Ordinance adopted 10-17-95)

(a)

A subdivision or resubdivision may be classified as minor, if it meets all the following criteria:

A.

No new street rights-of-way shall be proposed or required to serve the lots or tracts resulting from subdivision, or which may be required by an adopted public plan for streets; however, marginal dedications of land onto existing street rights-of-way may be permitted in subdivisions (or resubdivisions) otherwise classified as minor.

B.

The subdivision includes the total contiguous tract of land owned or under control of the subdivider.

C.

The Director of Public Works or his designated representative has indicated that no detailed drainage or utility plans will be required in conjunction with proposed subdivision development.

(b)

A subdivision or resubdivision may be classified as minor if the plat of said subdivision or resubdivision includes the laying out of two or more spaces for lease or rent for Mobile Home Park, Manufactured Housing Park or Recreational Vehicle Park, and otherwise meets the requirements of a Minor Subdivision set forth at subpart (a) of this Section II of Chapter 4, of Chapter 12, Exhibit "C" of this Code.

(Ordinance adopted 10-17-95; Ordinance adopted 4-15-14, § 2)

A subdivision not meeting the criteria of an administrative or a minor subdivision shall be classified as a major subdivision. Private access easements or private streets shall not be permitted in a major subdivision (or resubdivision) where they are intended to provide access to the lots, tracts or building sites within the subdivision or resubdivision. Private access easements may be used to furnish access to common areas or open space where so indicated on the plat or replat.

(Ordinance adopted 10-17-95)

A.

Plat Vacation. A plat vacation returns land which has been subdivided to the configuration which immediately preceded the plat which is being vacated. Vacation returns the property to unplatted acreage, or to a previously recorded plat. This action is most effective when an entire plat is being vacated, and there are one or a few owners involved in the plat which is being vacated, or the intent is to return the tract to original acreage.

B.

Amended Plat. A subdivision plat shall be classified as an amended plat, if the sole purpose of the plat is to accomplish one or more of the changes set forth in Section 212.016 of the Local Government Code for the State of Texas. See also Section V in Chapter 5 of this ordinance.

(Ordinance adopted 10-17-95)

An application must be submitted to the Planning Department for each subdivision to be reviewed. The filing date of the application shall be when Items A, B and C below are received and accepted by the Planning Department. A completed application shall consist of:

A.

a completed application form signed by the owner of the property;

B.

the required number of copies of the plats prepared in accordance with this ordinance, along with any accompanying material that may be required by this ordinance; and

C.

the appropriate application fee.

(Ordinance adopted 10-17-95; Ord. No. 2023-118, § 1, 12-19-23)

A.

Application fees for subdivisions shall be computed based on the current fee schedule, as adopted by the City Council.

B.

All fees shall be paid before the deadline date for submission of subdivision applications.

(Ordinance adopted 10-17-95; Ord. No. 2023-118, § 1, 12-19-23)

A.

Major Subdivisions.

1.

Sketch Plan. This stage of the review process is not mandatory. It is often desirable for an applicant to schedule a meeting with the Planning Department to discuss a proposal before a substantial amount of design and engineering time is invested in the development. The classification of the subdivision can be determined at this time.

2.

Preliminary Plat. The preliminary plat shall be submitted to the Planning Director for approval before consideration of a final plat intended for future recording with the Tom Green County Clerk. A preliminary plat of less than ten acres and fewer than 6 lots may be approved by the Planning Director. A preliminary plat of ten acres or more or with 6 lots or more must be approved by the Planning Commission. However, a preliminary plat shall not be required when the entirety of a parent tract is included in a final plat. Preliminary plats will not be reviewed by the City Planning Commission or Planning Director, until such plats are officially accepted by the Planning Department. Plats not accompanied by an official application and not containing all requisite information will not be accepted for review. Either the preliminary plat itself or an accompanying map shall illustrate the total contiguous tract(s) of land owned by or under the control of the subdivider, even if only a portion of the tracts are intended for subdivision by a final plat. A boundary survey will not be required, but the boundaries of land intended to be submitted as a final plat shall be dimensioned and accurately drawn to scale, and so shall the boundaries of all contiguous land owned by, or under the control of, the subdivider (if more extensive than the area intended for final subdivision). Boundary data from recorded deeds shall be used, whenever appropriate. The preliminary plat shall be prepared by a qualified professional, trained and experienced in subdivision design.

a.

Deadline for submission. Copies of the preliminary plat must be submitted to the Planning Department in accordance with submittal deadlines posted on the Planning Department's website.

b.

Plat Review Committee. Members of this committee include representatives from both the Department of Planning and the Department of Public Works, as well as other affected municipal departments or public agencies. The purpose of the committee's meeting is to develop a unified recommendation from the City staff, and to resolve technical considerations prior to action on the proposed subdivision. The applicant or their representative is strongly encouraged to attend this meeting. The Committee can make a recommendation to approve, approve with conditions, deny, or make no recommendation. Failure to make a recommendation shall not invalidate subsequent action by the Planning Director or Planning Commission.

c.

Planning Commission or Planning Director action. Following a recommendation from the Plat Review Committee on a preliminary plat, the Planning Commission or Director shall take one of the following actions:

(1)

approve the preliminary plat;

(2)

approve the preliminary plat conditionally upon additional information, corrections, collateral approvals and/or other necessary changes;

(3)

at the request of the applicant, defer action on the preliminary plat; or

(4)

deny approval of the preliminary plat, if the Commission or Director finds the plat does not comply with requirements of this or other applicable municipal ordinances, or if in the Commission's or Director's opinion, the proposal would not be in conformance with the City's Comprehensive Plan and/or with the intent of purpose statements set forth in Chapter 2 of this Ordinance. Action taken by the Commission or Director to deny a preliminary plat shall be communicated to the developer in writing, and the reasons for denial shall be specified. Conditional approval shall also be considered the same as denial, until all required conditions have been met to the satisfaction of the Directors of Planning, Public Works and/or Water Utilities, and the City Engineer, as applicable.

(5)

A decision of the Planning Director may be appealed by the applicant to the Planning Commission, which shall consider the proposal based on the same criteria noted above and the Commission may take the same actions to approve, approve with conditions, defer action, or deny approval of the preliminary plat.

(i)

An appeal of the Planning Director's decision on a preliminary plat must be made in writing and provided to the Planning Director within thirty (30) days following the Planning Director's decision.

(ii)

This appeal must be presented to the Planning Commission within thirty (30) days following the Planning Director's receipt of such appeal.

(6)

The Planning Commission's action shall be considered final, not requiring subsequent consideration by the City Council, unless that decision is appealed to City Council which is hereby authorized to reverse, modify or affirm any decision made by the Planning Commission, on a preliminary plat. Notwithstanding procedural requirements of the City Charter, a majority vote of the City Council members present shall be necessary to reverse or modify such decision made by the Planning Commission.

(i)

An appeal of the Planning Commission's decision on a preliminary plat must be made in writing and provided to the Director of Planning within thirty (30) days following the Planning Commission's decision.

(ii)

This appeal must be presented to the City Council within thirty (30) days following the Planning Director's receipt of such appeal.

(7)

The City's approval of a preliminary plat does not constitute acceptance of the subdivision or land development, but is merely an authorization to proceed with the preparation of one or more corresponding final plat(s) for City approval.

(8)

No improvements shall be made on land within the proposed subdivision shown on an approved preliminary plat, before a final plat of such subdivision is approved, unless written approval from the Directors of Planning, Public Works, Water Utilities, and City Engineer, as applicable, is obtained. For the purpose of this paragraph, subdivision-related improvements shall include, but not be limited to, excavation and dirt work or any site preparation.

(9)

The City's approval of a preliminary plat does not constitute approval of any proposed land uses that may be shown on such preliminary plat.

3.

Final Plat. A subdivider shall be responsible for filing an application for final plat review of a major subdivision, after a preliminary plat thereof has been approved. A final plat may be submitted for all or any portion of the preliminary plat, unless the Planning Director determines that final platting is necessary for additional land covered by the preliminary plat. A final plat will not be considered until an approved preliminary plat incorporating all changes or corrections required by the approval is on file with the Planning Department. A revised preliminary plat may be submitted to the Planning Department at the same time an application is made for a final plat. The final plat shall generally conform to the approved preliminary subdivision plat. A final plat that does not conform with the preliminary may require submission, and approval, of a revised preliminary plat. This requirement will be determined by the Planning Director; however, this determination may be appealed to the City Planning Commission.

a.

Deadline for submission. Copies of the preliminary plat must be submitted to the Planning Department in accordance with submittal deadlines posted on the Planning Department's website.

b.

Plat Review Committee. The same process for Plat Review Committee consideration, as set forth under the previous subsection III.A.2 for preliminary plats, shall be followed for final plat review.

c.

Planning Director action. The Planning Director shall have thirty (30) days from the filing date to act on an application for final plat. The Planning Director shall take one of the following actions with regard to a proposed final plat:

(1)

approve the final plat;

(2)

approve the final plat conditionally upon additional information, corrections, collateral approvals and/or other necessary changes; or

(3)

deny approval of the preliminary plat, if the Planning Director finds the final plat does not comply with requirements of this or other applicable municipal ordinances, or if in the Director's opinion, the proposal would not be in conformance with the City's Comprehensive Plan and/or with the intent of purpose statements set forth in Chapter 2 of this Ordinance. Action taken by the Director to deny a final plat shall be communicated to the developer in writing, and the reasons for denial shall be specified. Conditional approval shall also be considered denial, until the required conditions have been met to the satisfaction of the Directors of Planning, Public Works and/or Water Utilities and the City Engineer, as applicable.

(4)

The decision of the Planning Director may be appealed by the applicant to the Planning Commission, which shall consider the proposal based on the same criteria noted above and the Commission may take the same actions to approve, approve with conditions, or deny approval of the final plat.

(i)

An appeal of the Planning Director's decision on a final plat must be made in writing and provided to the Planning Director within thirty (30) days following the Planning Director's decision.

(ii)

This appeal must be presented to the Planning Commission within thirty (30) days following the Planning Director's receipt of such appeal.

(5)

The Planning Commission's action shall be considered final, not requiring subsequent consideration by the City Council, unless that decision is appealed to City Council which is hereby authorized to reverse, modify or affirm any decision made by the Planning Commission, on a final plat. Notwithstanding procedural requirements of the City Charter, a simple majority vote of the City Council members present shall be necessary to reverse or modify such decision made by the Planning Commission:

(i)

An appeal of the Planning Commission's denial of a final plat must be made in writing, and provided to the Planning Director within thirty (30) days following the Planning Commission's denial.

(ii)

This appeal must be presented to the City Council within thirty (30) days following the Planning Director's receipt of such appeal.

d.

Recording of Plat. After final approval has been granted, the final plat may be filed for record with the Tom Green County Clerk, in accordance with requirements set forth in Section II, Chapter 7 of this Ordinance. See also Chapter 6 for additional information on recording of plats and guarantees of performance.

B.

Minor Subdivisions. The stages of review for a minor subdivision shall be the same as for a major subdivision, except the preliminary plat may be omitted.

C.

Resubdivision or Replatting.

1.

Authority. A replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding plat (without vacation of that plat) if the replat:

a.

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

b.

is approved, after a public hearing at which parties in interest and citizens have an opportunity to be heard, by the municipal authority responsible for approving the replat; and

c.

does not attempt to amend or remove any covenants or restrictions.

2.

Process. Replats are classified as either major, minor, or administrative subdivisions, and will be processed (and if approved, subsequently recorded) in accordance with the requirements outlined herein.

3.

Notification Requirement for Certain Replats. Where any of the area to be resubdivided or replatted was, within the immediate preceding five (5) years, limited by an interim or permanent zoning classification to residential use for not more than two dwelling units per lot, or if any lot in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot, then the following additional procedures shall apply:

a.

If a proposed replat described by Subsection 3. requires a variance or exception, a public hearing must be held by the Planning Commission.

b.

Notice of the public hearing shall be given before the 15th day before the date of the hearing by:

(1)

publication in an official newspaper or a newspaper of general circulation in the Tom Green County; and

(2)

by written notice, with a copy of Section 212.015(c) of the State of Texas Local Government Code, forwarded to the owners of lots that are in the original subdivision and that are within 200 feet of the lots to be replatted, as indicated on the most recently approved municipal tax roll or in the case of a subdivision within the extraterritorial jurisdiction, the most recently approved county tax roll of the property upon which the replat is requested. The written notice may be delivered by depositing the notice, properly addressed with postage prepaid, in a post office or postal depository within the boundaries of the municipality.

c.

If the proposed replat requires a variance and is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of the members present of the Planning Commission. For a legal protest, written instruments signed by the owners of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the Planning Commission prior to the close of the public hearing.

d.

In computing the percentage of land area under Subsection c., the area of streets and alleys shall be included.

e.

Compliance with Subsections c. and d. is not required for approval of a replat of part of a preceding plat if the area to be replatted was designated or reserved for other than single or duplex family residential use by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat.

f.

If a proposed replat described by Subsection 3. does not require a variance or exception, the City shall, not later than the 15th day after the date the replat is approved, provide written notice by mail of the approval of the replat to each owner of a lot in the original subdivision that is within 200 feet of the lots to be replatted according to the most recent municipality or county tax roll. This subsection does not apply to a proposed replat if the municipal planning commission or the governing body of the municipality holds a public hearing and gives notice of the hearing in the manner provided by Subsection b.

g.

The notice of a replat approval required by Subsection f. must include:

(1)

the zoning designation of the property after the replat; and

(2)

a telephone number and e-mail address an owner of a lot may use to contact the municipality about the replat.

D.

Recordation and Expiration of Plats.

1.

Administrative plats. Administrative plats shall be filed for recording with Official Public Records of Real Property, Tom Green County, within a period of twelve calendar months from approval, or the approval shall expire, no longer be valid, and the plat shall not be recorded.

2.

Final Plats and Replats. If any final plat or replat (not classified as an administrative subdivision) has not been filed for record with Official Public Records of Real Property, Tom Green County, within a period of three years from its approval by the Planning Commission or City Council, approval of such plat shall expire, no longer be valid, and the plat shall not be recorded.

E.

Preliminary Plat Approval and Expiration.

1.

After approval has been granted, a preliminary plat will remain valid for a period of five years. An approved final plat within the area of the preliminary plat will extend the period of validity by an additional five years from the date of final plat approval. After this time, the approval shall expire, no longer be valid, and the preliminary plat shall automatically expire, unless additional progress towards completion of the project has occurred, in which case the preliminary plat will remain valid for five years from the date of the most recent applicable action indicating such progress. All preliminary plats in effect on the date of this ordinance shall automatically expire 5 years from the effective date of this ordinance, unless progress toward completion of the project has occurred during that time period, in which case the preliminary plat will remain valid for five years from the date of the most recent applicable action indicating such progress.

2.

Progress towards completion of the project shall include any one of the following:

a.

an application for a final plat or plan is submitted to the City;

b.

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

c.

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

d.

fiscal security is posted with the City to ensure performance of an obligation required by the City; or

e.

utility connection fees or impact fees for the project have been paid to the City.

(Ordinance adopted 10-17-95; Ordinance adopted 2-7-06, §§ 4, 6; Ordinance adopted 4-15-14, § 3; Ordinance 2017-11-160, § 2, adopted 11-21-17; Ordinance 2018-055, §§ 3—7, adopted 4-17-18; Ord. No. 2019-084, § 1, 7-2-19; Ord. No. 2019-109, § 3, 8-20-19; Ord. No. 2023-118, § 1, 12-19-23)

A subdivision or resubdivision may be vacated by the proprietors of the land covered thereby, at any time before the sale of any lot, by a written instrument declaring the same to be vacated. Said instrument shall be duly executed and acknowledged, and shall be approved and recorded in the same manner prescribed for the original plat or replat. If lots in a subdivision or resubdivision have been sold, the plat (or any part of the plat) may be vacated on the application of all owners of lots in the subdivision or resubdivision, with approval obtained in the manner prescribed for the original plat preceding the one to be vacated. On the execution and recording of the vacating instrument, the vacated plat has no effect.

(Ordinance adopted 10-17-95)

The Planning Director is authorized to approve and issue an amended plat (in accordance with the standards and procedures set forth herein this ordinance for administrative subdivisions) which is signed by the applicants only, and is solely for one or more of the purposes set forth below. Such an amended plat may thence be recorded and is controlling over the preceding plat without vacation of that plat. The Planning Director's approval and issuance shall not require notice, hearing or approval of other lot owners. The provisions for an amended plat shall not apply, however, if the amended plat attempts to remove recorded covenants or restrictions, or to increase the number of lots.

A.

To correct an error in any course or distance shown on the preceding plat.

B.

To add any course or distance that was omitted on the preceding plat.

C.

To correct an error in the description of real property shown on the preceding plat.

D.

To indicate monuments set after death, disability, or retirement from practice of the engineer of [or] surveyor charged with responsibilities for setting monuments.

E.

To show the proper location or character of any monument which has been changed in location or character, or which originally was shown at the wrong location or incorrectly as to its character, on the preceding plat.

F.

To correct any other type of scrivener or clerical error or omission on a plat as previously approved by the City Planning Commission or City Council. Such errors and omissions may include, but are not limited to, lot numbers, acreage, street names and identification of adjacent recorded plats.

G.

To correct an error in courses and distances of lot lines between two adjacent lots where both lot owners join in the application for plat amendment and neither lot is abolished, provided that such amendment does not attempt to remove recorded covenants or restrictions, and that amendment does not have a material adverse effect on the property rights of the other owners of property in the subdivision.

H.

To relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement.

I.

To relocate one or more lot lines between one or more adjacent lots, where the owner or owners of all such lots join in the application for the plat amendment, the amendment does not attempt to remove recorded covenants or restrictions, and the amendment does not increase the number of lots.

(Ordinance adopted 10-17-95)

If a proposed subdivision is to be developed in phases, that is, if the final plat is to include only a portion of the preliminary plat, then each phase shall be developed as a self-sufficient subdivision. Dead-end streets shall not normally be permitted. Where a street is planned to continue through to another phase of the development, a temporary cul-de-sac, L-type or T-type turnaround may be constructed, provided that such street shall be constructed to permanent standards, or continue through to another phase before the expiration of the performance agreement. The performance agreement shall include the amount of funds necessary to guarantee the permanent construction of such streets and turnarounds.

(Ordinance adopted 10-17-95)

Editor's note— Section VII, "River Corridor Developments," was repealed by sec. 12 of Ordinance adopted September 4, 2012.

All subdivisions and land developments having any part of the development within the one hundred (100) year flood hazard area shall be reviewed by the Director of Public Works for compliance with the City of San Angelo's flood hazard area regulations. Persons desiring information on the designated flood hazard area and development therein should contact the Director of Public Works for the City of San Angelo.

The subdivider of land within the one hundred (100) year flood hazard area shall provide written notice, in a form acceptable to the floodplain administrator, to the initial purchaser of each lot or tract of land so situated within the flood hazard area

(Ordinance adopted 10-17-95)

A.

Procedure. The City Engineer and Planning Director shall recommend to the Planning Commission and the City Council site improvements, such as roads, sewer mains, and water lines, required before final approval has been granted. Site improvements that are to be incorporated into the subdivider's Performance Agreement shall be reviewed and acted upon by the Planning Commission along with the final plat.

B.

Cost Estimates. The performance agreement shall include an estimate of the amount that it would cost the City to construct the site improvements. The cost estimate will include an inflation factor based upon a locally recognized construction cost index as approved by the Department of Public Works. If the subdivider elects to construct the site improvements before the plats are released for recording, it will not be necessary for the developer to supply the City with the estimate of the cost of site improvements on the performance agreement.

C.

Recording of Plat.

1.

Construction of Improvements. If, within a period of three years after the final plat has been approved by the Planning Commission or City Council, the subdivider has constructed and has had all required improvements accepted by the Department of Public Works, the Planning Department shall release the final plat to be filed in the Official Public Records of Real Property of Tom Green County.

2.

Guarantee of Improvements. Within a period of three years after the final plat has been approved, if all site improvements have not been completed, but a Performance Agreement and suitable security adequate to guarantee construction of the uncompleted improvements has been filed with and accepted by the Department of Public Works, the Planning Department shall release the plat for recording.

3.

Performance Agreement. The Performance Agreement shall consist of a statement by the subdivider that the subdivider agrees to provide all of the incomplete site improvements specified for approval of the final plat and required by the City Code or state or federal law and approved by the City Engineer and Planning Director, or designees, on a form approved by the City Attorney or designee. The Performance Agreement shall be in substantially the form as the sample on file in the Engineering Services Department and shall be recorded in Official Public Records of Real Property of Tom Green County, Texas, A Performance Agreement may not be for a term exceeding three years from approval of the final plat, except with respect to a written agreement for deferral of developer's obligations for construction of designated improvements approved as provided for under Section II of this Chapter 6.

(1959 Code, title 9, ch. 4, ex. A; Ordinance adopted 10-17-95; Ord. No. 2019-109, § 3, 8-20-19)

A.

Performance Bond. A performance bond must be executed by a surety company, licensed to do business in the State of Texas, in an amount equal to the cost estimate of all uncompleted and unaccepted improvements required by these regulations. Such cost estimate shall include an inflation factor based upon a locally recognized construction cost index, as approved by the Department of Public Works. The performance bond shall be substantially in the same form as the bond instrument on file in the Department of Public Works. Any deviations from this form must be approved by the City Attorney. The City Manager is authorized to sign acceptance of the bond instrument on behalf of the City of San Angelo.

B.

Letter of Credit. The subdivider shall provide an irrevocable letter of credit in an amount equal to the cost estimate of all uncompleted and unaccepted site improvements required by these regulations. Such cost estimate is to include an inflation factor based upon a locally recognized construction cost index, as approved by the Director of Public Works. The letter of credit, properly executed, shall be in substantially the same form as the sample letter of credit on file in the Department of Public Works. Any deviation from this form shall be approved by the City Attorney.

C.

Cash or Cashier's Check. The subdivider shall provide the City cash, or a cashier's check, in an amount equal to the cost estimate of all uncompleted and unaccepted site improvements required by these regulations. Such cost estimate is to include an inflation factor based upon a locally recognized construction cost index, as approved by the Department of Public Works. Upon completion of the required site improvements and their acceptance by the Department of Public Works, the amount will be refunded to the subdivider by the City.

D.

Deferral of Obligation. The obligation for any uncompleted and unaccepted site improvements required by a Performance Agreement and these regulations, including the posting of security for developer's guarantee of performance, may be deferred until application for a subsequent development permit for a lot or a phase of the development, or to coincide with a future capital improvement project, or other deferral as approved, at the sole discretion of the City upon written request of the property owner or at the City's initiative. Any such deferral of obligation under the Performance Agreement shall be by provision in the Performance Agreement or amendment thereto, specifying the infrastructure improvements for which the obligation is deferred, the time period for which completion of the described improvements is deferred, and the individual and entity parties responsible, in a form approved by the Planning Director, City Engineer, and the City Attorney.

(1959 Code, title 9, ch. 4, ex. A; Ord. No. 2019-109, § 4, 8-20-19)

When a subdivider has given security in any of the forms as provided above, and whenever any segment or segments of the required site improvements have been completed and have been accepted by the Department of Public Works, the subdivider may substitute for the original guarantee, a new guarantee in an amount equal to the cost of the remaining site improvements. The cost estimate, which is to include an inflation factor based upon a locally recognized construction cost index, shall be approved by the Department of Public Works. Such new guarantee need not be in the same form as the original guarantee, so long as such guarantee is one of the above. However, in no event shall the substitution of one security for another in any way change or modify the terms and conditions of the performance agreement or the obligation of the subdivider as specified in the performance agreement.

(1959 Code, title 9, ch. 4, ex. A)

A.

City Acceptance. A subdivider shall be held liable to the City of San Angelo for the completion of all site improvements required by these regulations until such time as such improvements shall have been actually completed and shall have been accepted by the City. The City will not accept the site improvements for maintenance for a period of one year after final installation and inspection by the appropriate City departments. The subdivider shall be required to guarantee such improvements for a period of one year and shall maintain such improvements during that period. In the following circumstances, a performance guarantee in the amount of ten percent (10%) of the cost of improvements or $25,000, whichever is less, will be required prior to execution of the final plat:

1.

Where a subdivider has not previously filed a plat for a subdivision within the City limits or extraterritorial jurisdiction, or

2.

When the City Council has established that the subdivider has defaulted on a prior one-year warranty period.

When the improvements are accepted by the City, this performance guarantee [will] be returned[.]

B.

Completion of Improvements. If the construction of site improvements has been guaranteed by a form of security described above, and such improvements have not been completed and have not been accepted by the City within the time period prescribed, the City Manager after written notification has been given to the subdivider, shall take such action as may be required to cause payment to be made to the City of the amounts of money secured by a guarantee of performance. Such amounts of money shall be used by the Department of Public Works to finance the completion of the required improvements.

In the event that the amounts of money referred to above are insufficient to finance the completion of the required improvements, the City Manager shall so notify the subdivider in writing and shall require the subdivider either to complete the improvements without delay or to make available to the City the amount of money required to finance their completion. Should the subdivider fail to do either of the above and such failure is not due to strikes, riots, acts of God, acts of the public enemy, injunction or other court action, or any other cause similar to those enumerated, beyond the subdivider's control, the matter shall be referred to the City Attorney for such action as the City Attorney may deem appropriate to compel the subdivider to comply with the provisions of the performance agreement entered into by the subdivider as a condition precedent to the approval of the plat by the City, or to pursue any another remedy which may be available to the City. Further, until such time as the required site improvements have been completed and accepted by the City, the City Manager shall refuse to accept from such subdivider a performance guarantee under any form which is related to the plat of a subdivision, subsequently filed with the Planning Commission, in which such subdivider [has a] principal or subsidiary interest. Such a plat, once it has been approved by the City, may be recorded only in the manner prescribed above.

C.

Uncontrollable Delays. The provisions of this section shall not apply if a subdivider is prevented from completing and having accepted such required site improvements within the prescribed time by reason of strikes, riots, acts of God, acts of the public enemy, injunction or other cause similar to those enumerated, beyond the subdivider's reasonable control. The subdivider shall be entitled to an extension of time equal to the time of such delay, which extension of time shall be fixed by written certification made by the City Manager; it being expressly declared that no such allowance of time will be made unless claimed by the subdivider and allowed and certified in writing by the City Manager at the end of each period of such delay.

(1959 Code, title 9, ch. 4, ex. A)

All plats shall be prepared in a clear, readable manner and shall be prepared in accordance with requirements established by the Planning Director, approved by the Planning Commission, as posted on the Planning Department's website.

(Ordinance adopted 10-17-95; Ordinance 2018-055, § 8, adopted 4-17-18)

All plats shall be prepared in a clear, readable manner and shall be prepared in accordance with requirements established by the Planning Director, approved by the Planning Commission, as posted on the Planning Department's website.

(Ordinance adopted 10-17-95; Ordinance 2018-055, § 9, adopted 4-17-18)

A.

A replat shall include all the same information as a final plat, except as explicitly noted above in Section ll.

(Ordinance adopted 10-17-95)

A.

Registered Surveyor. In conformance with State law, all surveying must be done by a Registered Public Surveyor, who is accountable to the Texas Board of Land Surveying.

B.

Accuracy Standards. The minimum surveying requirements shall conform to the accuracy standards set forth by the Texas Board or Land Surveying, except that in no case shall the requirements be less than the following:

1.

The angular error in the boundary survey shall not exceed fifteen (15) seconds multiplied by the square root of the number of zones in the traverse. The boundaries shall close to a precision ratio of one part in ten thousand (10,000), or better.

2.

The boundary shall be adjusted and the bearings shall be shown to seconds and the lengths to one-hundredths (0.01) of a foot.

3.

The positional tolerance of corners/monuments, set at distances from zero (0) through three hundred (300) feet, shall have a relative positional error not to exceed 0.03 foot. This short distance may be checked with a recently standardized tape, taking temperature, tension and sag into proper consideration.

4.

All corners/monuments found or set at distances greater than three hundred feet shall have a relative position error not to exceed the shortest distance of any line radiating from said corner/monument divided by ten thousand. Example: Monuments one thousand feet between shall have a relative positional error not to exceed 1,000/10,000 = 0.10 foot.

5.

The tolerance for all corners/monuments in the subdivision shall be the same as above stated.

6.

It is preferred that all surveying be related to the Texas Coordinate System - Central Zone. The City has a partial grid network and may be able to furnish coordinates on a monument in the vicinity.

(1959 Code, title 9, ch. 4, ex. A)

A.

Corner Points. All corner points in any subdivision shall either be set or referenced, or if found so indicated, by or under the supervision of the Registered Public Surveyor preparing the final or record plat. If such corners/monuments are not set or found prior to the submission of the final or record plat for approval by the governing body, then a contract evidencing the agreement must be submitted with said final or record plat. Monuments set or called for, whether artificial or natural, shall represent the footsteps of the surveyor and his professional opinion as to the proper location of the point or corner.

B.

Artificial Monuments. An artificial monument considered permanent shall be construed as any mark or marker of relative performance that, if left undisturbed, will remain in place for a period of at least twenty-five (25) years. Monuments must be set at sufficient depth to retain a stable and distinctive location and be of sufficient depth to withstand deteriorating forces of nature. All monuments should be set in such fashion as to remain stable against an applied force from any direction of approximately ten (10) pounds for a duration in time of at least ten (10) seconds.

C.

Monument Material. Material for monuments should be chosen in regard to the terrain and situation that exist at the site of the survey. Consideration must be given the natural erosive forces that will work against the monument for decades to come. The following requirements shall be met:

1.

Iron or steel bars or rods for monuments should be a minimum size of one-half inch (½") in diameter by eighteen inches (18") long. Longer bars or rods should be used in soft soil to insure stability of the monument. Where rocky or caliche soils prevent specified length, the rods should be driven to refusal at such depths where it will remain stable against the prescribed force and for the prescribed duration.

2.

Iron pipes for monuments should be a minimum of one-half inch (½") inside diameter and eighteen inches (18") long. Longer pipes should be used in soft soil to insure stability of the monument. All iron pipes shall be sized by the inside diameter. Where rocky or caliche soils prevent specified length, the pipe should be driven to refusal at such depths where it will remain stable against the prescribed force and for the prescribed duration.

3.

Nonferrous metal monuments should be equal to requirements for iron rods or iron pipes.

4.

A cast concrete monument shall be a minimum size of four inches in diameter by eighteen inches in length, with a precise station mark such as a center punch or cross embedded in the cap. Larger concrete monuments should be set in soft or wet soil to insure prescribed stability.

5.

Poured-in-place concrete monuments should contain a precise station mark, as in 4. above, and be reinforced with at least one-half inch (½"), or larger, iron rods or pipes and be comprised of no less than one-quarter (¼) cubic foot of concrete.

6.

Other monumentation, such as drilled holes, chiseled marks in stone, concrete or steel, punch marks, precast bronze disk, etc., should be of sufficient size, diameter or depth to be definitive, stable and readily identified as a survey marker. Objects upon which such marks or markers are placed should be or a stable and permanent nature, greater than those of iron pipes or iron rods.

D.

Monument Placement. All lot corners, block corners, beginnings and ending of curves, etc., must be marked or referenced. Monuments of this type, or equivalent thereof, may be chosen by the surveyor responsible for the subdivision; however, the same must be described so that each corner may be identified with certainty from such description.

E.

Monument Identification. Where possible, all monuments should be identified by marked guard stakes set within twenty-four inches (24") of the corner/monument. Appropriate identifying data should be plainly lettered on the stake and the stake painted or flagged. Stakes should be a minimum of three-quarters of an inch by one and one-half inch by 18 inches (¾" x 1½" x 18") in size and driven firmly into the soil. When guard stakes are impractical, the surveyor should identify the monument with an equivalent method. Monuments may be identified by code numbers or letters for brevity and easy recognition or they may be identified by names of specific corners.

F.

Control Monuments. There should be control monuments set in each subdivision or section thereof at the ratio of at least two (2) such monuments per block. These monuments shall be situated so that at least one (1) other monument is visible from each monument.

1.

The material and placement of these monuments should be carefully chosen by the surveyor, keeping in mind the purpose of same, as provided herein.

2.

Each such control monument shall be stamped with identifying information that shall be clearly stated on the final or record map. Sufficient data shall be shown so that these control monuments may be used to reset any lot, block, curve point or corner in the subdivision.

(1959 Code, title 9, ch. 4, ex. A)

A.

Lot Arrangement. The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits on all lots in compliance with the Zoning Ordinance and Health Regulations and in providing driveway access to buildings on such lots from an approved street.

B.

Lot Dimensions.

1.

Lot or Space Requirements.

(a)

Lot or space dimensions shall comply with the minimum standards of the Zoning Ordinance for the type of development proposed. Lot or space size shall also depend upon the type of water supply system and/or type of wastewater disposal system proposed, as contained within the On-Site Waste Disposal Ordinance.

(b)

With respect to Manufactured Housing Park, Mobile Home Park or Recreational Vehicle Parks, the maximum density shall not exceed ten spaces per gross acre, including easements and utility rights-of-way, and the subdivision shall consist of a minimum of ten contiguous acres. Within the ETJ, no space within a Manufactured Housing Park, Mobile Home Park or Recreational Vehicle Park shall be closer than one hundred feet (100') from the perimeter of the Park.

(c)

Placement of any RV shall occur only on a surface which is sufficient to support the weight of the unit, and which shall consist of one or a combination of the following materials:

a.

paved surface as defined in Chapter 8 of the Zoning Ordinance,

b.

4" base of crushed granite or limestone, or

c.

42" of pavement millings.

2.

Provision for Future Development. Where lots are more than double the minimum required area for the zoning district, the Planning Commission may require that such lots be arranged so as to allow further subdivision and the opening of future streets, where they would be necessary to serve such potential lots, all in compliance with the Zoning Ordinance and these regulations. All future replats or resubdivisions will be required to satisfy all provisions of this Ordinance.

3.

Lot Lines. In general, side lot lines should be at right angles to street lines (or radial to curving street lines) unless a variation from this rule will give a better street or lot plan.

4.

Off-street Parking and Loading. Depth and width of properties reserved or laid out for business, commercial or industrial purposes shall be adequate to provide for the off-street parking and loading facilities required for the type of use and development contemplated, as established in the Zoning Ordinance.

C.

Double Frontage Lots. Double frontage and reversed frontage lots should be avoided, except where necessary to provide separation or [of] residential development from traffic arterials or to overcome specific disadvantages of topography and orientation.

(1959 Code, title 9, ch. 4, ex. A; Ordinance adopted 4-15-14, § 3)

A.

Width. Blocks should have sufficient width to provide for two (2) 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 block lengths in residential areas should not exceed two thousand, two hundred (2,200) feet nor be less than four hundred (400) feet in length. Wherever practicable, blocks along major arterials and collector streets shall be not less than one thousand (1,000) feet in length. In long blocks, the City may require the reservation of an easement through the block to accommodate utilities, drainage facilities or pedestrian traffic. Blocks designed for industrial uses shall be of such length and width as may be determined suitable by the City for the prospective use.

C.

Pedestrian Ways. Pedestrian ways, or crosswalks, not less than ten feet (10') wide, and related traffic and/or pedestrian control devices, may be required by the City through the center of blocks more than eight hundred (800) feet long, where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation or other community facilities.

(1959 Code, title 9, ch. 4, ex. A; Ord. No. 2023-118, § 1, 12-19-23)

A.

General Design Guidelines. All streets shall be improved to the minimum standards as defined in Chapter 10, for the type of subdivision proposed, and shall be properly integrated with the existing and proposed system of streets, roads and other dedicated rights-of-way.

1.

Public Access. No lot shall be created in any subdivision or resubdivision unless the lot has direct abutting access to an approved, accepted and publicly dedicated street right-of-way. No Park space shall be created in any subdivision or resubdivision unless the space has direct abutting access to an approved internal street.

2.

Traffic Generators. All streets should be properly related in terms of widths and construction standards to special traffic generators (such as industries, business districts, schools, churches and shopping centers), to population densities and to the pattern of existing and proposed land uses. Additionally, the subdivider shall dedicate and improve to the standards of this Ordinance, any street indicated upon the Master Street Plan within the subdivision.

3.

Street Pattern. Minor or local streets should be laid out to conform as much as possible to the topography, to discourage use by through traffic, to permit efficient drainage and utility systems and to require the minimum number of streets necessary to provide convenient and safe access to property. The rigid rectangular gridiron street pattern need not necessarily be adhered to, and the use of curvilinear streets, cul-de-sacs or U-shaped streets is to be acceptable where such use will result in a more desirable layout.

4.

Business and Industrial Developments. In business and industrial developments, the streets and other accessways should be planned in connection with the grouping of buildings, location or [of] rail facilities and the provision of alleys, truck loading and maneuvering areas and walks and parking areas, to minimize conflict of movement between the various types of traffic, including pedestrian.

5.

Dedication and Improvement of Street Right-of-Way Beyond the Perimeter of Property to be Subdivided.

a.

Streets Bordering Subdivisions. Existing streets often lie adjacent to but beyond the perimeter of property to be subdivided. Such streets exist because of some previous formal dedication (of right-of-way) or by prescriptive easement. All such streets bordering a subdivision shall be improved and/or rights-of-way dedicated, in accordance with standards described below:

(1)

For all classifications of such streets, the subdivider must dedicate at least one-half the additional right-of-way necessary to comprise the full street width required by this ordinance and in compliance with the most recently adopted Thoroughfare Plan for San Angelo and its environs, along that length of such street which directly borders the subject property to be subdivided. Dedication of more than one-half this additional increment may be required, in some instances, to maximize use of existing roadway and/or to ensure a consistent street alignment with a minimum of undesirable curvature.

(2)

For all classifications of such streets, except as specified in subparagraph (5) below, the subdivider must pave one-half the additional increment of pavement necessary for compliance with the standards of this ordinance and the most recently adopted Thoroughfare Plan for San Angelo and its environs, along that length of street right-of-way which directly borders the subject property to be subdivided.

(a)

In no instance, however, shall there be required any more than 33 feet of additional paving width, nor shall there result in any less than a 26-foot-wide paved roadway.

(b)

If the subdivider widens existing pavement, the existing pavement shall be cut back a distance required by the Public Works Director to assure adequate subbase and pavement joint, before additional paving material is applied.

(3)

For all classifications of such streets, except as specified in subparagraph (5) below, the subdivider must install an appropriate concrete gutter (with or without a raised curb, as necessitated by expected stormwater flow) along that length of street pavement which directly borders the subject property to be subdivided.

(4)

In lieu of actual street improvements, as stipulated above, the subdivider shall have the option of contributing to the City an amount of money equal to that necessary for completing the pavement and curbs required by this Subsection 5.a.

(a)

Such funds shall be held and eventually utilized by the City for financing a more comprehensive program of improvements to the street(s) bordering that subdivision from which said contribution was collected, or to any street(s) located within one-half mile from the boundary of that subdivision, so long as such street improvements will promote overall accessibility and traffic movement to and from that subdivision.

(b)

If such funds (as have been contributed by the subdivider, for street improvements) are not so expended within 7 years from the date of that subdivision's recording with the Tom Green County Clerk, then such funds shall be returned to the subdivider having contributed those funds, except that the City Manager shall have the option of extending that 7-year period for one (1) additional 3-year period of time.

(c)

In the event that the City of San Angelo or Tom Green County government shall undertake paving and/or curb improvements on a street, with the intent of assessing or collecting a special payment from adjoining properties to help finance such improvements, then no such assessment or payment shall be required from property (or properties) in a subdivision from which a contribution has already been made for future street improvements under the terms of this Subsection III.A.5.a, so long as such contribution of money has not been returned to the subdivider having originally made such contribution.

(5)

The following exceptions shall generally apply to requirements of this Subsection III.A.5.a:

(a)

Freeways bordering subdivision boundaries. The extent of improvements necessary for any freeway will vary considerably from one segment of that freeway to another (over the course of time) and will be compelled by factors far removed from development within any one adjacent subdivision. Therefore, no paving or curb improvements shall be required on any right-of-way classified as a freeway (on the most recently adopted Thoroughfare Plan for San Angelo and its environs), in conjunction with the subdivision of adjacent property.

(b)

Improving state-maintained right-of-way. If the right-of-way for any thoroughfare maintained by Texas state government lies adjacent to a subdivision, the subdivider shall not be required to pave (or install curbs along) any portion of such state-maintained right-of-way.

b.

Streets Projecting Laterally from a Subdivision. If street access to a subdivision is available exclusively through right-of-way for a single street projecting laterally from the bounds of a subdivision, or which projects in direct alignment from a street right-of-way (existing or proposed) bordering the subject property to be subdivided, then the following standards shall apply:

(1)

The subdivider shall be responsible for obtaining all additional right-of-way (on one and/or both sides of existing right-of-way) necessary to comprise the complete width of right-of-way commensurate with the functional classification of said street, according to the most recently adopted Thoroughfare Plan for San Angelo and its environs. Such expanded right-of-way will be required from the boundary of the subject property to be subdivided (or from that certain line from which an adjacent street projects in direct alignment from the boundary of the subject property to be subdivided) all the way to said projecting street's intersection with right-of-way for the nearest other public road intersecting said projecting street.

(2)

The subdivider shall be responsible for installing all pavement and/or appropriate curbing (as required) to meet standards commensurate with the functional classification of said street, according to the most recently adopted Thoroughfare Plan for San Angelo and its environs. Such street improvements shall be required from the boundary of the subject property to be subdivided (or from that certain line from which an adjacent street projects in direct alignment from the boundary of the subject property to be subdivided) all the way to said projecting street's intersection with right-of-way for an existing thoroughfare classified as a collector street, arterial street or freeway, according to the most recently adopted Thoroughfare Plan for San Angelo and its environs.

6.

New Streets Bordering but within the Perimeter of Property to be Subdivided. Where a new boundary street (not previously existing by any formally dedicated right-of-way or prescriptive easement) forms a boundary of property to be subdivided, the subdivider shall dedicate right-of-way sufficient to make such street comply with requirements of this ordinance and of the most recently adopted Thoroughfare Plan for San Angelo and its environs. The subdivider shall also improve such street in compliance with all standards and specifications of the City of San Angelo, including installation of curbs (as required) on both sides of the street, to an extent commensurate with its functional classification according to the most recently adopted Thoroughfare Plan for San Angelo and its environs. The dedication of half-street rights-of-way will not be permitted, in these circumstances, nor will the construction of half a width of street pavement.

7.

Manufactured Home Park, Mobile Home Park and Recreational Vehicle Park developments:

a.

Roads connecting the facility to the publicly dedicated right-of-way and within the facility shall be paved with a Paved Surface or Paving as defined in Chapter 8 of the Zoning Ordinance and as outlined in the city's Specifications and Details for the corresponding street classification as shown on the Thoroughfare Plan. For roads within the city's Extraterritorial Jurisdiction (ETJ), the city's Specifications and Details must be followed.

b.

Primary access to the site shall not be allowed under any circumstance from a local street as indicated in the City of San Angelo Thoroughfare Plan.

B.

Extension of Streets

1.

Boundary Lines. Proposed streets should be extended to the boundary lines of the tract to be subdivided, unless prevented by topography or other physical conditions; or unless, in the opinion of the Planning Commission and City Council, such extension is not necessary or desirable for the coordination of the layout of the subdivision with the existing layout or the most advantageous future development of adjacent tracts.

2.

Continuation. The arrangement of streets shall provide for the continuation of principal streets between adjacent properties when such continuation is necessary for convenient movement of traffic, effective fire protection and efficient provision of utilities or the implementation of the Master Street Plan.

3.

Termination. Where a road does not extend to the boundary of the subdivision and its continuation is not required by the Planning Commission and City Council for access to adjoining property, its terminus shall normally not be nearer to such boundary than fifty feet (50'). However, the Planning Commission and the City Council may require the reservation of an appropriate easement to accommodate drainage facilities, pedestrian traffic or utilities.

C.

Dead-End Streets

1.

Turnaround Required. An appropriate turnaround shall be provided at the termination of every permanent dead-end street, in accordance with ordinary street construction specifications (for methods and materials) as well as with the following dimensional standards:

a.

Cul-de-sac turnarounds are circular in shape and shall have rights-of-way at least 100 feet in diameter. The curve radius on the "flare-out" from the intersecting street right-of-way shall be a minimum of 20 feet. The paved portion of any such cul-de-sac turnaround shall be at least 90 feet in diameter.

b.

T-type or hammerhead turnarounds shall extend in two directions laterally from the termination of the intersecting dead-end street, shall provide exclusive frontage for not more than six (6) lots, and shall meet the following dimensional standards for both right-of-way and pavement:

right-of-way

The "T" or "hammerhead" segment extending generally perpendicular in each direction from the projected alignment of the intersecting street right-of-way shall be at least 30 but not more than 100 feet in length.

The width of right-of-way at each end of the "T" or "hammerhead" segment shall be a minimum of 40 feet wide.

The curve radius on the "flare-out" from the intersecting street right-of-way shall be a minimum of 20 feet.

pavement

The paved portion of right-of-way for any T-type or hammerhead turnaround shall generally extend to within five feet (5) of the right-of-way boundary, measured from the face of the curb or edge of such pavement. Pavement at each end of the "T" or "hammerhead" segment of such turnaround shall be a minimum of 30 feet wide.

2.

Maximum Length Allowed. The length of any dead-end street shall be a maximum of 750 feet, measured along the centerline of such street right-of-way, from the point at which that centerline intersects the alignment of an intersecting street's right-of-way, to a point at the center of the turnaround terminating said dead-end street. In no circumstance, though, shall any dead-end street provide exclusive frontage to more than 40 lots or tracts of land.

3.

Temporary Turnaround. If a new street is shown (on a final plat) extended to the limits of property owned or under control by the same subdivider, and if the adjacent property (owned by another party) is undeveloped so that said new street must be a dead-end, temporarily, then a temporary turnaround or other adequate maneuvering area shall be provided with a notation on the subdivision plat that land outside the normally straight street right-of-way shall revert to abutters whenever that street is continued.

If a new street is shown extended to the limits of a final plat, and adjacent undeveloped property is owned or under control by the same subdivider, then a temporary turnaround or other adequate maneuvering area shall be provided directly beyond the limits of said final plat, by means of a separate and suitable legal instrument allowing public access onto said turnaround or maneuvering area, for recording with the Tom Green County Clerk. Such instrument should include a reversionary clause automatically releasing that instrument coincidentally with any further continuation of the temporarily dead-end street.

In both circumstances described above, the subdivider shall pave the temporary turnaround area in accordance with ordinary street construction specifications (for methods and materials) as well as to dimensional standards ordinarily required of pavement on turnarounds, but without any curbs beside said street pavement.

A temporary turnaround is not necessary if a temporarily dead-end street does not provide exclusive frontage to adjacent property or if exclusive frontage is provided to not more than one (1) lot on each side of said street. In no instance shall a dead-end street, without temporary turnaround, be longer than one hundred and fifty (150) feet.

D.

Reserved for future use.

Editor's note— Subsection III.D. was repealed by sec. 2 of Ordinance adopted 2-7-06.

E.

Access to Arterials. Where a subdivision borders on, or contains, an existing or proposed primary arterial street, the Planning Commission or City Council may require that access to such streets be limited by one or [of] the following means:

1.

The subdivision of lots, so as to back onto the primary arterial and front onto a parallel local street. No access should be provided in a strip of land along the rear property line of such lots.

2.

A series of cul-de-sacs, U-shaped streets or short loops entered from and designed generally, at right angles to a parallel street, with the rear lines of their terminal lots backing onto the primary arterial.

3.

A marginal access or service road (separated from the primary arterial by a planting, grass or concrete strip and having access thereto at suitable points).

4.

Lots shall not, in general, drive [derive] access exclusively from an arterial street. Where driveway access from an arterial street may be necessary for several adjoining lots, the City may require that such lots be served by a combined access drive in order to limit possible traffic hazards on such street. Where possible, driveways should be designed and arranged so as to avoid requiring vehicles to back into traffic on primary or secondary arterials.

F.

Intersections

1.

Right Angles. Streets shall be laid out so as to intersect nearly as possible at right angles. A proposed intersection or [of] two (2) new streets at an angle of less than seventy-five (13) [sic] degrees shall not be acceptable. An oblique street should be curved approaching an intersection and should be approximately at right angles for at least fifty (50) feet therefrom. Not more than two (2) streets shall intersect at any one point unless specifically approved by the City.

2.

Offsets. Proposed new intersections along one side of an existing street shall, whenever practicable coincide with an existing intersection on the opposite side of such street. Street jogs with centerline offsets of less than one hundred and fifty (150) feet shall not be permitted, except where the intersected street has separated dual drives without median breaks at either intersection. Where streets intersect major streets, their alignment shall be continuous. Where they are not continuous, intersections of major streets should be at least eight hundred (800) feet apart.

3.

Curb Radius. Minimum curb radius at the intersection of two (2) local streets shall be at least twenty (20) feet and minimum curb radius at an intersection involving a collector street shall be at least twenty-five (25) feet. Alley intersections and abrupt changes in alignment within a block shall have the corners cut off or appropriate radius in accordance with standard engineering practice to permit safe vehicular movement.

4.

Visibility.

a.

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 (including trees) in connection with the grading of the public right-of-way to the extent deemed necessary to provide an adequate sight distance.

b.

At any street intersection, no building, fence, enclosure, or structure shall exceed four feet (4') in height, if situated within thirty feet (30') of the intersection of two (2) street right-of-way lines.

G.

Railroads and Limited Access Highways. Railroad rights-of-way and limited access highways, where so located as to affect the subdivision or adjoining lands, shall be treated as follows:

1.

Buffering. In residential districts, buffering should be provided adjacent to the railroad right-of-way or limited access highway. Buffering can be provided by lots with extra depth, screening or a combination thereof. Screening should provide visual and noise buffer. Larger lots should provide a strip of land, at least twenty-five (25) feet in extra width, in which residential structures should be prohibited from locating.

2.

Commercial and Industrial Sites. In districts zoned for business, commercial or industrial uses, the nearest street extending parallel, or approximately parallel, to the railroad shall, wherever practicable, be at a sufficient distance therefrom to ensure suitable depth for commercial or industrial sites.

3.

Intersections. Streets parallel to the railroad, when intersecting a street that crosses the railroad a [at] grade shall, to the extent practicable, be at a distance of at least one hundred and fifty (150) feet from the railroad right-of-way. Such distance shall be determined with due consideration of the minimum distance required for future separation of grades by means of appropriate approach gradients.

H.

Alleys.

1.

Residential Areas. Alleys will not normally be required in residential areas, unless they are intended to be used as ingress and egress for rear access to homes.

2.

Standard Design. The standard design for paved alleys, as illustrated in this Ordinance, will be required when alleys are used as ingress and egress for rear access to homes, business or other similar uses. The standard design for unpaved alleys, as illustrated in this Ordinance, may be used where alleys are desired, but are not required for ingress or egress for rear access for homes, business or other similar uses.

3.

Loading Courts. Alleys or loading courts must be provided in business blocks, unless an exception is granted by the City.

4.

Easements. Where alleys are not included in the plat, easements for public utilities of not less than ten feet (10') shall be provided along each side of the street right-of-way.

5.

Corner Cutoff. Where two (2) alleys intersect, a corner cutoff of not less than ten feet (10'), measured from the point of intersection along the right-of-way line of the alley, shall be required.

(1959 Code, title 9, ch. 4, ex. A; Ordinance adopted 2-7-06, § 3; Ordinance adopted 2-20-07, § 2; Ordinance adopted 4-15-14, § 3)

A.

Requirements. The Planning Commission shall not recommend for approval any plat that does not make adequate provision for stormwater drainage. Possible actions that may be required include, but are not limited to, the following:

1.

Lot Layout. Lots should be laid out so as to provide positive drainage away from all buildings and individual lot drainage should be coordinated with the general storm drainage pattern for the area. Drainage should be designed so as to avoid concentration of storm drainage water from each lot to adjacent lots.

2.

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

3.

Easements. Adequate drainage easements shall be obtained and designated on the subdivision plat, when required by the City.

4.

Drainage Networks. Drainage networks shall be designed to accommodate potential runoff from the entire upstream drainage area, whether inside or outside the subdivision. The Director of Public Works will approve the proposed size of all structures, based on the provisions in the design standards and specifications.

5.

Drainage Studies. Compliance with City Code of Ordinances, Chapter 12, Article 12.05 "Stormwater Management" ordinance is required. The developer may be required to provide preliminary and final drainage studies prepared by a licensed engineer for review and approval by the City Engineer. The study should include an examination of the runoff alterations of each proposed subdivision on existing off-site downstream drainage facilities. Local government drainage studies, together with such other studies as may be pertinent, should serve as a guide to needed on-site and off-site drainage system improvements. Where it is anticipated that the additional runoff produced or caused by the development of the subdivision will overload existing downstream drainage facilities, the City Engineer may recommend that the City withhold approval of the final plat until provision has been made for compliance with stormwater management requirements in a manner as the City Engineer determines to be adequate. A subdivision plat that does not satisfactorily provide for containment and/or conveyance of all on-site and off-site stormwater runoff shall not be finally approved by the Planning Commission or City Council except if deferred as herein provided. The required drainage studies, and associated improvements, may be deferred to a later stage of the development process at the discretion of the City Engineer as provided at Section II, Chapter 6 of this Ordinance.

6.

Flooding.

a.

50- and 100-Year Flood. For usual drainage design considerations, the fifty (50) year flood should be contained in the street right-of-way, and the one hundred (100) year flood should not inundate buildings and homes.

b.

Development Permit. Subdivisions located within the one-hundred-year floodplain, 25 [sic] determined by the latest Federal Flood Insurance Maps, shall be required to obtain a floodplain development permit from the Director of Public Works.

7.

Indemnification. The developer may be required to submit legal documents indemnifying the City for those areas where surface runoff from streets, alleys and drainageways discharges onto private property.

(1959 Code, title 9, ch. 4, ex. A; Ord. No. 2019-109, § 5, 8-20-19); Ord. No. 2019-109, § 5, 8-20-19)

A.

Purpose

1.

The purpose of these sidewalk standards is to promote the health, safety, and welfare of residents, property owners, and visitors to the City of San Angelo and to implement the vision and strategies of the San Angelo Comprehensive Plan.

2.

These standards will:

a.

Improve the safety of walking by providing separation from motorized transportation and improving travel surfaces for pedestrians.

b.

Improve public welfare by providing an alternate means of access to transportation and social interaction, especially for children, other citizens without personal vehicles, or those with disabilities.

c.

Facilitate walking as a means of physical activity recognized as an important provider of health benefits.

d.

Establish minimum criteria for the development of sidewalks as a part of the pedestrian element of the transportation system within the City and the area within the extraterritorial jurisdiction (ETJ) in which the City reviews subdivisions per agreement with the County.

B.

Policy Statements

1.

Where this document is silent, the design of pedestrian facilities shall follow standards applicable under State and Federal laws and regulations, including but not limited to Texas Accessibility Standards (Texas Department of Licensing and Regulation) and Public Right-of- Way Accessibility Guidelines (US Access Board), as amended.

2.

Public sidewalks in the public right-of-way or public access easement must comply with the City's Standard Specifications and Details for Construction, as promulgated by the City Engineer.

3.

These requirements are intended to apply within the City and the area within the extraterritorial jurisdiction (ETJ) in which the City reviews subdivisions per agreement with the County.

4.

These requirements are intended to apply to both public and private streets.

5.

These requirements do not apply to residential infill developments located within the City of San Angelo where there are existing streets adjacent to the property except when meeting criteria in Section D.2.

C.

General Requirements

1.

Except for permitted waivers and deviations as provided under Part F of this Section V, sidewalks, where required by this ordinance, shall have a minimum clear path width of four feet on local and minor collector streets in districts zoned for primarily single-family residential purposes and a minimum clear path width of five feet in all other zoning districts.

2.

The timing of sidewalk construction shall be as required by this Ordinance, or as approved by the Planning Commission.

3.

Except for permitted waivers and deviations as provided under Part F of this Section V, at any time an existing sidewalk is removed from a location that would be required to have a sidewalk per this ordinance, the property owner shall contemporaneously construct a new sidewalk to standards required under this ordinance, unless such removal is authorized in writing by both the City Engineer and Planning Director.

4.

Except as otherwise provided under this Section V or adopted City policy, the property owners shall be responsible for maintenance of the sidewalks within the parkway adjacent to their property, or within a public sidewalk easement on their property, in a safe, functional condition consistent with applicable sidewalk design standards, unless such maintenance is explicitly performed by another entity, such as on roadways maintained by the Texas Department of Transportation.

5.

Internal pedestrian circulation shall be provided by sidewalk(s) or other like improvement in any development serving commercial, retail, office, service or similar use and at any publicly accessible governmental facility, school, church, or other place of public assembly. Sidewalks, or other accessible pedestrian routes, shall be designed and installed to connect buildings to one another and to handicap-accessible parking spaces, and to connect the development to the public street system. All such sidewalks or routes serving commercial, retail, office, service or similar use and at any publicly accessible governmental facility, school, church, or other place of public assembly shall be protected from encroachment by parked vehicles so that a minimum clear path width of four feet is maintained.

6.

Where it is not possible, or not desirable, to locate a public sidewalk within the public right-of- way, the sidewalk may be placed within a public access easement.

7.

The clear path of a required sidewalk shall be separated from the back of curb or edge of pavement by a minimum of 5 feet along arterial and major collector streets.

8.

Sidewalks may be adjacent to the back of curb on local and minor collector streets if 5 feet in width or may be 4 feet in width if separated 3 feet from back of curb.

9.

Sidewalks are not required for a property with RS zoning, except when meeting criteria in Section D.2.

10.

Sidewalks existing as of January 1, 2022 with a clear path width of at least 3 feet will satisfy sidewalk requirements regardless of placement within the external right-of-way until redevelopment, replacement or reconstruction at which time the sidewalks should be brought into full compliance.

D.

Where Sidewalks are Required

1.

Sidewalks shall be required to be constructed with new development on both sides of major collector streets, arterial streets, and the external sides of the frontage roads of freeways. The property owner or developer is only responsible for the required sidewalk on the side of the street or streets adjacent to their property.

2.

Sidewalks shall be required along block faces of local streets or minor collector streets in the following areas:

a.

The Central Business District designated by the San Angelo Comprehensive Plan or the City's Zoning Ordinance.

b.

Designated pedestrian routes in a corridor plan or Safe Routes to School Plan adopted by the City Council of the City of San Angelo.

c.

Locations in which a property has a public sidewalk along at least 50% of the same block face within the same zoning district.

d.

Locations extending from commercial developments, schools, parks, and churches along abutting street to the next street intersection, up to but not to exceed a maximum of 300 feet.

e.

Street frontage abutting a property in the Multifamily (RM), Neighborhood Commercial (CN), Office Commercial (CO), General Commercial (CG), and General Commercial/Heavy Commercial (CG/CH) zoning districts.

E.

When Sidewalks are Required

1.

Sidewalks shall be constructed concurrently at the time of road construction on streets where the street abuts non-development areas such as common areas, drainage features, utility rights-of-way, or publicly owned areas. Otherwise, sidewalks may be deferred by the Planning Commission, the City Council, a Performance Agreement, or a Developer's Agreement, to until such time improvements are constructed on the property.

2.

No site plan may be approved for development on any property unless provisions for sidewalks are included on the site plan where required by this ordinance.

3.

A certificate of occupancy may not be issued until sidewalks where required by this ordinance are installed or brought up to applicable standards, except per an approved deferral guaranteed by a performance agreement or financial guarantee.

F.

Waivers & Deviations

1.

A complete waiver of the requirement for sidewalks should be allowed only where there are unusual factors or circumstances. The waiver must be defined in writing, include data supporting the basis for granting the waiver, and be approved by both the Planning Director and the City Engineer. Unusual factors or circumstances may include:

a.

projects where the cost of establishing sidewalks or walkways would be unreasonably disproportionate to the cost of the associated roadway construction or overall project costs (however a partial waiver may be granted in lieu of a full waiver to reduce the cost of required sidewalks such that the costs will not be unreasonably disproportionate);

b.

areas with topography or other natural constraints that make proper implementation of this ordinance impractical;

c.

situations inherently adverse to pedestrian traffic, such as substantial truck traffic or other circumstances that present health and safety concerns, more prone in agricultural, heavy commercial, and industrial developments; or

d.

other factors or circumstances constituting reasonably justifiable good cause to support such waiver.

2.

Deviations from the requirements of this Section V or from the city's Sidewalk Design Standards may be allowed when necessary due to the physical circumstance of the street, or when necessary to accomplish adopted development goals of the City, or in situations where an applicant can show other factors or circumstances amounting to reasonably justifiable good cause to support such a deviation.

a.

The specific nature and justification for permitting a deviation must be described in writing, include data supporting the basis for granting the described deviation, and approved by both the Planning Director and the City Engineer.

b.

Deviations should be minimal and consist primarily of changes to required width of clear path or alignment within the right-of-way.

c.

Deviations shall not allow a minimum clear path width of less than 3 feet.

3.

A denial in whole or part of a request for a waiver or deviation of these requirements may be appealed to the Planning Commission.

a.

A written appeal must be filed with the Planning Director within 30 days of service upon the property owner or developer of a written notice of the denial of the requested waiver or deviation.

b.

The written notice of appeal must provide justification for the requested waiver or deviations based on the criteria described in F.1. and F.2. above. The Commission shall make findings based on these criteria. The Commission may sustain the denial or grant the application for waiver or deviation in whole or in part.

4.

The applicant or Planning Director may appeal the decision of the Planning Commission to the City Council.

a.

A written appeal must be filed with the Planning and Development Services Department within 30 days of service of the Planning Commission decision on the property owner or developer.

b.

The appeal must provide justification based on the criteria described in F.1. and F.2. of this Section V. The Council may sustain the decision of the Planning Commission or deny or grant the application for waiver or deviation in whole or in part. The Council shall make findings based on criteria described in F.1. and F.2. of this Section V.

(1959 Code, title 9, ch. 4, ex. A; Ord. No. 2022-020, § 1, 3-15-22)

Suitable sites for parks, schools, playgrounds, or other public requirements should be carefully considered and indicated on the final plat.

(1959 Code, title 9, ch. 4, ex. A)

West Texas Utilities Company (WTU) and the City of San Angelo have a contract in which WTU agrees to provide, maintain, and operate a street lighting system in the City of San Angelo.

A.

Location. The City of San Angelo authorizes WTU to install streetlights on each intersection, provided certain standards are met. The City will use the following as a guide:

1.

Housing concentrations,

2.

Main thoroughfares,

3.

Traffic volume,

4.

Traffic accidents,

5.

Crime,

6.

Bus stops,

7.

Public buildings.

On dominant streets, the distance between streetlights is based on footage rather than blocks. If the subdivider requests and the City concurs, lights may be installed at the alley entrance rather than street intersections.

B.

Easements. The subdivider must provide utility easements for underground wiring if his addition has buried service.

C.

Poles. The City pays for the installation of wood poles. If a subdivider wants poles other than wood, the subdivider pays WTU for them (concrete, fiberglass, or steel).

(1959 Code, title 9, ch. 4, ex. A)

(a)

The City of San Angelo installs and maintains street name signs on public streets within the City Limits. The street name signs are installed at the intersection and are spelled according to the subdivision plats. The signs will be installed after curbs and pavement have been completed.

(b)

Within a Park subdivision, the property owner shall install and maintain street name signs approved by the City on all internal streets within the subdivision at intersections with other public or internal streets.

(1959 Code, title 9, ch. 4, ex. A; Ordinance adopted 4-15-14, § 3)

No subdivision shall be approved unless the plat and accompanying improvement plans conform to the policies expressed in this chapter; provided, however, that literal conformance with these policies shall not be required of subdivision in Planned Development (PD) Districts as shown on the official zoning map for the City of San Angelo, so long as such nonconformance is clearly authorized by the specific language or graphic concept plan of the Planned Development (PD zoning district wherein the subdivision is situated. Overall accessibility to and availability of public services such as transportation, utilities and drainage shall nonetheless be generally comparable with that required by conventional subdivision design policies of this chapter.

(Ordinance adopted 1-4-00; Ord. No. 2023-118, § 1, 12-19-23)

A.

Design Work. The developer will retain a professional engineer, registered in the State of Texas, for the design work.

B.

Construction Staking. The developer will retain a professional engineer or a registered public surveyor for the construction staking.

C.

Review by the Director or Public Works. The developer and/or his engineer shall submit the completed design package to the Director of Public Works for his review. This review should not, under normal circumstances, exceed three weeks. Upon completion of the review process, the developer will be provided a list of recommendations or comments, if any, which will be addressed and resolved prior to final plan approval. No construction activity shall commence until all project site plans have been approved and permanent reproducible drawings are on file with the Director of Public Works. The Director of Public Works may recommend to the City Council the use of special design elements for unique problems arising from the design of a particular project.

D.

Inspection. The Department of Public Works will inspect all elements of subdivision construction and must be notified or [on] a daily basis of the construction actions planned by the developer's contractor, so that inspectors can be scheduled. Construction shall be in accordance with the requirements stated herein unless an exception has been allowed by the Director of Public Works with appeal to the City Council. Disagreements in the proper construction of an element arising from construction inspection will be directed to the Director of Public Works for arbitration. In the event construction practices are being used by the developer and/or contractor contrary to the approved development or project plans, the Director of Public Works shall have the authority to suspend activity on the project until all issues are resolved. A reinspection of those elements that do not comply with the requirements of this Ordinance will be required. A reinspection fee shall be established by the City Council.

E.

Soil Tests. When, in the opinion of the Director of Public Works, soil conditions exist that warrant street and alley pavement structure designs more stringent than those of the minimum standards, the developer shall bear the total cost of the testing laboratory and geotechnical engineer, approved by the Director of Public Works, for such pavement structure designs. In addition to testing for design, the developer will be responsible for furnishing test of compliance during construction, according to staff recommendations.

F.

Cuts and Fills. Adverse cuts and fills, as determined by the Director of Public Works, shall be augmented by special design features; e.g., retaining walls, concrete riprap, acquisition of additional right-of-way to provide a safe (6:1 maximum) side slope.

G.

Topographic Features. Existing topographic features that do not interface with the newly designed feature, or that will pose a problem during construction, must be noted and accompanied by a proposal for treatment.

H.

Underground Utilities. Existing underground utilities shall be examined. Those requiring adjustment shall be annotated. Those to remain in place, but that may be shallow (usually less than 30" cover), shall be highlighted, and proposal for protection, when necessary, shall be included. Trenches shall be backfilled as directed by the Public Works Director in accordance with City standard trench backfill details.

I.

Handbooks. Design handbooks of the Texas State Department of Highways and Public Transportation and any of the textbooks used by the City Engineering departments of accredited Texas colleges and/or universities are acceptable reference texts for design use. Other reference materials shall have their credibility established to the satisfaction of the Department of Public Works.

(1959 Code, title 9, ch. 4, ex. A)

Plans and corresponding profiles shall be prepared for all projects and submitted based on design requirements and specifications established by the City Engineer.

(1959 Code, title 9, ch. 4, ex. A; Ord. No. 2019-150, § 1, 11-19-19)

The following minimum widths and specifications may be increased or modified where necessary for proper drainage, traffic flow and/or pedestrian movement, or to ensure a consistent street alignment with a minimum of undesirable curvature.

A.

Widths.

1.

Right-of-Way Widths. The minimum design standard for right-of-way width shall be as follows:

2.

Paving Widths. The minimum design standard for paving widths shall be as follows:

3.

Arterial and Collector Streets. When extra width is required by the City, the City will pay for the two inches of hot mix, ten inches of crushed limestone base and 0.25 gallons per square yard of asphalt prime in the center portion of the street for that width of street pavement over fifty feet (50') in width.

4.

Rural Subdivisions. Curb and gutter construction is not required in a rural subdivision. However, alternative curbing may be required by the City Engineer.

5.

Standard and Minimum widths. In the tables above, "standard width" means the width generally required for street construction and "minimum width" is a reduced width that may be allowed to accommodate pre-existing situations in developed areas where it is impractical to require the standard width.

B.

Construction Standards and Specifications. The Public Works Director shall hereby be authorized to promulgate appropriate methods, materials and specifications (including graphic specifications) for improving public streets, alleys and drainage facilities within the City of San Angelo and its extraterritorial jurisdiction.

1.

Said methods, materials and specifications shall be in furtherance of (and shall not conflict with) the requirements and policies expressed in this subdivision ordinance or any other applicable ordinance of the City of San Angelo, Texas.

2.

Said methods, materials and specifications may include consideration of particular physiographic conditions which may vary from one specific location to another, within the City limits of San Angelo and its extraterritorial jurisdiction.

3.

Said methods, materials and specifications (as promulgated by the Public Works Director) shall become effective upon ratification by the governing body for the City of San Angelo, with an appropriate resolution therefor.

4.

Upon effectuation by resolution of the governing body, said methods, materials and specifications shall be applicable only to construction and/or improvement of facilities installed and/or required in conjunction with (re)subdivisions shown on final (re)plats approved after the effective date of such resolution by the governing body.

5.

Said methods, materials and specifications shall be reviewed and, if necessary, revised by the governing body for the City of San Angelo, on an annual basis. As a prelude to such review by the governing body, the Public Works Director shall solicit advice from an ad hoc review committee of civil engineers, some of whom work in the private sector and others of whom work in the public sector.

a.

Any updates or revisions to the compilation of methods, materials and specifications (as recommended by the ad hoc review committee) shall be presented for ratification by the governing body, with an appropriate resolution therefor.

b.

In years when no updates or revisions are recommended by the ad hoc review committee, the existing compilation of methods, materials and specifications (for public works improvements) shall be presented for ratification by the governing body, with an appropriate resolution therefor.

C.

Administrative Exceptions to Street Standards. Upon agreement of both the Planning Director and City Engineer, street right-of-way width and pavement standards may be reduced based on the following criteria and standards. If not approved administratively, any such request may proceed to the Planning Commission as a plat variance request.

1.

Criteria. Exceptions to street standards are intended for the following purposes and circumstances and are not intended as a general alternative to the variance process.

a.

Re-subdivisions where lots in a pre-existing subdivision are re-subdivided to re-orient existing lots.

b.

New subdivisions within areas that have been identified by City plans or policies as "infill" areas.

c.

Pre-existing subdivisions where streets were never constructed and no current obligation exists for such construction.

d.

Small-scale residential development, including single-family, two-family, and up to 8-unit apartment buildings. Generally not intended for larger scale development such as apartment complexes and non-residential development.

e.

Situations where the City has constructed or reconstructed a street to a lesser standard with no intention of future widening.

f.

Notwithstanding the above, such exceptions may be considered on a case-by-case basis anywhere within the City but are intended for unique circumstances based on existing development patterns and not simply as a shortcut to the normal variance process.

2.

Standards and limitations.

a.

An existing street may be approved to remain at its current width, or a width less than the full standard width required.

b.

If a street does not exist, a street at a lesser width than the full standard width may be approved based on the predominant existing street construction on adjacent and nearby blocks, with particular acknowledgement of any street that is a continuation of the subject street.

c.

Curb and gutter may be waived or a header curb may be required in lieu of a standard curb and gutter based on the predominant existing street construction on adjacent and nearby blocks, as well as drainage and pavement management considerations.

d.

In no case shall a street be approved with less than 26 feet of pavement width.

(Ordinance adopted 2-7-06, § 3; subsection B. added by Ordinance adopted 4-18-06, § 2; Ord. No. 2019-150, § 4, 11-19-19; Ord. No. 2022-021, § 1, 3-15-22)

No subdivision shall be approved unless the plat and accompanying improvement plans conform to the standards and specifications expressed in this chapter; provided, however, that literal conformance with these standards and specifications shall not be required of subdivision in Planned Development (PD) Districts as shown on the official zoning map for the City of San Angelo, so long as such nonconformance is clearly authorized by the specific language or graphic concept plan of the Planned Development (PD) zoning district wherein the subdivision is situated. Overall accessibility to and availability of public services such as transportation, utilities and drainage shall nonetheless be generally comparable with that required by conventional standards and specifications of this chapter.

(Ordinance adopted 1-4-00; Ord. No. 2023-118, § 1, 12-19-23)

A.

Plat Approval. As a prerequisite for approval of a plat of a new subdivision or replat of an existing subdivision by the City, the developer shall be required to install water transmission and distribution mains and service laterals within and/or adjacent to such new subdivisions as specified and required by the City Water Utility System.

1.

Water Service Required. A public water supply from the City or San Angelo and a distribution system shall be installed, meeting all the criteria or this Chapter and the City of San Angelo Construction Design Standards, whichever are more stringent.

The required public water supply shall not be required in only the following circumstances:

a.

If the proposed subdivision is a minor subdivision, as defined by this Ordinance or

b.

If the proposed subdivision is more than one (1) mile from an acceptable City of San Angelo water source, as determined by the Director of Public Works. When the proposed subdivision is more than one (1) mile from an acceptable City of San Angelo water source, the developer shall provide the distribution system and an acceptable and State licensed water supply system, which shall be dedicated to the City, together with the other subdivision improvements. Upon dedication by the developer and acceptance by the city, the City shall operate and maintain the system. The costs of maintenance and operation shall be borne by the residents of the subdivision, through a fee structure established by the City Council.

2.

Water Service to Existing Subdivisions and Developments. Existing subdivisions and developments outside of the City limits that have not met the design criteria of this Chapter, shall be required to meet these design criteria before water service will be provided. The City Council may contract for construction of necessary improvements with the existing owners or [of] the subdivision or development and assess the total cost of construction, plus interest, to the owners of the existing subdivision or development.

3.

Water Main and Hydrant Plan. After the final plat is approved, the developer shall, at his expense, have an engineer prepare and submit, to the Department of Public Works, complete plans for the water mains and hydrants for the new subdivision. The Department of Public Works shall have not less than three (3) weeks from the date of receipt of such original plans to approve same or request specified additions thereto. If revised plans are required, the Department of Public Works shall have one (1) week from the date of resubmission by the developer for review of the required additions, deletions or other changes. Such procedure shall continue until such plans and specifications meet final approval of the Department of Public Works.

4.

Performance Security. The awarding of a construction contract, and/or advertising for construction bids, shall not occur prior to final plan and specification approval by the Department of Public Works and before the required bonds, securities or sureties as required by the City of San Angelo have been accepted.

5.

Oversized Facilities. In the determination of plans and specifications for the installation of such water facilities for new subdivisions, the Department of Public Works shall require facilities to be constructed to Water System Standards to service the new subdivision, and the Department of Public Works may require the installation of off-site standard size facilities, or on-site and/or off-site oversized facilities to Water System Standards in anticipation of future requirements by land areas adjacent to such new subdivisions.

6.

Connection to Existing System. The Department of Public Works may require such plans to provide for the on-site water distribution system to be connected to the existing water distribution system at more than one point.

B.

Installation Requirements. The developer shall be responsible for the installation of a water distribution system to provide domestic, fire protection, or industrial water within his development.

1.

Design Demand. The distribution system within the development shall provide the total demand of the development. The design shall be based on use as projected by the developer. If the development use is changed after original design is approved, the developer shall provide the additional system, if such addition is required to meet the additional demand. The distribution system shall conform to the requirements and specifications as set forth by the Department of Public Works.

2.

Service Connections. Service connections shall be provided for each lot or parcel of land requiring service. This requirement may be deferred to a later stage of the development process at the discretion of the Director of Public Works or designee as provided at Section II, Chapter 6 of this Ordinance.

a.

Paving Cuts. All precautions shall be taken to avoid paving cuts within the development.

b.

Size and Type. The size and type of services shall conform to the specifications for the development area.

c.

Changes and Additions. All State and City regulations shall be observed, and if at any time after completion of the development, the developer, owner, or builder changes or adds within the development, and such changes or additions require additional water service or fire service coverage, the party causing such additional service shall be responsible for the additional installation requirements.

C.

Construction Procedure.

1.

Installation by a Contractor. The installation of required sized water facilities for new subdivisions may be performed by a contractor selected by the developer, based on the guidelines established by the Department of Public Works.

2.

Oversized Water Facilities. In the case of oversized water facilities installation, the following shall apply:

a.

The Department of Public Works shall pay the difference of cost in pipe size required to oversize.

b.

The Department of Public Works shall purchase the oversized pipe under the competitive bids in accordance with the statutes of the State of Texas and the City Code of the City of San Angelo.

c.

The oversized pipes shall be furnished to the job site by the Department of Public Works, upon request by the developer.

d.

The developer shall be billed for the required size pipe cost and prompt payment of the developer's share shall be made.

e.

The City of San Angelo shall have no liability for the original payment for construction of facilities by the construction contractors. Upon the completion of such construction, pursuant to contract or contracts for construction, the City shall not be a signatory party to such contract or contracts; provided, however, that such construction shall nevertheless be subject to progress inspection by the Department of Public Works and shall be in compliance with all plans and specifications as stated in the Water System Standards.

3.

Performance Bond. All contractors for construction of either standard or oversized facilities shall furnish a performance bond and payment bond executed by the contractor as principal, as provided in Article 160, Vernon's Texas Civil Statutes; and a corporate surety approved by the City of San Angelo, being payable to the City of San Angelo, for the benefit of the account of the Department of Public Works, in the event of default by the contractor. All such bonds shall be in a form approved by the City Attorney.

4.

Inspection. The installation of such water facilities shall be subject to inspection by the Department of Public Works at and under reasonable times and conditions, including the aforesaid final inspection. Such inspections shall be on a regular basis by the Department so as to provide complete inspection or [of] underground or otherwise concealed installations prior to covering and/or concealment.

5.

Letter of City Acceptance. Upon final approval by the Department of Public Works of such completed construction, the Department shall issue its letter of acceptance to the developer, with a duplicate executed original to be furnished by the Department to the Planning Department.

D.

Payment and Reimbursement. The developer shall timely pay the total cost and expenses incurred in the construction and installation of the required facilities to serve the new subdivision, including on-site, off-site, required size and oversized facilities.

E.

Connection to Existing Water Mains. The Department of Public Works may allow new proposed subdivisions to connect onto preinstalled water distribution mains when such property is adjacent to, or in the serviceable area of, such water distribution mains, under the following conditions:

1.

The proposed subdivisions and other entities requiring water service may connect onto previously installed water distribution mains when such newly proposed subdivisions or other entities are located adjacent to, or in the area contemplated to be serviced by such preinstalled water distribution mains, provided that the Department of Public Works has predetermined that such proposed new subdivisions or other entities may be adequately serviced by such preinstalled water distribution mains.

2.

Connections to existing water distribution mains shall be granted by the Department of Public Works upon the satisfactory determination of the aforegoing and upon payment to the Department of Public Works of the appropriate connection charges (front footage, acreage demand and/or water meter installation charges).

F.

Conditional Reimbursement to Developers for Off-Site Water Mains. The Department of Public Works will reimburse, to the developer who installed and/or paid for the installation of off-site water mains and fire hydrants, the front footage, and fire protection charges collected from connection of property adjacent to that off-site water main. The reimbursement period shall be for six (6) years after acceptance by the Department of Public Works of the off-site water mains from the developer. In no case shall the amount of reimbursement exceed the construction cost to the developer of the off-site water mains and fire hydrants. All reimbursement is made to the Department of Public Works by the developer or his assignee. The Department of Public Works, other customers, or developers may extend previously installed water line[s] without any reimbursement to the original installer other than the applicable front footage fee, it any, for abutting property. Reimbursement shall be outlined in contracts between the City and the developer who is paying for the main installation.

(1959 Code, title 9, ch. 4, ex. A; Ord. No. 2019-109, § 6, 8-20-19)

As a prerequisite for connecting to the water system, the City has determined a schedule of fees that shall be charged, which are designed to recover installation and oversizing costs of the water system.

A.

Front Footage Charge.

1.

Abutting a Main. Front footage shall be charged to each lot, block, or parcel of property which abuts a water main installed and/or paid for by a third-party developer or the Department of Public Works.

2.

Exemption. Front footage charges will not be applicable within subdivisions or other developments when a complete central water system was provided as a part of the development.

3.

Payment of Charges. Front footage and fire protection charges are due and payable prior to connection to the water system.

4.

Determining Charges. Front footage charges for water mains which serve adjoining property on both sides of the water main shall be based on the size of the main serving the property, or that portion of an oversized main required to serve the property (8-inch minimum). Such charges shall be one-half (½) of the pro-rata charge set forth by the City Council for each side of the property abutting the main. If a parcel of property has or will have, due to a developer installed extension, water lines on more than one side, but service from only one side, the front footage will be chargeable for the average of the sides abutting the water main or the front footage of the side serving the property, whichever is the largest amount. However, parcels or property served from more than one side shall pay the front footage for all sides from which service is rendered. Front footage charges for water mains which can serve property on only one side of the water main, such as along as [an] expressway, shall be twice the charges as noted above.

5.

Setting of Charges. The front footage charges shall be set, from time to time, by the City Council, to be based on the estimated cost to recover the installation of the water lines installed in accordance with the preceding paragraph.

B.

Fire Hydrant Charge.

1.

State Board of Insurance Criteria. Fire hydrant charges are designed to recover the cost of installing fire hydrants to meet the criteria of the State Board of Insurance. If an adequate number of fire hydrants and/or system flow capability does not meet the current State Board of Insurance requirements, new customers will be required to pay the actual cost of upgrading the fire protection service. Such charge is to be based on the ratio of the serviced area in relation to the fire hydrant radius average.

2.

Setting of Charges. The fire hydrant charge shall be set, from time to time, by the City Council, to be based upon the estimated cost to recover the installation of the fire hydrants installed in accordance with the preceding paragraph.

C.

Water Meter Installation Charge.

1.

Labor, Material, Equipment. Upon written application and payment to the Department of Public Works for the required charges, the Department shall furnish all labor, material, and equipment necessary, in accordance with the standard construction specifications of the Department of Public Works, to provide water service to the customer's curb line. Each applicant shall pay to the Department, prior to the installation and/or initial use, a water meter installation charge.

2.

Backflow Preventers. Backflow preventers shall be required by the Director of Public Works in [as] deemed necessary to protect the water system from possible contamination.

3.

Setting of Charges. Water meter installation charges shall be set from time to time by the City Council, to be based on the estimated cost to recover installation of the said water meters.

D.

User Fee (Water Capital Facilities Charge).

1.

Payment Requirement. A water capital facilities charge shall be paid by each individual property requesting (water) service. The charges shall be as set by the City Council and as changed from time to time. Payment shall be made by each person requesting (water) service and at the time the (water) tap charge is paid. Records of payments of the water capital facilities charges shall be maintained by the Department of Public Works and shall be the sole basis of determining prior payments of the water capital facilities charge. This charge is based upon potential demand of the development to be served. The charge shall be calculated and assessed as determined by the City Council.

2.

Capital Facilities Charges for Existing Facilities. When it can be shown that the installation of a second water meter for the measurement of water not returned to the wastewater system for an existing facility (connected prior to December 30, 1982) will not increase the demand placed upon the water system by that facility, the water capital facilities charge for a second meter shall not be required.

3.

Increasing Water Meter Sizes. A customer desiring a water meter larger than the size of the meter presently in service shall pay to the Department of Public Works the difference between the water capital facilities charge of the larger and smaller meters.

4.

Reduction in Water Meter Size. A customer desiring a reduction in the water meter shall not be refunded any fees paid for water facilities charges.

E.

Service to Areas Beyond the Extraterritorial Jurisdictional Area. The City of San Angelo will permit no extension of water mains or water service beyond the limits of the City's extraterritorial jurisdictional area.

F.

Annexation Required When Water Service Extended Within the City's Extraterritorial Jurisdiction.

1.

Developers of new subdivisions, owners of property within existing subdivisions, and owners of unplatted property, whose land is located outside of the city limits but within the city's extraterritorial jurisdiction and who request extension of city water service to said property or properties, shall voluntarily request in writing that the City of San Angelo annex the area proposed to be serviced. If the City Council agrees to initiate proceedings on the requested annexation, such annexation shall be completed prior to, or concurrent with, approval of the new subdivision and/or extension of City utilities to the existing subdivisions and/or unplatted properties.

2.

Notwithstanding the provisions of subsection 1, the City Council may authorize the extension of City water facilities to industrial users outside the City limits, when such extensions are judged to be in the best interests of the City.

3.

Nothing in this ordinance shall prevent the City Council from extending water service, by contract, to and within an extraterritorial industrial district designated in conformance with V.T.C.A., Local Government Code Section 42.044. (Ordinance adopted 11/28/89)

G.

Establishment of Water System Reimbursement, Repair and Replacement Fund. (Ordinance adopted 11/28/89) The funds collected by the Department of Public Works from the payment of front footage charges and the payment of acreage demand fees, shall be maintained in a separate and specially designed Water Utilities System account. Such funds shall be used only to reimburse the subdivision developer who originally installed and paid for off-site water mains, with the remainder to be used exclusively for the replacement of water mains of the water system and the installation and oversizing of additional water mains as shall be determined by the Department of Public Works, in addition to such water mains as are required to be installed by the developers of new subdivisions. (Ordinance adopted 9/6/88)

(1959 Code, title 9, ch. 4, ex. A)

A.

Required Installations. As a prerequisite for approval of a plat of a new subdivision or replat of an existing subdivision by the City, the developer shall be required to install wastewater mains (either one-site, off-site, standard size, oversize, gravity, or pressure), manholes, and/or lift stations (either one-site, off-site, standard size or oversize), within and/or adjacent to such subdivisions as required by this Chapter and the current Construction Standards of the City of San Angelo, whichever is more stringent. The development may utilize on-site waste disposal only when the development conforms to the On-Site Waste Disposal Ordinance as it exists, or may be amended.

1.

Waste Disposal System Plans. Developers shall, at their expense, prepare and submit to the Department of Public Works, plans for the proposed waste disposal system for proposed new subdivisions. The Department shall have not less than two (2) weeks from the date of receipt of such original plans to approve same or to request specified additions, deletions, or other changes. If revised plans are required, the Department of Public Works shall have one (1) week from the date of receipt for approval and for resubmission to the developer for further required additions, deletions, or other changes. Such procedure shall continue until such plans and specifications meet final approval of the Department of Public Works, prior to awarding of construction contract and/or advertisement for contractors' bids, where applicable.

2.

Waste Disposal System Installation. In the determination of plans and specifications for the installation of such facilities for waste disposal of such new subdivisions, the City shall require facilities based on Wastewater System Standards to service the new subdivision; and the City may require the installation of off-site standard size installation or on-site or off-site oversize facilities per Wastewater System Standards in anticipation of future servicing of waste disposal by land areas adjacent to such new subdivisions.

3.

Intrasubdivision System. The Department of Public Works may require wastewater system plans to provide for the wastewater and other liquid sewerage to be gathered by an intrasubdivision system servicing such new subdivision and to be delivered to an off-site or on-site single location into the City wastewater collection or lift station system. Such system may be required in order to facilitate the overall wastewater system and to meet loading designs in the system.

B.

Final Approval. Wastewater utility systems in proposed new subdivisions shall not be finally approved by the City until such waste facilities have been first fully installed and completed by the developer and finally approved by the Water Utilities Department, with proof of payment in full.

(1959 Code, title 9, ch. 4, ex. A)

A.

Construction.

1.

Construction Contract. The installation of standard size waste facilities for such new subdivisions may be by a contractor selected by the developer, but to be approved by the Department of Public Works, or by contractors selected from competitive bid procedure. The installation of oversized facilities shall be submitted for competitive bid by the developer and the City jointly, with the awarding of contract for the construction to be in accordance with the statutes of the State of Texas and the ordinance requirements of the City of San Angelo; provided, however, that the City shall have no liability for the original payment for the construction of such facilities by the constructing contractors, of completion of such construction, pursuant to contract or contracts for such construction, and the City shall not be a signatory party to such contract or contracts; provided further, however, that such construction shall nevertheless be subject to progress inspection by the Department of Public Works and shall be in compliance with all plans and specifications as approved by the Department.

2.

Bonds and Sureties. All contractors for construction of either standard or oversized facilities shall furnish:

a.

A performance bond and payment bond executed by the contractor as principal;

b.

A corporate surety, approved by the City, authorized to do business in Tom Green County, having an agent upon whom service or [of] citation may be had in Tom Green County; such bond being in an amount equal to the total construction cost and such bond being issuable and answerable to the City and the developer, jointly and severally.

All requirements of the City of San Angelo subdivision requirements regarding bonding and sureties shall be complied with.

B.

Approval.

1.

Inspection. The installation of such waste facilities shall be subject to periodic approval inspection by the Department of Public Works, at and under reasonable times and conditions, including aforesaid final inspection. Such "work in progress" approval inspections shall be prescheduled by the Department of Public Works and the contractors so as to provide for prior inspection by the Public Works Department of underground or otherwise concealed installations prior to covering and/or concealment.

2.

Letter of Acceptance. Upon final approval by the Department of Public Works of completed construction, the Department shall issue a final inspection and letter of acceptance, with duplicate executed original to be furnished by the Department to the Planning Department.

(1959 Code, title 9, ch. 4, ex. A)

The developer shall timely pay the total cost and expenses incurred in the construction and installation of the required facilities to service the new subdivision, including on-site, off-site, standard and oversized facilities.

A.

Oversized Facilities Reimbursement. Should the payment by the developer include payment for oversized main(s) and/or oversized lift station(s) required by the Department of Public Works, the developer shall be reimbursed by the City for a portion of the cost of oversized main(s), and the developer shall be reimbursed by the City for that portion of the cost of the oversized lift station(s) of sufficient size only to service the maximum estimated wastewater and other liquid sewerage disposal of such new subdivision. Reimbursable amounts shall be payable by the City to the developer regardless of the subsequent tie-on to use of such oversized facilities by other and additional users. Any facility that is oversized and requires payment from the City for oversizing, then sealed competitive bids will be required if, the total cost of the project equals or exceeds the limits as allowed by State statute or City requirements. The other method of City participation will be for the City to supply the size main required, and the City to bill the developer or contractor for the size main that will be used by the development.

B.

Tie-On to Oversized Facility.

1.

Location. The Department of Public Works may allow newly proposed subdivisions and/or wastewater disposing facilities of other entities, to tie-on to preinstalled oversized gravity main(s) and/or oversized lift station(s) when such properties are adjacent to or in the serviceable area of such oversized gravity main(s) and/or lift station(s).

2.

Adequacy. In order to tie-on, the Department of Public Works must predetermine that such proposed new subdivision(s) or other entities, may be adequately serviced by such preinstalled oversized main(s) and/or lift station(s).

3.

Determining Tie-on Fee. The Department of Public Works shall determine, by best estimate, the maximum amount of wastewater discharge required to be serviced for such proposed new subdivision and further, determine the percentage the same constitutes of the maximum handling capacity or [of] such oversized gravity main(s) and/or lift station(s). This percentage shall then be multiplied by the cost of installation of that portion of such oversized gravity main(s), and the total of such resulting products shall constitute the tie-on fee.

4.

Granting of Permit. Permit for such tie-on shall be granted by the Department of Public Works upon satisfactory determination of the foregoing, and upon payment to the City of the tie-on fee. The tie-on fee shall be in addition to the tap fee(s) and/or user fee(s) as hereinafter provided.

C.

User Fee (Wastewater Capital Facilities Charge). A (sewer) capital facilities charge shall be paid by each individual property requesting (sewer) service. The charges shall be as set by the City Council and as changed from time to time. Payment will be made by each person requesting (sewer) service and at the time (sewer) tap charge is paid. Records of payments of the wastewater capital facilities charges shall be maintained by the Department of Public Works and shall be the sole basis of determining prior payments of the wastewater capital facilities charge. This charge is to be used to pay a portion of the wastewater treatment plant expansion. This charge is based upon potential demand of the development to be served. The charge shall be calculated and assessed as determined by the City Council.

(1959 Code, title 9, ch. 4, ex. A)