This Article sets out the procedure and standards for submitting plats, for subdividing property, for the layout and development of lots, land and subdivisions within the city limits and within Zone 2 of the extraterritorial jurisdiction, and to guide and assist developers in correct procedures to be followed and to furnish information of standards required. This Article is also intended to promote the safe, orderly, and healthful development of the city by controlling the location, width, design, and type of streets, sidewalks, storm sewers, culverts, bridges, utilities, and essential services required. (Ord. No. 0-2000-11, 3-1-2000) (Ord. No. 0-2003-50; 9/24/03)

   a.   Except as otherwise provided, these regulationsapply to all subdivisions of land, located within both the City limits and within the City's extraterritorial jurisdiction.

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

      1.   The division of land into parts greater than five acres, where each part has access and no required public improvement is to be dedicated

      2.   The creation of a remainder of a tract caused by the platting of a portion of the tract, provided the remainder is larger than five acres and subject to the following criteria.
         a. A valid preliminary plat must be approved for the development.
         b. The calculation of a remainder area(s) will be determined by the contiguous amount of unplatted developable land.
         c. Floodplain areas identified on the preliminary plat are not required to be included on a final plat and may not be considered part of the remainder area calculation. In the case a proposed street shown on the preliminary plat or Master Street Plan is adjacent to or crosses a floodplain area, the right-of-way for the street must be dedicated in accordance to the phasing plan on the preliminary plat.
         d. Any area of land required to be dedicated as Master Street Plan right-of-way or is proposed to remain undevelopable may not be considered part of the remainder area calculation.
         e. In no case shall a final plat exclude land so as to leave a remainder or portion of a remainder of such size, shape, or location as not to be developable in accordance with the requirements of the Subdivision ordinance, Sec. 10-165 pertaining to reserve strips, or any other section of this ordinance. (Ord. No. 0-2017-100; 11/8/17)

      3.   The creation of a leasehold for agricultural use of the subject property, provided that the use does not involve the construction of a building(s) to be used as a residence or for any purpose not directly related to agricultural use of the land or crops or livestock raised thereon.

      4.   The division of property through inheritance, the probate of an estate, or by a court of law.

   e.   Land within an industrial park may be subdivided by metes and bounds unless such division includes the planning or development of a new street or access easement, floodway easement, or extension of city owned water and/or sewer mains to serve the property. Such development must conform to all other rules and regulations set forth herein. (Ord. No. 0-2000-11, 3-1-2000)

   a.   Plats Straddling Municipal Boundaries

      Whenever access to the subdivision or addition is required across land in another municipality, the development services engineer may request assurance from that municipality's Attorney that access is legally established, and from its engineer that the access road is adequately improved, or that a bond has been duly executed and is sufficient in amount to assure the construction of the access road. In general, lot lines should be laid out so as not to cross municipal or county boundary lines.

   b.   Character of the Land

      Land that is unsuitable for subdivision or development due to flooding, utility easements, or other features which will reasonably be harmful to the safety, health, and welfare of the present or future inhabitants of the subdivision or addition and/or welfare of its surrounding areas, must not be subdivided or platted unless adequate methods are formulated by the owner and accepted by the development services engineer.

   c.   Adequate Public Facilities Policy

      The land proposed for subdivision must be adequately served by essential facilities and services. Design of improvements must conform to the Design Guidelines for Subdivision Improvements. These services include street access, water, waste water disposal, and off-site drainage. No plat or replat may be approved unless it conforms to this policy and its standards. This policy may be further defined and supplemented by other city ordinances.

         All platted lots must have safe and reliable access for daily use and emergency purposes.

         (a)   Safe and reliable access to platted lots must be provided via an improved public street, private street, or an approved private way, and connected by improved public streets to an improved public thoroughfare. (Ord. No. 0-2014-97; 10/22/14)

         (b)   All subdivisions must have adequately designed access or approach as approved by the development services engineer. Where development phasing or constraints of the land prevent the provision of a second, separate means of access, the city may accept a temporary street connection, or a median divided street or entry to satisfy this requirement.

         All platted lots must be connected to a state approved water system.

         (e)   The developer of a subdivision in Zone 2 of the extraterritorial jurisdiction must obtain from a Smith County-designated agent a letter indicating whether or not the subdivision complies with the requirements of Texas Health and Safety Code Chapter 366, and Title 30 Texas Administrative Code Chapter 285, and Title 30 Subchapters A and G, Licenses and Responsibilities.

         Increased stormwater runoff attributable to new development must not exceed the capacity of the downstream drainage system or adversely affect adjoining or downstream property. Where the projected runoff would exceed capacity, the city may accept the phasing of development, the use of control methods such as retention or detention, and/or the construction of off-site drainage improvements as means of mitigation.

a.   General

 

Developers are required to bear the entire cost to design, construct, and install the minimum infrastructure required to service their development. Infrastructure improvements exceeding the minimum requirements to serve the property that are requested by the City as an exaction for development must be roughly proportional to the impact of the development. The required public improvements will be determined by the developer's professional engineer and approved by a professional engineer retained by the City of Tyler.

 

b.   Determination

 

Rough proportionality shall be determined by comparing the additional amount of traffic capacity which will be supplied to the transportation network by the requested infrastructure improvements to the number of vehicle trips created by the proposed development. If the traffic demand created by the proposed development is roughly equal to or greater than the increase in traffic capacity supplied by the requested improvements, then the improvements are proportional.

 

c.   Supply Calculation

To calculate the supply being added to the transportation network by the requested improvements, the length of the street adjacent to the subdivision (in miles) is multiplied by the number of additional lanes being added to the system and multiplied by the traffic capacity which the lane can carry. The length of street adjacent to a subdivision shall be determined by a survey provided by the owner. The number of lanes required for a street shall be based on the adopted Master Street Plan. When the Master Street Plan calls for wider lanes than the minimum requirement according to Sec 10-155, the number of additional lanes used for the supply calculation shall be the difference between the minimum and Master Street Plan widths divided by the width of a single lane.

If additional street width is constructed to allow for on street parking, the developer may get credit for an additional lane of traffic provided that the additional street width is at least nine feet wider than the minimum required street width. The capacity of a street is also based on the street's designation in the Master Street Plan. Table 10-103a lists the capacities for different street designations. (Ord. No. O-2018-17; 2/14/18)

 

Length of Improvement x Number of Lanes x    Capacity       =    Supply
(miles) (lane)    (vehicle-miles/lane-mile)       (vehicle-miles)

d.   To calculate the demand created by a site, the peak hour traffic generated by the site is
multiplied by the average trip length. According to the latest Tyler and Smith County Texas travel surveys, the average trip length for Tyler/Smith County is 6.1 miles. Many of Tyler's arterial roads are state highways which are maintained by TxDOT. For the proportionality calculation, only impacts to City maintained roads will be considered. To solely account for impacts to the City transportation network, the trip length has been reduced to 1.5 miles. The traffic generated by a site varies based on the use of the land. The peak hour traffic values for different uses are listed in the latest edition of the Trip Generation Manual published by the Institute of Transportation Engineers (Ord. No. 0-2024-68; 7/24/24)

 

A property owner or applicant for preliminary or final plat approval may file a petition for relief from a dedication or construction requirement that is applied or imposed as a condition of approval of a preliminary plat, or final plat. The procedures for filing such a waiver are set forth in this code.

   a.   Petition for Relief

      The property owner or applicant must submit a written petition for relief to the Planning Department at least 10 days prior to the Planning and Zoning Commission's consideration of the plat. The petition must list the reasons for the waiver request and must indicate the dedication and/or construction requirements for which relief is being requested.

   An applicant may also submit a petition for relief from conditions of plat approval added by the Commission in its consideration of a plat. This petition must be submitted no later than 10 days following the commission's action.

   b.   Consideration of Plat

      After receipt of a petition for relief, the Planning Department will schedule consideration of the plat together with development exaction waiver within the 30-day time frame required by state law.

   c.   Study Required

      The petitioner must provide a study in support of the petition at the time the written petition is filed. The Planning Director may extend the time for submitting the study upon the request of the applicant. The study must include the following information:

      1.   Total capacity of the City's public infrastructure system or improvements to be dedicated to the City to be utilized by the proposed subdivision, employing standard measures of capacity and equivalency tables that relate to the type of development proposed to the quantity of system capacity. In no case may the calculation of the capacity used by a proposed commercial or multifamily development be based on development intensities less than the mid-point of intensity allowed by the particular zoning for the property or the specific use being sought. If the proposed subdivision is to be developed in phases, such information must be provided for the entire development, including any phases already developed.

      2.   Total capacity to be supplied to the City's public infrastructure system by the proposed dedication of an interest in land or construction of capital improvements. If the development application is part of a phased development, the information must include any capacity supplied by prior dedications or construction of capital improvements.

      3.   Comparison of the capacity of the City's public facilities system to be consumed by the proposed subdivision with the capacity to be supplied by the proposed dedication of an interest in land or construction of capital improvements. In making this comparison, the impacts on the City's public facilities system from the entire development will be considered.

      4.   The effect of any City participation in the costs of oversizing the capital improvements to be constructed in accordance with the City's requirements.

   d.   Processing of Petition

      The Engineering Department will evaluate the petition and supporting study and make a recommendation to the Planning and Zoning Commission based upon the petitioner's study and his/her own analysis. Engineering may use any reasonable methodology and information in evaluating the petitioner's study. In making a recommendation based on the study the following criteria will be considered:

         -Neighborhood Connectivity and street network
         -Drainage
         -Topography
         -Continuity of neighborhood design
         -Access
         -Street alignment
         -Possible resubdivision of remainder

   e.   Consideration of Petition for Relief

      The petition for relief will be considered by the Planning and Zoning Commission when the plat is considered. Based upon the application, supporting study and Engineering's report, the Commission will determine whether the application of the regulations for dedication or public improvements is roughly proportional to the nature and impact created by the development. The Planning and Zoning Commission will take one of the following actions in considering the petition for relief:

      1.    Deny the petition for relief, and impose the standard or condition requiring dedication or construction of capital improvements in accordance with the regulations contained within this ordinance.
      2.    Recommend to City Council approval of the petition for relief, in whole or in part, for any dedication or construction requirement necessary to meet the criteria for final approval.
      3.    Accept alternative designs for the public infrastructure system or improvements to be dedicated to the City.
      4.    Delay the imposition of the requirement until a future phase of development. If a delay is granted, the future phase of development must be clearly defined. (Ord No. 0-2011-45, 6/8/11)

   f.   Criteria for Approval

      The City Council will determine whether the application of the regulations requiring dedication of an interest in land for public improvements or construction of capital improvements is roughly proportional to the nature and extent of the impacts created by the proposed development on such water, wastewater, roadway, or drainage system, and reasonably benefits the development. The Council will take into account the evidence submitted by the petitioner and Engineering's report and recommendation. (Ord. 0-2012-38, 4/25/12)

   g.   Appeals

      The decision of the Planning and Zoning Commission on a petition for relief may be appealed in accordance with Article VIII of this code. An appeal constitutes authorization for the plat to also be placed on the City Council's agenda for consideration and action.

   h.   Lapse of Plat Approval

      If relief is granted to the petitioner, it will remain in effect for the time period specified for each type of plat, and will end upon expiration of the plat.

   i.   Plat Modification

      If a plat for which relief was granted is modified to increase the number of residential units or the intensity of nonresidential uses, Engineering may require a new study to validate the relief. The petition for relief and new study must be submitted and processed according to the procedures outlined above. (Ord. No. O-2018-17; 2/14/18)

      The proposed name of the subdivision or addition must not duplicate, or too closely approximate phonetically, the name of any other subdivision or addition in the area covered by these regulations and must, where possible, correspond to named subdivisions or additions in the immediate vicinity. The planning and zoning commission will have final authority to approve the name of the subdivision or addition.

      1.   All lot corners will be located and marked with minimum ½- inch reinforcing bar, minimum 24 inches in length, and will be placed flush with the ground or counter sunk, if necessary, in order to avoid being disturbed.

      2.   Iron rods, minimum ½ inch in diameter and minimum 24 inches long, will be placed on all boundary corners, block corners, curve points, and angle points in public rights-of-way. Monuments will be located as required by the Texas Board of Professional Surveyors and will be located along all drainage/floodway boundaries at all curve points, angle points and at least one monument at lot corners. One monument may serve two lots if located at a common corner.

The lot arrangement must be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with the unified development code, building code and other applicable ordinances, laws, and regulations.

Driveway access must be provided to buildings on the lots from an approved street, alley, or private way. (Ord. No. 0-2014-97; 10/22/14)

Lot dimensions must comply with the minimum standards of the unified development code. In general, side lot lines must 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. Dimensions of corner lots must be large enough to allow for erection of buildings. Depth and width of properties reserved or laid out for business, commercial, or industrial purposes must be adequate to provide for the off-street parking, landscaping, and loading facilities required for the type of use and development contemplated, as established in the unified development code.

Double frontage lots should be avoided except where necessary to separate residential development from limited-access highways, thoroughfares, or arterial streets or to overcome specific disadvantages of topography and orientation. Where they are platted they must meet the following requirements:

   a.   Restricted Access

      1.   Driveway access to a double frontage lot must be provided from the street with the lowest classification.

      2.   The city may require that a notation be placed on the plat to limit the facing of main structures to the street with the higher classification.

      3.   A minimum six feet high uniform wood fence or masonry wall is constructed the full length of the rear yards abutting the second roadway. Add masonry columns and minimum three brick course when abutting arterial.

      4.   Where a double frontage lot has been created that abuts more than one public right-of-way, and at least one of these rights-of-way is a freeway, limited-access highway, thoroughfare or arterial street, the subdivider may be required by the city to relinquish all rights of access to, and from, such lots across the lot lines abutting such freeway, limited-access highway, thoroughfare or arterial.

      5.   Trees are encouraged to be planted between the fence and the abutting street.

   b.   Lot Dimensions

      Double frontage lots must be at least [100 feet in depth] so as to provide adequate rear yard area for screening and buffering of the rear of the structure, as required by this section.

   a.   The city encourages developers to limit block length to 600 feet, but the length may be varied according to circulation, topography, and provisions of the master street plan. In no case should a block length exceed 1,200 feet in length without approval of the Planning Commission.

   d.   The lengths, widths, and shapes of blocks must be appropriate for the locality and the type of development contemplated.

   a.   General Requirements

      A non-residential plat will be subject to all the requirements of these regulations, except those that clearly pertain only to residential properties, as well as such additional standards as may be required by the planning and zoning commission, and must conform to the proposed land use and standards established in the Tyler 1st Comprehensive Plan and this development code. Site plan approval and plat approval may proceed simultaneously at the discretion of the commission. (Ord. No. 0-2014-33; 4/23/14)

   b.   Design Principles

      In addition to the regulations in this section, which are appropriate to all platting, the applicant must demonstrate to the satisfaction of the planning and zoning commission that the street, parcel, and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles must be observed:

      1.   Proposed non-residential parcels must be suitable in area and dimensions to the types of non-residential development anticipated.

      2.   Street rights-of-way and pavement must be adequate to accommodate the type and volume of traffic anticipated to be generated thereupon.

      3.   Residential areas must be protected from potential nuisance from a proposed non-residential plat.

      4.   Streets carrying non-residential traffic, especially truck traffic, may not normally be extended to the boundaries of adjacent existing or future residential areas, except where required by the master street plan.

   c.   Frontage Standards

      All non-residential lots established after April 24, 2008 must conform to the requirements of the specific zoning district as set forth in Article II.

   a.   Soil preservation and final grading must conform to the regulations set forth in Article VII, Division E.

   b.   Debris and Waste

      No cut trees, timber, debris, large rocks or stones, junk, rubbish or other waste materials of any kind must be buried in any land, or left or deposited on any lot or street at the time of final acceptance by the development services engineer and removal of those items and materials will be required prior to such acceptance. No items and materials as herein described may be left or deposited in any area of the subdivision or addition at the time of expiration of any improvement agreement or acceptance of dedication of public improvements, whichever is sooner. However, dirt or topsoil stockpiled for more than six months on a property requires approval of the development services engineer.

The purpose of this division is to ensure that features installed to restrict access to gated developments do not pose a threat to the health, safety, and welfare of residents within gated developments. This section does not apply to individual property owners who install restricted access devices for individual lots.

Gated developments are permitted only in the following zoning districts:

   a.   PUR Planned Unit Residential District
   b.   NR Neighborhood Residential District
   c.   PMF Planned Multi-Family District
   d.   R-MF Residential District
(Ord. No. 0-2019-87; 10/8/19)

All gate installations must conform to the following specifications:

   a.   Gate design may incorporate one or two gate sections. The minimum gate width opening for one-way traffic is 14 feet. The minimum gate width opening for two-way traffic is 24 feet.

 

   d.   An escape lane must be provided before the gates for those denied entrance to the development.

Minimum gate design standards

(Ord. No. 0-2016-76; 08/24/16)

 

   a.   Each entrance to a gated development must have a Knox Key Operated Dual Switch (KS-2DPDC), which must meet the following requirements:

      1.   Must have a switch designated for FIRE and POLICE.

      2.   Each switch must allow for emergency override of any electrical devices.

      3.   Red in color.

      4.   Each box must be at least five inches high, five inches wide, and 1.5 inches deep.

      5.   Switches must be located to be easily accessible and visible to service providers. Locations of switches are subject to approval at the time of building permit by all affected city departments.

   c.   Access for mail carriers must be provided as required by the U.S. Postal Service.

   a.   A building permit is required for installation of restricted access devices.

   d.   The operator of any development subject to these regulations must immediately notify the fire and police departments of any changes.

   a.   The mechanical components of the restricted access device must be serviced on a regular basis and maintained in an approved operating condition.

   d.   A power supply must be maintained to electronic components of the restricted access device at all times.

   a.   All streets, gates, and other fire protection features, signage, and equipment are subject to periodic inspection by the city and must be repaired immediately if found to be in condition of disrepair. The city will have the right to enter the subdivision and disable, open, or remove any gate, device, or other feature that impedes or controls vehicle access at the sole expense of the homeowner’s association.

   d.   Upon failure of the performance test, the gates must be disabled and maintained in the open position until repaired and retested.

The person or corporation in control of the property is responsible for, and liable for any violations. This includes, but is not limited to, the developer, property owner, the homeowner’s association, if applicable, or other who may own or exercise control over the property.

   a.   All gate installations must be approved by the development services engineer prior to installation. The installation must be completed and tested prior to being operational.

   b.   All existing gated and restricted access developments subject to these requirements must be in full compliance with this section by April 24, 2008. (Ord. 9-98-69; 8/26/98)

Except as provided below, before the issuance of any building permit all applicants are required to complete, in accordance with the city's decision and to the satisfaction of the development services engineer, all the street, sanitary, and other public improvements, as well as lot improvements on the individual residential lots of the subdivision or addition as required in these regulations, specified in the final plat, and as approved by the planning and zoning commission, and to dedicate those public improvements to the city. As used in this section, "lot improvements" refers to grading and installation of improvements required for proper drainage and prevention of soil erosion.

   a.   Agreement

      The development services engineer may waive the requirement that the applicant complete and dedicate all public improvements and may permit the developer to enter into an improvement agreement by which developer covenants to complete all required public improvements no later than two years following the date on which the final plat is signed. The planning and zoning commission may also require the developer to complete and dedicate some required public improvements prior to final acceptance and to enter into an improvement agreement for completion of the remainder of the required improvements during such two-year period. The improvement agreement may contain such other terms and conditions as are agreed to by the developer and the city.

   b.   Agreement Required for Oversize Reimbursement

      The city will require an improvement agreement pertaining to any public improvement for which the developer may request reimbursement from the city for oversize costs as provided in Chapter 19 of the City Code for water and sewer improvements and Article IV, Division D of this code for all other improvements. The city council may authorize the approval of such agreement as meeting the city requirements, and the city will not withhold approval as a means of avoiding compensation due under the terms of this code.

   c.   Security

      Whenever the city permits a developer to enter into an improvement agreement, it may require the developer to provide sufficient security, covering the completion of the public improvements. The security must be in the form of cash escrow or, where authorized by the City, a letter of credit or other security acceptable to the city attorney, as security for the promises contained in the improvement agreement. In addition to all other security, for completion of those public improvements where the city participates in the cost, the contractor must provide a performance bond, with the city as a co-obligee. Security must be in an amount equal to 100 percent of the estimated cost of completion of the required public improvements and lot improvements. The issuer of any surety bond and letter of credit will be subject to approval of the city attorney.

   d.   Letter of Credit

      If the planning and zoning commission authorizes the developer to post a letter of credit as security for its promises contained in the improvement agreement, the letter of credit must:

      1.   Be irrevocable.

      2.   Be for a term sufficient to cover the completion, maintenance, and warranty periods but in no event less than two years.

      3.   Require only that the city present the issuer with a sight draft and a certificate signed by an authorized representative of the city certifying to the city's right to draw funds under the letter of credit.

   e.   Reduction to Letter of Credit

      As portions of the public improvements are completed in accordance with the standard specifications and the engineering plans, the developer may make application to the development services engineer or designee to reduce the amount of the original letter of credit. If the development services engineer or designee is satisfied that such portion of the improvements has been completed in accordance with city standards, development services engineer may cause reduce that the remaining amount of the letter of credit to an amount that adequately insures the completion of the remaining public improvements.

   f.   Reduction in Required Security

      Upon the dedication of and acceptance by the city of all required public improvements, the city may authorize a reduction in the security to 10 percent of the original amount of the security if the developer is not in breach of the improvement agreement. The remaining security must be for the developer’s covenant to maintain the required public improvements and the warrant that the improvements are free from defect for one year thereafter. If the required security for maintenance and warranty is provided by the contractors or by others, the city will release the entire amount of the developer security.

The developer must build and pay for all costs of temporary improvements required by the development services engineer and must maintain those temporary improvements for the period specified by the planning and zoning commission. Prior to construction of any temporary facility or improvement, the developer must file with the city a separate improvement agreement and escrow or, where authorized, a letter of credit, in an appropriate amount for temporary facilities, which agreement and escrow or letter of credit must ensure that the temporary facilities will be properly constructed, maintained, and removed.

No building permits will be issued for plats for which no improvement agreement has been executed and no security has been posted. In those cases where an improvement agreement has been executed and security has been posted and required public improvements have not been installed within the terms of the agreement, the city may:

   a.   Declare the agreement to be in default and require that all the public improvements be installed regardless of the extent of completion of the development at the time the agreement is declared to be in default;

   d.   Exercise any other rights available under the law.

   The developer must maintain all required street, utility, and drainage improvements for a period of one year following the acceptance by the city. The developer must also provide a warranty, in the form of a maintenance bond in the amount of 100 percent of the construction cost guaranteeing that all public improvements will be free from defect for a period of one year following such acceptance by the city. (Ord. No. 0-2000-11, 3-1-2000) (Ord. No. 0-2006-19, 2/8/06) (Ord. No. 0-2019-62; 8/14/19)

   a.   The developer will be responsible for the entire costs of designing and installing all public improvements which primarily serve the subdivision or addition. Facilities required by these regulations will be considered as primarily serving the subdivision or addition unless otherwise determined by the City.

   e.    Water and sewer facilities must be extended by the developer in accordance with City Code Chapter 19. (Ord. No. O-2018-17; 2/14/18)

The developer is encouraged to inquire about City participation at a time before or upon submittal of the preliminary plat. The City may participate in the costs of installing public improvements according to the following schedule:

   a.   Water and Sewer Utilities

      Funding of water and sewer utility improvements must be in accordance with City Code Chapter 19.

   b.   Drainage

      The developer must bear the full cost of all drainage structures including inlets, culverts, storm sewers, manholes, and subdrains required to carry storm drainage or groundwater on or across the property of its origin. The City may, at its option, participate in the cost of drainage improvements. Participation must be approved individually on the merits of the work and the availability of funds by City Council. Section 10-569 of this chapter governs the City's participation in controlling flooding and erosion with creeks and drainage courses.

   c.   Paving

      The cost of clearing, excavation to a depth of one foot, subgrade stabilization, installing curb and gutter, and paving will be the sole responsibility of developer for standard width streets as set forth in Sec. 10-155. If funds are available, the City will pay for a proportionate share of the clearing, paving, curb and gutter medians, subgrade stabilization, excavation to a depth of one foot, and drainage structures in excess of 32 feet between the face of curbs in single family residential zoned property, and in excess of 40 feet between the face of curbs in property zoned other than single family residential, if such extra width is required by the City, and upon approval by City Council prior to beginning any construction on said street(s).

   Where the proposed subdivision is adjacent to both sides of an existing substandard street or road, said street or road being substandard according to City of Tyler's Standard Specifications, the developer will be required to improve the existing street or road to bring same to City standards, or to replace it with a standard City street or road, at no cost to the City, other than as set out in the cost-sharing policy of the City in effect at the time of approval of the final plat. Where the proposed subdivision is adjacent to only one side of a substandard street or road, and/or where, in the City's judgment, it is not feasible to reconstruct said substandard street or road at the time of development of said subdivision, the City may permit the developer to provide the City an escrow payment for an amount of money equal to the developer's share of the cost of said improvements which will be calculated by the developer's engineer and approved by a professional engineer retained by the City of Tyler, as a condition precedent to approval of said final plat of said subdivision and as a condition precedent to acceptance of the public street or road. (Ord. No. 0-2013-77; 8/28/13) (Ord. No. O-2018-17; 2/14/18)

   a.   Eligibility

      As outlined in Sec. 10-103, developers are required to bear the entire cost to design, construct, and install the minimum infrastructure required to service their development. The City may grant the developer relief from constructing the additional improvements only under the following circumstances:
      1.   Where required street improvements are associated with a project that is listed on the current City of Tyler Half Cent Sales Tax Fund 231 Ten Year Forecast through submission of an escrow deposit.
      2.   When the City agrees that compliance with the minimum infrastructure required will require that the applicant construct both his/her portion of the street and the other half of the street, the applicant may voluntarily enter into an agreement with the City to accept an escrow deposit for a period not to exceed 20 years, subject to the terms and conditions of such agreement.
   b.   Deposit with City

      Whenever the City agrees to accept escrow deposits in lieu of construction by the developer of the property under these regulations, the developer must deposit an amount equal to his/her share of the costs of design and construction in escrow with the City plus an additional 20 percent at time of original deposit. Such amount must be paid prior to release of construction plans by Engineering. In lieu of such payment at such time, the City may permit the developer to contract with the City and must agree in such contract that no building permit will be issued for any lot included within said plat, or increment thereof, until the full amount of the escrow is paid, or a pro rata part thereof for the full increment if developed incrementally. The obligations and responsibilities of the developer will become those of developer's transferees, successors and assigns; and the liability, therefore, will be joint and several.

   c.   Determination of Escrow Amount

      The developer will be required to retain the services of an engineer to calculate the escrow amount based on the required public improvements as referenced in Sec 10-103a. The City may, at its sole discretion, on a case by case basis calculate the required escrow. The amount of the escrow will be determined using best practices for design and construction costs at the time the escrow is due here under.

   d.   Refunds

      Escrows which have been placed with the City under this section which have been held for a period of 10 years, unless otherwise authorized under Subsection a(2) of this Section, from the date of such payment, in the event that the city has not authorized the preparation of plans and specifications for construction of such roadway facilities for which the escrow was made, must, upon written request, be returned to the developer, with accrued interest.
 
      If any street or highway for which escrow is deposited for is constructed, or is reconstructed by another governmental authority at no cost to the City, the escrowed funds and accrued interest will be refunded to the developer after completion and acceptance of the public improvements. In the event that a portion of the cost is borne by the City and the other portion of the cost by another governmental authority, the difference between the developer's actual proportionate cost and the escrowed funds, including accrued interest, if any, will be refunded after completion and acceptance of the improvements.

   e.   Interest Limitation

      If money is refunded within six months of deposit, only the principal will be refunded. Monies returned after this date will be refunded with interest accrued, calculated at one percent less than the rate of actual earnings.

   f.   Payment of Fees, Charges, and Assessments

      As a condition of plat approval, the developer must pay all fees, charges and assessments required to assure adequacy of public facilities to the subdivision or addition, as may be imposed under these or other regulations of the City. (Ord. No. 0-2000-11, 3-1-2000) (Ord. No. 0-2006-19, 2/8/06) (Ord. No. O-2018-17; 2/14/18)

   a.   Zones

      The City and extraterritorial jurisdiction thereof is hereby divided into four zones in accordance with a map labeled "Extraterritorial Jurisdiction Exhibit A" which is made a part of this code. It is available for review in the City Clerk's office and Planning Department. (0-2004-81, 10/13/04) (0-2005-12, 1/26/05) (Ord. No. O-2018-17; 2/14/18)
      1.   Zone 1: Urban Standards

         This zone includes all area inside the City limits.

         This zone includes all areas within the ETJ lying beyond Zone 1, except for areas that exist solely due to the extension of the ETJ created by the highway right-of-way annexations along U.S. Highway 69 North, and U.S. Highway 271 North, and except for City -owned land in the ETJ contiguous to Lake Tyler.

         This zone includes all areas within the ETJ which exist solely due to the extension of the ETJ created by the highway right-of-way annexations along U.S. Highway 69 North, and U.S. Highway 271 North.

         This zone includes City -owned land contiguous to Lake Tyler and within the ETJ. (Ord. No. O-2018-17; 2/14/18)

   b.   Extraterritorial Map of the City of Tyler

      1.    Pursuant to State law, the ETJ Map Exhibit "A" establishing the boundaries of the zones will be reviewed and amended at each annexation. The review may include consideration of the current growth patterns, historical growth of the City, Tyler 1st Comprehensive Plan, the current urban transportation study, the annual report of the State Highway Department and the current water and sewer extension capacity of the City.
(0-2011-101, 11/16/11) (Ord. No. 0-2012-45; 5/23/12) (Ord. No. 0-2014-33; 4/23/14) (Ord. No. 0-2015-8; 1/14/15) (Ord. No. O-2018-17; 2/14/18)

      2.    That the following actions, ordinances, resolutions and interlocal agreements set forth below are hereby ratified, adopted and approved by the City Council of the City of Tyler, Texas:

         (a)   On August 11, 2010, the Tyler City Council approved an Interlocal Agreement with the City of Bullard, establishing the boundaries and extraterritorial jurisdictions of the two cities.

         (b)   On June 22, 2011, the Tyler City Council approved an Interlocal Agreement with the City of Lindale, establishing the boundaries and extraterritorial jurisdictions of the two cities.

         (c)   On November 16, 2011, the Tyler City Council adopted Ordinance No. 0-2011-101, accepting a petition from the City of Tyler pursuant to Texas Local Government Code Section 42.022(b), including certain City-owned areas and lands in and around Lake Tyler and Lake Tyler East and not within the existing extraterritorial jurisdiction of another city to be included within the City of Tyler extraterritorial jurisdiction.

         (d)   On December 14, 2011, the Tyler City Council approved an Interlocal Agreement with the City of Chandler, establishing the boundaries and extraterritorial jurisdictions of the two cities.

         (e)   On January 11, 2012, the Tyler City Council approved an Interlocal Agreement with the City of Winona, establishing the boundaries and extraterritorial jurisdictions of the two cities.
         (f)   On February 8, 2012, the Tyler City Council adopted Resolution No. R-2012-5, approving an Interlocal Agreement with the City of Whitehouse, establishing the boundaries and extraterritorial jurisdictions of the two cities.

                                (g)    On March 28, 2012, the Tyler City Council again approved an Interlocal Agreement with the City of Winona, establishing the boundaries and extraterritorial jurisdictions of the two cities.

         (h)   On May 23, 2012, the Tyler City Council adopted Ordinance No. 0-2012-44, accepting a petition from the City of Tyler pursuant to Texas Local Government Code Section 42.022(b), to include the remaining City-owned areas and lands in and around Lake Tyler and Lake Tyler and Lake Tyler East, and not within the existing extraterritorial jurisdiction of another city, and that were not governed by Tyler Ordinance No. 0-2011-101, to be included within the City of Tyler extraterritorial jurisdiction.

          (i)   That the official City of Tyler Extraterritorial Map in subsection b.1.. is hereby altered and amended so as to include the areas and lands described in subsection b.2. (Ord. No. 0-2012-45; 5/23/12)

   c.   Standards for Improvements by ETJ Zone

         All provisions of Article IV (Subdivision Design and Improvements), Article V (Streets and Thoroughfares), Article VI (Development Standards), Article VII (Environmental Regulations) will apply.

         2.   Zone 2-Suburban

         Unless otherwise provided, all provisions of Article IV (Subdivision Design and Improvements) and Article V (Streets and Thoroughfares) will apply, however, Division E relating to design standards for curb and gutter will apply only to new streets being created but not existing County maintained roads. Division E. requirements to curb and gutter applicable to new streets being created may be waived by the City Council provided that such waiver would not be harmful to the orderly growth of the city and would be consistent with good planning principles. In considering a waiver, the City Council must consider all related factors including but not limited to the density of population, the proximity to the city limits, the growth patterns of the city, the proximity of the adjacent subdivisions, the proximity to available city services, and the drainage characteristics of the area. If Division E. requirements to curb and gutter on new streets are waived by the City Council, the Article V., Streets and Thoroughfares, Division E. requirements relating to sidewalks are also waived. (Ord. No. 0-2009-19; 3/11/09) (Ord. No. 0-2010-20; 3/10/10) (Ord. No. 0-2012-38, 4/25/12) (Ord. No. O-2018-17; 2/14/18)

         Plats and subdivisions in Zone 3 will be governed by Smith County regulations per the interlocal agreement. (Ord. No. 0-2003-50, 9/24/03)

         All provisions of Chapter 19, Division 5 of the Tyler City Code will govern. (0-2005-69; 9/14/05)

   d.   Subdivisions Straddling ETJ Zones

      Where a portion of a subdivision lies within Zone 1 and Zone 2, Zone 1-Urban will be required for the entire subdivision. Where a portion of a subdivision lies within Zone 2 and a portion lies within Zone 3, Zone 2-Suburban will be required for the entire subdivision. (Ord. No. 0-2000-11, 3-1-2000; 0-2012-44, 5/23/12)

 

Annexations: (0-2005-4, 1/12/2005; 0-2005-48, 7/13/05; 0-2005-82, 10/26/05; 0-2005-89, 11/9/05; 0-2006-2, 1/11/06; 0-2006-44, 5/24/06; 0-2006-85, 10/11/06; 0-2007-53, 5/15/07; 0-2007-122, 10/24/07; 0-2007-123, 10/24/07; 0-2007-124, 10/24/07; 0-2008-11, 1/23/08; 0-2008-12, 1/23/08; 0-2008-20; 2/27/08; 0-2008-49, 4/24/08; 0-2008-132, 10/8/08; 0-2008-136, 10/22/08; 0-2008-152, 12/10/08; 0-2009-31, 6/22/09; 0-2009-44, 7/22/09; 0-2009-45, 4/22/09, 0-2009-46, 4/22/09; 0-2009-47, 4/22/09; 0-2009-48, 4/22/09; 0-2009-49, 4/22/09; 0-2009-50, 4/22/09; 0-2009-51, 4/22/09, 0-2009-69, 6/10/09; 0-2009-71, 6/10/09; 0-2010-27, 4/14/10; 0-2010-29, 4/28/10; 0-2010-37; 4/28/10; 0-2011-11, 2/9/11; 0-2011-24, 4/27/11; Ord. 0-2011-32, 5/11/11; Ord. 0-2011-36, 5/25/11; 0-2011-62, 8/24/11; 0-2011-63, 8/24/11; 0-2011-102, 12/14/11; 0-2012-12, 2/22/12; 0-2012-16, 3/28/12; (Ord. No. 0-2012-44; 5/23/12) (Ord. No. 0-2012-45; 5/23/12)