HomeMy WebLinkAboutOrdinance No. 2010-04 (Title: An ordinance amending the subdivision regulations of the City to require
submission and approval of the plat by the appropriate drainage district(s) as a
requirement for preliminary and final plat approval by the City, and amending the ,
subdivision regulations to simplify language concerning private streets and correct
inconsistencies/typographical errors in the subdivision general requirements.)
ORDINANCE NO.2010-04
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE CITY OF FRIENDSWOOD, TEXAS, APPENDIX B
"SUBDIVISIONS", AND BEING AN ORDINANCE
PROVIDING RULES AND REGULATIONS GOVERNING
PLATS AND THE SUBDIVISION OF LAND, BY AMENDING
SECTION II, SUBSECTIONS (B) AND (C) TO REQUIRE
SUBMISSION AND APPROVAL BY THE APPROPRIATE
DRAINAGE DISTRICT AS A REQUIREMENT FOR
PRELIMINARY AND FINAL PLAT APPROVAL BY THE
CITY; BY AMENDING SECTION HI, SUBSECTIONS (A),
(G)(1) AND (I)(4) TO SIMPLIFY LANGUAGE CONCERNING
PRIVATE STREETS AND TO CORRECT INCONSISTENCIES
AND TYPOGRAPHICAL ERRORS IN THE SUBDIVISION
GENERAL REQUIREMENTS; PROVIDING A PENALTY OF
AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF
VIOLATION OF ANY PROVISION HEREOF; AND
PROVIDING FOR SEVERABILITY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
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Section 1. City of Friendswood, Texas, Ordinance No. 2000-01, as amended;
originally adopted the 17th day of December, 2000, same being Appendix B "Subdivisions" of
the Friendswood City Code, same also being an ordinance providing rules and regulations
governing plats and the subdivision of land, is hereby amended as set forth below. Words being
deleting are indicated by brackets, as follows: "[deleted]." Words being added are indicated by
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underline, as follows: "underline."
Section 2. Appendix B, "Subdivisions," Section II is hereby amended by amending
subsections (b)(2), (b)(3) and (c)(2)to read and provide as follows:
"Appendix B—Subdivisions
Section II. Procedures for submission of plats.
b. Preliminary plat .
2. The preliminary plat submittal shall contain the information and/or language required
hereunder:
(a) Title of plat shall show:
(1) Proposed name of subdivision.
(2) Legal description of subdivision including the name of the county and
surveying abstract number.
(3) Total acreage and total number of lots, blocks and reserves. Lots
within each block shall be numbered consecutively. Blocks shall also be
numbered consecutively.
(4) Name and address of owner. If owner is a company or corporation,
name of the principal officer or owner of the entity responsible for the
subdivision must be given.
(5) The name of the registered professional engineer and/or registered
public surveyor responsible for the survey and design. If different from the
surveyor of the boundary, so indicate.
(6) The scale must be drawn numerically and graphically shown on the
plat. The minimum scale acceptable for a plat shall be one inch equals 100
feet. Larger scales are permissible provided the scale chosen is divisible
by ten and the area within 200 feet of the subdivision is shown on the plat.
(7) A north arrow (true or magnetic indicated on the plat) shall be
provided on the plat. North shall be oriented to the top of the plat if
possible, or at left side.
(8) The date on which the plat was drawn shall be indicated on the plat.
(Each revision shall bear a new date.)
(b) A vicinity map, preferably in the upper right corner of the plat, to sho
relation of subdivision to well-known streets, political subdivisions and
watercourses in all directions to a distance of at least one mile. The suggested
scale of the vicinity map is one inch equals 2000 feet and shall be oriented in the
same direction as the detailed subdivision drawing.
(c) Boundaries of ownership with bearings and overall dimensions.
(1) Area to be subdivided drawn in heavy lines with overall dimensions
and bearings.
Ord.2010-04 2
(2) Lines outside of boundaries to be dashed.
(3) An accurate location of the subdivision should be provided by
reference to a well-established survey or league comer, subdivision
corner, or other known point.
(d) Contours with intervals of one-half foot, referred to sea level (U.S. Coast and
Geodetic Survey Data) as required to show at least two contours within the
subdivision in addition to those necessary to clearly show outfall drainage.
Identify basis of control and temporary benchmark set within the subdivision.
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(e) The areas outside the plat boundaries shall be identified with the names and;
recording information of adjacent subdivisions or owners of record of adjoining!
parcels of land.
(f) The location, widths, and names of all existing and proposed public and
private streets or public rights-of-way within or adjacent to the subdivision shall
be indicated. All railroad rights-of-way, pipelines, easements and other permanent
features such as section lines, boundaries of political subdivisions, on all sides for
a distance of not less than 200 feet shall also be indicated.
(g) Existing sewers, water mains, culverts, pipelines or other underground
structures, and other public utilities and buildings within the tract or within 200
feet shall be identified with pipe sizes, grades and locations indicated.
(h) The location and approximate width or dimension of existing and proposed
lakes, watercourses, storm detention areas, and drainage easements within the
subdivision or within 200 feet thereof shall be indicated.
(i) All parcels of land intended to be dedicated for public use or reserved for the
use of all property owners in the proposed subdivision, together with the
conditions or limitations of each reservation, if any, shall be identified. Those
reserves not intended for residential shall be labeled as restricted reserves and
shall require additional action by the commission prior to development as a
residential lot.
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(j) A preliminary drainage plan with calculations shall be provided. Floodplain
information shall also be provided with the 100-year floodplain shown on the
preliminary plat.
(k) A preliminary utility plan with calculations shall be provided.
(1) As avOicable, the aPPlicant shall concurrently process the Preliminary Plat
for approval with the Galveston County Consolidated Drainage District and/or
Harris County Flood Control District, whichever entity has jurisdiction.
3. Submittal.
Ord.2010-04 3
(a) Prints of the plat and plans shall be submitted to the community development
department, for the commission by 5:00 p.m., at least eight working days prior to j
a meeting of the commission, without exception. Refer to the plat submission
application for the number of prints required.
(b) Prints shall be accompanied by the completed form,[ im-a'�te], entitled;
"Application for Preliminary Approval of Subdivision Plat." (These forms may be
obtained from the community development department upon request.)
(c) The owner shall, along with the preliminary plat, submit a certificate or letter.
from a title guaranty company or a title attorney indicating a current search and.
certifying to at least the following concerning the title to the land: A statement of
records examined and date of examination; description of the property in
question, including a metes and bounds description of the tract; name of the fee
owner as of the date of examination, and the date, file number, date of filing, and
volume and page of any lienholders; and general description of any easement or
fee strips granted along with the file number, date of filing, and volume and page
of recording.
(d) The draft of any protective covenants whereby the subdivider proposes to
regulate the use of land in the subdivision shall be submitted; provided, however;
that such restrictive covenants, conditions or limitations shall not be less than the
minimum requirements of the city under the terms of these regulations. '
(e) Certification stating that all current city, county, school, utility or other
governmental entity taxes due and payable have been paid or a tax certificate
from the city, county, school, utility or other governmental entity in which 'the
land being platted is located showing no delinquent taxes are due on the property,
being platted.
(fl The applicant shall submit proof that the plat was submitted to the drainage
district with iurisdiction as required by the drainage district, provided the drainage
criteria of both the City and the drainage district are the same. Proof of submittal
may be a receipt of payment or a letter on official letterhead.
c. Final plat.
1. No final plat shall be considered unless a preliminary plat has been submitted and
approved (unless the alternate method of plat submission is used) and a set of final
construction plans has been approved by the city engineer for the public infrastructure
improvements.
Ord.2010-04 4
2. After the foregoing procedure has been complied with and the preliminary plat
approved or conditionally approved by commission, the subdivider shall prepare or cause ,
to be prepared a final plat, or plats, together with other supplementary information as
specified herein. The final plat shall conform substantially to the preliminary plat as
approved and incorporate all the provisions relating to preliminary plats in subsection
(b)(2) of section II of this ordinance [appendix], except subparagraphs d., g., j., and k.
This plat shall also reflect any conditions or requirements for final approval imposed by
the commission,together with the following additional requirements:
(a) All easements necessary for utility service shall be shown on the final plat
and the applicant shall provide certification on the plat that all utility companies
have been contacted and the easements shown on the plat constitute all of the
easements requested by the utility companies.
(b) Show all streets and alleys with street names, width measured at right angles
or radially (where curved), complete curve data (radius, PC, and PT), length and
bearing all tangents between curves.
(c) The plat must provide a note that all existing pipelines or pipeline easements
though the subdivision have been shown or that there are no existing pipeline
easements within the limits of the subdivision.
(d) Accurate dimensions, both linear and angular, of all items on the plat; the
boundary survey on the side shall close within one in 10,000. Linear dimensions
shall be expressed in feet and decimals of a foot; angular dimensions may be
shown by bearings. Curved boundaries shall be fully described and all essential
information given; circular curves shall be defined by actual length of radii and by
degree of curve. Complete dimensional data shall be given on fractional lots.
(e) The description and location of all lot and block corners and permanent
survey reference monuments shall be shown.
(f) Designate any sites of schools, churches,parks, sewage disposal plants, water
plants, business, industry, or other special land uses. If proposed use is unknown,
designate as unrestricted. Tracts for nonresidential use should be numbered as
blocks and lots.
(g) Watercourses and ravines, as determined by actual ground survey, showing
high banks and width of existing or proposed easements.
(h) All dedication statements and certificates must be made a part of the final
plat drawing and must include, but not be limited to, the statements, the general
form and content of which are provided as examples available in the community
development department. These dedication statements and certificates and various
notations include the following:
(1) Owner's acknowledgement;
Ord.2010-04 5
(2) Execution of owner's acknowledgment;
(3) Lienholder's acknowledgment and subordination statement;
(4) Notary public acknowledgment for all signatures;
(5) Certificate for engineer and surveyor;
(6) Certificate for commission;
(7) County clerk filing acknowledgment statement;
(8) Encumbrances certificate;
(9) Vacation of subdivision plat;
(10) Certificate of amending plat;
(11) City engineer's certificate.
(i) A certificate by a registered public surveyor, duly authenticated, that the plat
is true and correct and in accordance with the determination of surveys actually
made on the ground. If the surveyor who prepared the plat did not make the
original boundary survey, this fact should be noted in the certificate.
0) The final plat, as approved by the commission, to be filed by the city
secretary for record with the county clerk of Galveston/Harris County, Texas,
shall not show the construction features such as curblines or utility lines or other
structures not involved in the title covenant.
(k) The plat shall provide a note that the finish floor elevations of all structures
shall be located above the base flood elevation (established by FEMA) as
prescribed in the Flood Damage Prevention Ordinance of the City of
Friendswood,Texas [chapter 34, art II of the Code of Ordinances].
(1) The legal entity responsible for the maintenance of any improvements
including but not limited to building, recreational area, open space, equipment
pool, or private driveway which are to be owned and shared by the owners of real
property in the proposed subdivision shall be designated by appropriate articles of
incorporation, contracts, restrictions, or other method. The means of securing
payment for maintenance and operating expenses and any method of terminating
such obligation shall be stated in the creating documents. In the event such entity
is responsible for the maintenance of driveways, emergency access easements,
recreational areas, or open spaces the following note shall be indicated on the face
of the plat: "The City of Friendswood shall not be responsible for maintenance of
driveways, emergency access easements, recreational areas, and open spaces; and
the (entity) which shall be responsible for such maintenance of driveways,
emergency access easements, recreational areas and open spaces."
(in) As applicable, the applicant shall concurrently process the final plat for
approval with the Galveston County Consolidated Drainage District and/or Harris
County Flood Control District, whichever entity has jurisdiction over the area the
plat covers.
3. Submittal of final plat.
Ord.2010-04 6
(a) Prints of final plat and the two original mylars shall be submitted to the
commission with written application for approval at least eight working days prior
to a meeting of the commission without exception. Refer to the plat submission
application for the number of prints required.
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(b) Prior to filing of the final plat, the letter or title certificate required in section i
II(b)(3)(c) shall be brought up to current date by a supplementary report from the
title guaranty company or title attorney; dated not more than 45 days from the
date submitted to the city.
(c) A copy of the final restrictive covenants to govern the nature of the use of the
property shall be submitted to the commission and may be sent to the city attorney
for review and approval prior to filing of the final plat. The commission shall, in,
the public interest, require that said restrictive covenants be filed simultaneously
with the plat.
(d) The applicant shall submit proof that the final plat has been approved by the
appropriate drainage district as required. provided the drainage criteria of both the
City and the drainage district are the same. Proof of approval shall be a letter of
approval from the drainage district.
4. Decision of the commission. On receipt by staff of an application containing all of the
information described above, staff shall schedule the application for action by the commission on
their next available agenda. Beginning with the meeting date for initial approval of the final plat l
the commission shall render a decision thereon within 30 days. Said decision may consist of
approval or disapproval.
5. Final approval will expire one year after the commission action granting approval of any plat
unless the plat has been filed of record with the county clerk, except that if the subdivider shall
apply in writing prior to the end of such one year period stating reasons for needing the
extension, this period may, upon a showing of good cause, be extended by the commission for
another year but not beyond that period.
Section 3. Appendix B, "Subdivisions," Section III is hereby amended by amending
subsections (a), (g)(1) and (i)(4)to read and provide as follows:
"APPENDIX B—SUBDIVISION ORDINANCE
SECTION III. General requirements and design criteria.
a. The subdivision shall conform to the comprehensive plan of the city, as well as all duly
adopted design criteria of the city, which shall be kept on file with the city engineer and be
available to the public. The city engineer shall maintain the design criteria and propose such
Ord.2010-04 7
changes to them from time to time so that they are equivalent or more stringent than those in the
area.
Provided, however, city council may, through the following ordinances, approve[d} standards
different from those contained in this appendix B or the design criteria manual. Where different
standards are approved, whether those standards are more stringent or less stringent, they shall
control:
(1) An ordinance reclassifying land to a planned unit development district (PUD); or
(2) An ordinance approving a specific use permit for a PUD district.
g. Cul-de-sacs.
1. Length. The length of cul-de-sacs shall not be longer than 750 feet. In cases where,
proposed subdivisions are surrounded by existing development which precludes
compliance with block length standards, the commission may approve the creation of cul-
de-sac streets which exceed [60% 750 feet in length if the turnaround complies with the
current design criteria and the subdivider can establish that lots fronting thereon will not,
as a result of the length of such street, be deprived of a level of public services which
would otherwise be afforded to lots on cul-de-sac streets of 750 feet or less. In
considering any such application, the commission shall consider measures which would
ensure:
(a) Adequate water pressure for potable water needs and firefighting capabilities;
(b) The ability of the city to timely provide emergency services; and
(c) That traffic hazards and traffic congestion is not created due to density or
number of lots. In achieving these measures, the commission may require the use
of medians, larger lot dimensions, or other alternative solutions deemed
appropriate by the commission as may be necessary to satisfy the intent of this
paragraph. Each application for an extended dead end cul-de-sac street shall be
considered on an individual case-by-case basis, and depending on the particular
circumstances surrounding the property in question.
2. Cul-de-sac right-of-way radius. The proposed cul-de-sac right-of-way and pavement
radii shall comply with the requirements of the current design criteria. 1
3. Temporary turnarounds are to be used where curb and gutter is not installed at the en Id
of the street more than 400 feet long that will be extended in the future and noted thus:
"Crosshatched area in temporary easement for turnaround until street is extendeid
(direction) in a recorded plat."
i. Lots.
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1. The lot size, width, depth, shape and orientation, and the minimum building setback
lines, shall be appropriate for the location of the subdivision and for the type of
development and use contemplated.
2. Lot dimensions shall conform to the latest zoning ordinance.
3. Corner lots for residential use shall have extra width to permit required building
setback from an orientation to both streets.
4. The subdividing of the land shall be such as to provide, by means of a public or
private street, each lot with satisfactory access_ [to an existing publie street' Provided,
however, [s..1.diyi.....nsin zoning ElistFiets -M-R !_Lill (garden 1.eme residential district\
to lets by means of private streets from eity eouneil through the site pla J
provided}such private streets [ether�vvisej shall comply with, and are privately maintained
to, the requirements for public streets.
5. Double-frontage, and reverse-frontage lots, should be avoided except where essential
to provide separation of residential development from traffic arteries or to overcome
specific disadvantages to topography and orientation. A planting screen easement of at
least ten feet, and across which there shall be no right of access, shall be provided along
the line of the lots abutting such traffic artery or other disadvantageous use.
6. Side lot lines shall be substantially at right angles or radial to street lines.
Section 4. Any person who shall violate any provision of this Ordinance shall b
deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed
$2,000.00. Each day of violation shall constitute a separate offense.
Section 5. In the event any clause phrase,provision, sentence, or part of this Ordinance
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or the application of the same to any person or circumstances shall for any reason be adjudged
invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, Jr
invalidate this Ordinance as a whole or any part or provision hereof other than the part declared tl
be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares
Ord.2010-04 9
that it would have passed each and every part of the same notwithstanding the omission of any
such part thus declared to be invalid or unconstitutional,whether there be one or more parts.
PASSED AND APPROVED on first reading this 25th day of January,2010.
PASSED,APPROVED, and ADOPTED on second and final reading this 22"a day
of February,2010. j
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David J. H. Smith j
Mayor
ATTEST
FR'SAND
Melinda Welsh,TRMC pF S�
Deputy City Secretary ti a
n o
* rt
qTF OF
Ord.2010-04 10