This article shall commonly be referred to as the city subdivision ordinance. These regulations shall hereinafter be known, cited, and referred to as the "subdivision regulations" of the city, or "this article."

(Ordinance 2001-014, § 11000, adopted 9/20/01; 2006 Code, § 154.001)

These subdivision regulations, design standards, and improvement requirements for land development are adopted under the authority of the Constitution and laws of the state, including particularly V.T.C.A., Local Government Code, Ch. 212, Municipal Regulation of Subdivisions and Property Development, as heretofore or hereafter amended, and the provisions of V.T.C.A., Local Government Code, Ch. 43, Municipal Annexation, as heretofore or hereafter amended.

(Ordinance 2001-014, § 12000, adopted 9/20/01; 2006 Code, § 154.002)

(a)

The subdivision of land is the first step in the process of urban development. The distribution and relationship of residential, commercial, industrial, and agricultural uses throughout the community along with the system of improvements for thoroughfares, utilities, public facilities, and community amenities determine in large measure the quality of life enjoyed by the residents of the community. Health, safety, economy, amenities, environmental sensitivity, and convenience are all factors which influence and determine a community's quality of life and character. A community's quality of life is of public interest. Consequently, the subdivision of land, as it affects the city's quality of life, is a valid function of municipal government.

(b)

The regulations contained herein are designed and intended to encourage the development of a quality urban environment by establishing standards for the provision of adequate light, air, water satisfactory for human consumption, open space, stormwater drainage, transportation, public utilities and facilities, and other needs necessary for ensuring the creation and continuance of a healthy, attractive, safe, and efficient community that provides for the conservation, enhancement, and protection of its human and natural resources. Through the application of these regulations, the interests of the public as well as those public and private parties, both present and future, having interest in property affected by these regulations, are protected by the granting of certain rights and privileges. By establishing a fair and rational procedure for developing land, the following requirements further the possibility that land will be developed for its most beneficial use in accordance with existing social, economic, and environmental conditions.

(c)

These regulations are designed and intended to achieve the following purposes and shall be administered so as to:

(1)

Assist orderly, efficient, and coordinated development within the territorial jurisdiction;

(2)

Provide neighborhood conservation and prevent the development of slums and blight;

(3)

Harmoniously relate the development of the various tracts of land to the existing community and facilitate the future development of adjoining tracts;

(4)

Provide that the cost of improvements to minimum standards that primarily benefit the tract of land being developed be borne by the owner or developers of the tract, and that the cost of improvements to minimum standards that primarily benefit the whole community be borne by the whole community;

(5)

Provide the best possible design for each tract being subdivided;

(6)

Provide the most attractive relationship between the uses of land and buildings and the circulation of traffic throughout the city, having particular regard to the avoidance of congestion in the streets and highways, and the pedestrian traffic movements appropriate to the various uses of land and buildings, and to provide for the proper location and width of streets and building lines;

(7)

Prevent pollution of the air, streams, and ponds; ensure adequate drainage facilities; safeguard both surface and ground water supplies; and encourage the wise use and management of natural resources throughout the city in order to preserve the integrity, stability, and beauty of the community and the value of the land;

(8)

Preserve the natural beauty and topography of the city and ensure appropriate development with regard to these natural features;

(9)

Reconcile any differences of interest among the subdivider, other property owners, and the city;

(10)

Establish adequate and accurate records of land subdivision;

(11)

Implement the comprehensive plan elements as adopted by ordinance;

(12)

Ensure that public or private facilities are available and will have a sufficient capacity to serve proposed subdivisions and developments within the territorial jurisdiction;

(13)

Standardize the procedure and requirements for subdividing property and submitting plats for review and approval;

(14)

Protect and provide for the public health, safety, and general welfare of the community;

(15)

Provide for adequate light, air, and water satisfactory for human consumption, and privacy; and secure safety from fire, flood, and other dangers; and prevent overcrowding of the land and undue congestion of population;

(16)

Protect the character and the social and economic stability of all parts of the community and encourage the orderly and beneficial development of all parts of the community;

(17)

Protect and conserve the value of land throughout the city and the value of buildings and improvements upon the land; and minimize the conflicts among the uses of land and buildings;

(18)

Guide public and private policy and action in providing adequate and efficient transportation system, public utilities, and other public amenities and facilities;

(19)

Encourage the development of a stable, prospering economic environment; and

(20)

Preserve and perpetuate the unique development patterns that exist in the city through minimum standards for development that are contained in article 9.03 of this Code, in the building code, and in this article. However, the comprehensive plan expresses policies designed to achieve an optimum quality of development in the city's area. If only the minimum standards are followed, as expressed by the various ordinances regulating land development, a standardization of development will occur. This will produce a monotonous setting. Subdivision design should be of a quality to carry out the purpose and spirit of the policies expressed in the comprehensive plan and in this article, rather than be limited to the minimum standards required herein.

(Ordinance 2001-014, § 13000, adopted 9/20/01; 2006 Code, § 154.003)

(a)

In order to carry out the purposes hereinabove stated, it is hereby declared to be the policy of the city to consider the subdivision of land and its subsequent development as subject to the control of the city, pursuant to the comprehensive plan, for the orderly, planned, efficient, and economical development of the city and its extraterritorial jurisdiction.

(b)

This article shall be administered so that:

(1)

Land to be subdivided or developed shall be of such nature, shape, and location that with proper and careful design and development it can be safely used for building purposes without danger to health or risk of fire, flood, erosion, landslide, or other menace to the general welfare;

(2)

A final plat shall not be recorded until the necessary public utilities and facilities and other required improvements exist or arrangements are made for their provision;

(3)

Buildings, lots, blocks, and streets shall be arranged so as to afford adequate light, view, and air, and to facilitate fire protection, providing ample access to buildings for service and emergency equipment;

(4)

Land shall be subdivided and developed with due regard to topography and existing vegetation with the object being that the natural beauty of the land shall be preserved to the maximum extent possible;

(5)

Existing features that would add value to development or to the city as a whole, such as scenic and special features, both natural and human-made, historic sites, and similar assets shall be preserved in the design of the subdivision whenever possible; and

(6)

Existing or proposed public improvements shall conform to the intent and provisions of and be properly related to the policies of the comprehensive plan and any other guidance documents adopted by the city council. These regulations supplement and facilitate the enforcement of the provisions and standards contained in article 9.03 of this Code, the comprehensive plan, and the building code of the municipality.

(Ordinance 2001-014, § 14000, adopted 9/20/01; 2006 Code, § 154.004)

(a)

These subdivision regulations shall apply to all subdivisions of land and all land development activities, as they are both defined herein, and for all property identified in a deed of record, any part of which is located within the territorial jurisdiction of the city as established by law in effect at the time of adoption of this article or as may be amended from time to time.

(b)

The territorial jurisdiction of the city shall be defined as follows:

(1)

The corporate limits of the city;

(2)

The extraterritorial jurisdiction of the city; and

(3)

Any additional area outside those named in subsections (a) and (b) above as permitted by law and which has been approved by the city council.

(Ordinance 2001-014, § 15000, adopted 9/20/01; 2006 Code, § 154.005)

(a)

Subject developments. The provisions of this article, including design standards and improvement requirements, shall apply to the following forms of land subdivision and development activity within the city and its ETJ:

(1)

The division of land into two or more tracts, lots, sites, or parcels;

(2)

All subdivisions of land, whether by metes and bounds division or by plat, that were in existence on or before May 3, 2001; which were outside the jurisdiction of the city's subdivision regulations in effect at the time the plat or deed was filed in the official records of the county; and which subsequently came within the jurisdiction of the city's subdivision regulations through annexation, extension of the city's extraterritorial jurisdiction, or adoption of these subdivision regulations; and for which, as of May 3, 2001, the commission finds that no substantial investment in public improvements has occurred;

(3)

All subdivisions of land, whether by metes and bounds division or by plat, that were in existence on or after May 3, 2001; which were outside the jurisdiction of the city's subdivision regulations in effect at the time the plan or deed was filed in the official records of the county; and which subsequently came within the jurisdiction of the city's subdivision regulations through annexation, or extension of the city's extraterritorial jurisdiction, or adoption of these subdivision regulations; and for which by the end of one year from the date of recordation the commission finds that no substantial investment in public improvements has occurred;

(4)

The division of land previously subdivided or platted into tracts, lots, sites, or parcels subject to and not in accordance with adopted city subdivision moratorium in effect at the time of that subdividing or platting and having occurred after August 28, 2000;

(5)

All subdivisions or plats of land where the subdivision was within the jurisdiction of the city either on the date the subdivision plat was recorded in the plat records of the county, or on the effective date of this article, whichever is most restrictive, and that subdivision or plat is not in accordance with city subdivision regulations;

(6)

The combining of two or more contiguous tracts, lots, sites, or parcels for the purpose of creating one or more legal lots in order to achieve a more developable site except as otherwise provided herein;

(7)

Any planned development district for which a building permit, plumbing permit, electrical permit, floodplain permit, utility tap, or certificate of acceptance for required public improvements is required by the city;

(8)

Excavation, grading, or filling will alter the elevation or slope of an affected land area of greater than 1,000 square feet;

(9)

Paving, seal coating, or other ground surfacing application will result in a total area of impervious cover greater than 1,000 square feet, where no attendant structure is built, and for which a building permit, plumbing permit, electrical permit, floodplain permit, utility tap, or certificate of acceptance for required public improvements is required by the city;

(10)

Any of the following for which a building permit, plumbing permit, electrical permit, floodplain permit, utility tap, or certificate of acceptance for required public improvements is required by the city or for:

a.

Planned commercial shopping center;

b.

Research and development park;

c.

Industrial park development; or

d.

Mobile home park.

(11)

The platting of any existing legal deed-divided unplatted lot, parcel, site, or tract;

(12)

Any plat having received approval from the city council for which that approval has expired.

(b)

Upgrading.

(1)

A change in use shall be defined as occurring when one of the following conditions is satisfied:

a.

The new use of the property is a use that is first allowed in a less restrictive zoning classification than the most recent use;

b.

A rezoning to a less restrictive zoning district classification is necessary;

c.

A change to a higher comprehensive plan intensity level classification is required; or

d.

A larger or additional water meter, other than for landscape irrigation, is necessary to meet the water service needs of the project.

(2)

When any of the conditions outlined in subsections (b)(1)(A) through (b)(1)(D) above occurs, the existing development shall be upgraded so that any design standard listed below, which is at least 50 percent deficient if such a situation exists, shall be brought into full compliance with the applicable design standard:

a.

Design standard selections;

b.

Lighting;

c.

Screening;

d.

Landscaping;

e.

Buffering;

f.

Drainage;

g.

Pedestrian and vehicular access;

h.

Parking lot design;

i.

Number and type of parking spaces;

j.

Impervious coverage; or

k.

Signage.

(c)

Limited application.

(1)

The provisions of these subdivision regulations, set forth in section 9.02.083, shall apply to the following forms of land subdivision and development activity:

a.

The dedication, vacation, or reservation of any public or private easement through any tract of land regardless of the area involved, including those for use by public and private utility companies; or

b.

The dedication or vacation of any street or alley through any tract of land, regardless of the area involved.

(2)

There may be occasions when the city council deems it appropriate to allow a delay in the implementation of certain elements of these regulations. On those occasions a development agreement shall be used in accordance with the city's policy (see appendix A of Ordinance 2001-014 [not printed herein]).

(d)

Exemptions. The provisions of sections 9.02.043 through 9.02.046 of this Code shall not apply to:

(1)

Land legally subdivided prior to May 3, 2001, except as otherwise provided for herein;

(2)

Land constituting a single tract, lot, site, or parcel for which a legal deed of record describing the boundary of that tract, lot, site, or parcel was filed of record in the deed records of the county, on or before May 3, 2000;

(3)

Sales of land by metes and bounds in tracts of 40 acres or more in area;

(4)

Cemeteries complying with all state and local laws and regulations;

(5)

Divisions of land created by order of a court of competent jurisdiction;

(6)

Any subdivision of land for which a preliminary plat has been approved by the city on the effective date of this article and as provided for in subsections (a)(2) and (a)(5), excluding any plat for which approval has expired; or

(7)

The combination of two lots for the creation of a more developable site when:

a.

No change in the platted land use category is anticipated;

b.

No increase in the density or intensity of use is anticipated as determined by estimated traffic generation or utility demands; and

c.

Off-site stormwater runoff is neither increased nor concentrated.

(8)

The division of an existing legal lot, that division being caused by the city's acquisition of a part of that legal lot, when the city council finds that the acquisition by the city is in the best interest of the public health, safety, and welfare of the citizens of city and its extraterritorial jurisdiction. Upon the city council's finding, the resulting parcels shall be deemed to constitute legal lots for the purposes of developing under the requirements of this article and other applicable city regulations. In creating the division, the council is empowered to attach to the resulting parcels those conditions as it finds reasonable and necessary to offset any adverse effects resulting from the city's acquisition as a part of the original legal lot, insofar as any such condition is not contrary to the spirit and intent of this article.

(Ordinance 2001-014, § 16000, adopted 9/20/01; Ordinance 2001-014, adopted 6/19/03; 2006 Code, § 154.006)

(a)

No subdivision plat may be recorded until a final plat, accurately describing the property to be conveyed, has been approved in accordance with this article and filed in the official records of the county. Furthermore, no building permit, certificate of occupancy, plumbing permit, electrical permit, floodplain permit, utility tap, or certificate of acceptance for required public improvements shall be issued by the city:

(1)

For any parcel or plat of land that was created by subdivision after the effective date of, and not in conformity with, the provisions of this article; or

(2)

a.

Until all improvements, as required by this article, have been constructed and accepted by the city; or

b.

Until assurances for completion of improvements have been provided in accordance with section 9.02.048, and no excavation or clearing of land, or construction of any public or private improvements, shall take place or commence within six months preceding the date of application for any item outlined above, unless in conformity with these regulations or as required in the platting process.

(b)

The imposition of criminal penalties and civil remedies, including injunctive relief, is authorized elsewhere in this article.

(Ordinance 2001-014, § 17000, adopted 9/20/01; 2006 Code, § 154.007)

(a)

All definitions of words contained herein shall correspond with the most appropriate definitions appearing in the Oxford English Dictionary unless specifically defined in this section. When multiple definitions create confusion, the building official shall make the determination of the most appropriate definition and attach written evidence of any such determination to the ordinance.

(b)

For the purpose of this article, the following interpretations shall apply unless the context clearly indicates or requires a different meaning.

(1)

Words used in the present tense include the future tense.

(2)

Words used in the plural number include the singular, and words in the singular include the plural.

(c)

For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words and phrases which are not defined in this article but are defined in other ordinances or code provisions of the city shall be given the meanings set forth in those ordinances.

Access. A way of approaching or entering a property.

Accessway. An area intended to provide ingress and egress of vehicular traffic from a public right-of-way to an off-street parking area or loading area.

Adjacent. Abutting and directly connected to or bordering.

Administrative completeness. Applications for permits, plats, or other authorizations provided for under this article shall be considered administratively complete if the planning staff concludes that the material and information mandated by this article has been submitted to the city.

Adverse effect. Historic property is present and proposed project as planned will alter or destroy its historic characteristics or integrity.

Alley. A minor right-of-way, dedicated to public use, which gives a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.

Alteration. Any act or process that changes one or more historic, architectural, or physical features of an area, site, place, and/or structure including, but not limited to the erection, construction, reconstruction, or removal of any structure.

Applicant. A person seeking a designation or authorization under this chapter or the person's designated and duly authorized agent or representative, including, but not limited to, the property owner, occupant of the site, the planning and zoning commission or city council.

Approval. The final approval in a series of required actions. For instance, the approval date of a plat requiring approval of the commission and then the council is the date of council approval.

Architectural details. Small details like moldings, carved woodwork, etc. that add character to a building.

As-built plans. A set of certified construction plans specifying how the public improvements required for the subdivision were actually constructed.

Attendant documents. Either materials needed to address the specific requirements of this article which are not shown on plats or plans, or any information which the subdivider feels necessary to explain the submittal.

Bicycle lane. The portion of a roadway set aside and appropriately designated for the use of bicycles and classified as class II or III bikeways.

Bicycle path. A paved surface facility for bicycle travel physically separated from other vehicular traffic and classified as a class I bikeway.

Block. A parcel of land, intended to be used for urban purposes, which is entirely surrounded by public streets, highways, railroad right-of-way, public walks, parks or green strips, rural land, drainage channels, topographic feature, or a combination thereof.

Bluff. An abrupt vertical change in topography of more than 40 feet with an average slope steeper than four feet of vertical change for each one foot of horizontal change.

Bond. Any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the governing body.

Buffer. A barrier constructed of wood, masonry, vegetation, or other landscape material in such a manner that adjacent uses will be separated to such a degree that objectionable noise, heat, glare, visual clutter, dust, loss of privacy, air circulation, and other negative external influences shall be abated.

Buffer strip. A band of land established to protect one type of land use from the adverse effects of another incompatible use.

Buffer yard. A land area used to separate one use from another or to shield, reduce, or block noise, lights, or other nuisances. Buffer yards may be required to include fences, walls, [or] berms, as well as shrubs and trees.

Building. Includes any part thereof. A "building" includes a "structure."

Building line. A line or lines designating the interior area of a lot outside of which structures shall not be erected.

Building official. The person designated by the council of the city to administer the building code and other matters related to construction.

Building permit. Permit issued by the city which is required prior to commencing construction or reconstruction of any structure, or the erection or location of any temporary building or structure on the property for any purpose related to construction.

Caliper. Diameter of a tree at three feet above natural grade.

Catchment area. The area, defined by topographic relief, which drains to a point [of] recharge, or critical environmental feature.

Cave. A natural underground cavity, recess, chamber, or series of chambers naturally produced by the solution of limestone by subterranean water.

Centerline of a waterway. Refers to existing topographically defined channels. If not readily discernible, the centerline shall be determined by the midpoint between the low flow lines, or the center of the two-year floodplain.

Certificate of appropriateness. An order issued by the planning and zoning commission indicating approval of plans for alteration, construction, or removal affecting a designated landmark or property within a designated district.

City. The City of Wimberley, Texas.

City administrator. The chief administrative officer of the city or his or her designated representative. Unless otherwise provided, this term refers to the mayor.

City council. The city council of this city, the governing body; referred to as the "council."

City engineer. The city engineer for the city or his or her designated representative.

Collector street. Minor streets intended to serve local traffic distribution needs and access to the arterial system. They provide access and traffic circulation within residential, commercial, or industrial neighborhoods or concentrations. This term includes primary and secondary collector streets which channel traffic from local roadways and distribute it to the arterial system.

Commercial high impact. Nonresidential use generating peak hour traffic in excess of 35 vehicle trips per hour per 100 feet of frontage, or requiring more than 1,500 gpm fire flow, and which is not industrial. These may include fast-food restaurants, banks with drive-in tellers, convenient [convenience] stores, and gas stations, as well as storage or distribution of non-hazardous materials.

Commercial office. Nonresidential use in which the primary activity is neither the retail sale of goods or services nor the production, distribution, or storage of goods (such as law offices, bookkeeping offices, and real estate offices).

Commercial retail and service. Nonresidential use for which the primary activity involves the sale of goods and services (such as hardware or grocery store, beauty salon, or bakery).

Commission. The planning and zoning commission of the city.

Community service facility. Facility providing educational, recreational, social, or cultural activities which are open to the public.

Comprehensive plan. The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for: land intensities; land subdivision; circulation; and community facilities, utilities, and services.

Concept plan. A generalized plan indicating the boundaries of a tract or tracts under common ownership, and identifying proposed land use, land use intensity, and thoroughfare alignment.

Construction plans. The maps, drawings, and specifications indicating the proposed location and design of improvements to be installed in a subdivision.

Contiguous. Adjacent property whose property lines are shared or are separated by only a street, alley, easement, or right-of-way.

Corner lot. A lot located at the intersection of and abutting on two or more streets.

Crest of bluff. A point on the ground at the top of a bluff, beyond which the elevation of the land continues to increase at an average slope between 0 and 15 percent, for a horizontal distance of at least 75 feet.

Critical areas. Areas containing sensitive environmental features and identified on the critical areas map.

Critical areas map. A map as adopted by the council, which designates areas of critical environmental concern.

Critical environmental features. Features which have been determined to be of critical importance to the protection of one or more environmental resources. They include such features as bluffs, springs, canyon rimrocks, caves, sinkholes, and wetlands. Also referred to herein as "recharge features."

Critical water quality zone. Protection zones for waterway corridors and other critical environmental features.

Cross-fall. The transverse slope as related to a given longitudinal slope and measured by the rise-to-run ratio.

Crosswalk. A strip of land dedicated for public use and which is reserved across a street for the purpose of providing pedestrian access to adjacent areas.

Cul-de-sac. A minor street having one end open to vehicular traffic and having one closed end terminated by a turnabout.

Dedication. The grant of an interest in property for public use.

Department of state health services. The Texas Department of State Health Services.

Design guidelines. Guidelines of appropriateness or compatibility of building design within a community or historic district.

Design review. The decision-making process conducted by the planning and zoning commission or an appointed historic preservation officer that is guided by established terms.

Design storm. A probable rainfall event the frequency of which is specified in periods of years and which is used to design drainage facilities, determine flood elevations, and other stormwater management. The design storm shall be the 100-year storm event unless otherwise specified in this article or the city's construction standards and specifications for roads, streets, structures, and utilities.

Determination of significance. A determination based on the importance of a historic property as defined by criteria found in section 9.03.255(f).

Developed area. The portion of a lot, easement, or parcel upon which a building, structure, pavement, or other improvements have been placed.

Developer. The legal owner of land to be subdivided or his or her authorized representative.

Development. A subdivision of land as defined herein or the construction or placement of buildings, roads, and other structures, excavation, mining, dredging, grading, filling, clearing or removing vegetation, and the deposit of refuse, waste, or fill. Lawn and yard care, including mowing of tall weeds and grass, gardening, tree care and maintenance, removal of trees or other vegetation damaged by natural forces, and ranching and farming shall not constitute development. Utility, drainage, and street repair, and any construction maintenance and installation which does not require land disturbance or result in additional impervious cover shall also not constitute development.

Development plan. A scaled drawing representing an area of land to be improved or developed and indicating the legal boundary of that property and the nature and extent of all existing and proposed improvements to the project.

Director. The director of the planning staff for the city, or his or her designated representative.

District conservationist. The district conservationist of the county office of the U.S. Department of Agriculture Soil Conservation Service.

Double frontage lot. A lot which runs through a block from street to street and which abuts two or more streets.

Drainageway. See "Waterway."

Drainfield. Private sewage facility disposal area. A trench or bed utilized for final wastewater disposal.

Drive approach. A paved surface connecting the street to a front lot line.

Driveways. The surface connecting a drive approach with a parking space, parking lot, loading dock, or garage.

Dwelling unit. Residential unit designed to accommodate one household.

Easement. A grant by the property owner to the public, a corporation, or persons of the use of a strip of land for specific purposes.

Economic hardship. An onerous and excessive financial burden, not created by the owner, which destroys reasonable and beneficial use of the property. For commercial properties the ability to make a reasonable income does not mean the highest and best use.

Engineer's report. An attendant document related to construction plans.

Environment. The aggregate of social and physical conditions that influence the life of the individual and community.

Escrow funds. A deposit of cash or other approved security with the local government or approved bank or other financial institution in lieu of an amount required on a performance or maintenance bond.

ETJ limits. The limits of the city's extraterritorial jurisdiction as granted under Municipal Annexation, V.T.C.A., Local Government Code, Ch. 43.

Exterior architectural feature. The architectural style and general arrangement of such portion of the exterior of a structure as is open to the view from a public way.

Faults and fractures. Significant fissures or cracks in rock which may permit infiltration of surface water to underground cavities and channels.

Filing date. All plats and plans shall be considered filed on the date of their first public hearing before the commission.

Filtering channel. A parabolic or trapezoidal channel lined with permanent vegetation which conveys water at sufficiently shallow depths (less than 18 inches) and low velocities (less than five feet per second) to promote the deposition of sediment.

Floodplain. Channel of a waterway and the adjacent land area subject to inundation during the design storm.

Floodway. Channel of a waterway and the adjacent land areas that must be reserved in order to discharge the design storm without cumulatively increasing the water surface elevation.

Floor area. The total square footage of leasable building floor area divided by the total square footage within a parcel of land.

Front yard. A space extending the full width of the lot between any building and the front lot line, and measured perpendicular to the building at the closest point to the front lot line.

Frontage. The side of a lot, parcel, or tract of land abutting a street right-of-way and ordinarily regarded as the frontal orientation of the lot.

Frontage or service street. A minor street auxiliary to and located on one side of a major street for service to abutting properties and adjacent area and for control of access.

General plan. See "Comprehensive plan."

Governing body. The city council of this city.

Grade. The slope of a road, street, other public way, or utility line specified in terms of percentage (%); the topographic relief of a parcel of land; the average elevation at ground level of the buildable area of a lot or piece of land.

Grading. Any stripping, cutting, filling, or stockpiling of earth or land, including the land in its cut or filled condition.

Gross density. The number of dwelling units divided by the total acreage within a parcel of land.

Ground cover. Low-growing plants planted in such a manner as to form a continuous cover over the ground, such as, but not limited to, liriope, low-growing varieties of honeysuckle, confederate jasmine, English ivy, or others.

Herein. In these regulations.

His. Includes the word "her."

Historic district. A contiguous or non-contiguous geographically and locally defined area that possesses a significant concentration, linkage, or continuity of buildings, objects, sites, structures, or landscapes united by past events, periods, or styles of architecture, and that, by reason of such factors, constitue a distinct section of the city and is designated by the city pursuant to this division.

Historic landmark. Any site, building, structure, or landscape of historic significance designated by the city pursuant to this division.

Historic preservation. The protection, reconstruction, rehabilitation, repair and restoration of places and structures of historic, architectural, or archaeological significance.

Historic resource. Any building, structure, object or site that is 50 years or older or any resource that has been identified as a high or medium priority because of its unique history or architectural characteristics.

Impervious cover. Roads, parking areas, buildings, swimming pools, rooftop landscapes, and other construction limiting the absorption of water by covering the natural land surface; this shall include, but not be limited to, all streets and pavement within the development.

Improvements. Any street, alley, roadway, barricade, sidewalk, bikeway, pedestrian way, water line system, sewer system, storm drainage network, public park land, landscaping, or other facility or portion thereof for which the local government may ultimately assume responsibility for maintenance and operation or which may affect an improvement for which local government responsibility is established.

Individual on-site wastewater system or private sewage facility. All systems and methods used for the disposal of sewage, other than organized sewage disposal systems. Private sewage facilities are usually composed of three units: the generating unit (the residence, institution, and the like), treatment unit, and the disposal unit (the drainfield that may be an absorption trench or bed, or an evapotranspiration bed). Including a septic tank, seepage tile sewage disposal system, or any other on-lot sewage treatment device approved and installed in accordance with all local, state, and federal laws and regulations.

Industrial. Nonresidential use of any site involved in manufacturing or external storage of goods; any site generating significant negative external effects, such as noise, dust, glare, and the like; or any site where hazardous materials are stored or generated.

Integrity. The authenticity of a property's historic identity, evidenced by survival of physical characteristics that existed during the property's historic or prehistoric period.

Interior lot. A lot other than a corner lot and bounded by a street on only one side.

Inventory. A list of historic properties that have been identified and evaluated as meeting specified criteria of significance.

Landscape development. Trees, shrubs, ground cover, vines, or grass installed in planting areas.

Legal lot. Either a lot recorded in the county plat records under the applicable subdivision regulations at the time of its creation, or a tract of land having existed in its present configuration prior to August 28, 2000.

Legally platted lot. A lot which is part of a subdivision approved by the city and recorded in the plat records of the county.

Letter of credit. A letter from a bank or other reputable creditor that guarantees to the city that upon failure of the subdivider to fulfill any improvement requirements, at the city's request, funds will be provided to the city to complete the specified improvements.

Local health district. The county environmental health department.

Local street. A minor street designed for the sole purpose of providing access.

Lot. A subdivision of a block or other parcel intended as a unit for transfer of ownership or for development.

Major arterial street. A major street designed to provide connections between municipalities or major highways.

Major street. Arterial street which is designated on the major street plan or expressway plan.

Major waterway. A waterway having a watershed greater than or equal to 960 acres.

Manufactured home. A home composed of one or more factory-built sections assembled on a permanent foundation.

Minor arterial street. A major street designed to provide a connection between major arterials.

Minor street. Any street not classified as a major street on the major street plan or expressway plan.

Mobile home. A residential structure constructed on or after June 15, 1976, in compliance with the rules and definitions of the U.S. Department of Housing and Urban Development, that is transportable in one or more sections, which 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. A parcel of land under single entity ownership which has been planned and improved for the placement of one or more mobile homes and their accessory uses and service facilities.

Mobile home park lease space. An area designated within a mobile home park for placement of a housing unit. See also "Lot," with the exception that off-street parking for each housing unit does not have to be located on the individual lease space, but rather within the park parcel.

Multi-family development. Any development having four or more attached residential units in a single building.

Multi-family residence. A single structure designed to accommodate four or more households.

National Register of Historic Places. The nation's official list of buildings, districts, and sites (including structures and objects) significant in American history and culture, architecture, archeology, and engineering maintained by the National Park Service and administered on a state-wide basis by the Texas Historical Commission. Restrictions on these properties exist only when there is an undertaking that uses federal funds or that requires a federal permit or license.

Natural channel. The topography of a waterway prior to construction, installation of improvements, or any re-grading.

Natural drainage. A stormwater runoff conveyance system not altered by development.

Natural state. Substantially the same conditions of the land which existed prior to its development, including, but not limited to, the same type, quality, quantity, and distribution of soils, ground cover, vegetation, and topographic features.

Neighborhood. Area of the city characterized by residential land uses which is bounded by physical (such as river, major street, back of access [sic]) or political features (such as voting districts, subdivision boundaries).

Net site area.

(1)

The area in the uplands zone (not including wetlands), excluding land designated for wastewater irrigation, calculated to include:

a.

One hundred percent of the land area with 0 percent to 15 percent average slope; plus

b.

Seventy percent of the land area with 16 percent to 20 percent average slope; plus

c.

Thirty percent of the land area with 21 percent to 25 percent average slope; plus

d.

Ten percent of the land area with 26 percent to 30 percent average slope; plus

e.

Five percent of the land area with 31 percent to 35 percent average slope.

(2)

Land area having average slope exceeding 35 percent is excluded from the developable area of the subdivision.

Object. A physical item associated with a specific setting or environment that is movable by nature or design, such as statuary in a designed landscape. The term object is used to distinguish from buildings and structures those constructions that are primarily artistic in nature or are relatively small in scale and simply constructed.

Off-site improvements. Any required improvement which lies outside of the area being platted.

One-family residence or single-family residence. A freestanding structure designed to accommodate one household.

One hundred-year floodplain or 100-year floodplain. The flood which has a probability of occurring once in a 100-year period, or a one percent chance in any given year.

Ordinary maintenance. The repair of any exterior or architectural feature of a landmark or property within a historic district which does not involve a change to the architectural or historic value, style, or general design. In-kind replacement or repair is included in this definition of ordinary maintenance.

Overland drainage. Stormwater runoff which is not confined by any natural or human-made channel, such as a creek, drainage ditch, storm sewer, or the like.

Owner. The individual, corporation, partnership, or other legal entity in whom is vested the ownership, dominion, or title of property and who is responsible for payment of ad valorem taxes on that property; including a lessor or lessee if responsible for payment of ad valorem taxes.

Parent tract. Tract or lot as described by deed dated prior to May 10, 1977, or plat, which includes one or more lots that are being subdivided.

Park fund. A special fund established by the city to retain moneys paid by developers in accordance with the payment in lieu of park land dedication provisions of these regulations and to be used for the purchase of park land or improvements in the vicinity of the subdivided property for which funds have been collected.

Parks and recreation board. Board appointed by the city to advise the city on matters concerning parks and recreation activities.

Paved ground surface area, paved area, or paved ground area. Any paved ground surface area (excepting public right-of-way) used for the purpose of driving, parking, storing, or displaying of vehicles, boats, trailers, mobile homes, and mobile homes, including new and used car lots and other open lot uses.

Permanent monument marker. Permanent survey marker meeting the specifications of the city's construction standards and specifications for roads, streets, structures, and utilities.

Person. Includes a corporation, a partnership, and an incorporated association of persons such as a club.

Planning and zoning commission. The city planning and zoning commission.

Planning staff. The persons designated by the council of the city to act in matters of planning and development, including the designated director of the planning staff.

Planting area. Any area designed for landscape planting and separated from pedestrian and vehicle access.

Playscape. Any structure permanently anchored to the ground that is designed for recreational purposes. Sports courts such as basketball or tennis courts are not considered playscapes.

Preservation. The stabilization of an historic building, its materials and features in their present condition to prevent future deterioration. Preservation focuses on the maintenance and repair of existing historic materials and retention of a property's form as it has evolved over time.

Primary structure. A structure in which the principal use of the lot is conducted. For example, for single-family residential lots, the house is the primary structure.

Privacy fence. An opaque fence or screen at least six feet in height. A fence shall be considered opaque if it is made of opaque materials and constructed so that gaps in the fence do not exceed one-half inch. Fences using boards placed on alternating sides of fence runners shall be considered opaque if the boards overlap at least one-half inch.

Public. Uses owned by a public agency or a public utility provider.

Public review final plat. A map of a proposed land subdivision showing the character and proposed layout of the tract in sufficient detail to indicate the suitability of the proposed subdivision of land.

Public use. Places of noncommercial public assembly or administrative functions where the primary activity is contained within a building(s), including, but not limited to, churches, schools, and government buildings.

Quasi-public. Uses owned or operated by nonprofit, religious, or charitable institutions and providing educational, cultural, recreational, or similar types of public programs.

Quasi-residential. Uses providing temporary overnight accommodations such as hospitals and dormitories. This does not include hotels and motels.

Rear yard. A space extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building to the closest point of the rear lot line.

Recharge feature. Geological features, such as springs, bluffs, caves, fractures, crevices, and sinkholes, which tend to have a high degree of connectivity with the Trinity Aquifer. A recharge feature shall be considered significant if it lies within an area subject to inundation from the 100-year storm event, and: the upstream drainage area consists of five or more acres, or rapid infiltration to the subsurface may occur.

Reconstruction. The act or process of reproducing by new construction the exact form and detail of a vanished building as it appeared at a specific period of time.

Record final plat. A map of a land subdivision prepared in a form suitable for filing of record with necessary affidavits, dedications, and acceptances, and with complete bearings and dimensions of all lines defining lots and blocks, streets, alleys, public areas, and other dimensions of land.

Recorded Texas historical landmark. A state designation for buildings important for their historical associations and which have retained a high degree of their original historic fabric. They must be at least 50 years of age and retain their original exterior appearance. State historical landmarks receive greater legal protection than National Register of Historic Places designations.

Regulations. These subdivision regulations, or this article.

Regulatory floodplain. The 100-year floodplain as defined by the Federal Emergency Management Agency (FEMA).

Regulatory floodway. The area designated by FEMA or subsequent federal, state, or local authority administering a flood insurance program as being within the floodway of a 100-year flood storm.

Rehabilitation. The act or process of returning a property to a state of utility through repair or alteration that makes possible an efficient contemporary use while preserving those portions or features of the property that are significant to its historical, architectural, and cultural values.

Restoration. Returning a property to a state indicative of a particular period of time in its history, while removing evidence of other periods.

Setback line. A line or lines designating the interior area of a lot outside of which structures shall not be erected.

Shall. The act referred to is mandatory.

Sinkhole. A circular or oblong depression formed in soluble rock by the action of subterranean or surface water which is a potential point of significant recharge.

Site. The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historical, cultural, or archaeological value regardless of the value of any existing structure.

Sketch plat. A rough outline of the design concept and anticipated configuration of the proposed subdivision and intended to be a reference point for allowing the planning staff to provide the developer with information and instruction on the design standards and improvement requirements required of new subdivisions.

Slope. The vertical change in grade divided by the horizontal distance over which that vertical change occurred. The slope is usually given as a percentage.

Special exceptions. A grant of relief to a person from the requirements of this chapter when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this chapter.

Spring. A point or zone of natural groundwater discharge having measurable flow or a pool, however small, and characterized by the presence of a plant community adapted to the moist conditions of the site.

State archaeological landmark. A designation made by the Texas Historical Commission and, in the case of privately owned property, with the landowner's permission. Although called "archaeological" landmarks, this designation can include buildings as well as archaeological sites. For a building to be designated as a state archaeological landmark, it must first be listed on the National Register of Historic Places. Damage to a state archaeological landmark is subject to criminal, not civil, penalties.

Street. Any public or private right-of-way which affords the primary means of vehicular access to abutting property.

Street line. The line limiting the right-of-way of the street and being identical with the property line of persons owning property fronting on the street.

Street yard. A space extending across the length or width of a lot between the street right-of-way and the closest faces of the buildings on the lot.

Structural integrity. Ability of a structure to maintain stability against normal forces experienced by that structure.

Structure. A term used to distinguish specific types of functional constructions from buildings that are usually made for purposes other than creating shelter.

Subdivider. Any person, firm, partnership, corporation, or other entity, acting as a unit, subdividing or proposing to subdivide land as herein defined.

Subdivision. The division or redivision of land into two or more lots, tracts, sites, or parcels for the purpose of transfer of ownership or for development, or the dedication or vacation of a public or private right-of-way or easement.

Substantial improvement.

(1)

One of the following:

a.

Any construction of public improvements amounting to at least 50 percent of the total cost of public improvements required under the provisions of this article, including engineering fees; or

b.

Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure, either before the improvement or repair is started, or, if the structure has been damaged and is being restored, before the damage occurred.

(2)

Substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

a.

Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to ensure safe living conditions; or

b.

Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

TCEQ. The state commission on environmental quality or a successor agency.

Three-family residence. A single structure designed to accommodate three households.

Traffic impact analysis or TIA. A study of the impacts of a development on the city's transportation system.

Tree. Any self-supporting woody plant species which normally grows to an overall minimum height of 15 feet.

Trinity Aquifer contributing zone. All land generally to the west and upstream of the Trinity Aquifer recharge zone that provides drainage into the Trinity Aquifer recharge zone.

Trinity Aquifer recharge zone. The boundaries of the recharge zone shall encompass all land over the Trinity Aquifer, recharging the same, as determined by the state commission on environmental quality.

Trinity Formation watersheds. All lands over or draining into lands over Trinity limestone formations.

Two-family residence. A single structure designed to accommodate two households.

Uplands zone. All land and waters that are not included within the critical water quality zone or water quality buffer zone.

Urbanization. The process of constructing public improvements required to support suburban, [or] urban land use.

Used or occupied. As applied to any land or building, include the words "intended, arranged, or designed to be used or occupied."

Vines. Any of a group of woody or herbaceous plants which may cling by twining, by means of aerial rootlets, or by means of tendrils, or which may simply sprawl over the ground or other plants.

Water quality buffer zone. A buffer zone established parallel to all critical water quality zones.

Watershed. The area from which stormwater drains into a given basin, river, or creek.

Waterway. Any natural or human-made channel conducting stormwater from a two-year storm event at a depth of eight inches or more and at a rate of 15 cubic feet per second or more. Street pavement shall in no instance be considered a waterway.

Wetlands. Land transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. Classification of areas as wetlands shall follow the Classification of Wetlands and Deepwater Habitats of the United States, as published by the U.S. Fish and Wildlife Service (FWS/OBS-79/31).

Working days. Monday through Friday, exclusive of city-recognized holidays.

Yard. An open space that lies between the principal or accessory building or buildings and the nearest lot line.

Yard depth. The shortest distance between a lot line and a yard line.

Yard line. A line drawn parallel to a lot line at a distance therefrom equal to the depth of the required yard.

Zoning. The city's adopted zoning code and regulations.

(Ordinance 2001-014, § 18000 and app. I, adopted 9/20/01; 2006 Code, § 154.008; Ordinance adopting 2018 Code; Ordinance 2023-11, § 1, adopted 6/1/23; Ordinance 2023-24, § 1, adopted 8/17/23)

The development manual shall contain development application forms, required application materials, fees, and application submittal deadlines. The development manual may be adopted and updated from time to time by resolution approved by city council. A copy of the current development manual shall be available upon request.

(Ordinance 2023-18, § 2(Exh. A), adopted 8/17/23)

(a)

The purpose of this section is to establish application procedures, internal review procedures, public notice and hearing procedures, and review criteria for the processing of applications and actions that affect the development and use of property subject to the jurisdiction of the City of Wimberley.

(b)

The owner of a tract of land located within the city limits or ETJ who divides the tract in two or more parts to lay out a subdivision of the tract, including an addition to the city, to lay out suburban, building, or other lots, or to lay out streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts must have a plat of the subdivision prepared. A division of a tract under this section includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method.

(Ordinance 2023-18, § 2(Exh. A), adopted 8/17/23)

(a)

Application submittal. All development applications to be considered by any board, commission, or committee, or by the city council, shall be initiated by the filing of the application by the owner of the property on which the permit is applicable or by the owner's designated agent. In the event an application is submitted by a designated agent, the application must be accompanied by a written statement, signed by the owner, authorizing the agent to file the application on the owner's behalf.

(b)

Determination of application completeness.

(1)

All submitted development applications shall be subject to a determination of completeness by the city administrator.

(2)

No application shall be deemed complete and accepted for filing unless it is accompanied by all documents required by and prepared in accordance with the requirements of the city and any required fees have been paid.

(3)

A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this division.

(4)

Not later than the tenth business day after the date an application is submitted, the city administrator shall make a written determination whether the application constitutes a complete application. This shall include a determination that all information and documents required by the city for the type of permit being requested have been submitted. A determination that the application is incomplete shall be sent to the applicant within such time period by email to the address listed on the application or by United States mail at the address listed on the application with the date the application was submitted. The determination shall specify the documents or other information needed to complete the application. Applications considered incomplete shall not be deemed filed with the city and shall be made available to the applicant for pick-up at City Hall. All incomplete applications not picked up within ten business days may be discarded at the discretion of the city administrator. If an application is considered incomplete, a new application package must be submitted.

(5)

The processing of an application by any city employee other than the city administrator prior to the time the application is officially determined to be complete shall not be binding on the city as the official acceptance of the application for filing.

(6)

A development application shall be deemed to expire on the 45th calendar day after the application is submitted to the city administrator for processing if the applicant fails to provide documents or other information necessary to meet the requirements of this division or other requirements as specified in the determination provided to the applicant. Upon expiration, the application will be discarded and a new application must be submitted.

(7)

No vested rights accrue solely from the submission of an application that has expired pursuant to this section, or from the submission of a complete application that is subsequently denied.

(c)

Application withdrawal. Any request for withdrawal of an application must be submitted in writing to the city administrator. If notification is required for the application and has been properly given via publication in the newspaper and/or written notification to surrounding property owners, such application must be placed on the agenda. The staff representative shall notify the board, commission, committee, or the city council of the request for withdrawal. Application fees are not refundable unless reimbursement is otherwise authorized by the city administrator.

(Ordinance 2023-18, § 2(Exh. A), adopted 8/17/23)

Prior to submitting an application for approval of a development, subdivision master plan, or subdivision plat, the subdivider, at his/her option, may consult with and present a proposed plan for the subdivision to the city administrator or his/her designee for comments and advice on the procedures, specifications, and standards required by the city for the subdivision of land. At such a meeting the city staff will be able to make any suggestions that would direct the proposed subdivision toward desirable objectives and possibly prevent unnecessary work and expense if objectives are not met. No vesting shall occur under this subsection in accordance with this division.

(Ordinance 2023-18, § 2(Exh. A), adopted 8/17/23)

(a)

Applicability. Prior to filing an application for a subdivision master plan or subdivision plat approval the applicant shall secure letters of certification as required by this division and the development manual. A request for letters of certification and required items shall be submitted by the applicant as required by the development manual.

(b)

Application requirements. Any request for a letter of certification shall be accompanied by an application prepared in accordance with the city's development manual.

(c)

Processing of application and decision.

(1)

Submittal. A request for a letter of certification shall be submitted to the city administrator. The city administrator shall review the application for completeness. The city administrator may request a review and recommendation from any other city department or consultant.

(2)

Decision by the city administrator.

a.

After the city administrator has determined whether the request for letters of certification and required technical data is complete, each certifying department shall issue comments approve, or deny a letter of certification within 45 calendar days. When a certifying department determines that the proposed plan, plat, or any of the required accompanying data does not conform with the requirements of this division or other applicable regulations, ordinances, or laws, the applicant may at his/her option revise any nonconforming aspects. If any data is revised and resubmitted, the certifying department shall have up to 30 calendar days from the latest date of submission to issue comments, approve, or deny a letter of certification.

b.

If a letter of certification is not issued or denied within the time periods prescribed in subsection above, the same shall be deemed issued and the applicant may submit an application for subdivision master plan or subdivision plat without submitting the letter of certification.

(3)

Scope of issuance. A letter of certification does not authorize the development or subdivision of land. Upon receipt of all required letters of certification, the applicant may submit an application for subdivision master plan or subdivision plat approval. Letters of certification shall remain valid for one year from the date of issuance by the certifying department. After that time period, new or updated letters of certification shall be required to file a subdivision master plan or subdivision plat application.

(4)

Amendments. A letter of certification may be amended prior to filing an application for subdivision approval if the proposed amendment:

a.

Does not increase the number of lots subject to the application;

b.

Does not increase by more than five percent the lineal footage of roadways or the areas within the paved surface of the street right-of-way;

c.

Does not reduce the amount of open space within the proposed subdivision; and

d.

Does not alter or change the approved stormwater plan.

(5)

Letter of certification authorization. A letter of certification is not recorded. A letter of certification shall be maintained by the applicant and presented with the application for subdivision master plan or subdivision plat approval.

(Ordinance 2023-18, § 2(Exh. A), adopted 8/17/23)

(a)

Applicability.

(1)

A subdivision master plan is required to provide for review of certain developments for compliance with this division, any additional adopted plans (i.e., water, wastewater, transportation, drainage), the compatibility of land uses, and the coordination of improvements within and among individual parcels of land or phases of development prior to approval of a preliminary or final plat. A subdivision master plan is required for any development meeting one or more following criteria:

a.

The property is undeveloped and is greater than 50 acres in size;

b.

The proposed subdivision of land is to occur in phases; or

c.

The proposed subdivision will require off-site road, drainage, or utility connections of improvements that will have a substantial impact or effect on other properties or developments.

(2)

If a preliminary plat encompasses the entire development and tract of land, a subdivision master plan will not be required.

(3)

A subdivision master plan is not required when all lots in the proposed division of land are greater than five acres, where each part has access and no public improvement is being dedicated.

(b)

Application requirements. Any request for a subdivision master plan shall be accompanied by an application prepared in accordance with the city's development manual.

(c)

Processing of application and decision.

(1)

Submittal. An application for a subdivision master plan shall be submitted to the city administrator. The city administrator shall review the application for completeness. The city administrator may request a review and recommendation from any other city department or consultant. After appropriate review, the city administrator shall forward a written recommendation to the planning and zoning commission for consideration.

(2)

Decision by planning and zoning commission. The planning and zoning commission shall receive the written recommendation of the city administrator and shall consider the proposed subdivision master plan. The planning and zoning commission shall act on the plan within 30 calendar days after the date a complete application is filed. The planning and zoning commission must approve a subdivision master plan that is required to be prepared in accordance with this section and that satisfies all applicable regulations of the city. The planning and zoning commission may vote to approve with conditions or deny a subdivision master plan that does not satisfy all applicable regulations of the city.

(3)

Conditional approval and denial. If the planning and zoning commission conditionally approves or denies the subdivision master plan, a written statement must be provided to the applicant clearly articulating each specific condition for the conditional approval or reason for denial. Each condition or reason specified in the written statement may not be arbitrary and must include a citation to the regulation, ordinance, or law that is the basis for the conditional approval or denial.

(4)

Applicant response to conditional approval or denial. After the conditional approval or denial of a subdivision master plan, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for denial provided. The city administrator is authorized to approve revisions required for conditional approval of the subdivision master plan. The planning and zoning commission shall determine whether to approve or deny the applicant's previously denied or conditionally approved subdivision master plan, if forwarded to the planning and zoning commission by the city administrator. Action shall be taken by the city administrator or planning and zoning commission no later than the 15th calendar day after the date the response was submitted.

(5)

Subdivision master plan authorization. Approval of a subdivision master plan by the planning and zoning commission shall be deemed as an expression of the approval of the layout submitted on the master plan as a guide to the final design of streets, water, sewer, and other required improvements and utilities and to the preparation of a preliminary plat in accordance with the requirements of the city.

(d)

Criteria for approval. The planning and zoning commission, in considering final action on a subdivision master plan, shall consider the following criteria:

(1)

The subdivision master plan is consistent with all city requirements, including zoning requirements for the property or any development regulations approved as part of a development agreement;

(2)

The proposed provision and configuration of roads, water, wastewater, drainage, and park facilities are adequate to serve each phase of the subdivision;

(3)

The schedule of development is feasible and prudent and assures that the proposed development will progress to completion within the time limits proposed; and

(4)

The location, size, and sequence of the phases of development proposed assures orderly and efficient development of the land subject to the plan.

(e)

Expiration. The approval of a subdivision master plan shall remain in effect for a period of two years after the date the application was approved or conditionally approved, during which period the applicant shall submit and receive approval for a preliminary plat for any portion of the land subject to the subdivision master plan. If a preliminary plat has not been approved within the two-year period, the subdivision master plan approval shall expire and the plan shall be null and void.

(f)

Revisions to an approved subdivision master plan.

(1)

Minor changes. Minor changes in the design of the subdivision subject to a subdivision master plan may be incorporated in an application for approval of a preliminary plat without the necessity of filing a new application for approval of a subdivision master plan. Minor changes shall include adjustment in street or alley alignments, lengths, and adjustment of lot lines that do not result in the creation of additional lots, provided that such changes are consistent with any approved prior applications.

(2)

Major changes. All other proposed changes to the design of the subdivision subject to an approved subdivision master plan shall be deemed major amendments that require submittal and approval of a new application for approval of a revised subdivision master plan before approval of a preliminary plat.

(Ordinance 2023-18, § 2(Exh. A), adopted 8/17/23)

(a)

Applicability.

(1)

A preliminary plat is required to determine the general layout of the subdivision, the adequacy of public facilities needed to serve the intended development, and the overall compliance of the land division with applicable city requirements.

(2)

A preliminary plat may be submitted for any phase of development consistent with an approved subdivision master plan. Where a subdivision master plan is not required and the area to be platted is part of a larger tract of land, the preliminary plat must encompass the entire tract of land under ownership of the subdivider and shall provide a preliminary layout of streets, lots, blocks, utilities, and drainage for the larger tract. A final plat may be submitted for individual lots to be platted out of the larger parcel.

(b)

Application requirements. Any request for a preliminary plat shall be accompanied by an application prepared in accordance with the city's development manual.

(c)

Processing of application and decision.

(1)

Submittal. An application for a preliminary plat shall be submitted to the city administrator. the city administrator shall review the application for completeness. The city administrator may request a review and recommendation from any other city department or consultant. After appropriate review, the city administrator shall forward a written recommendation to the planning and zoning commission for consideration.

(2)

Decision by planning and zoning commission. The planning and zoning commission shall receive the written recommendation of the city administrator and shall consider the proposed plat. The planning and zoning commission shall act on the plat within 30 calendar days after the date a complete application is filed. The planning and zoning commission must approve a preliminary plat that is required to be prepared in accordance with this section and that satisfies all applicable regulations of the city. The planning and zoning commission may vote to approve with conditions or deny a preliminary plat that does not satisfy all applicable regulations of the city.

(3)

Conditional approval and denial. If the planning and zoning commission conditionally approves or denies the plat, a written statement must be provided to the applicant clearly articulating each specific condition for the conditional approval or reason for denial. Each condition or reason specified in the written statement may not be arbitrary and must include a citation to the regulation, ordinance, or law that is the basis for the conditional approval or denial.

(4)

Applicant response to conditional approval or denial. After the conditional approval or denial of a plat, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for denial provided. The city administrator is authorized to approve revisions required for conditional approval of the preliminary plat. The planning and zoning commission shall determine whether to approve or deny the applicant's previously denied or conditionally plat, if forwarded to the planning and zoning commission by the city administrator. Action shall be taken by the city administrator or planning and zoning commission no later than the 15th calendar day after the date the response was submitted.

(5)

Preliminary plat authorization. Approval of a preliminary plat by the planning and zoning commission shall be deemed as an expression of the approval of the layout submitted on the plat as a guide to the final design of streets, water, sewer, and other required improvements and utilities, and to the preparation of a final plat in accordance with the requirements of this division.

(d)

Criteria for approval. The planning and zoning commission, in considering final action on a preliminary plat, shall consider the following criteria:

(1)

The plat is consistent with all city requirements including zoning requirements for the property;

(2)

The plat conforms to the general layout of the subdivision master plan (if applicable) and is consistent with the phasing plan approved therein; and

(3)

The proposed provision and configuration of roads, water, wastewater, drainage, park facilities, easements, and rights-of-way are adequate to serve the subdivision.

(e)

Expiration and extension.

(1)

Expiration. The approval of a preliminary plat shall remain in effect for a period of two years after the date the application was approved or conditionally approved, during which period the applicant shall submit and receive approval for a final plat for any portion of the land subject to the preliminary plat. If a final plat has not been approved within the two-year period, the preliminary plat approval, unless extended, shall expire and the plat shall be null and void.

(2)

Extension. At the request of the property owners or their representative, the expiration date for approval of a preliminary plat may be extended by the planning and zoning commission for a period not to exceed six months. A preliminary plat is not subject to reinstatement following expiration.

(f)

Revisions to an approved preliminary plat.

(1)

Minor changes. Minor changes in the design of the subdivision subject to a preliminary plat may be incorporated in an application for approval of a final plat without the necessity of filing a new application for approval of a preliminary plat. Minor changes shall include a revision to plat notes, a revision to street or alley lengths, scrivener's errors, adjustment of lot lines that do not result in the increase or creation of additional lots or additional acreage, or changes or clarifications to easements, provided that such changes are consistent with any approved prior applications.

(2)

Major changes. All other proposed changes to the design of the subdivision shall be deemed major changes which includes, but are not limited to, the reconfiguration of street or alley alignments, the addition of streets or alleys, an increase in the number of lots or acreage, the addition or revision of a unit previously approved by the preliminary plat, any change to the open space dedication requirement, and changes to drainage. The city administrator shall determine if a change is minor or major. Major changes shall require submittal of a revised subdivision master plan (if applicable) and preliminary plat which is submitted and processed the same as a new subdivision master plan application and new preliminary plat application.

(Ordinance 2023-18, § 2(Exh. A), adopted 8/17/23)

(a)

Applicability.

(1)

A final plat is required to assure that the division or development of the land subject to the plat is consistent with all standards of this division pertaining to the adequacy of public facilities, that public improvements to serve the subdivision or development have been installed and accepted by the city or that provision for such installation has been made, that all other requirements and conditions have been satisfied or provided for to allow the plat to be recorded, and to assure that the subdivision or development meets all other standards of this division to enable initiation of site preparation activities for any lot or tract subject to the plat. Approval of a final plat shall be required prior to any non-exempt division of land and prior to any site preparation activities for a lot or tract of land that requires installation of public improvements on or adjacent thereto.

(2)

A final plat may be submitted for any phase of development consistent with an approved preliminary plat.

(b)

Application requirements. Any request for a final plat shall be accompanied by an application prepared in accordance with the city's development manual.

(c)

Processing of application and decision.

(1)

Submittal. An application for a final plat shall be submitted to the city administrator. The city administrator shall review the application for completeness. The city administrator may request a review and recommendation from any other city department or consultant. After appropriate review, the city administrator shall forward a written recommendation to the planning and zoning commission for consideration.

(2)

Decision by planning and zoning commission. The planning and zoning commission shall receive the written recommendation of the city administrator and shall consider the proposed final plat. The planning and zoning commission shall act on the plat within 30 calendar days after the date a complete application is filed. The planning and zoning commission must approve a final plat that is required to be prepared in accordance with this section and that satisfies all applicable regulations of the city. The planning and zoning commission may vote to approve with conditions or deny a final plat that does not satisfy all applicable regulations of the city.

(3)

Conditional approval and denial. If the planning and zoning commission conditionally approves or denies the final plat, a written statement must be provided to the applicant clearly articulating each specific condition for the conditional approval or reason for denial. Each condition or reason specified in the written statement may not be arbitrary and must include a citation to the regulation, ordinance, or law that is the basis for the conditional approval or denial.

(4)

Applicant response to conditional approval or denial. After the conditional approval or denial of a plat, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for denial provided. The city administrator is authorized to approve revisions required for conditional approval of the final plat. The planning and zoning commission shall determine whether to approve or deny the applicant's previously denied or conditionally approved plat, if forwarded to the planning and zoning commission by the city administrator. Action shall be taken by the city administrator or planning and zoning commission no later than the 15th calendar day after the date the response was submitted.

(d)

Criteria for approval. The planning and zoning commission, in considering final action on a final plat, shall consider the following criteria:

(1)

The plat is consistent with all city requirements including zoning requirements for the property;

(2)

The final plat conforms to the approved preliminary plat, except for minor changes that may be approved without the necessity of revising the approved preliminary plat; and

(3)

The proposed provision and configuration of roads, water, wastewater, drainage, park facilities, easements, and rights-of-way are adequate to serve the subdivision.

(e)

Expiration and extension.

(1)

Expiration. The approval of a final plat shall remain in effect for a period of two years after the date the application was approved or conditionally approved by the planning and zoning commission, during which period the applicant shall submit any required revisions for approval and recordation of the plat. If the final plat has not been recorded within the two-year period, the final plat approval, unless extended, shall expire and the plat shall be null and void.

(2)

Extension. At the request of the property owners or their representative, the expiration date for approval of a final plat may be extended by the planning and zoning commission for a period not to exceed six months. A final plat is not subject to reinstatement following expiration.

(f)

Revisions following approval of final plat.

(1)

Minor changes. An applicant may make minor changes to an approved final plat to reflect changes arising from installation of public improvements thereafter, provided that the approved final plat has not been recorded and that approval of the revised final plat occurs prior to expiration of approval of the initial final plat application. The city administrator is authorized to approve minor changes to an approved final plat. If the approved final plat has been recorded, an amending plat or replat must be approved and recorded. Minor changes shall include a revision to plat notes, a revision to street or alley lengths, scrivener's errors, adjustment of lot lines that do not result in the increase or creation of additional lots or additional acreage, or changes or clarifications to easements, provided that such changes are consistent with any approved prior applications.

(2)

Major changes. All other proposed changes shall be deemed major changes which include, but are not limited to, the reconfiguration of street or alley alignments, the addition of streets or alleys, an increase in the number of lots or acreage, the addition or revision of a unit previously approved by the preliminary plat, any change to the open space dedication requirement, and changes to drainage. The city administrator shall determine if a change is minor or major. Major changes shall require submittal of a revised final plat which is submitted and processed the same as a new final plat application. Major changes may also require the submittal of a new application for approval of a preliminary plat before approval of a revised final plat.

(Ordinance 2023-18, § 2(Exh. A), adopted 8/17/23)

(a)

Applicability. A minor plat may be submitted for approval where the proposed division of land involves four or fewer lots fronting onto an existing public or private street and not requiring the creation of any new street or the extension of municipal facilities.

(b)

Application requirements. Any request for a minor plat shall be accompanied by an application prepared in accordance with the city's development manual.

(c)

Processing of application and decision.

(1)

Submittal. An application for a minor plat shall be submitted to the city administrator. The city administrator shall review the application for completeness. The city administrator may request a review and recommendation from any other city department or consultant.

(2)

Minor plat approval. The city administrator may approve a minor plat. The city administrator may, for any reason, elect to present the plat for approval to the planning and zoning commission. The city administrator shall not disapprove a minor plat and shall be required to refer any plat for which approval is refused to the planning and zoning commission. The city administrator or the planning and zoning commission shall act on the plat within 30 calendar days after the date a complete application is filed.

(3)

Conditional approval and denial. If the planning and zoning commission conditionally approves or denies the plat, a written statement must be provided to the applicant clearly articulating each specific condition for the conditional approval or reason for denial. Each condition or reason specified in the written statement may not be arbitrary and must include a citation to the regulation, ordinance, or law that is the basis for the conditional approval or denial.

(4)

Applicant response to conditional approval or denial. After the conditional approval or denial of a plat, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for denial provided. The city administrator is authorized to approve revisions required for conditional approval of the plat. The planning and zoning commission shall determine whether to approve or deny the applicant's previously denied or conditionally approved plat, if forwarded to the planning and zoning commission by the city administrator. Action shall be taken by the city administrator or planning and zoning commission no later than the 15th calendar day after the date the response was submitted.

(d)

Criteria for approval. The city administrator or planning and zoning commission, in considering final action on a minor plat, shall consider the following criteria:

(1)

The plat is consistent with all city requirements including zoning requirements for the property;

(2)

All lots to be created by the plat already are adequately served by all required public utilities and infrastructure; and

(3)

The plat does not require the extension of any municipal facilities to serve any lot within the subdivision.

(e)

Expiration and extension.

(1)

Expiration. The approval of a minor plat shall remain in effect for a period of two years after the date the application was approved or conditionally approved by the city administrator or the planning and zoning commission. If the minor plat has not been recorded within the two-year period, the plat approval, unless extended, shall expire and the plat shall be deemed null and void.

(2)

Extension. At the request of the property owners or their representative, the expiration date for approval of a minor plat may be extended by the planning and zoning commission for a period not to exceed six months. A minor plat is not subject to reinstatement following expiration.

(Ordinance 2023-18, § 2(Exh. A), adopted 8/17/23)

(a)

Applicability. An amending plat may be submitted for approval, and if approved and recorded is controlling over the preceding plat without vacation of that plat and without notice and hearing, if the amending plat is signed and acknowledged by all owners of the property being replatted and is solely for one or more of the following purposes:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

To correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving plats, including lot numbers, acreage, street names, and identification of adjacent recorded plats;

(7)

To correct an error in courses and distances of lot lines between two adjacent lots if:

a.

Both lot owners join in the application for amending the plat;

b.

Neither lot is abolished;

c.

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

d.

The amendment does not have a materially adverse effect on the property rights of the other owners in the plat.

(8)

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

(9)

To relocate one or more lot lines between one or more adjacent lots if:

a.

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

b.

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

c.

The amendment does not increase the number of lots.

(10)

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

a.

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

b.

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

c.

The area covered by the changes is located in an area that the city council has approved, after a public hearing, as a residential improvement area.

(11)

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

a.

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

b.

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

c.

The amendment does not increase the number of lots; and

d.

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

(b)

Application requirements. Any request for an amending plat shall be accompanied by an application prepared in accordance with the city's development manual.

(c)

Processing of application and decision.

(1)

Submittal. An application for an amending plat shall be submitted to the city administrator. The city administrator shall review the application for completeness. The city administrator may request a review and recommendation from any other city department or consultant.

(2)

Amending plat approval. The city administrator may approve an amending plat. The city administrator may, for any reason, elect to present the plat for approval to the planning and zoning commission. The city administrator shall not disapprove an amending plat and shall be required to refer any plat for which approval is refused to the planning and zoning commission. The city administrator or the planning and zoning commission shall act on the plat within 30 calendar days after the date a complete application is filed.

(3)

Conditional approval and denial. If the planning and zoning commission conditionally approves or denies the plat, a written statement must be provided to the applicant clearly articulating each specific condition for the conditional approval or reason for denial. Each condition or reason specified in the written statement may not be arbitrary and must include a citation to the regulation, ordinance, or law that is the basis for the conditional approval or denial.

(4)

Applicant response to conditional approval or denial. After the conditional approval or denial of a plat, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for denial provided. The city administrator is authorized to approve revisions required for conditional approval of the plat. The planning and zoning commission shall determine whether to approve or deny the applicant's previously denied or conditionally approved plat, if forwarded to the planning and zoning commission by the city administrator. Action shall be taken by the city administrator or planning and zoning commission no later than the 15th calendar day after the date the response was submitted.

(d)

Criteria for approval. The city administrator or planning and zoning commission in considering final action on an amending plat shall consider the following criteria:

(1)

The plat is consistent with all city requirements including zoning requirements for the property;

(2)

All lots to be created by the plat already are adequately served by all required public utilities and infrastructure; and

(3)

The plat does not require the extension of any municipal facilities to serve any lot within the subdivision.

(e)

Expiration and extension.

(1)

Expiration. The approval of an amending plat shall remain in effect for a period of two years after the date the application was approved or conditionally approved by the city administrator or the planning and zoning commission. If the amending plat has not been recorded within the two-year period, the plat approval, unless extended, shall expire and the plat shall be deemed null and void.

(2)

Extension. At the request of the property owners or their representative, the expiration date for approval of an amending plat may be extended by the planning and zoning commission for a period not to exceed six months. An amending plat is not subject to reinstatement following expiration.

(Ordinance 2023-18, § 2(Exh. A), adopted 8/17/23)

(a)

Applicability. A replat is any plat that complies with V.T.C.A., Local Government Code §§ 212.014, 212.0145, and 212.015, as amended, which is generally submitted to replat a subdivision or part of a subdivision without vacation of the original plat. Replatting a portion of a recorded lot is not permitted.

(b)

Application requirements. Any request for a replat shall be accompanied by an application prepared in accordance with the city's development manual.

(c)

Processing of application and decision.

(1)

Submittal. An application for a replat shall be submitted to the city administrator. The city administrator shall review the application for completeness. The city administrator may request a review and recommendation from any other city department or consultant. After appropriate review, the city administrator shall forward a written recommendation to the planning and zoning commission for consideration.

(2)

Notification requirements for certain replats.

a.

Applicability. An application for a replat which is also accompanied by a waiver or variance request requires a public hearing and notice if:

1.

During the preceding five years, any of the area to be replatted was limited by an interim or permanent zoning classification to residential use for not more than two residential units per lot; or

2.

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

b.

Public hearing notice. Notice of the public hearing shall be given at least 16 calendar days before the date of the public hearing by:

1.

publication in an official newspaper or a newspaper of general circulation in the county in which the municipality is located; and

2.

written notice with a copy of V.T.C.A., Local Government Code § 212.015(c) attached, mailed 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.

c.

Protests. 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 and zoning commission prior to the close of the public hearing. If the proposed replat 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 planning and zoning commission members present.

1.

In computing the percentage of land area for protest, the area of streets and alleys shall be included.

(3)

Decision by the planning and zoning commission. The planning and zoning commission shall receive the recommendation of the city administrator and shall consider the proposed replat. If required, a public hearing shall be held in accordance with V.T.C.A., Local Government Code Ch. 212. The planning and zoning commission shall act on the plat within 30 calendar days after the date a complete application is filed. The planning and zoning commission must approve a replat that is required to be prepared in accordance with this section and that satisfies all applicable regulations of the city. The planning and zoning commission may vote to approve with conditions or deny a replat that does not satisfy all applicable regulations of the city.

(4)

Conditional approval and denial. If the planning and zoning commission conditionally approves or denies the replat, a written statement must be provided to the applicant clearly articulating each specific condition for the conditional approval or reason for denial. Each condition or reason specified in the written statement may not be arbitrary and must include a citation to the regulation, ordinance, or law that is the basis for the conditional approval or denial.

(5)

Applicant response to conditional approval or denial. After the conditional approval or denial of a replat, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for denial provided. The city administrator is authorized to approve revisions required for conditional approval of the replat. The planning and zoning commission shall determine whether to approve or deny the applicant's previously denied or conditionally approved replat or conditionally approved, if forwarded to the planning and zoning commission by the city administrator. Action shall be taken by the city administrator or planning and zoning commission no later than the 15th calendar day after the date the response was submitted.

(d)

Criteria for approval. The planning and zoning commission in considering final action on a replat shall consider the following criteria:

(1)

The replat is consistent with all city requirements including zoning requirements for the property;

(2)

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

(3)

If required, a public hearing was held and parties in interest and citizens have had an opportunity to be heard;

(4)

If required, the proposed provision and configuration of roads, water, wastewater, drainage, park facilities, easements, and rights-of-way are adequate to serve the subdivision; and

(5)

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

(e)

Notification of approval for certain replats. If a proposed replat does not require a variance or exception, the city administrator shall, not later than the 15th calendar 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 notification requirement does not apply to a proposed replat if the planning and zoning commission holds a public hearing and gives notice of the hearing in the manner provided above.

(1)

The notice of a replat approval must include:

a.

The zoning designation of the property after the replat; and

b.

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

(f)

Expiration and extension.

(1)

Expiration. The approval of a replat shall remain in effect for a period of two years after the date the application was approved or conditionally approved by the planning and zoning commission. If the replat has not been recorded within the two-year period, the replat approval, unless extended, shall expire and the plat shall be deemed null and void.

(2)

Extension. At the request of the property owners or their representative, the expiration date for approval of a replat may be extended by the planning and zoning commission for a period not to exceed six months. A replat is not subject to reinstatement following expiration.

(Ordinance 2023-18, § 2(Exh. A), adopted 8/17/23)

(a)

Applicability. The provisions of this section are authorized under V.T.C.A., Local Government Code Ch. 212 and shall be applicable to all areas within the city limits and ETJ.

(b)

Application requirements. Any request for vacating a plat shall be accompanied by an application prepared in accordance with the city's development manual.

(c)

Processing of application and decision.

(1)

Submittal. An application for vacating a plat shall be submitted to the city administrator. The city administrator shall review the application for completeness. The city administrator may request a review and recommendation from any other city department or consultant. After appropriate review, the city administrator shall forward a written recommendation to the city council for consideration.

(2)

Decision by the city council. The city council shall receive the recommendation of the city administrator and shall consider the proposed plat vacation. The city council may vote to approve, approve with conditions, or deny a request for vacating a plat.

(d)

Criteria for approval. The city council in considering action on vacating a plat should consider the following criteria:

(1)

The vacating plat is consistent with all zoning requirements for the property, all other requirements of this division that apply to the plat vacation, and any other applicable city requirements;

(2)

The vacating plat is signed and acknowledged by all owners of lots in the original plat; and

(3)

The vacating plat is consistent with all other state requirements pertaining to vacating a plat.

(e)

Effect of vacation.

(1)

Upon the execution and recording of the vacating instrument, the previous plat shall no longer be in effect.

(2)

Regardless of the city council's action on the application, the applicant will have no right to a refund of any monies, fees, or charges paid to the city, nor to the return of any property or consideration dedicated or delivered to the city except as may have previously been agreed to by the city council.

(3)

The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved and recorded in the manner prescribed for the original plat.

(4)

The city council, at its discretion, shall have the right to retain all or specific portions of road right-of-way or easements shown on the plat being considered for vacation. However, the City council shall consider a request for vacating a plat upon satisfactory conveyance of easements or right-of-way in a separate legal document using forms provided by the city attorney's office.

(Ordinance 2023-18, § 2(Exh. A), adopted 8/17/23)

Recording procedures. After approval of a final plat, minor plat, amending plat, or replat and acceptance of any required public improvements or execution of a subdivision improvement agreement pursuant to this division, the applicant may submit all required items to the city to record the plat in the county in which the land is located. Upon receipt of the plat recording submittal and notification of acceptance of required public improvements or execution of an improvement agreement, the city administrator shall procure the signature of the city engineer and the planning and zoning commission chairperson or his/her designee on the plat and shall promptly cause the plat to be recorded. The city administrator may, at their discretion, return the signed plat to the subdivider to record the plat with the county. No plat will be received for recording until all back taxes owed to the city have been paid in full and a certified copy of a tax certificate from the applicable county tax office has been received for the subject property.

(Ordinance 2023-18, § 2(Exh. A), adopted 8/17/23)

(a)

General. The city council may authorize waivers from the provisions of this article when, in its opinion, undue hardship will result from requiring strict compliance. In granting a waiver, the city council shall prescribe only conditions that it deems necessary or desirable to the public interest. In making their findings, the city council shall take into account the nature of the proposed use of the land involved and existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such waivers upon traffic conditions and upon the public health, safety, convenience, and welfare in the vicinity.

(b)

Timing. Waivers associated with a plat shall be submitted prior to filing a plat application. The city will not issue a letter of certification for any proposed subdivision plat exhibits requesting a waiver until the requested waiver has been approved.

(c)

Application requirements. Any request for a waiver shall be accompanied by an application prepared in accordance with the city's development manual.

(d)

Processing of application and decision.

(1)

Submittal. An application for a waiver shall be submitted to the city administrator. The city administrator shall review the application for completeness. The city administrator may request a review and recommendation from any other city department or consultant. After appropriate review, the city administrator shall forward a written recommendation to the city council for consideration.

(2)

Notification requirements for waivers. Written notice of the public hearing shall be mailed to each owner of real property within 200 feet, as indicated by the most recently approved municipal tax roll, at least 11 days prior to the public hearing.

(3)

Decision by city council. The city council shall hold a public hearing, receive the written recommendation of the city administrator, and shall consider the proposed waiver request. The city council may vote to approve, approve with conditions, or deny the waiver request.

(e)

Conditions. In approving a wavier, the city council may prescribe appropriate conditions that it deems necessary or desirable to the public interest.

(f)

Criteria for approval. The city council, in considering action on a waiver should consider the following criteria:

(1)

That the granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area;

(2)

The granting of the waiver is in harmony with the general purpose and intent of this article so that the public health, safety, and welfare may be secured and justice done;

(3)

The granting of the waiver is necessary for the preservation and enjoyment of a substantial property right;

(4)

There are special circumstances or conditions affecting the land involved or other constraints such that the strict application of the provisions of this article would deprive the subdivider of the reasonable use of the land;

(5)

The waiver request represents the minimum degree of variation, in the opinion of city council, of requirements necessary to meet the needs of the subdivider;

(6)

The waiver is to a provision of this article; and

(7)

The granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this article.

(g)

The findings of the city council, together with the specified facts upon which such findings are based, shall be incorporated into the official minutes of the city council meeting at which such waiver is granted.

(h)

Expiration. Approved waivers shall expire 12 months after approval if a plat or permit application has not been filed with the city. If a plat or permit application is filed before the waiver expires, the approved waiver shall be incorporated into the application and follow the same expiration timelines as the associated application.

(i)

Limitations. City council may only authorize a waiver to the regulations in this article.

(Ordinance 2023-18, § 2(Exh. A), adopted 8/17/23; Ordinance 2024-14, § 2(Exh. A), 6/6/24)

(a)

Applicability. The provisions of this section apply to the construction of any public infrastructure improvements.

(b)

Application requirements. Any request for construction of any public infrastructure improvements shall be accompanied by an application prepared in accordance with the city's development manual.

(c)

Processing of application and decision.

(1)

An application shall be submitted to the city administrator. The city administrator shall review the application for completeness. The city administrator may request a review and recommendation from any other city department or consultant.

(2)

Decision by the city administrator. The city administrator may approve, approve with conditions, or deny the construction plans.

(d)

Criteria for approval. The city administrator shall apply the following criteria in making a decision on the construction plans:

(1)

The construction plans are consistent with the approved preliminary plat or the proposed final plat in the event that the public infrastructure improvements are in relation to a plat; and

(2)

The construction plans conform to all applicable regulations pertaining to the construction and installation of public infrastructure improvements.

(e)

Expiration. The approval of construction plans shall remain in effect for two years after the date the construction plans were approved by the city administrator. If construction of the project has not commenced during the two-year period, approval of the construction plans shall expire. For public infrastructure improvements that are associated with a final plat, approval of the construction plans shall remain in effect for the time that approval of the final plat is in effect and shall expire when approval of the final plat expires, unless an extension is granted.

(f)

Extension. At the written request of the property owner or their authorized agent, the expiration date for the approval of construction plans may be extended by the city administrator for a period not to exceed six months.

(g)

Timing of public infrastructure improvements.

(1)

Completion prior to final plat recordation. For public infrastructure improvements associated with a proposed subdivision or development, except as provided below, completion of the improvements shall be in accordance with the approved construction plans and shall occur before an approved final plat is recorded, unless the obligation to construct public infrastructure improvements has been deferred and an improvement agreement is executed.

(2)

Installation after final plat recordation. The property owner or applicant may request to defer the obligation to construct and install one or more public improvements to serve the associated subdivision until after final plat recordation. The request shall be submitted in writing and specify what is being requested for deferral. The city administrator, at their discretion, may approve or deny the request to defer installation of public infrastructure improvements. Deferral of the obligation to install public improvements if granted shall be conditioned on execution of a subdivision improvement agreement and provision of sufficient security.

(3)

Off-site easements. All necessary off-site easements required for installation of off-site public improvements to serve the subdivision or development shall be acquired by the subdivider or developer and conveyed solely to the city by an instrument approved by the city.

(h)

Inspection and acceptance of public infrastructure improvements.

(1)

Inspections. Inspection of the public infrastructure improvements shall be conducted by the city or its representatives. Construction shall be in accordance with the approved construction plans. Any significant change in design required during construction shall be subject to approval by the city administrator.

(2)

Submission of as-built plans or record drawings. The city shall not accept dedication of required public improvements until the applicant has submitted detailed "as-built" record drawings in accordance with city requirements. In addition, the applicant shall provide a statement signed by a registered professional engineer that all improvements have been installed and constructed in accordance with the submitted as-built plans.

(3)

Acceptance of improvements. When the city administrator has determined that the public infrastructure improvements have been installed in accordance with the approved construction plans, the city administrator shall accept such improvements on behalf of the city. Acceptance of the improvements shall mean that the property owner has transferred all rights to all the public improvements to the city for use and maintenance. Upon acceptance of the required public improvements, the city administrator shall have a certificate issued to the property owner stating that all required public improvements have been satisfactorily completed.

(i)

Maintenance and warranty of improvements.

(1)

Maintenance during construction. The developer shall maintain all required public improvements during construction of the development.

(2)

Bond. The developer or owner shall covenant to warranty the required public improvements for a period of two years following acceptance by the city of all required public improvements or following the date of plat recordation, whichever occurs later. A warranty bond shall be provided in the amount of 20 percent of the costs of the improvements for such period. All public improvements shall be bonded.

(3)

Whenever a defect or failure of any required improvement occurs within the period of coverage, the city shall require that a new maintenance bond or surety instrument be posted for a period of one full calendar year sufficient to cover the corrected defect or failure.

(Ordinance 2023-18, § 2(Exh. A), adopted 8/17/23)

(a)

Deferral of public improvements. The property owner or applicant may request to defer the obligation to construct and install one or more public improvements to serve the associated subdivision until after final plat recordation. The request shall be submitted in writing and specify what is being requested for deferral. The city administrator, at their discretion, may approve or deny the request to defer installation of public infrastructure improvements. Deferral of the obligation to install public improvements if granted shall be conditioned on execution of a subdivision improvement agreement and provision of sufficient security.

(b)

Obligations under agreement. Whenever public improvements to serve development are deferred until after recordation of the final plat, the property owner shall enter into an improvement agreement and provide adequate security as determined by the city administrator. The improvement agreement shall be subject to review and approval by the city administrator and any other city department or consultant they deem necessary. The agreement shall contain the following minimum provisions:

(1)

Covenants to complete the improvements be no later than two years after approval of the final plat, unless otherwise stipulated in the terms and conditions of the improvement agreement;

(2)

Covenants to warranty the required public improvements for a period of two years following acceptance by the city of all required public improvements, unless stated otherwise in the improvement agreement;

(3)

Covenants to provide a warranty bond in the amount of 20 percent of the costs of the improvements for such period, unless stated otherwise in the improvement agreement;

(4)

Provisions for participation in the costs of the improvements by the city, if authorization has been obtained from the city council, and a performance bond for such improvements from the contractor;

(5)

Provisions for securing the obligations of the agreement in accordance with this division; and

(6)

Such other terms and conditions as are agreed to by the city and the property owner, or as may be required by this division or other city regulations.

(c)

Covenants to run with the land. The improvement agreement shall provide that the covenants contained in the agreement run with the land and bind all successors, heirs, and assignees of the property owner. All existing owners and lienholders shall be required to execute the agreement or provide written consent to the covenants contained in the agreement.

(d)

Security for completion of improvements.

(1)

Security. Whenever the property owner has entered into an improvement agreement to defer installation of public improvements, the property owner shall provide sufficient security for completion of the required public improvements. The security shall be in the form of a cash escrow, a performance bond, or surety bond provided by a licensed surety company, or other security as approved by the city administrator.

(2)

Amount and acceptability. The security shall be issued in the minimum amount of 125 percent of the estimated cost of completion that is approved by the city administrator for the required public infrastructure improvements. The terms of the security agreement shall be subject to the approval of the city administrator and the city attorney.

(3)

Remedies. Where an improvement agreement has been executed and security has been posted and required public improvements have not been installed in accordance with 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;

b.

Obtain funds under the security and complete the improvements itself or through a third party; or

c.

Assign its right to receive funds under the security to any third party, including a subsequent owner of the development, in exchange for the subsequent owner's agreement and posting of security to complete the public infrastructure improvements.

(Ordinance 2023-18, § 2(Exh. A), adopted 8/17/23)

In addition to the requirements established by this article, all subdivisions shall be designed so as to comply with the intent and provisions of article 9.03 of this Code, the building and housing codes, the comprehensive plan, regulations of the state department of transportation and the department of state health services, the county environmental health department, or successor agencies, and any other applicable law or regulation adopted by a unit of federal, state, or local government. The minimum design standards as contained herein shall provide the basic criteria for evaluating proposed subdivisions. The commission may establish reasonable design requirements in excess of the established minimum standards, or grant variances from those established minimum standards, where, by reason of exceptional topographic, cultural, historic, archaeological, hydrologic, or other physical conditions of the property to be developed or of an adjacent tract, the strict adherence to these standards will result in an inappropriate subdivision design.

(Ordinance 2001-014, § 31000, adopted 9/20/01; 2006 Code, § 154.055)

(a)

The quality of design of the city's urban area is dependent on the quality of design of the individual subdivisions that compose it. Good community design requires the coordination of the efforts of each subdivider and developer of land within the urban area. It is intended that the urban area shall be designed as a group of integrated residential neighborhoods and appropriate commercial, industrial, and public facilities.

(b)

Therefore, the design of each subdivision shall be prepared in accordance with the principles established by the comprehensive plan for land use, circulation, community facilities, and public utility services, and in accordance with the following general principles.

(1)

The neighborhood, as a planning unit, is intended as an area principally for residential use with a size that is not inconsistent with the small-town character of the city. Open space for the recreation and enjoyment of the residents should be provided and designed as an integral part of each neighborhood. The size of lots and blocks should be designed to provide adequate light, air, potable water, open space, landscaping, and off-street parking. The arrangement of lots and blocks and the street system should be designed to make the most advantageous use of topography and natural physical features. Tree masses and large individual trees should be preserved. The system of sidewalks, trails, bikeways, and roadways and the lot layout should be designed to take advantage of the visual qualities of the area.

(2)

The components of the street system should in different degrees serve the separate purposes of access to property and safe, efficient movement of traffic. Land use types should be served by roadways whose capacity increases in proportion to the traffic generation of the land use. Design and location of points of access to property should be appropriate to the volume and speed characteristics of traffic utilizing the intersection.

(3)

An open space system throughout the city area should provide a range of active and passive recreation opportunities. Park, open space, and recreation facilities should be located with sensitivity to user population, natural features, traffic generation, and nearby land use.

(4)

Land use arrangement and design should minimize the difference in intensity between adjacent uses. Stepdown patterns of use surrounding major activity centers, combined with buffering techniques, should ensure that residential densities are compatible with each other, and that residential development is not adversely impacted by higher intensity uses.

(5)

Public utilities and infrastructure should be provided within all subdivisions in order to ensure the health, safety, and well-being of the public. Utility capacity should be sufficient to meet accepted standards of service to reasonably anticipated development. Where excess capacity in utility lines or facilities within a subdivision will further the efficient and desirable extension of utilities to adjacent property, equitable provision of that capacity is essential to the orderly growth of the urban area.

(6)

When any modification, alteration, addition, or demolition of a structure or change in use or occupancy occurs on an existing developed site, it may not be possible to meet all the standards addressed by this article. The specific circumstances of each such case must be reviewed in an effort to maximize compliance with this article and ensure appropriate subdivision design.

(Ordinance 2001-014, § 31010, adopted 9/20/01; 2006 Code, § 154.056)

(a)

Purpose. The watershed provisions contained herein are deemed necessary for the following reasons:

(1)

Many of the watersheds within the city's jurisdiction contribute to the city's drinking water supply.

(2)

Waterways and their associated watersheds within the city's jurisdiction represent significant and irreplaceable recreational and aesthetic resources and contribute directly to the city's public health.

(3)

The continued economic growth of the city is dependent on an adequate quality and quantity of water, a pleasing natural environment, and recreational opportunities in close proximity to the city, as well as the protection of people and property from the hazards of flooding.

(4)

All watersheds within the city's jurisdiction, and especially those with abrupt topography, sparse vegetation, and thin and easily disturbed soil, are vulnerable to non-point source pollution and sedimentation resulting from development activities.

(5)

All watersheds within the city's jurisdiction are undergoing development or are facing development pressure.

(6)

If watersheds within the city's jurisdiction are not developed in a sensitive and innovative manner, water resources, natural environment, and recreational characteristics may be irreparably damaged.

(7)

Protection of critical environmental features such as caves, sinkholes, springs, canyon rimrocks, and bluffs is necessary to protect water quality in those areas most susceptible to pollution.

(8)

The city is the trustee of the water supply and the natural environment of all watersheds within the city's jurisdiction for existing and future generations of citizens of the city, as well as for downstream users of the Blanco River.

(9)

The city may adopt additional appropriate development rules and regulations for the purpose of protection of the watersheds and aquifers within its jurisdiction as a facet of its overall program for the control and abatement of pollution resulting from generalized discharges of pollution which are not traceable to a specific source, such as runoff from rainwater; and for the abatement of the risks related to flooding within the watersheds. These supplemental rules and regulations may take such forms as watershed protection ordinances or overlay zoning district ordinances, for example.

(b)

Overview. In order to achieve the purposes in subsection (a), the following subsections provide for stormwater management systems.

(c)

Compliance. All development plans and subdivision plats submitted to the city shall comply with the provisions of this article and any other applicable regulations; specifically, the city standards and specifications, and the state commission on environmental quality or a successor agency's rules for the aquifers.

(d)

Industrial uses.

(1)

An applicant proposing any industrial use, as defined in the city's comprehensive plan and article 9.03 of this Code, and which is not completely enclosed within a building or buildings, must provide a pollutant attenuation plan which:

a.

Proposes methods to capture all surface water runoff from developed areas to contain and filter pollutants generated on-site; and

b.

Controls dust, smoke, and other particulate matter generated on-site, to meet the state commission on environmental quality standards and city regulations.

(2)

The design of storage facilities for hydrocarbons or hazardous substances, including leak detection systems, spill containment areas, or other control measures, shall meet the following requirements:

a.

Underground storage facilities. Facilities for the underground storage of static hydrocarbon or hazardous substances shall be of double-walled construction or of an equivalent method approved by the director. Methods for detecting leaks in the wall of the storage facility shall be included in the facility's design and reviewed prior to issuance of appropriate permits for construction.

b.

Above-ground storage facilities. Facilities for the above-ground storage of static hydrocarbon or hazardous substances shall be constructed within controlled drainage areas that are sized to capture 1.5 times the storage capacity of the facility and that direct any spillage to a point convenient for collection and recovery. The controlled drainage area shall be constructed of a material impervious to the material being stored. Any spillage from these storage facilities shall be removed from the controlled drainage area for disposal within 24 hours.

(3)

All transport facilities for hydrocarbons and hazardous substances shall be approved by the director.

(e)

Stormwater management system requirements.

(1)

The commission shall not recommend approval for any plat, plan, or subdivision which does not meet the minimum requirements of this article in making adequate provision for control of the quantity of stormwater and groundwater runoff to the benefit of both future owners of property within the subdivision and other lands within the watershed.

(2)

It shall be the responsibility of the subdivider to design and construct a system for the collection and transport of all stormwater runoff flowing onto and generated within the subdivision in accordance with:

a.

The requirements of this article;

b.

Good engineering practices;

c.

Approved plans; and

d.

The principles of stormwater law established by the Texas Water Code.

(f)

Basic design objectives. In general the stormwater management system shall be designed and constructed in a manner which promotes the development of a network of both natural and built drainageways throughout the community and so as to:

(1)

Retain natural floodplains in a condition that minimizes interference with floodwater conveyance, floodwater storage, aquatic and terrestrial ecosystems, and ground and surface water;

(2)

Reduce exposure of people and property to the flood hazard and nuisance associated with inadequate control of runoff;

(3)

Systematically reduce the existing level of flood damages;

(4)

Ensure that corrective works are consistent with the overall goals of the city;

(5)

Minimize erosion and sedimentation problems and enhance water quality;

(6)

Protect environmental quality, social well-being, and economic stability;

(7)

Plan for both the large flooding events and the smaller, more frequent flooding by providing both major and minor drainage systems;

(8)

Minimize future operational and maintenance expenses;

(9)

Reduce exposure of public investment in utilities, streets, and other public facilities;

(10)

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the public;

(11)

Acquire and maintain a combination of recreational and open space systems utilizing floodplain lands; and

(12)

Preserve natural drainage patterns and limit the amount of impervious cover so as to prevent erosion, maintain infiltration and recharge of local seeps and springs, and attenuate the harm of silt and contaminants collected and transported by stormwater. Overland sheet flow shall be maintained whenever possible, and the dispersion of runoff back to sheet flow shall be a primary objective of drainage design for the subdivision as opposed to concentration of flows in storm sewers and drainage ditches.

(g)

General design requirements.

(1)

The storm drainage system shall be separate and independent of any sanitary sewer system and its use shall not interfere with the operation and maintenance of road networks or utility system.

(2)

Each lot, site, and block within the subdivision shall be adequately drained as prescribed in the city standards and specifications. Any use of retaining walls or similar construction shall be indicated on the preliminary plat and the director may require construction plans.

(3)

No subdivision shall be approved which would permit building within a regulatory floodway of any stream or watercourse.

(4)

No lot or building site within a subdivision shall derive sole access to a public street across a waterway unless that access shall be constructed to remain open under design storm conditions as prescribed in the city standards and specifications.

(5)

Areas subject to inundation under design storm conditions shall be indicated with the minimum floor elevation of each lot so affected on a certified copy of the preliminary plat submitted for filing. The commission may, when it deems necessary for the protection of the health, safety, or welfare of the present and future populations, place restrictions on the subdivision, regarding the design and use of areas within a drainageway. The commission shall not approve any subdivision of land within the floodplain of any stream or watercourse unless the applicant demonstrates that the subdivision and all development anticipated therein will comply with the requirements of this article and with the regulations of the county environmental health department.

(6)

Design of all drainage facilities, including streets, inlets, storm sewers, outfall culverts, and ditches, shall conform with the city standards and specifications.

(7)

All facilities shall be designed to intercept, detain, and transport the projected runoff from the 25-year frequency storm. Overflow or transport provisions shall be provided for the 100-year storm.

(8)

Projected runoff rates for the design of drainage facilities shall be based on the expected ultimate developed state of the upstream contributing area. The ultimate developed state shall be based on the maximum intensity allowable under existing zoning as applicable, the comprehensive plan, and approved plans within the contributing area.

(9)

All development establishing impervious cover or otherwise modifying an existing site shall incorporate facilities to prevent any increase in the peak rate of runoff from a 25-year frequency storm. The director may waive this requirement under one or more of the following circumstances. Waiver of this requirement for any reason shall not relieve the owner of responsibility under civil law to adjacent and downstream property owners. The aforementioned circumstances are:

a.

Approved off-site storage is provided for the required regulation of peak flows and adequate conveyance of stormwater flows from the site to the off-site storage facility is demonstrated;

b.

Certified engineering data and calculations are presented which demonstrate the absence of adverse impact on all downstream conveyances and property between the downstream property line and the receiving major waterway;

c.

Certified engineering data and calculations are presented which fully describe, explain, and justify alternatives to detention;

d.

The increase in runoff does not exceed the existing condition runoff, and the runoff does not affect adjoining property; or

e.

The property is adjacent to a major waterway, and, in the judgment of the director, waiver of detention requirements will not result in an increase in the peak flood flow or siltation of the major waterway.

(10)

Design of major drainageways through a subdivision and major structures such as box culverts or bridges across a major drainage channel shall be coordinated with the requirements of the county health district or a successor agency when any portion of the subdivision lies outside the city limits, and when applicable, a letter requesting a local floodplain map amendment from the Federal Emergency Management Agency (FEMA) shall be provided prior to final construction plan approval.

(11)

a.

The limits of the floodway and 100-year storm event shall be determined for natural watercourses draining 20 or more acres. Calculations for storm events shall utilize generally recognized backwater computational methods and actual field channel and overbank configuration.

b.

No importation of fill material or channel modifications shall be undertaken within the area of the 100-year floodplain without written approval of the director. This approval shall be based upon certified engineering data and calculations furnished by the applicant.

c.

All constructed or modified earthen channels shall be designed utilizing a maximum side slope of 33 percent, to allow for future maintenance and promote adequate slope stability. As a minimum, all slopes shall be hydromulched, sodded, or seeded.

(12)

a.

All street sections shall be in accordance with city standards. The allowable design drainage capacity for stormwater flow at the gutter shall be no deeper than the top of the curb.

b.

Depth of flow in streets is to be controlled to allowable levels by modification of crossfall, gradient changes, or the use of curb inlets and curb drains, and storm sewers.

(13)

a.

All bridge and culvert structures shall be designed to carry or contain the upstream runoff from a 25-year storm.

b.

Runoff from the 100-year storm shall not top the road surface at bridge or culvert crossings for an arterial or collector street crossing and shall not exceed a depth of six inches on a local street crossing.

c.

All bridge and culvert structures shall be designed so that the structural integrity of the roadway shall not be diminished by the 25- or 100-year storm event.

(14)

a.

Plans and computations for proposed drainage facilities shall be certified with the seal of the design engineer, and submitted to the director for acceptance prior to approval of construction plans.

b.

Computations for all drainage related design shall be submitted with the plans for review. Data submitted shall include a drainage area map, a summary of methodology employed and resulting data, land use, and runoff coefficient assumptions, and other pertinent hydrologic and hydraulic data.

c.

The city shall make inspections as are deemed necessary to ensure proper installation. Neither the review nor approval of the plans nor the inspection of the completed work will create any liability on the part of the city.

d.

Following construction, but prior to acceptance of improvements or issuance of a building permit, the design engineer shall furnish one set of reproducible as-built plans for each project, bearing certification by a registered professional engineer.

(15)

a.

Plans submitted for building permits or utility connections other than single-family residential or duplex construction and for those projects already in compliance with this article shall include the necessary drainage-related facilities designed and provided for in compliance with this article and the city standards.

b.

Plans and design calculations for all drainage facilities shall be submitted to the planning staff for acceptance prior to issuance of any permit within the development or subdivision.

(16)

a.

General requirements. Where a subdivision is traversed by a watercourse, drainageway, channel, or stream, or where a detention or filtration facility is required, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to the lines of that watercourse or facility, and of a width and construction to contain the design storm and required freeboard. When parking lots or other approved use areas serve a dual function, including detention, those areas shall be designated on the plat as detention areas. Wherever possible, it is desirable that the drainage be maintained by an open channel with landscaped banks having adequate width to contain the volume of flow generated by the design storm under ultimate development conditions.

b.

Design requirements.

1.

Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within road rights-of-way, perpetual unobstructed easements at least 15 feet in width for these drainage facilities shall be provided across property outside the road lines and with satisfactory access to the road. Easements shall be indicated on the plat. Drainage easements shall be carried from the road to a natural watercourse or to other drainage facilities.

2.

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

3.

Low-lying lands along watercourses subject to flooding or overflowing during storm periods shall be preserved and retained in their natural state as drainageways except where modification can be shown to benefit the community and as approved by the commission. All development activity within the regulatory floodplain must comply with city and Federal Emergency Management Agency (FEMA) floodplain management regulations.

4.

All sedimentation, filtration, detention or retention basins, and related appurtenances shall be situated within a drainage easement. The owners of the tracts upon which are located these easements, appurtenances, and detention facilities shall maintain same and be responsible for their upkeep. Notice of the duty to maintain shall be shown on the plats.

(17)

Drainage facilities shall be designed to serve the entire subdivision. In the case of a short form subdivision, the commission may approve deferral of design of drainage facilities, if any are required, to the detailed development plan. For all other subdivisions, design of drainage facilities shall be completed with other required construction plans in order to ensure adequate drainage easements and other reservations on the plat.

(18)

The requirements set forth herein are not intended to be exhaustive and wherever it is necessary to make additional requirements in order to maximize the effectiveness of the drainage plan in question, those requirements shall be made by the commission. Special exceptions to these requirements may be allowed pursuant to section 9.02.053 of this Code when the special exception will not result in drainage-related problems sought to be prevented by these regulations.

(h)

Minimum criteria for issuance of floodplain development permit. Pursuant to the city watershed protection regulations, as they may be amended from time to time, and similar provisions enforced by the county environmental health department or a successor agency, a floodplain development permit shall be required such that:

(1)

Development or alteration of the floodplain shall result in no increase in water surface elevation of the design storm of the waterway;

(2)

Development or alteration of the floodplain shall not create an erosive water velocity on or off the site. The mean velocity of stream flow at the downstream end of the site after development or alteration shall be no greater than the mean velocity of the stream flow under existing conditions as defined in the city standards and specifications;

(3)

Development or alteration of the floodplain shall be permitted by equal conveyance on both sides of the natural channel;

(4)

Relocation or alteration of the natural channel shall not be permitted without an environmental assessment, including a stream rehabilitation proposal;

(5)

The toe of any fill shall parallel the natural channel to prevent an unbalancing of stream flow in the altered floodplain;

(6)

To ensure maximum accessibility to the floodplain for maintenance and other purposes, and to lessen the probability of slope erosion during periods of high water, maximum slopes of filled area shall not exceed three to one (3:1) for 50 percent of the length of the fill and six to one (6:1) for the remaining length of the fill. The slope of any excavated area not in rock shall not exceed four to one (4:1). Vertical walls, terracing, and other slope treatments will be considered if no unbalancing of stream flow results;

(7)

Whenever feasible, the integrity of the natural waterway channel will be protected;

(8)

A landscape plan shall be required, and shall include plans for erosion control of cut and fill slopes, restoration of excavated areas, and tree protection where possible, both in and below the fill area. Landscaping should incorporate natural materials (earth, stone, or wood) on cut or fill slopes whenever possible;

(9)

The effects of existing or proposed public and private improvements shall be used in determining water surface elevations and velocities; and

(10)

Any alteration of the floodplain shall not cause any additional expense in current or projected capital improvements, nor should the alteration cause additional maintenance costs to be incurred by the city.

(Ordinance 2001-014, § 32000, adopted 9/20/01; 2006 Code, § 154.057; Ordinance 2023-18, § 2(Exh. A), adopted 8/17/23)

(a)

The planning for a thoroughfare system is essential for the continued efficient movement of people and goods. The comprehensive plan shall serve as a guide for the location and scale of future collector and arterial streets. The precise alignment of thoroughfares included in the plan may be varied to allow adjustments that increase the compatibility of the right-of-way with natural or human-made features such as steep slopes, waterways, wildlife habitats, neighborhoods, historic structures, archeological sites, or existing roadways. No subdivision shall be approved until conformance to the comprehensive plan is demonstrated. All streets, driveways, and parking facilities shall be designed to the city standards set forth herein. Every lot of a subdivision must have access to public right-of-way accepted by the appropriate governmental agency. All streets within a subdivision shall be drawn and described on the plat of record.

(b)

Circulation within the urban area shall be provided in accordance with the following design criteria. Note that references to residential neighborhoods and subdivisions apply to mobile home parks and subdivisions as well as traditional site-built home developments.

(1)

Each subdivision shall provide for the continuation of all arterial streets and highways as shown on the thoroughfare plan. Arterial streets should be located on the perimeter of the residential neighborhood.

(2)

Collector and local streets should be designed to provide access to each parcel of land within the residential neighborhood and within industrial areas, and in a manner that will discourage use by through traffic. They should be planned so that future urban expansion will not require the conversion of minor streets to arterial routes.

(3)

Collector streets should be designed to provide a direct route from other minor streets to the major street system and to provide access to public facilities within the neighborhood; however, collector streets should not be aligned in a manner that will encourage their use by through traffic.

(4)

Ingress and egress to single-family residential properties should be provided only on local or collector streets.

(5)

Pedestrian ways should be separated from roadways used by vehicular traffic. Sidewalks, as set forth in section 9.02.115, table A, shall be installed to provide all residential areas with direct access to all neighborhood facilities, including elementary schools, parks and playgrounds, churches, and shopping centers.

(6)

Bicycle lanes and bicycle paths should be separated from vehicular and pedestrian traffic and should be designed to provide access to major focal points within and beyond the neighborhood.

(7)

A sight triangle shall be established at all intersections. On local residential streets the sight triangle shall be based on the curb line; on all other streets it shall be based on the right-of-way line. The sides of the triangle shall extend for 25 feet along the right-of-way or curb lines from the projected intersection of those right-of-way or curb lines. Where the right-of-way or curb curves as the intersection is approached, the tangents at the points of beginning for the corner curve shall be projected to determine the origination of the sides of the sight triangle. No construction, planting, or grading shall be permitted to impinge on the sight triangle between the heights of three and seven feet as measured from the crowns of the adjacent streets, except as approved by the director.

(Ordinance 2001-014, § 33010, adopted 9/20/01; 2006 Code, § 154.058)

(a)

All streets shall be designed in conformance with the provisions of this section except where prohibited by conditions of unusual topography and as varied by the commission. The design standards as set forth in table A shall be followed in the layout and design of major and minor streets. Pavement width shall be measured from curb face to curb face.

Table A. Design Standards for Streets

Notes:

¹

Except that streets in mobile home parks can be a minimum of 23 feet.

(b)

(1)

Conformity to comprehensive plan. The width and location of streets shall conform to the comprehensive plan as the commission and council may have adopted, both as to horizontal and vertical alignment and right-of-way widths.

(2)

Relation to adjoining street system. The proposed street system shall extend all existing major streets and such existing secondary and local access streets as may be desirable for convenience of circulation.

(3)

Street jogs. Where offsets in street alignment are, in the opinion of the commission, unavoidable, those offsets may be approved, provided the distance between centerlines is not less than 125 feet.

(4)

Large lot subdivision. If the lots in the proposed subdivision are large enough to suggest resubdivision in the future, or if part of the parent tract is not platted, consideration must be given to possible future street openings and access to future lots which could result from resubdivision.

(5)

Through traffic. Local residential streets shall be designed so as to discourage high-speed or through traffic.

(6)

Topography. The street system shall bear a logical relationship to the natural topography of the ground.

(7)

Street right-of-way widths. Right-of-way width shall be measured in each direction from the centerline.

a.

Local streets shall have a minimum right-of-way width of 60 feet if designed to a rural standard, and 50 feet if designed to an urban standard.

b.

Collector streets shall have a minimum right-of-way width of 60 feet.

c.

Secondary arterial streets shall have a minimum right-of-way width of 80 feet.

d.

The width of primary arterial streets shall be determined by the commission in accordance with the comprehensive plan. Primary arterial streets with a right-of-way width of less than 100 feet are to be increased to a width of 100 feet for a distance of 150 feet at the approach to a major street intersection, with a transition back to normal right-of-way over a distance of an additional 150 feet.

e.

All street rights-of-way shall be of sufficient width to allow the passage of emergency vehicles. If curbside parking is allowed along the street, the rights-of-way must be sufficient width to accommodate the parked vehicles and allow simultaneous passage of emergency vehicles.

(8)

Horizontal alignment. The maximum deflection in alignment permitted without use of curve shall be ten degrees.

(9)

Arterial street curves. Curves in arterial streets shall have a centerline radius of 2,000 feet or more.

(10)

Collector street curves. Curves in collector streets shall have a centerline radius of 600 feet or more.

(11)

Local street curves. Curves in local streets are to have a centerline radius of 250 feet or more, except for loop or partial loop streets.

(12)

Reverse curves. Reverse curves shall be separated by a minimum tangent of 100 feet.

(13)

Vertical curves. Vertical curves shall be designed in accordance with the city standards and specifications.

(14)

Dead-end streets; cul-de-sacs.

a.

Turnarounds are to have a minimum right-of-way radius of 50 feet for a single-family and two-family use and 60 feet for other uses.

b.

The maximum length of a dead-end street with a permanent turnaround shall be 500 feet except in conditions of unusual topography. No more than 200 projected average daily trips shall be allowed using ITE standards for any cul-de-sac longer than 200 feet.

c.

Temporary turnarounds shall be provided at the end of streets more than 400 feet long that will be extended in the future. The following note should be placed on the plat: "Crosshatched area is temporary easement for turnaround until street is extended (give direction) in a recorded plat."

(15)

Speed bumps. Speed bumps are permitted on streets within the city.

(16)

Street intersections.

a.

Angle of intersection. Except where existing conditions will not permit, all streets, major and minor, shall intersect at a 90-degree angle. Variations of more than ten degrees on minor streets and more than five degrees on major streets must first be approved by the commission.

b.

Radius at corners. All local and collector street corners shall have 15-foot radii except acute corners which shall have a radii of 25 feet. Arterial streets shall have minimum corner radii of 25 feet. No buildings, signs, or parking shall be allowed in the area between the corner curves and the chord connecting the ends of the curves except as approved by the commission.

c.

Centerline tie with existing streets. Each new street intersecting with or extending to meet an existing street shall be tied to the existing street on centerline with dimensions and bearings to show relationship.

d.

Spacing. Table B of this section shall be used to determine the minimum spacing of intersections between roadways of the same functional classification and roadways of different functional classifications. These standards shall apply to intersections between existing and proposed new roadways and between two new roadways.

Table B. Minimum Spacing of Roadway Intersections

(17)

Reserve strips. Reserve strips at the end of streets shall not be allowed.

(18)

Street names. New streets shall be named so as to provide continuity of name with existing streets and so as to prevent conflict with identical or similar names in other parts of the city.

(19)

Private streets. Private streets are prohibited except as specifically approved in planned development districts. All private streets shall be constructed to city standards for public streets. Common access easements may be required. If a gate is proposed to limit access to the private street, its construction, operation, maintenance, and provisions for emergency access shall be reviewed and approved as a part of construction plan approval.

(20)

Unpaved street rights-of-way. The portion of the street right-of-way between a private lot line and the curb or pavement edge shall be designed and constructed to meet the requirements of the city standards and specifications.

(21)

Access to public streets from private property. Developers or builders will not cut a curb or gutter section nor pave a street right-of-way without first obtaining a permit from the city, and complying with city standards and specifications. Where no curb and gutter street construction is permitted, no developer or builder will construct or pave the bar ditch street section without first obtaining a permit from the city and complying with city standards and specifications. No temporary utility service will be provided to the building lot or site until a curb cut street right-of-way permit has been issued, and no permanent utility service will be provided until the work authorized by permit is satisfactorily completed and approved by the city.

(22)

Half streets. Dedications of partial or half streets along the perimeter of the subdivision shall not be permitted except as required for proper alignment with an existing right-of-way.

(23)

Alleys. The following design standards shall apply to alleys:

a.

Alleys shall be provided in commercial and industrial districts, except that the commission may waive this requirement where other definite and assured provision is made for service access (such as off-street loading, parking, fire protection, and solid waste disposal) that is consistent with and adequate for the uses proposed;

b.

Alleys shall not be provided in residential subdivisions except where the area design element and the subdivider produces evidence satisfactory to the commission of the need for the alleys or the commission finds that alleys and their specific design are suitable in high density residential developments and planned development districts;

c.

Alley rights-of-way serving commercial and industrial areas shall not be less than 30 feet in width. When alleys are provided in residential areas, rights-of-way shall not be less than 22 feet in width;

d.

Alley intersections and sharp changes in alignment shall be avoided; and

e.

Dead-end alleys should be avoided, but if unavoidable, shall be provided with adequate turnaround facilities at the dead-end as determined by the commission.

(24)

Pedestrian circulation. Sidewalks shall be provided along both sides of primary and secondary arterials and collectors and one side of local streets. Crosswalks shall be provided to connect parallel streets when blocks exceed 1,000 feet or when blocks exceed 500 feet and the path would provide a connection to a school, park, or other community service facility. A minimum of ten feet of right-of-way is required for all crosswalks. Sidewalks shall be provided along both sides of all streets, whether public or private, within 1,000 feet of public school or park property. Sidewalks shall be constructed as shown on the approved construction plans according to the city's construction standards and specifications for roads, streets, structures, and utilities. Sidewalks must be constructed and approved for each lot prior to issuance of a certificate of occupancy.

(c)

In the event that the city needs additional right-of-way to satisfy the standards set forth in the city's transportation master plan, the applicant shall dedicate his share of the right-of-way needed as part of the platting process.

(Ordinance 2001-014, § 33030, adopted 9/20/01; 2006 Code, § 154.059; Ordinance 2013-007, adopted 3/21/13; Ordinance 2023-18, § 2(Exh. A), adopted 8/17/23)

(a)

Purpose and applicability. Proper access design and location are essential to the maintenance of safe, efficient traffic flow. In order to prevent the proliferation of poorly spaced driveways that can result in the reduced safety and carrying capacity of public thoroughfares, the following regulations shall apply to all properties for which a land use or property boundary change is proposed.

(b)

Driveway width. No undivided driveway wider than 30 feet from curb face to curb face shall be permitted. No divided driveway shall exceed 45 feet in width at the property line. Each drive access in a divided driveway must be a minimum of 20 feet wide to provide adequate fire access. It is the developer's responsibility to carefully plan the driveway access and median design to ensure safe vehicular access.

(c)

Spacing between driveways. Excluding single-family residential uses, the minimum distances between driveways shall correspond with section 9.02.115, table A.

(d)

Spacing between driveways and intersections.

(1)

On local streets, no driveway shall be permitted closer to a corner than 60 feet unless lot dimensions prohibit such spacing.

(2)

On collector streets, no driveways shall be permitted closer to a corner than 75 feet unless lot dimensions prohibit such spacing.

(3)

On secondary arterial streets, no driveways shall be permitted closer to a corner than 120 feet.

(4)

On primary arterial streets or on secondary arterial streets within 500 feet of an intersection with a primary arterial street, driveways shall be located no closer than the specified limiting distance.

(5)

When channelized right turn lanes are used, the minimum distance between the right turn lane and the driveway shall be no less than the specified clearance.

(Ordinance 2001-014, § 33040, adopted 9/20/01; 2006 Code, § 154.060)

Where provided, trails should be designed and located so as to separate bicyclists from other vehicular and pedestrian traffic. Two-way trails should be avoided along roadways. A physical barrier separating bicycle and automotive traffic should be provided where a trail is adjacent to a roadway. In general, trails should be designed in accordance with the standards contained in the table below.

Design Standards for Trails

(Ordinance 2001-014, § 33059, adopted 9/20/01; 2006 Code, § 154.061)

(a)

The length, width, and shape of blocks shall meet the following standards:

(1)

Provide adequate building sites (lots) suitable to the special needs of the type of use designated on the plat;

(2)

Accommodate lots of the size and dimensions required by sections 9.02.119(e) and (f);

(3)

Provide for convenient access, circulation, control, and safety of street traffic;

(4)

Minimize reductions in the capacity of adjacent streets insofar as possible by reducing the number of turning movement conflicts;

(5)

Provide an appropriate response to the limitations and opportunities of topography; and

(6)

Increase the ability of building sites (lots) to receive or to be protected from solar gain as the season requires in order to improve utility efficiency and increase the livability of each lot.

(b)

Residential blocks shall not exceed 1,300 feet nor be less than 500 feet in length, except as otherwise provided for herein.

(c)

Blocks along arterial streets shall not be less than 1,300 feet.

(d)

The width of blocks shall be sufficient to accommodate two tiers of lots with minimum depth as required by section 9.02.119(e). Exceptions to this width shall be permitted in blocks adjacent to major streets, waterways, or other topographical features prohibiting a second lot tier.

(e)

The commission may, at the preliminary plat phase, require the dedication of an easement or right-of-way not less than ten feet wide bisecting the center of any block in excess of 800 feet in length to accommodate utilities, drainage facilities, and pedestrian access, upon recordation of the plat.

(f)

Blocks shall be identified on each plat by consecutive adjacent numbers within each subdivision and portion thereof. Blocks forming a continuation of a previous subdivision block shall continue the block number.

(Ordinance 2001-014, § 34010, adopted 9/20/01; 2006 Code, § 154.062)

(a)

Designation. All land area within the boundaries of the subdivision or resubdivision, except that area specifically dedicated as public right-of-way for any purpose, shall be designated as a lot. Each lot shown on a plat shall be clearly designated by a number located within the boundaries of the lot. The boundaries of each lot shall be shown by bearing and distance in relation to the monuments found or established on the ground in conformance with this article.

(b)

Use. The proposed use for each lot shall be indicated on the plat as one of the following:

(1)

RA; Residential Acreage;

(2)

R-1; Rural Residential 1 (minimum two acre lots);

(3)

R-2; Single-Family Residential 2 (minimum 20,000 square foot lots);

(4)

R-3; Single-Family Residential 3 (minimum 10,000 square foot lots);

(5)

R-4; Single-Family Residential 4 (minimum 6,000 square foot lots);

(6)

R-5; Two-Family Residential (Duplex Homes);

(7)

MF-1; Multi-Family Residential 1 (Triplex/Quadriplex/Apartments);

(8)

MF-2; Multi-Family Residential 2 (Apartments);

(9)

MH; Mobile Home;

(10)

Special requirements for mobile home parks;

(11)

O-1; Office - Low Impact;

(12)

O-2; Office - High Impact;

(13)

C-1; Commercial - Low Impact;

(14)

C-2; Commercial - Moderate Impact;

(15)

C-3; Commercial - High Impact;

(16)

HC; Highway Commercial;

(17)

I-1; Industrial - Low Impact;

(18)

I-2; Industrial - High Impact;

(19)

AS/S; Animal Sales/Services;

(20)

L-1; Lodging (1—15 Units);

(21)

L-2; Lodging (1—30 Units);

(22)

IP; Industrial Park;

(23)

PPU; Public Protection/Utility;

(24)

PR-1; Participant Recreation - Low Impact;

(25)

PR-2; Participant Recreation - High Impact;

(26)

PF; Public Facilities;

(27)

NS; Neighborhood Services District;

(28)

WPDD; Planned Development District;

(29)

RR-1; Rural Retreat 1;

(30)

VI; Village Inn;

(31)

SC; Scenic Corridor.

(c)

Lot shape. All lots shall be rectangular except when the street alignment is curved in order to conform with other provisions of this chapter or configuration of the parent tract does not permit. No lot shall have a corner intersection of less than 45 degrees. The ratio of average depth to average width shall not exceed 2.5 to 1 (2.5:1) nor be less than 1.5 to 1 (1.5:1) unless the lot is at least 1.5 times the required lot size, both the depth and width of the lot exceed the minimums required in these regulations, and the director finds that the proposed lot dimensions are consistent with surrounding development and the comprehensive plan. This subsection shall not apply to any amendment to a subdivision that does not increase the number of lots and is a minor amendment either dissolving an interior lot line or amending an interior lot line location.

(d)

Lot orientation.

(1)

Standard frontage. All lots shall face and have contiguous frontage on a usable, dedicated public road right-of-way, except lots within a WPDD which may have similar frontage on a private street under common ownership. The extent of this frontage (front line) shall conform to the minimum lot width requirements set forth herein.

(2)

Lot facing. Facing lots shall be compatible. Lots arranged so that the rear line of a lot or lots is also the side line of an adjacent lot shall be avoided. When this occurs, ten feet shall be added to the minimum lot width and the side building line adjacent to the rear yard of another lot.

(3)

Lot lines. The lot line common to the street right-of-way line shall be the front line. Side lot lines shall project away from the front line at approximately a right angle to street lines and radial to curved street lines. The rear line shall be opposite and approximately parallel to the front line. The length and bearing of all lot lines shall be indicated on the plat.

(4)

Double frontage.

a.

Residential lots shall not have frontage on two non-intersecting local or collector streets.

b.

Residential lots adjacent to an arterial street shall also have frontage on a local street. Vehicular access to these lots shall be from the local street only. Nonresidential lots with double frontage shall have offset access points to inhibit cut-through traffic.

(e)

Lot area. The base minimum lot area for all lots served by a publicly approved sewer system shall conform to article 9.03 of this Code and following requirements in the table below in this section; provided, however, the base minimum lot area for all lots utilizing on-site sewage facilities (OSSFs) shall be one acre.

(f)

Standards. Lot width and depth, coverage by structures, and coverage by impervious surfaces shall conform to the requirements as established for the designated land use as set forth in the table below in this section. In addition, all lots shall provide a ten-foot public utility easement adjacent to all public rights-of-way. Public utility easements on side and rear lot lines shall be required as needed to accommodate utilities and drainage.

(g)

Corner lots. Lots having frontage on two or more intersecting streets shall be classified as corner lots.

(1)

Corner lots adjacent to streets of equal classification shall have only one access driveway on either of the intersecting streets, except as otherwise approved by the commission.

(2)

Corner lots adjacent to streets of unequal classification shall access the lower classification street only, and only one drive approach shall be allowed, except as otherwise approved by the commission.

(3)

The building setback line for all corner lots shall conform to the minimum requirements for the land use designated but shall never be less than 25 feet from an existing or proposed street right-of-way, except that on back-to-back corner lots the setback on the common side yard can be reduced to 15 feet when the owners of both properties agree and provided that a garage facing the side street must be set back not less than 20 feet.

(4)

Corner residential lots shall be ten feet wider than the average interior lot on the same block.

Design Standards for Lots

* Use second figure when adjacent to single-family district.
** Use last figure when next to a single-family district and building more than one story.
*** See zoning section for requirements for lot width and depth.

(h)

Building lines. Each property line of each lot shall have a building setback line which runs parallel to the property line. The front and rear building setback lines shall run between the side lot lines. The side building setback lines shall extend from the front building setback line to the rear building setback line. The minimum distance from the lot line to its corresponding building setback line for each designated land use shall conform to the table above in this section.

(1)

All building setback lines shall be indicated on the subdivision plat. The area between the property line and the building line shall be the required yard area. No structure or impervious construction shall be allowed in the front yard area except for the following:

a.

Fences and screens in accordance with section 9.02.123 of this Code;

b.

Driveways and sidewalks as allowed herein;

c.

Utility distribution lines and appurtenances within dedicated easements and rights-of-way; and

d.

Drainage structures.

(2)

No structures or impervious construction shall be allowed in required side or rear building setback areas except for the following accessory structures on single- or two-family residential lots:

a.

Swimming pools, including surrounding decks, located at least five feet from the property line, and screened by a six-foot tall privacy fence;

b.

Playscapes not taller than nine feet above mean grade, located at least five feet from the property line, and screened by a six-foot tall privacy fence;

c.

Stand-alone satellite dishes or telecommunications devices not taller than six feet above mean grade, located at least five feet from the property line and screened by a six-foot tall privacy fence;

d.

Driveways to side entry garages; and

e.

Open patios located at least three feet from the property line.

1.

For the purpose of this section, the following definition shall apply, unless the context clearly indicates or requires a different meaning:

Patio. A level surfaced area without walls and a roof.

2.

A patio attached to the principal structure cannot be elevated above the first-floor level of the principal structure; a freestanding patio cannot be elevated more than 12 inches above grade level.

(3)

The building setback line for all corner lots shall conform to the minimum requirements for the land use designated but shall never be less than 25 feet from an existing or proposed street right-of-way.

(4)

Corner residential lots shall be ten feet wider than the average interior lot on the same block.

(i)

Mobile home spaces. All of the design requirements for lots listed in subsections (a) through (i) of this section apply to a mobile home park lease space that serves as a lot area for an individual mobile home unit within a park development.

(j)

Access requirements.

(1)

A minimum of one all-weather access area (either individually, or common to more than one lot) or driveway shall be provided for each buildable lot connecting the buildable area of the lot to an existing or proposed dedicated public street. An exception may be made for lots within a WPDD which may have similar access to a private street.

(2)

All driveway approaches shall be constructed to conform with the city standards and specifications.

(3)

Single-, two-, and three-family residential drive approaches shall have a five-foot minimum radius on each side, a minimum width of ten feet, a maximum width of 24 feet, and shall be constructed as required by the city standards and specifications.

(4)

Driveways shall be spaced as required by sections 9.02.116(c) and (d).

(5)

No undivided driveway shall exceed 30 feet in width at the property line nor have a street return radius less than 15 feet except as provided for in subsection (j)(3) above. No divided driveway shall exceed 45 feet in width at the property line nor have a street return radius less than 15 feet except as provided for in subsection (j)(3).

(6)

All driveways shall approach the street at right angles to the pavement centerline.

(k)

Lot numbering.

(1)

All lots are to be numbered consecutively within each block. Lot numbering may be cumulative throughout the subdivision if the numbering continues from block to block in a uniform manner that has been approved on an overall preliminary plat.

(2)

Any lot(s) being resubdivided shall be consecutively numbered beginning with the last available number in the existing block or subdivision.

(l)

Lot drainage. Lot drainage shall be in conformance with the requirements of section 9.02.113.

(Ordinance 2001-014, § 34020, adopted 9/20/01; 2006 Code, § 154.063; Ordinance 2018-38, adopted 8/2/18; Ordinance adopting 2018 Code)

(a)

All existing and proposed easements, safety lanes, and rights-of-way shall be clearly indicated on the plat. The use of each easement or right-of-way shall be indicated. No permanent structure may be placed in or over any easement or right-of-way except a structure whose use and location are necessary to the designated use of the right-of-way or easement or which otherwise will not affect the use, maintenance, or repair of the easement. Each easement or right-of-way shall be described by:

(1)

Uniform width if it is contiguous with and parallel to a lot line; and

(2)

Bearing and distance references tied to one or more lot monuments.

(b)

The width and alignment of all easements or rights-of-way to be dedicated shall be approved by the grantee and shall be accompanied by a notarized statement of dedication on the plat.

(c)

Easements shall be established and dedicated for all utility apparatus, drainage facilities including detention areas, common access areas, and other public or quasi-public uses requiring dedication of property rights.

(Ordinance 2001-014, § 34030, adopted 9/20/01; 2006 Code, § 154.064)

(a)

Water system required. Subdividers shall be responsible for providing an approved public water supply system consistent with the comprehensive plan. Where an approved public water supply or distribution main is within reasonable distance of the subdivision as determined by the commission, or in any case less than one-half mile away and connection to the system is both possible and permissible, the subdivider shall be required to bear the cost of connecting the subdivision to the existing water supply. The subdivider shall, consistent with all existing ordinances, make a pro rata contribution to funding of needed storage facilities, treatment facilities, and specific distribution lines as determined necessary by the city. Under extraordinary circumstances, these provisions may be varied with the approval of the council and commission.

(b)

General water system design.

(1)

The design and construction of the public water system shall comply with regulations covering extension of public water systems adopted by the state commission on environmental quality. Water systems shall be of sufficient size to furnish adequate domestic water supply, to furnish fire protection and water services to all lots, and to conform with the master water distribution system plan for the city. Fire hydrants shall be provided as required by the city's standards and specifications. No main line extensions shall be less than eight inches. All new water systems should be designed and constructed to operate on a gravity feed basis, thereby eliminating the need for booster pumps or other similar devices.

(2)

The design and layout of the water distribution system shall be acceptable, without penalty, to the state fire insurance commission. To that end, the following fire flows shall be required:

a.

Principal mercantile and industrial areas: 3,000 gpm;

b.

Light mercantile areas: 1,500 gpm;

c.

Congested residential areas: 750 gpm; and

d.

Scattered residential areas: 500 gpm.

(3)

All fire flows shall be calculated with 20 pound residual pressure.

(4)

The requirement to meet fire flow standards may be modified in rural subdivisions as specified in section 9.02.197.

(c)

Water availability. These rules are intended to preserve and protect the water resources within the jurisdiction of the city. However, the city council does not make any warrant, express, implied, or otherwise, that subdivisions which comply with these rules will be able to meet the water needs of those purchasing lots with the subdivision.

(1)

Applicability. This subsection (c) shall apply to all applicants seeking subdivision approval from the city planning and zoning commission and the city council.

(2)

Exemptions. A subdivision is exempt from the water availability test, subsection (c)(4), if it is:

a.

A subdivision in which all new lots are restricted by plat note to be served only by rainwater collection or surface water resources; or

b.

A subdivision served by a Texas Commission on Environmental Quality (TCEQ) approved public water supply that has certified the availability of water without the construction of new wells;

c.

A subdivision where each new lot is restricted by plat note to a total well pump rate of no more than 800 gallons per day; and:

1.

Qualifies for short form subdivision where the parent tract to be subdivided was not created by more than one subdivision of a larger tract that existed on or subsequent to July 7, 2005 (the date of enactment of the amendment of this section); or

2.

Results from a replat or amending plat of an existing subdivision creating a number of lots no greater than the original number of lots.

d.

For the purposes of this subsection:

1.

The parent tract shall be the totality of land to be subdivided resulting from the combination of any number of properties.

2.

Any property having newly created boundaries or limits as a result of subdivision shall be considered a new lot.

(3)

Requirements.

a.

Subdivisions to be served by individual private water wells.

1.

Applicants must demonstrate water availability by performing the water availability test, subsection (c)(4); and

2.

Each lot in the subdivision shall be restricted by plat note to a total pump rate of no more than 1,200 gallons per day.

b.

Subdivisions to be served by TCEQ-approved water supplies. Applicants proposing to serve a new subdivision by a new or existing public water supply system shall provide the city with the following:

1.

A certification that the public water system has sufficient capacity and acceptable water quality to serve all of the proposed built-out development in the subdivision together with all existing service customers. The certification shall include detailed engineering data and be based on a pump rate as required by the water availability test, as in subsection (c)(4)b.12. If any additional well is required for the public water supply system to accommodate the increased demand due to the subdivision, then the water availability test, subsection (c)(4), shall be performed;

2.

A map identifying the service boundaries of the public water supply system as authorized in its certificate of convenience and necessity;

3.

The existing annual water usage of the public water supply system;

4.

The projected annual water usage of the subdivision;

5.

Certification that all lots in the existing system and the new subdivision are or will be individually metered; and

6.

Mobile homes within parks must be individually metered for usage of city water.

c.

Best management practices. These standards shall apply to all subdivisions developed within the jurisdiction of the city. Management of water resources for subdivisions shall be conducted utilizing the most recent and most effective practices available, based on up-to-date scientific data and records such as those available from the state commission on environmental quality, the state water development board, the Hays Trinity Groundwater Conservation District, the Barton Springs/Edwards Aquifer Conservation District, or successor agencies, and other entities qualified to publish guidelines for the preservation of water quality and quantity in the Texas Hill Country.

(4)

Water availability test.

a.

The water availability test shall be conducted for any new or expanded water supply system whether it is composed of individual wells or is a public water supply system. The applicant shall construct at least two wells (one test well and one monitor well). Use of existing wells will be permitted if the wells fully meet these regulations. Testing and reporting shall be performed by a state-registered professional engineer or hydrogeologist qualified to perform the hydrogeological testing, geophysical well logging, and aquifer pump testing.

b.

The following information shall be provided to the city:

1.

The identity of the hydrogeologic formation supported by well logs and approved geophysical methods;

2.

The subdivision area in acres;

3.

The number of SFUs (single-family dwelling units) to be in the subdivision at full build-out;

4.

The water test area in acres, defined as the sum of the area of the proposed subdivision plus the area of all property within a distance from the proposed subdivision boundaries that is the greater of where measurable draw-down effects from the proposed subdivision wells are expected, or 0.5 mile;

5.

A map and a list of all known existing wells, located by latitude and longitude, within the water test area;

6.

A map, a list, and the number of all known existing single-family residential units, located by latitude and longitude, within the water test area;

7.

The subdivision density, defined as the number of new SFUs at build-out of the entire subdivision divided by the area of the subdivision, such as: Subdivision Density = SFUs/Subdivision Area;

8.

The test area density, defined as subdivision density minus existing SFUs divided by water test area, such as: Test Area Density = Subdivision Density - Existing SFUs/Water Test Area;

9.

The number of virtual SFUs, defined as the number of single-family residential units that would exist if the entire water test area were built out to the same density as the subdivision, such as: Virtual SFUs = Test Area Density × Water Test Area;

10.

The water usage of the proposed subdivision, defined to be the greater of 1,200 gallons per day (24 hours) per SFU, or one-tenth of the pumping capacity of the installed well;

11.

The existing water usage, defined as the total daily (24-hour) volume of water pumped by all existing systems in the water test area. This rate may be determined from the records of experience of a public water supply system. In the absence of records the water usage shall be defined to be not less than 600 gallons per day per existing SFU;

12.

The pump rate (gallons per day (24 hours)) for the water test area, defined as virtual SFU times water usage, plus existing water usage, such as: Pump Rate = Virtual SFUs × (Water Usage + Existing Water Usage);

13.

Obtain the static water level to the nearest 0.1 foot (mean sea level elevation). The test and monitor wells shall contain a one-inch plug to facilitate possible future water level monitoring. The city reserves the right to maintain selected monitor well sites for long-term data acquisition of static water levels in order to track regional water level trends;

14.

Perform an aquifer pump test using approved methods for the karst aquifer systems of the Hill Country. The pump test shall be performed prior to any acidization or other flow capacity treatment. The duration of the pump test shall be 24 hours or until the water level has stabilized to less than 0.1 foot fluctuation in the test well for a period exceeding two hours. The constant pumping rate used in the pumping test shall be at least the pump rate defined in subsection (d). Following pumping, water level measurements shall be continued in the test and monitor wells until levels recover to within 0.25 feet of their original static levels;

15.

Using information from the aquifer pump test, calculate aquifer properties including transmissivity, hydraulic conductivity, and storage coefficient of the test and monitor wells;

16.

Using aquifer properties and the pump rate as in subsection (d), provide cumulative drawn-down calculations for selected locations within the water test area; and

17.

Provide the bacterial and chemical analysis of the test well as required for public water supplies.

c.

A summary of the results of the test, including of all of the above-referenced data, shall be prepared for distribution to all existing land owners within the water test area and to prospective buyers of the lots in the subdivision.

(d)

Water availability definitions. For the purpose of this section, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:

Density. The number of SFUs per acre of ground.

Existing SFUs. Existing single-family units within the water test area at full build-out.

Existing water usage. Water pumped by all existing systems in the water test area in a day (24 hours). This rate may be determined from the records of experience of a public water supply system. In the absence of records, the water usage shall be defined to be not less than 600 gallons per day per existing SFU.

Public water supply system. TCEQ approved system.

Pump rate.

(1)

The rate in gallons per day (24 hours) at which water must be pumped to conduct the water availability test.

(2)

Total gallons per day (24 hours) within the water test area; or Pump Rate = Virtual SFUs × (Water Usage + Existing Water Usage).

SFUs. Single-family dwelling units within the subdivision at full build-out.

Subdivision area. The land area in the subdivision in acres.

Subdivision density. SFUs divided by the subdivision area, such as: Subdivision Density = SFUs/Subdivision Area.

Test area density. Subdivision density minus existing SFUs divided by water test area, such as: Test Area Density = Subdivision Density - Existing SFUs/Water Test Area.

Virtual SFUs. The number of single-family residential units that would exist if the entire water test area were built out to the same density as the subdivision; or Virtual SFUs = Test Area Density × Water Test Area.

Water availability test. The test to demonstrate the availability of groundwater in a new subdivision.

Water test area. The land area in acres which is the sum of the area of the proposed subdivision plus the area of all property within a distance from the proposed subdivision boundaries that is the greater of: where measurable drawn-down effects from the proposed subdivision wells are expected, or 0.5 mile.

Water usage. Of the proposed subdivision, not less than 600 gallons per day (24 hours) per SFU.

(Ordinance 2001-014, § 35010, adopted 9/20/01; Ordinance 2005-006, adopted 7/7/05; 2006 Code, § 154.065)

(a)

Sanitary sewer system required. Subdividers shall be responsible for providing an approved public sanitary sewer system, consistent with the comprehensive plan, throughout the entire subdivision such that all lots, parcels, or tracts of land will be capable of connecting to the sanitary sewer system except as otherwise provided herein. Where an approved public sanitary sewer collection main or outfall line is within reasonable distance of the subdivision as determined by the commission, but in no case less than one-half mile away, and connection to the system is both possible and permissible, the subdivider shall be required to bear the cost of connecting his or her subdivision to the existing sanitary sewer system. The design and construction of a public sanitary sewer system shall comply with regulations covering extension of public sanitary sewer systems adopted by the state commission on environmental quality. Under extraordinary circumstances, these provisions may be varied with the approval of the council and commission.

(b)

General sanitary sewer system design. All new public sanitary sewer systems shall be designed and constructed to operate on a gravity flow basis by taking advantage of natural topographic conditions and thereby reducing the need for lift stations and force mains. All treated sewage effluent from centralized systems shall be disposed of by land application and not point discharge to drainage channels in the watershed.

(Ordinance 2001-014, § 35020, adopted 9/20/01; 2006 Code, § 154.066)

(a)

Purpose.

(1)

For the purpose of providing for the orderly, safe, attractive, and healthful development of land located within the community and promoting the health, safety, and general welfare of the community, it is deemed necessary to establish requirements for the installation and maintenance of landscaping elements and other means of site improvements in developed properties. These provisions are exclusive of detached single-family and two-family residences, except as described in subsection (d)(1) of this section. The regulations contained herein are necessary to enhance the community's ecological, environmental, and aesthetic qualities.

(2)

Paved surfaces, automobiles, buildings, and other improvements produce increases in air temperatures, a problem especially noticeable in this southern region, whereas plants have the opposite effect through transpiration and the creation of shade. Likewise, impervious surfaces created by development generate greater water runoff, causing problems from contamination, erosion, and flooding. Preserving and improving the natural environment and maintaining a working ecological balance are of increasing concern. The fact that the use of landscape elements can contribute to the processes of air purification, oxygen regeneration, water absorption, water purification, and noise, glare, and heat abatement, as well as the preservation of the community's aesthetic qualities, indicates that the use of landscape elements is of benefit to the health, welfare, and general well-being of the community, and, therefore, it is proper that the use of such elements be required.

(3)

The city experiences frequent droughts; therefore, it is a purpose of this section to encourage the use of drought-resistant and native plants that do not consume large quantities of water.

(b)

Applicability. The requirements and standards for the installation and maintenance of landscape elements and site improvements as set forth herein shall apply to all developments within the territorial jurisdiction of the city, except that exclusive of subsection (d)(1) of this section, these provisions shall not apply to single- and two-family residences. Furthermore, these requirements and standards shall not apply to any structure existing on the effective date of this article, except in the event of reconstruction. However, this exemption shall not apply where a detailed development plan is required as a condition of approval granted by the planning and zoning commission or the city council. All other new development subject to these regulations shall be in full compliance with the provisions of this article.

(c)

General requirements.

(1)

Installation. All landscape materials shall be installed according to American Association of Nurserymen (AAN) standards.

(2)

Maintenance. The subdivider or subsequent owners of the landscaped property, or the manager or agent of the owner, shall be responsible for the maintenance of all landscape areas. These areas shall be maintained so as to present a healthy, neat, and orderly appearance at all times and shall be kept free of refuse and debris. Maintenance shall include the replacement of all dead plant material if that material was used to meet the requirements of this article.

(3)

Irrigation standards.

a.

One of the following irrigation methods shall be used to ensure survival of the required plant material in landscaped areas:

1.

Drip or leaky-pipe system. An automatic or manual underground irrigation system in conjunction with a water-saving system such as a drip or leaky pipe system; or

2.

Temporary and above-ground watering. Landscape areas utilizing xeriscape plants and installation techniques, including areas planted with native grasses, wildflowers, and trees, may use a temporary and above-ground system, and shall be required to provide irrigation for the first three growing seasons.

b.

Installation of rain and freeze sensors shall be required.

c.

No irrigation shall be required for undisturbed natural areas or undisturbed existing trees.

(4)

Planting criteria.

a.

Trees. Trees shall be a minimum of two inches in caliper measured three feet above finished grade immediately after planting. If trees are proposed that are not chosen from the recommended list provided in appendix F of Ordinance 2001-014 [not printed herein], trees shall have an average mature crown greater than 15 feet in diameter. Trees having an average mature crown less than 15 feet in diameter may be substituted by grouping the same so as to create at maturity the equivalent of a 15-foot diameter crown if the drip line area is maintained.

b.

Shrubs, vines, and ground cover. Shrubs, vines, and ground cover planted pursuant to this section shall be good, healthy nursery stock. Shrubs must be a minimum of a one-gallon container size.

c.

Lawn grass. Grass areas should be planted in drought-resistant species normally grown as permanent lawns, such as Bermuda, Zoysia, or Buffalo. Grass areas may be sodded, plugged, sprigged, or seeded, except that solid sod shall be used in swales or other areas subject to erosion.

d.

Synthetic lawns or plants. Synthetic or artificial lawns or plants shall not be used in lieu of plant requirements in this section.

e.

Architectural planters. The use of architectural planters may be permitted in fulfillment of landscape requirements.

f.

Other. Any approved decorative aggregate or pervious brick pavers shall qualify for landscaping credit if contained in planting areas, but no credit shall be given for concrete or other impervious surfaces.

(5)

Landscape plan requirements. Prior to preliminary plat approval, or detailed development plan approval if deferral of the plan is permitted, the subdivider shall submit and receive approval of a landscape plan demonstrating compliance with the landscape requirements contained herein. Plans shall show all dimensions, types of materials, width of buffer yards, size and spacing of vegetative materials, and plans for providing water to plants. The plans shall demonstrate that landscaping and buffering materials will:

a.

Abate objectionable noise, light, glare, visual clutter, dust, or loss of privacy; and

b.

Adequately accomplish the purpose for which they were intended.

(d)

Required site landscaping.

(1)

Landscape area; minimum percentage.

a.

A minimum percentage of the total lot area of property on which development, construction, or reconstruction occurs after the effective date of this article shall be devoted to landscape development in accordance with the following schedule. These requirements shall not apply to the development, construction, or reconstruction of single-family detached or two-family residential structures except when those structures abut an arterial street.

Required Landscaping Schedule

b.

Exceptions to this subsection (d) may be granted to require a lesser amount of landscaping, by the commission, if the aesthetic, buffering, and environmental intent of this article is met, and the reduction of the landscape area results in the preservation of a natural feature having comparable value to the reduced landscape requirements.

(2)

Location. The landscaping shall be placed upon that portion of a tract or lot that is being developed. Fifty percent of the required landscaped area and required plantings shall be installed between the front property lines and the building being constructed. Undeveloped portions of a tract or lot shall not be considered landscaped, except as specifically approved by the commission.

(3)

Credit for trees. In order to reward the preservation of existing trees, 100 percent of the crown area of undisturbed existing trees shall be reduced from the landscape area requirements; provided that the area surrounding the tree is left undisturbed and that this area consists of at least 100 square feet but not less than 50 percent of the crown area.

(4)

Required plantings. For every 600 square feet of landscape area required by subsection (d)(1) above, two trees and four shrubs shall be planted.

(5)

Buffer yards. Buffer yards shall be required between lots or parcels with uses which differ by more than one level of intensity as defined by article 9.03 of this Code.

(6)

Parking lot landscaping; landscape area. Parking lot landscaping shall be applied to meet the site landscaping requirements in this subsection (d).

a.

Required landscaping. The parking lot landscape area requirements are based on the percentage of parking located between the building facade and the right-of-way:

1.

Less than 25 percent of the parking located between the building facade and the right-of-way requires 13 square feet of landscaping per parking stall;

2.

Between 25 percent and 75 percent of the parking located between the building facade and the right-of-way requires 18 square feet of landscaping per parking stall; and

3.

Greater than 75 percent of the parking located between the building facade and the right-of-way requires 23 square feet of landscaping per parking stall.

b.

Internal parking lot landscaping.

1.

Two trees and four shrubs shall be planted for each 600 square feet of required landscape area.

2.

All new trees within a parking lot shall be planted in a pervious area of at least 150 square feet and have a minimum dimension of 8.5 feet (such as 8.5 feet by 18 feet). However, up to 20 percent of the required trees may be planted in islands of at least 25 square feet and have a minimum dimension of five feet.

3.

To reduce the thermal impact of unshaded parking lots, trees shall be planted throughout parking lots so that no portion of the lot is more than 64 feet away from the trunk of a tree unless otherwise approved by the commission.

c.

Parking lot screening.

1.

All parking shall be screened from public rights-of-way and public park areas using a solid screen. The screen shall be at least 36 inches in height, and be achieved through one of the following methods:

i.

A berm having a maximum slope of 33 percent;

ii.

A planting screen (hedge);

iii.

A wall not exceeding four feet in height; or

iv.

A combination of the above.

2.

Live screening shall be capable of providing a solid 36-inch screen within two years.

3.

Screening shall be offset at least six feet every 60 linear feet.

(7)

Replacement of trees. Should a tree die or be removed for which credit has been obtained pursuant to the terms of this section, landscape development sufficient to equal the area credited shall be required. A small tree that will have a mature crown similar to the tree removed may be substituted if the planting area or pervious cover provided for the larger tree in subsection (d)(3) above is retained.

(e)

Screening requirements.

(1)

Fences. Fences shall be constructed in accordance with article 4.07 of this Code.

(2)

Screening of mechanical equipment.

a.

Properties which may be viewed from residential uses, streets, or public park areas shall screen all roof-, ground-, and wall-mounted mechanical equipment (such as air handling equipment, compressors, duct work, transformers, and elevator equipment) from view at ground level.

b.

Roof mounted mechanical equipment shall be shielded from view on four sides. Screening shall consist of materials consistent with the primary building materials, and may include metal screening or louvers which are painted to blend with the primary building. Screening shall result in the mechanical equipment blending in with the primary building, and not appearing separate from the building.

c.

Wall or ground mounted screening shall be constructed of:

1.

Planting screens;

2.

Brick, stone, or other similar masonry materials;

3.

Redwood, cedar, preservative pressure-treated wood, or other similar materials; and

4.

All fence posts shall be rust-protected metal, concrete-based masonry, or concrete pillars.

d.

A variance may be granted in cases with extreme topographic differences.

(3)

Screening of outside storage.

a.

Outside storage shall be located at the rear of the primary building and shall be screened from public view.

b.

Outside storage shall be screened with a minimum seven-foot tall screen or a screen that is a minimum of one foot above the top of the storage materials, whichever is taller. Screening shall be:

1.

A masonry wall or other material that is similar to the primary structure;

2.

A berm;

3.

A planting enclosure of large evergreen shrubs planted a maximum of four feet apart that shall create a solid screen to a minimum height of seven feet within two years as determined by a registered landscape architect, certified nurseryperson, or master gardener, or as determined by the director; or

4.

A combination of the above.

(4)

Screening of waste containers.

a.

Waste containers shall be located on the side or rear of the building and screened from public view.

b.

Waste containers shall be located outside of the required building setback areas, and, when adjacent to residentially zoned property, must be located at least 50 feet away from residential property lines.

c.

Waste containers shall be screened on four sides, using an enclosure that is seven feet tall or of a height that is a minimum of one foot above the top of the dumpster, whichever is taller. Screening shall be comprised of:

1.

Brick, stone, or other similar masonry materials that have a similar finish to the primary finish;

2.

Redwood, cedar, preservative pressure-treated wood, or other similar materials;

3.

Large shrubs planted four feet on center and staggered 30 to 36 inches. Shrubs shall be watered with an irrigation system;

4.

All fence posts shall be rust-protected metal, concrete-based masonry, or concrete pillars; and

5.

Six-inch concrete-filled steel pipes shall be located to protect the enclosure from truck operations.

d.

Waste container enclosures shall have steel-framed gates and tiebacks to secure them in an open position, and fasteners to keep them closed.

e.

Waste container screening shall be maintained at all times.

f.

All enclosures to be seven feet tall or greater must use protective steel poles in corners and at possible impact areas; minimum six-inch reinforced slab, sloped to drain; and gate with spring-loaded hinges, or equivalent.

(5)

Screening of loading docks. These standards shall apply to all sites with loading docks in non-industrially zoned districts:

a.

Loading and service areas shall be located at the side or rear of buildings;

b.

Off-street loading areas shall be screened from view of any street or adjacent property;

c.

Loading areas shall be enclosed on three sides by a wall or other screening device not less than eight feet in height;

d.

Loading areas shall not be located closer than 100 feet to any single-family lot, unless wholly within an enclosed building; and

e.

Screening materials shall be comprised of:

1.

A wall that has a similar finish to the primary structure; or

2.

A combination of trees and shrubs that will result in solid screening within two years as determined by a registered landscape architect, certified nurseryperson, or master gardener, or as determined by the planning staff.

(Ordinance 2001-014, § 37000, adopted 9/20/01; 2006 Code, § 154.067)

Subdivisions and specific points therein shall be marked as follows.

(1)

Standard monuments as shown in appendix H of Ordinance 2001-014 [not printed herein] shall be placed at four corners of the subdivision. Where boundaries are comprised of curves, the point of curvature (PC) and point of tangency (PT) shall be monumented. All monuments shall be designed and installed as indicated in appendix H. At least two corners must have at least two reference points established with tie distances not to exceed 250 feet.

(2)

Iron pins or pipes at least one-half inch in diameter and at least 24 inches in length shall be placed as shown in appendix H of Ordinance 2001-014 [not printed herein] at all block corners, PCs, and PTs along the dedicated street right-of-way and at all lot corners. These markers are not required to be encased in concrete monuments. Where conditions prevent the placement of iron pins or pipes, other monumentation such as drill holes; chiseled marks in stone, concrete, or steel; punch marks; precast bronze or aluminum discs; and the like, placed on objects of a stable and permanent nature, shall be installed. Where rocky or caliche soils prevent specified lengths of iron pins or pipes, the rod shall be of a length so as to be driven to refusal at such depth where it will remain stable against an applied force from any direction of approximately ten pounds, for a duration in time of at least ten seconds.

(3)

One permanent benchmark shall be designed and installed as shown in appendix H of Ordinance 2001-014 [not printed herein], and shall be referenced to the U.S. Geological Survey Datum (mean sea level) and the state plane coordinate system. The director may waive the requirement for installation of a benchmark for subdivisions smaller than 50 acres when at least two benchmarks are located within one-half mile of the subdivision boundaries.

(4)

All required monuments, markers, and the benchmark shall be in place prior to acceptance of any street improvements.

(Ordinance 2001-014, § 43000, adopted 9/20/01; 2006 Code, § 154.068)

(a)

All off-street parking spaces shall be located outside of required landscape areas and behind front building lines.

(b)

Off-street parking facilities shall be provided for any new building constructed and for any new use established. Off-street parking facilities shall be provided for any addition or enlargement of an existing building or use, or any change of occupancy or manner of operation that would result in additional parking spaces being required. Provided, however, if insufficient parking exists on a tract or lot, then the number of spaces required to meet the needs of both the existing and new buildings shall be provided.

(c)

Facilities being used for off-street parking on the effective date of this article shall not be reduced in capacity to less than the number of spaces prescribed, or altered in design or function to less than the minimum standards prescribed herein.

(d)

For sites with more than one use, or for adjacent sites served by a common parking facility, the parking requirement shall be the sum of the total number of spaces required for each site or use, except as adjusted pursuant to section 9.02.154.

(e)

Parking facilities constructed or substantially reconstructed subsequent to the effective date of this article, whether or not required, shall conform to the design standards set forth in section 9.02.157.

(f)

All required parking facilities shall be maintained for the duration of the use requiring such areas. These facilities shall be used exclusively for the temporary parking of passenger automobiles, motor vehicles, or light trucks not exceeding one ton in capacity, and shall not be used for the sale, display, or storage of merchandise, or for the storage or repair of vehicles or equipment.

(g)

All required parking facilities shall be located on the same site as the use for which these facilities are required, except as authorized pursuant to section 9.02.153.

(h)

No use shall be required to provide more spaces than prescribed by this article or prescribed pursuant to a conditional use permit or a variance. Where parking spaces in excess of these requirements are provided, the spaces may be considered as meeting the requirements for another use pursuant to section 9.02.154.

(i)

Head-to-toe parking is prohibited except in single- and two-family dwellings, or mobile homes.

(Ordinance 2001-014, § 33051, adopted 9/20/01; 2006 Code, § 154.080)

(a)

Parking facilities for each use shall be provided in accord with the minimum requirements prescribed herein and in article 9.03 of this Code.

(b)

For purposes of this section, requirements shall be based on gross floor area, but shall not include enclosed or covered areas used for off-street parking or loading.

(c)

A minimum of five parking spaces shall be provided for any single industrial use located individually on a site and served by a separate parking facility, and a minimum of ten parking spaces shall be provided for any two or more industrial uses located on the same site and served by a common parking facility.

(d)

Up to 25 percent of reserved employee parking may be designed and reserved for small or compact cars.

(e)

Up to 15 percent of the total required parking may be designed and reserved for compact cars.

(Ordinance 2001-014, § 33052, adopted 9/20/01; 2006 Code, § 154.081)

(a)

The commission or council may approve locating a portion of the required parking for a use on another site when both the primary use and accessory parking are located in an area zoned, used, or platted for commercial use.

(b)

Off-site parking shall be located within 600 feet of the use which it serves, measured as the shortest practical walking distance from the nearest off-site parking space to the nearest entrance to the building or use which it serves.

(c)

In determining whether to approve off-site parking, the commission shall consider all relevant factors, including:

(1)

The locations of the use and the proposed off-site parking;

(2)

Existing and potential parking demand created by other uses in the vicinity;

(3)

The characteristics of the use, including employee and customer parking demand, hours of operation, and projected convenience and frequency of use of the off-site parking;

(4)

Adequacy, convenience, and safety of pedestrian and wheelchair access between off-site parking and the use;

(5)

Traffic patterns on adjacent streets, and proposed access to the off-site parking; and

(6)

The report and recommendation of the planning staff.

(d)

The commission or council may require the written agreement of the owner of the off-site parking area and owner of the use, if necessary, to ensure the continued availability and usability of any off-site parking.

(e)

Handicapped and bike parking spaces shall not be located in an off-site parking facility.

(Ordinance 2001-014, § 33053, adopted 9/20/01; 2006 Code, § 154.082)

(a)

The planning commission may authorize an adjustment in the total parking requirement for separate uses located on the same site, or for separate uses located on adjoining sites and served by a common parking facility, pursuant to this section. A request for such an adjustment shall require submission of a site plan and transportation engineering report addressing the relevant factors listed in subsection (c) below.

(b)

All parking spaces subject to adjustment under this section shall be located in a common, contiguous parking facility intended to meet the needs of all users. When any adjustment is authorized, off-site parking pursuant to section 9.02.153 shall not be permitted.

(c)

In determining whether to approve an adjustment for mixed use developments, the commission shall consider all relevant factors, including:

(1)

The characteristics of each use and the differences in projected peak parking demand, including days or hours of operation;

(2)

Potential reduction in vehicle movements afforded by multi-purpose use of the parking facility by employees, customers, or residents of the uses served;

(3)

Potential improvements in parking facility design, circulation, and access afforded by a joint parking facility; and

(4)

The report and recommendation of the director.

(Ordinance 2001-014, § 33054, adopted 9/20/01; 2006 Code, § 154.083)

(a)

Exclusive of single-, two-, and three-family residences, in each parking facility, a portion of the total parking spaces shall be specifically designed, located, and reserved for vehicles licensed by the state for use by the handicapped, according to the following schedule and additional requirements:

(b)

Ten percent of the total spaces for outpatient units at medical care facilities shall be accessible to the handicapped.

(c)

Twenty percent of the total spaces for medical care facilities specifically for the treatment of the mobility impaired (such as physical/occupational units) shall be accessible to the handicapped.

(Ordinance 2001-014, § 33055, adopted 9/20/01; 2006 Code, § 154.084)

(a)

Off-street loading facilities shall be provided for any new building constructed and for any new use established. Off-street loading facilities shall be provided for any addition or enlargement of an existing use, or any change of occupancy or manner of operation that would result in additional loading space being required, provided that the additional loading space shall be required only for that addition, enlargement, or change.

(b)

Facilities being used for off-street loading on the date this article is adopted shall not be reduced in capacity to less than the number of spaces prescribed, or altered in design or function to less than the minimum standards prescribed herein. Loading facilities constructed or substantially reconstructed subsequent to the effective date of this article shall conform to the design standards set forth in section 9.02.157.

(c)

All required loading facilities shall be maintained for the duration of the use of the building requiring that facility, and shall be used exclusively for the purpose of loading and unloading goods, materials, and supplies, and shall not be used for the sale, display, or storage or merchandise, or for the storage or repair of vehicles or equipment.

(d)

The loading and unloading space, unless adequately provided for within a building, shall be an area ten feet by 40 feet, with 15-foot height clearance, and shall be provided according to the following schedule:

(e)

The location and design of loading and unloading areas shall be reviewed at the time of detailed development plan submission to ensure adequate protection is afforded adjacent properties, especially residential properties, from noise and other disruptive elements normally associated with such facilities.

(Ordinance 2001-014, § 33056, adopted 9/20/01; 2006 Code, § 154.085)

(a)

Design standards are established by this section to set basic minimum dimensions and guidelines for design, construction, and maintenance of parking and loading facilities.

(b)

The following basic dimensions shall be observed for parking spaces and loading spaces:

(1)

Each standard parking space shall consist of a rectangular or trapezoidal area designed in accordance with the table below in this section. Each space shall have a vertical clearance of not less than 7.5 feet. Each space shall be independently accessible.

(2)

Each parking space designated for use by the handicapped shall consist of a rectangular area not less than 13 feet wide (including an eight-foot wide parking stall and a five-foot wide access aisle) by 20 feet long, with a vertical clearance of eight feet above the handicapped accessible parking spaces and along at least one vehicle access route to these spaces from the site entrance(s) and exit(s), shall be located in an area not exceeding a two percent slope, and shall be located near and convenient to a level or ramped entrance accessible to handicapped persons. One of every eight handicapped accessible spaces shall consist of a rectangular area not less than 16 feet wide (including an eight-foot wide parking stall and an eight-foot wide access aisle) in order to be accessible to vans. Parking spaces for the handicapped shall be signed and restricted for use by the handicapped only. Van accessible spaces shall be signed accordingly. Two handicapped accessible parking spaces may share the same access aisle.

(3)

Each off-street loading space shall consist of a rectangular area not less than ten feet wide and 40 feet long, with a vertical clearance of not less than 15 feet.

(4)

Each parking and loading space shall have adequate drives, aisles, and turning and maneuvering areas for access and usability, and shall at all time have access to a public street or alley.

(c)

(1)

Minimum parking facility design standards are illustrated in the table below in this section. Additional supplemental guidelines and standards for parking facility design, internal layout, acceptable turning radii and pavement slope, vehicular and pedestrian circulation, and other design features may be adopted by resolution of the commission, upon recommendation of the director.

Parking Facilities Design

Note: Compact car standards are listed in parentheses where applicable.

(2)

All parking facilities shall include the following design considerations to ensure accessibility to the handicapped.

a.

Handicapped accessible parking spaces servicing a particular building shall be located on the shortest accessible route of travel to an accessible entrance.

b.

Handicapped accessible parking spaces need not be provided in each lot or parking structure provided the different location has equivalent or greater accessibility in terms of distance from an accessible entrance.

c.

All handicapped accessible parking spaces shall be provided on one level of a multi-level parking structure.

d.

At least one handicapped accessible route must be provided from accessible parking spaces to the nearest handicapped accessible entrance.

e.

The minimum clear width of the handicapped accessible route shall be 36 inches.

f.

If a handicapped accessible route has less than 60 inches clear width, then passing spaces at least 60 inches by 60 inches must be located at reasonable intervals not to exceed 200 feet.

g.

The floor slope along a handicapped accessible route shall not exceed one to 12, with a maximum rise of 30 inches for any run.

h.

Handicapped accessible parking spaces and access aisles shall be level, with surface slopes not exceeding one to 50, or two percent, in all directions.

i.

The cross slope of ramps shall not exceed one to 50.

j.

It is preferable to provide the handicapped accessible route at the front of the stalls. The handicapped accessible route should avoid crossing lanes of vehicular travel. When crossing vehicle travel lanes is necessary, the route of travel shall be designated and marked as a crosswalk.

(d)

For paving and drainage, the following basic standards shall be observed.

(1)

All off-street parking, maneuvering, loading and storage areas shall be surfaced in accordance with the parking lot surfacing requirements as established in the city's ordinances (i.e., no parking shall be permitted on grass, within landscaped areas, or on other unimproved surfaces). All vehicle parking shall be on a suitable parking surface as approved by the city administrator or their designee, such as asphalt, concrete, gravel, or other permeable paving surfaces including brick, stone, special paving blocks or tire-tread woven mats. All driveways and approaches to parking spaces shall be similarly surfaced.

(2)

Parking and loading facilities shall be graded and provided with permanent storm drainage facilities, meeting the city's construction specifications. Curbing and drainage improvements shall be sufficient to control free flow of water onto adjacent properties, public streets or alleys, and to provide adequate drainage in accordance with the city Code.

(e)

Parking and loading facilities shall meet the following standards:

1)

Safety barriers, protective bumpers or curbing, and directional markers shall be provided in conformance with the city standards and specifications, to ensure safety, promote efficient utilization, protect landscaping, and prevent encroachment onto adjoining public or private property.

(2)

Visibility of and between pedestrians, bicyclists, and motorists shall be ensured when entering individual parking spaces, circulating within a parking facility, and entering and exiting a parking facility.

(3)

Internal circulation patterns, and the location and traffic direction of all access drives, shall be designed and maintained in accordance with accepted principles of traffic engineering and traffic safety.

(f)

Lighting shall be in conformity with article 4.09, regarding outdoor lighting.

(g)

All parking lots shall be landscaped in accordance with the requirements in section 9.02.123.

(h)

Regarding noise, areas used for primary circulation, for frequent idling of vehicle engines, or for loading activities shall be designed and located to minimize impacts on adjoining properties, including provisions for screening or sound baffling.

(i)

All parking and loading facilities shall be maintained to ensure desirability and usefulness of the facility. These facilities shall be maintained free of refuse, debris, or other accumulated matter and shall at all times be available for the off-street parking or loading use for which they are required or intended.

(j)

For a use or a site subject to site plan review or a conditional use permit, the minimum requirements of this section may be adjusted in their application, provided the change is determined by the commission to provide improved design, usability, attractiveness, and protection to adjoining uses, in a manner equal to or greater than the specific requirements of this section.

(Ordinance 2001-014, § 33057, adopted 9/20/01; 2006 Code, § 154.086; Ordinance 2019-36, adopted 11/7/19)

(a)

Purpose. Special parking requirements shall apply within designated portions of the city in order to recognize and encourage relatively greater mobility and accessibility of future facilities, to promote the construction of appropriately located public parking facilities, to discourage inharmonious parking facilities or areas in historic districts or on sites occupied by historic structures, and to reduce intrusion on pedestrian-oriented street frontages by parking facility access.

(b)

Special parking requirements area. Within a designated special parking requirements area, the following provisions shall apply in lieu of the regulations otherwise established by the off-street parking and loading regulations.

(1)

There shall be visual screening of open parking garages or lots along street frontages.

(2)

Enclosed parking garages within the central business district must be separated from the adjacent street by enclosed commercially leasable space fronting the adjacent street at the ground level. On any site that is less than one city block on any side, this provision may be waived or adjusted by the commission or the council, provided at least 50 percent of the garage fronting on the adjacent streets at the ground level shall be enclosed by commercially leasable space. All remaining areas shall be screened.

(3)

There shall be no curb cut greater than 30 feet for garage access.

(4)

There shall be a clear 160-degree cone of vision at the intersection of sidewalks and any parking access or egress lanes.

(5)

a.

There shall be no openings for vehicle access at any level to parking garages or curb cuts in the historic district, unless the commission approves such access and includes a finding in its approval that the applicant has demonstrated that the proposed project will not unreasonably impair pedestrian and vehicular movement in the affected area and adequate precautions have been made for the safety and convenience of the public.

b.

The decision of the commission may be appealed to the council. If the council approves the application, it shall be required to make the same finding as provided above.

(Ordinance 2001-014, § 33058, adopted 9/20/01; 2006 Code, § 154.087)

The provisions of this division are designed and intended to permit development of undeveloped agricultural land while preserving the rural character of the area until such time as development of a more intensive urban nature is appropriate and can be supported by the necessary public facilities and services. These design standards modify or reinforce other requirements found in this article. By qualifying other particular requirements of this article, these rural subdivision design standards ensure minimum yet requisite conditions for establishing a low density rural living environment while at the same time providing the necessary foundation upon which more intensive urban development can occur in the future.

(Ordinance 2001-014, § 36010, adopted 9/20/01; 2006 Code, § 154.100)

The requirements contained in this division shall apply to all land within the jurisdictional limits of this article and which is outside the utility service area for water and wastewater services and for which the provision of these services will be accommodated through the use of individual, privately owned systems.

(Ordinance 2001-014, § 36020, adopted 9/20/01; 2006 Code, § 154.101)

A cartesian road system is not a requirement. All streets within rural subdivisions shall be designed and constructed in accordance with the requirements for rural streets set forth in the city standards and specifications.

(Ordinance 2001-014, § 36030, adopted 9/20/01; 2006 Code, § 154.102)

Blocks in rural subdivisions shall not exceed 1,500 feet in length and should adequately accommodate two tiers of lots arranged back to back.

(Ordinance 2001-014, § 36040, adopted 9/20/01; 2006 Code, § 154.103)

All lots in rural subdivisions shall:

(1)

Be a minimum of two acres in area;

(2)

Have a minimum width at the front property line of 120 feet; and

(3)

Be designed so that all access is provided from a local street, and in no case shall access be permitted from a major thoroughfare or street, state highway, farm to market road or ranch road, or numbered county roadway.

(Ordinance 2001-014, § 36050, adopted 9/20/01; 2006 Code, § 154.104)

In addition to all other easements required by this article, all rural subdivisions shall indicate on the final plat a ten-foot "limits of no access" easement along that portion of all property abutting a major thoroughfare or street, state highway, farm to market road or ranch road, or numbered county roadway.

(Ordinance 2001-014, § 36060, adopted 9/20/01; 2006 Code, § 154.105)

(a)

Wastewater collection system. For all rural subdivisions where public wastewater utility services are not available, the city reserves the right to require the installation of improvements required for non-rural subdivisions in accordance with the provisions of this article, when the extension of urban services to within one-fourth mile of any portion of the subdivision is scheduled in the city's capital improvements program to occur within five years from the date of preliminary plat approval.

(b)

Water distribution system. To enhance the overall efficiency and service level for water distribution in rural subdivisions, the city will cooperate with existing non-municipal water utility providers in the city's extraterritorial jurisdiction. Through joint coordination and planning, both the city and the non-municipal water utilities will work toward ensuring the availability throughout the jurisdiction of this article of a water distribution system that satisfies the state fire flow requirements as adopted in section 9.02.121(b).

(1)

In approving any rural subdivisions designed for non-single-family detached residential development, the project shall satisfy the state fire flow standards as adopted in section 9.02.121(b).

(2)

All single-family detached residential rural subdivisions shall install water distribution system improvements meeting the design requirements of this article, and:

a.

Where a public water system capable of providing required fire flows to the development is located within one-fourth mile of any part of the subdivision, then it shall be the responsibility of the developer to extend service and connect to the public utility in order to provide fire protection to the development; or

b.

Where no public water system capable of providing required fire flows to the development is located within one-fourth mile of any part of the subdivision and the subdivider chooses not to extend service to provide fire flow, then required fire hydrant connections shall be made with valves capped to allow for future installation of fire hydrants and the required number of fire hydrants or payment equal to the value of such hydrants as determined by the governing utility shall be delivered to the water utility within which jurisdiction the subdivision is located to enable the water utility to install the necessary fire hydrants upon the ability to furnish fire flows to the subdivision.

(3)

For all rural subdivisions which are not to be served by a public water supply, the subdivider must show proof of a safe and adequate water supply which meets, at a minimum, the requirements of section 9.02.121(c).

(Ordinance 2001-014, § 36070, adopted 9/20/01; 2006 Code, § 154.106)

In addition to any and all other provisions of this article, prior to any resubdivision of a rural subdivision being approved by the city, the level of improvements and urban services required by this article for non-rural subdivisions shall be available to and satisfied by the resubdivided property.

(Ordinance 2001-014, § 36080, adopted 9/20/01; 2006 Code, § 154.107)

All subdivision improvements shall be designed and installed in accordance with all of the elements of the comprehensive plan and shall meet the minimum requirements established by this article and the city's construction standards and specifications for roads, streets, structures, and utilities.

(Ordinance 2001-014, § 41010, adopted 9/20/01; 2006 Code, § 154.120)

(a)

In the absence of any provision to the contrary, the subdivider shall provide the following improvements, as approved in the construction plans, in conformance with the standards, specifications, and requirements of this article:

(1)

Streets, including alleys, and bridges;

(2)

Water system, including water distribution lines, fire hydrants, valves, and water towers;

(3)

Sanitary sewer system, including sanitary sewer lines, manholes, and lift stations;

(4)

Drainage system, including drainage easements, channels, storm sewer lines, and inlets, and landscaping;

(5)

Park land; and

(6)

Permanent monument markers.

(b)

All utilities shall be installed underground in conformance with the terms and regulations of the provider of that utility.

(Ordinance 2001-014, § 41020, adopted 9/20/01; 2006 Code, § 154.121)

All improvements shall be designed and installed so as to provide for a logical system of utilities, drainage, and streets and to create continuity of improvements for the development of adjacent properties. Water, wastewater, transportation, and drainage improvements shall be extended to the perimeter of a subdivision, except that notwithstanding the prohibition of granting waivers for improvements as set forth in this article, the commission is authorized to vary or modify the requirement for extending water, wastewater, transportation, and drainage improvements to the perimeter of a subdivision in accordance with the plat waiver procedural requirements.

(Ordinance 2001-014, § 41030, adopted 9/20/01; 2006 Code, § 154.122; Ordinance 2023-18, § 2(Exh. A), adopted 8/17/23)

Editor's note— Ordinance 2023-18, § 2(Exh. A), adopted Aug. 17, 2023, deleted § 9.02.234 entitled "Improvement plans," which derived from: Ordinance 2001-014, § 41040, adopted Sept. 20, 2001; and 2006 Code, § 154.123.

Editor's note— Ordinance 2023-18, § 2(Exh. A), adopted Aug. 17, 2023, deleted § 9.02.235 entitled "Acceptance of improvements," which derived from: Ordinance 2001-014, § 41040, adopted Sept. 20, 2001; and 2006 Code, § 154.124.

Where a subdivision contains sewers, sewage treatment facilities, water supply systems, parks, and grounds held in common, or other physical facilities necessary or desirable for the welfare of the area, or that are of common use or benefit which are not or cannot be satisfactorily maintained by an existing public agency, provision shall be made which is acceptable to the city council for the proper and continuous operation, maintenance, and supervision of those facilities. A copy of the agreements providing for the proper and continuous operation, maintenance, and supervision of those facilities shall be presented to the director and approved as to form by the city attorney at the time of final platting and shall be filed of record with the plat thereof.

(Ordinance 2001-014, § 41060, adopted 9/20/01; 2006 Code, § 154.125)

The city's extension policy for water and wastewater utilities is contained in appendix G of Ordinance 2001-014 [not printed herein].

(Ordinance 2001-014, § 41070, adopted 9/20/01; 2006 Code, § 154.126)

(a)

The purpose of this section is to provide for the adequate provision of parkland and open space to meet the needs of a growing city population; for improvements to existing parkland; for establishment, maintenance, and operation of a parkland dedication fund; establish requirements and procedures for governing required dedications of parkland or improvements to existing parkland by subdividers of land; and for cash payments-in-lieu of land by subdividers of land in certain cases.

(b)

It is hereby declared by the city council that recreational areas in the form of parks and open spaces are necessary and for the public welfare and that the only adequate procedure to provide for parkland and park improvements is by integrating such a requirement into the procedure for planning and developing property or subdivisions in the city, whether such development consists of new residential construction on vacant land or the addition of new dwelling units on existing residential land. It is the policy of the city to require subdividers of residential subdivisions and lots to provide for parkland and park facilities at the time of development approval in proportion to the need for such improvements created by the developments and in proportion to the benefits received from contribution of such facilities.

(Ordinance 2023-18, § 2(Exh. A), adopted 8/17/23)

The parkland dedication and park development requirements of this section shall be applicable to every residential and multifamily subdivision developed under the provisions of this division, whether such subdivision consists of new residential construction on vacant land or the addition of new dwelling units on existing residential land, within the city limits and ETJ.

(Ordinance 2023-18, § 2(Exh. A), adopted 8/17/23)

(a)

Compliance with the comprehensive plan. Any land to be dedicated to meet the requirements of this division shall be reasonably located and adaptable for use as a public park and recreation facility as defined by the comprehensive plan. The parks and recreation board shall make a recommendation on the suitability of proposed parkland. The shape of the parcel or tract of land to be dedicated should be appropriate for public parks and recreation purposes.

(b)

Minimum area. The dedicated land should form a single parcel or tract of land at least five acres in size unless it is determined that a smaller tract would be in the public interest, or that additional contiguous land will be reasonably available for dedication to or purchase by the city.

(c)

General location. The location of parkland may be required at the edge of a subdivision so that additional land may be added at such time as adjacent land is subdivided or acquired for public use. Otherwise, a centralized location is preferred.

(d)

Usable land. At least 50 percent of proposed parkland dedication site shall be level, well drained, and suitable for open play. Such land shall be located outside of any 100-year floodplain or any other special flood zone identified on the most recently approved FEMA FIRM map and shall not exceed five percent slope. A plat waiver to this requirement may be requested when the proposed parkland dedication furthers the goals and objectives of the parks and open space portion of the comprehensive plan.

(e)

Areas within the 100-year floodplain. The following standards shall also apply to the consideration of parkland dedication within the 100-year floodplain.

(1)

Areas within the 100-year floodplain may be dedicated in fulfillment of the dedication requirement when the development is adjacent to the Blanco River or Cypress Creek. This dedication shall include the entire 100-year floodplain, or a 200-foot strip measured from the centerline of the creek, river, or the floodway, whichever is greater. This dedication requirement shall take precedence over all other parkland dedication requirements, including the possibility that these dedicated tracts may have to be exempt from the other design standards for parkland described in this section. Every acre of proposed dedicated parkland located within the floodplain or other special flood hazard area adjacent to the Blanco River or Cypress Creek shall count as 1½ acres of land towards the total parkland dedication requirement.

(2)

Areas in the 100-year floodplain not located adjacent to the Blanco River or Cypress Creek may constitute up to 50 percent of the requirement of land dedication. Every acre of proposed dedicated parkland located within the floodplain or other special flood hazard area not adjacent to the Blanco River or Cypress Creek shall count as one-half acre of land towards the total parkland dedication requirement. However, with a recommendation from the parks and recreation board, the planning and zoning commission may permit the area within the 100-year floodplain, when not located adjacent to the Blanco River or Cypress Creek, to constitute up to 100 percent of the parkland dedication requirement if, in its opinion, the dedication of the land furthers the goals and objectives of the parks and open space portion of the comprehensive plan.

(f)

Access. Access to parkland designated on a subdivision plat shall be provided by the dedication of at least 200 feet of street frontage in a manner satisfactory to the city, preferably at the corner of two intersecting streets. When the land abutting the designated parkland is developed, the subdivider of such abutting land shall furnish and pay for all paving of all abutting street frontage. The city administrator may reduce the amount of required frontage for unique parkland dedications which furthers the goals and objectives of the parks and open space portion of the comprehensive plan.

(g)

Utilities. Public utilities including water and wastewater connections shall be readily available at the park site with water and wastewater lines located along the street frontage. The applicant must demonstrate to the satisfaction of the city that sufficient utilities are available to serve the park.

(h)

Disturbance of land. Any disturbed parkland shall be restored and the soil stabilized by vegetative cover by the developer.

(i)

Drainage improvements. Detention ponds and/or other drainage facilities that serve the subdivision shall not be constructed in areas that are to be dedicated as parkland.

(j)

Environmentally sensitive features. In the case of areas known to contain sensitive environmental features, the city council may, at its discretion, waive these standards subject to the following limitations:

(1)

The areas shall provide recreational or educational opportunities for the surrounding community;

(2)

The areas shall be given a 50 percent credit against the requirement of land dedication or payment of fees; and

(3)

The areas shall meet any additional standards specified in the parkland design standards pertaining to the dedication of areas known to contain sensitive environmental features.

(k)

Parks and recreation board recommendation. The parks and recreation board shall make recommendations, based upon the parkland design standards and the provisions contained herein, to the city administrator concerning the amount and location of parkland, credit for land in the 100-year floodplain, credit for areas known to contain sensitive environmental features, and development of parkland.

(Ordinance 2023-18, § 2(Exh. A), adopted 8/17/23)

(a)

Land dedication. The subdivider of a residential (including multifamily) subdivision shall dedicate to the city developed improved parkland in the amount as established within the fee schedule adopted by the city council. Parkland shall be shown on the final plat establishing a residential (including multifamily) subdivision and shall contain the dedication of an area of land for park purposes meeting the requirements set out in this section.

(b)

Development of areas smaller than five acres. The dedicated land should form a single parcel or tract of land at least five acres in size unless it is determined that a smaller tract would be in the public interest, or that additional contiguous land will be reasonably available for dedication to or purchase by the city. If no land for parkland is being required by the city due to size or location, then prior to filing the plat, the subdivider shall be required to pay to the city the applicable cash payment-in-lieu of land. No plat showing a dedication of less than five acres for a public park shall be approved by the planning and zoning commission unless it is determined by the commission that a smaller tract would be in the public interest, or that additional contiguous land will be reasonably available for dedication to or purchase by the city.

(c)

Improvements. A subdivider dedicating parkland shall improve the public parkland with improvements approved by the city administrator. The minimum value for the improvements should be roughly proportionate to the amount the subdivider would be required to pay as fee-in-lieu for parkland development if they were not dedicating land. Design, specification, and construction of the improvements shall be subject to review and approval by the city. No final plat shall be recorded for any subdivision in which completion of the required improvements has not been accepted by the city unless a parkland improvement agreement has been approved and executed with an adequate financial surety provided.

(Ordinance 2023-18, § 2(Exh. A), adopted 8/17/23)

(a)

Right to request waiver of dedication requirements. A subdivider obligated to make a dedication of land may request the city waive the required dedication of land, in whole or in part, and to accept a cash payment-in-lieu of land dedication. Any request for a waiver to the land dedication requirements shall be subject to review and approval by the city administrator. The city administrator may, for any reason, elect to present the waiver request for approval to the city council.

(b)

Required fee-in-lieu of land dedication and improvements. Any subdivider who is required to make a cash payment-in-lieu of land dedication and improvements or who is granted a waiver in accordance with this division, shall make a cash payment-in-lieu of land and improvements in accordance with this section. The amount of such cash payment-in-lieu of land shall be calculated by multiplying the number of dwelling units proposed to be established by the plat times the amount per dwelling unit as established in the fee schedule set from time to time by the city council. A cash payment-in-lieu of land and improvements shall be made prior to the recordation of the final plat for single-family residential uses and prior to the issuance of a building permit for multifamily developments.

(c)

Additional dwelling units. The addition of new dwelling units increasing the total number of dwelling units on existing land (including multifamily) shall be required to dedicate and improve parkland or pay a fee-in-lieu for parkland dedication and improvement. Dedication and improvement of parkland or a fee-in-lieu for parkland dedication and improvement is not required for the addition of an accessory dwelling unit.

(Ordinance 2023-18, § 2(Exh. A), adopted 8/17/23)

(a)

The city shall reserve all fee-in-lieu of payments and any accrued interest from the fee-in-lieu of parkland dedication or fee-in-lieu of parkland improvement in a separate account from the general funds of the city. This fund shall be known as the parkland dedication and improvement fund.

(b)

The city shall deposit sums collected as cash payments-in-lieu of land and cash payments-in-lieu of improvements in the parkland dedication and improvement fund. The city shall expend such funds collected for the acquisition of land or for the improvement of existing parks on a first in, first out basis.

(c)

The city shall maintain records detailing the receipts and expenditures for the parkland dedication fund. All funds deposited as credit for fee-in-lieu of parkland dedication or improvement shall be utilized for the acquisition of new parkland and/or the development of new or existing parkland within the city.

(Ordinance 2023-18, § 2(Exh. A), adopted 8/17/23)

(a)

Dedication procedures. The owner of property for a residential subdivision shall be required at final plat approval to dedicate parkland. The land so dedicated and conveyed shall not be subject to any reservations of record, encumbrances of any kind, or easements, which in the opinion of the city will interfere with or materially increase the cost of making such land available for parks or recreational purposes. Dedication of parkland shall be evidenced by a formal dedication on the plat to be recorded or by warranty deed transferring the property in fee simple to the city.

(b)

Right to accept/reject land. If the city determines that sufficient park area is already in the public domain within proximity of the proposed development, or if the recreation needs for the area would be better served by expanding or improving existing parks, the city has the right to accept the dedication or to refuse same and require a cash payment-in-lieu of land and improvements.

(c)

Development of subdivision in phases. If a subdivision is to be developed in phases and the final platting of the park area to be dedicated is to be included in a future phase, then the subdivider shall be required to enter into a parkland improvement agreement and provide sufficient security for the land and improvements.

(Ordinance 2023-18, § 2(Exh. A), adopted 8/17/23)

The property owner or applicant may request to defer the obligation to dedicate parkland and/or develop parkland until after a final plat recordation. The request shall be submitted in writing and specify what is requested for deferral. Deferral of the obligation to dedicate parkland and/or develop parkland shall be conditioned on execution of an improvement agreement and provision of sufficient security. The city administrator may approve or deny the request to defer obligations to dedicate parkland dedication and/or develop parkland. A parkland improvement agreement may be required for phased subdivisions where the parkland dedication is placed in a future phase.

(Ordinance 2023-18, § 2(Exh. A), adopted 8/17/23)

(a)

The following requirements for information and a review process for petition for the creation of municipal utility districts (MUDs) shall be required for all proposed MUDs within the city's jurisdiction.

(b)

The applicant for the creation and development of a MUD may, at his or her sole discretion, arrange for a pre-application review of the proposed MUD. This optional process is encouraged to enhance communications between the applicant and the city and to promote a cooperative environment prior to significant planning and investment on the part of the applicant. The following pre-application review process is strongly recommended:

(1)

For a period beginning at least 60 days prior to the submission of a petition for creation of a MUD, the applicant should confer with the mayor and the planning staff concerning the purpose of the district, the conceptual design of water and wastewater facilities and lines, land use and transportation plans, and tentative construction schedules. The purpose of this review period shall be for the city to receive and review the documents required by this article and provide an opportunity for the city and applicant to identify and resolve differences prior to submission of the petition and the statutory 90-day review period. The pre-application review should be initiated by a letter to the mayor officially requesting a pre-application review meeting. The applicant should submit the materials listed in section 9.02.313 of this Code.

(2)

Prior to the submission of a petition, the applicant shall confer with the school districts having jurisdiction in the area of the utility district. A letter from the school districts to the applicant stating the date of this conference and any coordination as required by the school districts shall be provided to the city by the applicant at the time a petition is filed.

(c)

The mayor may, subject to confirmation of the council, waive in writing any of the submittal requirements of section 9.02.313 when it is found that a requirement would not materially affect the city's ability to evaluate the MUD proposal.

(Ordinance 2001-014, § 50010, adopted 9/20/01; 2006 Code, § 154.160)

The applicant shall file the petition for creation and one copy of the documents listed below with the city secretary. Upon receipt of the petition, the city secretary shall immediately inform the council and the commission of the filing. The notification by the city secretary to the commission shall include the appropriate date for the beginning of the commission's respective review process. Concurrently, the applicant shall also submit 30 copies of the petition and other documents required by the state in a creation petition to the mayor. The mayor, or his or her designee, shall be responsible for all formal staff contact with the applicant and shall coordinate the staff's and commission's review process.

(Ordinance 2001-014, § 50012, adopted 9/20/01; 2006 Code, § 154.161)

The applicant shall file 30 copies of the following documents with the mayor concurrent with the letter to the city petitioning the city for creation of the proposed MUD:

(1)

A market study prepared in conformance with state standards;

(2)

A preliminary engineering report, containing the items required by the rules of the state commission on environmental quality, and in particular, a description of the area, land use plan, existing and projected populations, tentative cost estimates of the proposed improvements, projected tax rate and water and sewer rates, investigation and evaluation of the availability of comparable services from other systems, and bond issue requirements;

(3)

Environmental maps of the district at a scale of one inch to 500 feet. These shall include:

a.

Contour intervals of ten feet or less as required to obtain the required information in subsection (3)b;

b.

Delineation of sloping areas in the following categories:

1.

0 to 3.0 percent;

2.

3.1 percent to 15.0 percent;

3.

15.1 percent to 25.0 percent; and

4.

25.1 percent to 35.0 percent.

c.

All aquifer recharge features, to include the following: sinkholes, cracks, fractures, or fissures on the surface rock, watercourses, or drainageways which have recharge structures within them;

d.

100-year floodplain and floodway;

e.

All trees 50 feet or taller, and all trees with a caliper of 18 inches or greater;

f.

The habitat of endangered or threatened species of fauna or flora;

g.

Soils with high shrink-swell ratios, soils that are easily eroded, and soils that are classified as prime agricultural by the state department of agriculture or the U.S. Department of Agriculture;

h.

Wetlands;

i.

Archeological sites; and

j.

Human-made structures over 50 years old.

(4)

Land use maps at a scale of one inch to 500 feet. These shall include:

a.

The location of all existing and proposed major streets;

b.

Land use categories using the same categories as shown in the comprehensive plan;

c.

School sites, fire stations, recreational buildings;

d.

Parks and the park uses;

e.

The acreage of each land use;

f.

The number of units per acre for each residential land use category; and

g.

The number of residential units for each residential land use category.

(5)

Environmental impact statement, such as a description of how the proposed land use plan relates to:

a.

The environmental constraints in the district; and

b.

The comprehensive plan's growth and fiscal development goals, objectives, and policies.

(6)

Transportation impact statement:

a.

A description of the number of average daily trips (ADT) that will be generated or attracted to the utility district and a delineation on a map of the ADT on the existing roadway system within one mile of the utility district;

b.

A statement and justification, including calculations, as to whether or not the existing roadway system within city and its extraterritorial jurisdiction has the capacity to carry the utility district's traffic; and

c.

A description of the utility district's transportation plan and its impact in relation to the comprehensive plan.

(7)

Proposed utility service maps showing all water and wastewater facilities and lines, excluding laterals;

(8)

Drainage maps showing pre-construction and post-construction runoff rates and proposed detention and filtration pond sizings and locations;

(9)

Proposed consent ordinance;

(10)

Proposed consent agreement;

(11)

Proposed utility agreement if contract bonds with the city for city services are sought by the district;

(12)

Proposed construction participation agreements for any facilities the district plans to construct or use in participation with any other district or entity;

(13)

Proposed solid waste management plan;

(14)

Annexation impact statements:

a.

The applicant shall provide a document comparing the relationship of the indebtedness of the district to construction plans for water and wastewater lines and facilities and to the tax base or value of taxable development at one, three, five, and ten years from the formation of the utility district;

b.

The applicant shall describe how fire and police protection will be provided five years and ten years from the creation of the district; and

c.

The applicant shall depict on a one-inch equals 500 feet map any proposed future district annexations or future service areas outside of the initial district boundaries.

(15)

Justification statement. The applicant shall justify the creation of the utility district. The justification statement shall include the following issues:

a.

The probability of the city providing water and wastewater service to the area proposed to be a utility district within the next three years;

b.

Job creation and economic base development for the citizens of city by the district;

c.

Improving the city's ability to participate in providing adequate and safe utilities to the district and to properties within one-half mile of the district;

d.

The district development's conformance to the comprehensive plan;

e.

The economic viability of the district shown in the same manner as required by the state; and

f.

The costs of utilities to users of the district's facilities related to the cost of utilities for users of city's utilities. The utility rates or taxes used to pay the facilities costs of the city and of the district shall be compared.

(Ordinance 2001-014, § 50013, adopted 9/20/01; 2006 Code, § 154.162)

(a)

Staff review.

(1)

The mayor or his or her designee shall immediately distribute copies of the submitted items to the appropriate departments and the members of the commission through the planning department.

(2)

The planning commission shall have an initial review of the petition with the staff and the applicant at a meeting scheduled within 20 days of the initial filing. The members of the planning commission shall receive their copies of all submitted items from the mayor or his or her designee within ten days of the filing.

(3)

Each reviewing department shall review and comment on the following aspects of the proposed district:

a.

City attorney: Compliance with the Texas Water Code and city policies, standards, procedures, formats, contracts, agreements, and resolutions;

b.

Community owned utilities: Engineering aspects; solid waste management service systems and option; environmental impact drainage; treatment and disposal of wastewater as it relates to water quality; urban runoff as it relates to water quality; utility construction timing; street and roadway standards and location; drainage; solid waste sites;

c.

Finance: Fiscal aspects, with consultation from community owned utilities, police, fire, engineering, and planning;

d.

Planning: Requisite comprehensive plan amendments; transportation planning; environmental impact; land use plan as it relates to this city Code and the comprehensive plan; impact of proposed creation on annexation plans; park and school needs;

e.

Fire: Fire station sites, if any, and fire protection;

f.

Police: Police protection and police substations, if any; and

g.

Emergency medical services: EMS stations or sites, if any.

(4)

The departments shall submit their final reports on the above areas to the mayor within 30 days from the date of the filing of a petition for creation of a utility district with the city secretary. During this period of time, the mayor shall assist the applicant in setting up meetings with appropriate staff to discuss the petition and shall seek to resolve differences. The mayor shall compile and coordinate comments into a single staff report including any changes in the original submittal agreed to by the applicant. At the end of the staff review period, the mayor shall forward complete copies of the compiled staff reports, and any agreements with the applicant to each department, and each member of the commission.

(b)

Commission review process.

(1)

The commission shall have a 45-day review period for petitions for the creation of utility districts.

(2)

Comprehensive plan amendments shall be reviewed concurrently with petitions.

(3)

The recommendation of the commission shall be forwarded to the mayor not less than 15 days before the end of the review period. The mayor shall then compile all commission recommendations and all staff recommendations in a single binding, and forward them to the mayor, each member of the council, the city secretary, the commission, and the applicant. Copies shall be available to the public at all times.

(c)

Review and action.

(1)

The city attorney shall prepare the final consent ordinance, agreements, and contracts, and provide them in writing to the council, the public, and the applicant at least ten days prior to the public hearing. Any proposed amendments or revisions to that ordinance shall be submitted to the city attorney, who shall prepare those amendments or revisions to the ordinance, agreements, and contracts, and provide them in writing to the council, city secretary, the public, and the applicant at least three days prior to the final council action.

(2)

The mayor shall place the proposal on the council agenda for posting of the public hearing and action no later than the next-to-the-last regularly scheduled meeting of the council during this review period.

(Ordinance 2001-014, § 50020, adopted 9/20/01; 2006 Code, § 154.163)

Petitions for out-of-district service for a utility district shall be reviewed by the staff and commission prior to council action. The request shall be filed with the city secretary. Upon receipt of the filed request, the city secretary shall immediately inform the council and chairperson of the commission, and the mayor. The recommendations of the staff and commission shall be forwarded to the council for consideration within 30 days of the filing.

(Ordinance 2001-014, § 50030, adopted 9/20/01; 2006 Code, § 154.164)

Applicants for review shall pay fees in the amount adopted by the city from time to time and maintained on file.

(Ordinance 2001-014, § 50040, adopted 9/20/01; 2006 Code, § 154.165; Ordinance adopting 2018 Code)

This policy relating to the political subdivisions created pursuant to Texas Constitution, art. III, section 52, is adopted pursuant to the applicable provisions of the Texas Water Code and the Municipal Annexation Act (V.T.C.A., Local Government Code, § et seq.) of this state, to be equitably applied to all petitioners for new utility districts within the city's territorial jurisdiction.

(Ordinance 2001-014, § 50050, adopted 9/20/01; 2006 Code, § 154.166)

Basic qualifications for consent to the creation of a utility district, including, but not limited to, municipal utility districts (MUD), water control and improvements districts (WCID), and fresh water supply districts (FWSD), are as follows:

(1)

The economic viability of the district must be shown in the same manner as required by the state;

(2)

The consent resolution and agreement must reflect, and conform to, all the applicable stipulations of this policy;

(3)

The council must determine that the district is not likely to be annexed by the city or be served by city water and wastewater within three years. However, this determination shall not be binding on the city;

(4)

When the council receives a petition for creation of a utility district within the city's territorial jurisdiction, it shall be evaluated for conformance with the comprehensive plan, the impacts of the district, and the policy set forth herein; and

(5)

Bonding of improvements shall be reviewed and is subject to approval by the city.

(Ordinance 2001-014, § 50051, adopted 9/20/01; 2006 Code, § 154.167)

The city shall require the following of all utility districts, and these requirements shall be stipulated by the appropriate set of consent resolutions and agreements:

(1)

All development activities within the district shall conform to all city ordinance requirements in existence on the date of approval of the creation petition by the city council;

(2)

All development construction by the district or the developers must be done in accordance with the city standards for similar facilities and copies of plans and specifications must be approved by the city before construction begins;

(3)

All planning, designs, and construction of drainage facilities and other facilities or features pertinent to drainage shall be done in accordance with this city Code. Drainage plans must be approved by the director of community owned utilities prior to land development;

(4)

The city shall have the right to inspect all facilities of the district at any time during construction. Final approval by the city must be obtained by the applicant before additional construction in the district can begin;

(5)

Before the utility district issues bid invitations for its bonds, the city council shall have the right of review of all bond issues and sales, including bond prices, interest rates, and redemption premiums, and copies of all documents submitted to state agencies shall be concurrently submitted to the city for conformance with the consent agreement;

(6)

The district shall prepare for and submit to the city annual reports on the status of construction and bond sales;

(7)

The district shall not furnish water or wastewater service to any tract of land unless the commission has approved a subdivision plat covering that tract of land and the plat has been recorded in the deed records of the appropriate county. The commission will not be required to approve any subdivision within a utility district which does not conform to the provisions of the consent agreement;

(8)

The district shall not provide service outside its boundaries unless approval is obtained from the council. If this permission is granted, no bond funds shall be expended or indebtedness incurred to provide the service without approval of the city council;

(9)

The city shall review and approve the adequacy, type, and construction of all roadways in the utility district;

(10)

No land within the utility district shall be allowed at any time in the future, to incorporate, join in an incorporation, or be annexed into any incorporated city other than the city without the prior approval of the city;

(11)

No land may be annexed to or acquired by a district without the approval of the city council;

(12)

Right-of-way, public park land, utility and drainage easements, and all other appropriate lands and easements shall be properly dedicated to the public, by the district and its ultimate successor; and

(13)

Any wastewater treatment plant constructed in whole or in part with bond proceeds under this policy shall not point discharge into any creek, river, or drainage channel in the watershed, the boundaries of which shall be determined by the city council, based on competent scientific data.

(Ordinance 2001-014, § 50052, adopted 9/20/01; 2006 Code, § 154.168)

For all subdivisions of land within the scope of this article, a plat of the subdivision shall be prepared and submitted to the city for approval, approval with conditions, or disapproval as provided for in this article.

(Ordinance 2001-014, § 60010, adopted 9/20/01; 2006 Code, § 154.180; Ordinance 2023-18, § 2(Exh. A), adopted 8/17/23)

(a)

The planning staff shall administer the provisions of this article.

(b)

In furtherance of that authority, that department shall:

(1)

Maintain permanent and current records with respect to this article, including amendments thereto;

(2)

Receive and file all concept plans, preliminary plats, and final plats, together with applications therefor;

(3)

Forward copies of the preliminary plat to other appropriate governmental agencies and departments and public utilities for their report and recommendations, when report and recommendations are necessary or desirable;

(4)

Review all preliminary plats to determine whether the plats comply with this article and review all final plats to determine whether they comply with the preliminary plat and this article;

(5)

Forward plans and plats to the commission as required by this article, together with its recommendations thereon;

(6)

Forward plans and plats to the council, together with its recommendations; and

(7)

Make other determinations and decisions as may be required of the department by this article or by the commission or by the council.

(Ordinance 2001-014, § 60020, adopted 9/20/01; 2006 Code, § 154.181)

In the interpretation and application of the provisions of this article, the following regulations shall govern:

(1)

In their interpretation and application, the provisions of this article shall be regarded as minimum requirements for the protection of the public health, safety, comfort, convenience, prosperity, and welfare. This article shall be regarded as remedial and shall be liberally construed to further its underlying purposes.

(2)

Whenever both a provision of this article and any other provision of this article or any provision in any other law, ordinance, resolution, rule, or regulation of any kind contains any restrictions covering any of the same subject matter, whichever restrictions are more restrictive or impose higher standards or requirements shall govern.

(3)

Where there arises a question concerning the meaning or intent of a provision of this article, the director is hereby implored to render a written decision setting forth the exact manner in which that provision shall be interpreted and administered. In the event exception is taken by any interested party to such a decision, the matter shall be appealed to the commission, whose decision shall be final.

(4)

Any written decision issued under subsection (3) above shall be attached to and made a part of this article until rescinded by amendment of this article as provided for herein.

(Ordinance 2001-014, § 60030, adopted 9/20/01; 2006 Code, § 154.182)

All subdivision plats and development plans shall conform to the comprehensive plan for the community and be consistent with all of the elements thereof. Where the proposed plat or plan is at variance with one or more of the elements of the comprehensive plan, the subdivider may petition the city for amendment to the particular element or elements of the comprehensive plan either prior to or concurrent with submitting a request for final plat or development plan approval. Inconsistency with the provisions of the comprehensive plan shall be grounds for disapproval of the plat or plan by the city.

(Ordinance 2001-014, § 60040, adopted 9/20/01; 2006 Code, § 154.183)

All development projects within the corporate limits of the city shall be in conformance with article 9.03 of this Code and the city's planning area map. Where the proposed subdivision plat or development plan requires a zoning classification or approval other than that currently applying to the property to be developed, the subdivider shall make appropriate application to secure the necessary zoning classification or approval so that the proposed development would comply with article 9.03. Any subdivision plat or development plan that does not have the proper zoning classification or approvals shall be denied by the city.

(Ordinance 2001-014, § 60050, adopted 9/20/01; 2006 Code, § 154.184)

(a)

At the time of preliminary plat submittal, the subdivider shall file a request for voluntary annexation to the city, for any subdivision or development which will impact the city and have effect on any of the following:

(1)

City utilities, including water, sewer, and electricity;

(2)

City services, including police, fire, sanitation, and emergency services;

(3)

City park and recreation facilities;

(4)

The city's storm drainage system;

(5)

The Wimberley Independent School District; and

(6)

Other city facilities, including library, streets, hospital, and the like.

(b)

The request for voluntary annexation shall not be limited in its time of duration, and the council upon recommendation of the commission shall determine if and when the property will be annexed to the city.

(Ordinance 2001-014, § 60060, adopted 9/20/01; 2006 Code, § 154.185)

Editor's note— Ordinance 2023-18, § 2(Exh. A), adopted Aug. 17, 2023, repealed § 9.02.357 entitled "Special exceptions; variances," which derived from: Ordinance 2001-014, § 60070, adopted Sept. 20, 2001; and 2006 Code, § 154.186.

To defray the costs of administering this article, the applicant seeking subdivision plat or development plan approval shall pay to the city at the time of application submittal the prescribed fees as set forth in the current administrative fee schedule approved by the council and on file in the office of the director.

(Ordinance 2001-014, § 60090, adopted 9/20/01; 2006 Code, § 154.187)

The council may, from time to time, adopt, amend, and make public rules and regulations for the administration of this article upon recommendation of the commission, to the end that the public is informed and that approval of plats is expedited. This article may be enlarged or amended by the council after public hearing, due notice of which shall be given as required by law.

(Ordinance 2001-014, § 60100, adopted 9/20/01; 2006 Code, § 154.188)

Except as otherwise provided for in this article, it shall be unlawful for any person, firm, or corporation to sell to any other person, firm, or corporation any lot, parcel, tract, or block of land to be used for other than agricultural purposes, regardless of the size or shape of the lot, parcel, tract, or block, unless that lot, parcel, tract, or block of land conforms with this article; provided, however, that for all deeds filed of record prior to August 22, 2000, it shall be lawful to convey title to the total area described in each of those deeds.

(Ordinance 2001-014, § 60110, adopted 9/20/01; 2006 Code, § 154.189)

(a)

Any person who violates any provision of this article for which no other penalty is provided shall, upon conviction, be subject to penalties as set forth in section 1.01.009 of this Code.

(b)

(1)

Civil and criminal penalties apply. The city shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this article is hereby declared to be a nuisance.

(2)

Criminal prosecution. Any person violating any provision of this article shall, upon conviction, be fined a sum not exceeding $500.00. Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor.

(3)

Civil remedies. Nothing in this article shall be construed as a waiver of the city's right to bring a civil action to enforce the provisions of this article and to seek remedies as allowed by law, including, but not limited to, the following:

a.

Injunctive relief to prevent specific conduct that violates this article or to require specific conduct that is necessary for compliance with this article; and

b.

A civil penalty up to $250.00 a day when it is shown that the defendant was actually notified of the provisions of this article and, after receiving notice, committed acts in violation of this article or failed to take action necessary for compliance with this article; and

c.

Other available relief.

(Ordinance 2001-014, § 60120, adopted 9/20/01; 2006 Code, § 154.999)

This division shall be commonly cited as the landscape ordinance.

(Ordinance 2021-21, adopted 5/6/21)

(a)

This division is adopted to promote and enhance a superior community environment, to maintain the rural character, to maintain air quality and ecologic balance, to maintain property values, to provide soil stabilization, to filter stormwater runoff, and to ensure the maximum preservation of the valuable natural features and scenic rural/wooded character by establishing minimum standards and requirements relating to the protection of trees and natural vegetation.

(b)

It is intended that this division be administered with the foregoing purposes in mind and specifically so as to:

(1)

Ensure, insofar as practical in permitting development of land and minimizing fire hazard, the maximum retention of natural vegetation to aid in protection against erosion of top soil, preservation of natural scenic qualities and healthy ecosystems of the city through good conservation practices, protection from flooding or landslides, noise absorption, maintenance or privacy, and in providing habitat, shade and color;

(2)

Protect mature trees and significant stands of trees in order to retain as many as possible consistent with the purposes set forth herein and also consistent with reasonable economic enjoyment of private property. In this context, privately owned trees have an impact on the quality of life for the entire community;

(3)

Preserve the rugged beauty and natural environment that defines the character of the city and makes it a unique and desirable community.

(Ordinance 2021-21, adopted 5/6/21)

This division applies to all commercial and multi-family property, including redevelopment and properties zoned Wimberley Planned Development District (WPDD), within the incorporated municipal boundaries (i.e., city limits). This division applies to actions taken after the date of enactment.

(Ordinance 2021-21, adopted 5/6/21)

(a)

Rules of interpretation. Words and phrases used in this division shall have the meanings set forth in this section. Terms that are not defined below, but are defined elsewhere in the Code of Ordinances, shall be given the meanings set forth in the Code. Words and phrases not defined in the Code of Ordinances shall be given their common, ordinary meaning unless the context clearly requires otherwise. When not inconsistent with the context, words used in the present tense shall include the future tense, words in the plural number shall include the singular number (and vice versa), and words in the masculine gender shall include the feminine gender (and vice versa). The word "shall" is always mandatory, while the word "may" is merely directory. Headings and captions are for reference purposes only.

(b)

Specific definitions.

City administrator. The chief administrative officer of the city. The term shall also include the deputy city administrator.

City council. The governing body of the city.

City of Austin Environmental Criteria Manual. The document promulgated by the City of Austin, which is commonly used throughout the region and is widely regarded as the standard in the development community, as may be amended.

City of Austin Grow Green Guide. The document promulgated in part by the City of Austin, entitled "Native and Adapted Landscape Plants: An Earthwise Guide for Central Texas," as may be amended.

City permit. A city license, certificate, approval, registration, consent, permit, or other form of authorization required by a city ordinance, regulation, or rule in order to develop, construct, and operate the improvements on the property.

Code. The Code of Ordinances enacted by the city, as may be amended from time to time.

DBH (diameter at breast height). The tree trunk diameter of an existing tree measured in inches at a height of 4.5 feet above the ground. If a tree splits into multiple trunks below 4.5 feet, the trunk is measured at its most narrow point beneath the split.

Designated tree. Any of the following:

(1)

A hardwood tree having a trunk of eight inches in caliper or greater measured at DBH;

(2)

A multi-trunked hardwood tree having a total trunk DBH of 30 inches or more (not counting trunks less than eight inches in diameter); or

(3)

A cluster of hardwood trees within a ten-foot radius circle having a total trunk DBH of 40 inches or more (not counting trunks less than eight inches in diameter).

Escrow. A deposit of a cash bond with the city in accordance with this division.

Extreme drought classification. A D3 classification of drought intensity provided by the National Drought Mitigation Center, with D1 being the least intense and D4 being the most intense. D3 classification, extreme drought areas, result in major crop/pasture losses and widespread water shortages or restrictions. The National Drought Mitigation Center must be consulted to determine the classification for the region.

Heritage tree. A tree that has a diameter of 24 inches or more, measured 4½ feet above natural grade.

Impervious cover. Roads, parking areas, buildings, swimming pools, rooftop landscapes, and other construction limiting the absorption of water by covering the natural land surface; this shall include, but not be limited to, all streets and pavement within the development.

Landscape architect. One whose profession is the decorative and functional alteration and planting of grounds, especially at or around a building site.

Landscaping. Consists of introduced vegetation, as well as related improvements to a lot, including, but not limited to, forming and berming, irrigation systems, landscape subsurface drainage systems, site furnishings, and nonstructural retaining walls.

Natural area. An area where the naturally grown landscaping is left primarily undisturbed, except for the removal of poison ivy, greenbrier, and similar vegetation, oak wilt removal and/or prevention measures, and allowing for maintenance of the trees to maintain vigorous growth.

Non-native invasive species. (Also called "non-indigenous," "non-native" or "alien") exotic pest plants and invasive exotics growing in native plant communities that adversely affect the wildlife habitats and bioregions they invade, economically, environmentally, and/or ecologically.

Owner. A person with legal control over property in question.

Person. A human individual, corporation, agency, unincorporated association, partnership, or sole proprietorship, or other legal entity.

TCEQ. The Texas Commission on Environmental Quality, or its successor agency.

(Ordinance 2021-21, adopted 5/6/21)

This division applies to all new commercial and multi-family development and redevelopment, including properties zoned Wimberley Planned Development District (WPDD), requiring site plan approval subject to zoning requirements. All properties going through redevelopment through extension, reconstruction, resurfacing, or structural alteration must come into compliance. Site plan approval shall be conditioned on compliance with this division.

(Ordinance 2021-21, adopted 5/6/21)

A fund is hereby created in which any cash-in-lieu paid to the city pursuant to the mandates of this division shall be deposited. The fund may be drawn upon by the city to implement landscaping improvements on city land and city controlled rights-of-way.

(Ordinance 2021-21, adopted 5/6/21)

No person shall damage or remove trees in violation of this division.

(Ordinance 2021-21, adopted 5/6/21)

It shall be unlawful for any person to violate this division.

(Ordinance 2021-21, adopted 5/6/21)

(a)

Nonresidential street tree requirements. At least one required tree, shall be planted adjacent to or near the street right-of-way for each 25 feet, or fraction thereof, of linear street frontage. Trees shall be planted between the street right-of-way and any horizontal and vertical improvements. The required number of trees need not be placed uniformly, but may be clustered in groups.

(b)

Trees planted shall be a minimum four-inch DBH, staked, and wrapped. Small trees/large shrubs trees shall be a minimum two-inch DBH, staked, and wrapped.

(c)

Trees with deep roots may be planted in the area between the sidewalk and road if approved by the city administrator, or designee. Trees of species whose roots are known to cause damage to public roadways or other public works are prohibited.

(Ordinance 2021-21, adopted 5/6/21)

(a)

Landscape buffer planting requirements.

(1)

All plant material shall be of native or adapted species.

(2)

All new proposed shade trees shall be a minimum of four inches in diameter.

(3)

All proposed ornamental trees shall be a minimum of two inches in diameter.

(4)

All large shrubs shall be a minimum of five-gallon container size and small shrubs/groundcovers a minimum of one-gallon container size.

(b)

Landscape buffer spacing requirements. The following landscape buffer spacing requirements shall apply to all designated landscape buffers:

(1)

Shade trees (such as Live Oak or Cedar Elm). One per 50 feet of buffer frontage.

(2)

Ornamental trees (such as Crape Myrtle or Desert Willow). One per 25 feet of buffer frontage.

(3)

Large shrubs, five-gallon (such as Wax Myrtle, DW Yaupon, or Agarita). One per six feet of buffer frontage.

(4)

Small shrubs/groundcovers, one-gallon (such as Lantana or Liriope). One per three feet of buffer frontage.

(c)

Landscape buffer widths. The following landscape buffer width requirements shall apply to all designated landscape buffers and shall be measured from the edge of the right-of-way:

(d)

Landscape buffer vegetation. The following landscape buffer vegetation requirements shall apply to all designated landscape buffers:

This buffer area shall contain either native vegetation in the form of trees and bushes left in their natural, undisturbed condition, or, if no such native vegetation exists, shall consist of landscaping in conformance with this division. If the area consists of landscaped plantings, maintenance of such plantings shall be the sole responsibility of the developer.

(Ordinance 2021-21, adopted 5/6/21)

All trees, plants, and vegetation shall comply with the City of Austin "Grow Green" recommended plant guide. Invasive plants in this guide are specifically prohibited.

(Ordinance 2021-21, adopted 5/6/21)

A landscape plan and tree survey shall be submitted to the city with the proposed site plan. The landscape plan shall comply with the landscape requirements. The landscape plan shall be signed and sealed by a landscape architect licensed by the state. The existing tree survey should be signed and sealed by a surveyor licensed by the state.

(Ordinance 2021-21, adopted 5/6/21)

(a)

Parking lots and all vehicular parking and maneuvering areas, excluding driveways behind buildings, shall contain areas constructed, planted, and maintained as landscaped islands, peninsulas, or medians.

(b)

The minimum total area in landscaped islands, peninsulas, or medians in the parking lots in front of buildings shall be 90 square feet for each 12 parking spaces.

(c)

One tree is required for every six parking spaces. Tree preservation is encouraged, thus one existing tree that is at four inches DBH shall count for two new trees.

(d)

No parking space shall be located further than 50 feet from a landscaped island, peninsula, median, or tree. They shall be located evenly through the parking areas; however, the location of landscaped islands, peninsulas, and medians may be adjusted to accommodate existing trees or other natural features.

(e)

Landscape terminal islands (end islands) shall be located at the end of all parking modules in a configuration to allow for turning radii of intersecting aisles to protect parked vehicles, provide for visibility, confine moving traffic to aisles and driveways, and provide space for landscaping. Medium and tall shrubs are prohibited on internal islands to maintain visibility.

(f)

All landscaped islands shall have curbs except when utilizing low impact development techniques to capture and utilize runoff for irrigation purposes.

(g)

Paving over the critical root zone is discouraged and must be approved by the city administrator, or designee. All approved paving shall be porous pavement to allow water and air exchange.

(Ordinance 2021-21, adopted 5/6/21)

(a)

For outdoor condensers, utility huts, and other building service equipment (other than a rooftop), such equipment shall be reasonably screened from view on all sides using a masonry wall and vegetative screen using at least two varieties of plant material from the "grow green" plant guide, that, at maturity, are at least the height of the equipment to be screened.

(b)

All refuse and/or recycling containers shall be reasonably screened with landscaping from public view and the view of adjoining properties.

(c)

The opening for removal of the dumpster for collection shall be a minimum of 12 feet to allow proper service access. An additional ten feet in width is required for every additional dumpster.

(d)

All durable materials used in constructing the dumpster screening masonry wall system shall be consistent with and complement the primary structure.

(e)

The orientation of the dumpster opening shall not face the street or public sidewalk unless approved by the city administrator, or designee.

(Ordinance 2021-21, adopted 5/6/21)

The owner shall be responsible for (unless otherwise specified herein):

(1)

Regular maintenance of all required landscaped areas and plant materials in a vigorous and healthy condition, free from diseases, pests, weeds, and litter. This maintenance shall include weeding, watering, fertilization, pruning, mowing, edging, mulching, or other necessary maintenance in accordance with generally accepted horticultural practice;

(2)

The repair or replacement of required landscape structures (walls, fences, etc.) to a structurally sound condition;

(3)

The regular maintenance, repair, or replacement, where necessary, of any screening or buffering;

(4)

Replacing planted trees if they die or become diseased beyond repair within five years after planting; and

(5)

Repairing damage to landscaped areas, structures, screening, buffering, or trees as a result of ingress or egress from site easements by authorized or unauthorized parties.

(Ordinance 2021-21, adopted 5/6/21)

Air integrated pest management plan (IPM) shall be submitted with the site plan. The IPM shall include the fertilizer ratios, brands, and types of fertilization application methods to be used. Fertilizers must be phosphate-free.

(Ordinance 2021-21, adopted 5/6/21)

(a)

A grading and tree survey shall be submitted with the site plan. No clearing or grading permits shall be issued until a tree survey is submitted.

(b)

The tree survey shall include all existing, live, healthy trees with an eight-inch DBH in diameter and larger. The survey shall indicate the size (DBH) and species of tree. Trees observed to be distressed will be indicated with an asterisk on the tree list. Trees shall be represented by circles using the formula of one foot of radius for every one inch of trunk diameter. Unbroken circles indicate trees that are to remain. Dashed circles indicate trees that are to be removed (including trees identified to be distressed).

(c)

Healthy designated trees (as defined by the City of Austin Environmental Criteria Manual, Appendix F) that require removal to accommodate the development shall be replaced at a ratio of 1:1, or cash-in-lieu may be paid to the city, the amount equal to the cost of nursery stock required to replace the caliper amounts lost and the cost of installation on a per-unit basis, not to exceed $100.00 per caliper inch or $6,000.00 per acre (prorated for sites of more or less than one acre) for the entire site. Trees identified as distressed shall not be included in tree preservation requirements evaluation. This distress identification must be determined by a certified arborist. No more than 50 percent of designated trees may be replaced by cash-in-lieu.

(d)

Removal of a heritage tree is prohibited unless a certified arborist confirms the following finding that the heritage tree is either: (1) dead; (2) is an imminent hazard to life or property, and the hazard cannot reasonably be mitigated without removing the tree, in whole or in part; or (3) is diseased and restoration to sound condition is not practicable or the disease may be transmitted to other trees and endanger their health. The city administrator shall have the authority to determine whether such documentation is in order and may consider specific utility situations in light of potential hazards to life or property. In the case of an imminent hazard to life or property, documentation may be submitted within 72 hours after the action is taken.

(e)

Removal of a heritage tree is prohibited unless a variance is granted by city council with the following findings that the heritage tree either: (1) prevents reasonable access to the property; (2) prevents a reasonable use of the property.

(f)

Pre- and post-construction fertilization is required for existing trees that will be or have been disturbed by construction activities, including disturbance of the critical root zone. Fertilizers must be phosphate-free.

(g)

The planting, preserving, and maintaining of trees which are contagiously diseased trees, or the storage of cut oak unless first determined by a certified arborist to be devoid of oak wilt or properly treated, shall be deemed a public nuisance and is prohibited.

(h)

During construction, take measures to protect trees, including rigid fencing, shielding, and signage, as necessary. Rigid fencing shall be placed with a radius of at least ten feet from the trunk or at the critical root zone, whichever is greater, unless property lines or other features prohibit a complete radius. Rigid fencing shall consist of chain link or wood fencing not less than four feet high at the drip line of the tree. Stakes shall be no more than six feet apart and at least 1½ deep into the ground. Rigid fencing shall be at least three feet in height.

(i)

The city administrator or designee shall inspect and approve installed tree protection before issuance of any permit to commence with any construction activity.

(j)

Tree protection shall remain in place until final landscaping installation as approved by the city administrator or designee.

(k)

Parking or storing of vehicles, equipment or materials allowed within the critical root zone is prohibited.

(Ordinance 2021-21, adopted 5/6/21)

(a)

An irrigation plan is required as part of the site plan and will be prepared by a licensed irrigator (i.e., licensed landscape architect or engineer). The plan should include rain/freeze sensors on all controllers. The irrigation plan should provide drip irrigation in shrub beds where appropriate and bubblers on all trees.

(b)

Turf grass plantings may be Buffalo, Zoysia, or Bermuda. St. Augustine is expressly prohibited.

(c)

Landscaped areas must be mulched to reduce evaporation and preserve water.

(Ordinance 2021-21, adopted 5/6/21)

(a)

During extreme drought classifications for this region as determined by the National Drought Mitigation Center, the city administrator, or designee, may accept a fiscal deposit of the amount equal to the cost of purchasing and installing the trees and other required landscaping into the city's drought tree fund in lieu of the installation of trees and other landscaping required by this chapter for the issuance of a certificate of occupancy permit, or the city administrator or designee may accept an escrow equal to the cost of purchasing and installing the trees and other required landscaping. The city shall only accept the fiscal deposit or escrow if an erosion control plan consistent with section 9.04.066 of this Code has been reviewed and accepted by the city administrator or designee. Failure to maintain and adhere to an approved erosion control plan during periods of extreme drought classification shall be deemed a violation and the fines and penalties under section 9.02.394 of this division shall apply.

(b)

Persons requesting that the city accept a fiscal deposit in lieu shall provide the city with written documentation from an entity that sells trees and landscaping the cost of purchasing and installing the trees and other landscaping required by this chapter.

(c)

If no cost for the installation of trees and landscaping required by this chapter is provided to the city, the city shall require 66 percent of the cost of the trees and landscaping to be paid as the installation cost in addition to the cost to purchase the trees and landscaping.

(d)

Any fiscal deposits for trees and landscaping paid to the city pursuant to this section shall be held in escrow. The escrow may be drawn upon by the city to implement tree and landscaping requirements for the depositing property owner, or the funds shall be released to the depositing property owner to implement tree and landscaping requirements within 30 days when the drought mitigation center determines that this region is no longer in an extreme drought condition or higher classification. Failure to implement the tree and landscaping requirements within 30 days of release of the fiscal deposit to the depositing property owner shall be deemed a violation and the fines and penalties under section 9.02.394 of this division shall apply.

(e)

Whenever necessary to enforce any provision of this division or implement tree and landscaping requirements on the depositing property owner's property, city staff, or the city's contractor, may enter upon depositing property owner's property at any reasonable time to inspect or perform any duty imposed by this division during an extreme drought classification for this region. If entry is refused, the city shall have recourse to every remedy provided by law and equity to gain entry.

(f)

The city is the custodian of any cash funds or bonds on deposit in the property owner's escrow account. The city has a fiduciary duty to the depositing property owner and may dispose of the escrowed funds only in accordance with this section.

(Ordinance 2021-21, adopted 5/6/21)

(a)

Compliance. Violators of this division will be required to come into compliance within 60 days, unless a variance has been approved by the city. Compliance with this division may be grounds for withholding of other related pending permits for the project by the city.

(b)

Enforcement. The city shall have the power to administer and enforce the provisions of this division as may be required by governing law. Any person violating any provision of this division is subject to a stop-work order, suit for injunctive relief, and/or prosecution for criminal violations. Any violation of this division is hereby declared to be a nuisance. Any violation of this division may serve as grounds to withhold or delay issuance of other permits and revocation of a certificate of occupancy.

(c)

Criminal penalty. Any person violating any provision of this division shall, upon conviction, be fined a sum not exceeding $500.00 to be deposited in the landscaping fund. Each day that a provision of this division is violated shall constitute a separate offense. An offense under this division is a misdemeanor.

(d)

Civil remedies. Nothing in this division shall be construed as a waiver of the city's right to bring a civil action to enforce the provisions of this division and to seek remedies as allowed by law, including, but not limited to, the following:

(1)

Injunctive relief. Injunctive relief to prevent specific conduct that violates this division or to require specific conduct that is necessary for compliance with this division;

(2)

Civil penalty. A civil penalty up to $250.00 a day to be deposited in the landscaping fund, when it is shown that the defendant was actually notified of the provisions of this division and after receiving notice committed acts in violation of this division or failed to take action necessary for compliance with this division, and other available relief; and

(3)

Stop-work order. In the event work is not being performed in accordance with this division, the city shall issue a stop-work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop-work order is in effect.

(Ordinance 2021-21, adopted 5/6/21)