HomeMy WebLinkAboutOrdinance No. 2026-14ORDINANCE NO. 2026-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS, AMENDING APPENDIX B "SUBDIVISIONS" OF THE FRIENDSWOOD
CITY CODE TO MAKE MINOR ADMINISTRATIVE CORRECTIONS; PROVIDING
A MAXIMUM PENALTY OF FIVE HUNDRED AND NOIl00 DOLLARS ($500.00);
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT
OR IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY, PUBLICATION
AND AN EFFECTIVE DATE.
WHEREAS, in accordance with the Friendswood City Code and all applicable laws, the Planning
and Zoning Commission and the City Council conducted public hearings concerning the amendments
contained herein to Appendix B "Subdivisions" of the Friendswood City Code, allowing all interested
parties the opportunity to be heard; and
WHEREAS, after the public hearing on the proposed amendments and after having considered the
amendments and public testimony, the Planning and Zoning Commission filed a final report and
recommendation with the City Council to deny the delegation of additional plat approval authority to the
Director of Community Development but to approve the minor administrative corrections contained in this
ordinance; and
WHEREAS, in accordance with the Friendswood City Code and all applicable laws, the City
Council has detennined that all public notices have been posted and published and all required hearings on
this matter have been held; and
WHEREAS, the City Council further finds that this ordinance complies with the applicable
provisions of the City Charter, City Code and all other applicable laws; and
WHEREAS, the City Council deems it appropriate to approve only those amendments contained
herein; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF
TEXAS:
Section 1. The facts and matters set forth in the preamble of this ordinance are hereby found
to be true and correct.
Section 2. That Appendix B "Subdivisions" of the Friendswood City Code is hereby amended
to read as follows:
See Exhibit "A,"
which is attached hereto and incorporated herein for all intents and purposes.
Section 3. A violation of this ordinance is subject to the penalty provisions contained in
Section 1-14 of the Friendswood City Code and as otherwise provided by law. Any person who shall
intentionally, knowingly, recklessly, or with criminal negligence fail to comply with any provision of this
ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an
amount not to exceed FIVE HUNDRED AND NO/100 DOLLARS ($500.00). Each act of violation and
each day upon which any such violation shall occur shall constitute a separate offense.
Section 4. That all ordinances or parts of ordinances in conflict or inconsistent with this
ordinance are hereby expressly repealed.
Section 5. In the event any section, paragraph, subdivision, clause, phrase, provision,
sentence, or part of this ordinance or the application of the same to any person or circumstance shall for
any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not
affect, impair, or invalidate this ordinance as a whole or any part or provision hereof other than the part
declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares
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, or whether there be one or more parts.
Section b. The City Secretary shall give notice of the enactment ofthis ordinance by promptly
publishing the caption of this ordinance after final passage in the official newspaper of the City.
Section 7. This ordinance shall take effect upon its publication.
INTRODUCED, READ, AND PASSED on first and final reading by the affirmative vote of the
City Council of the City of Friendswood this 4`h day of May, 2026.
MIKE FOREM f.N, Mayor
ATTEST:
RAQU L TINEZ, City Secretary
APPROVED AS TO FORM:
KA N L. HORNER, City Attorney
H:ICity CounciIlO inances12026105-04-202610rdinance - Subdivision Text Amendments - No Delegation ā¯‘FAuthority Concerning Sn6divisions.doex
EXHIBIT "A"
Appendix B. SUBDIVISIONS
Section I. Purpose.
The purpose of this section is to establish the procedures and requirements for the submittal, review,
consideration and action by the city to provide the necessary details and orderly processing of the
subdivision of land within the city and its extraterritorial jurisdiction.
A. The subdivision of land shall conform to this appendix, 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 small maintain the design criteria
manual and propose such changes to them from time to time so that they are equivalent or more
stringent than those in the area.
B. The city council may, through a Planned Unit Development (PUD) ordinance, approve standards
different from those contained in this appendix or the design criteria manual. Where different
standards are approved, whether those standards are more stringent or less stringent, they shall
control. In no case shall a PUD decrease a required life safety code.
C. When considering the placement of streets and utilities within proposed subdivisions, the
developer shall preserve all natural features such as large trees, watercourses, historical spots,
and similar community assets which will add attractiveness and value to the property unless such
preservation results in an economic penalty of such magnitude that development of the land is
infeasible.
Section H. Statutory authority; jurisdiction.
In pursuance of the authority granted to cities under the constitution and laws of the state, the city
council does hereby adopt the rules and regulations in this appendix governing the subdivision and
development of land within the city limits and the city's extraterritorial jurisdiction. Where there is any
conflict in the subdivision ordinance or with other ordinances, the more restrictive shall apply.
A. Effective date and applicability means all subdivision applications filed for preliminary plat
approval on or after the effective date of the ordinance from which this appendix is derived shall
be subject to these regulations. A subdivision application filed or which has received preliminary
approval prior to the effective date of the ordinance from which this appendix is derived shall be
subject to the subdivision regulations in effect at the time offiIing the application for preliminary
plat approval.
B. Plat approval required.
l . It shall be unlawful for any person to subdivide any tract, lot, or parcel of land within the
city or its extraterritorial jurisdiction unless and until a preliminary and final plat of such
subdivision has been approved, or an exemption satisfied, in accordance with the terms of
this appendix. Unless and until a preliminary and final plat, amending plat or replat of a
subdivision shall have been first approved in the manner provided herein or an exemption
satisfied, it shall be unlawful for any person to construct or cause to be constructed any
street, utility, facility, building, structure, or any other improvement on any lot, tract, or
parcel of land within such subdivision, except as specifically permitted herein.
Z. No building, plumbing, electrical or mechanical permit shall be issued by the city for the
construction of any structure on a lot or tract in a subdivision for which a final plat has not
been approved and filed for record or certificate of exemption issued. No site plan shall be
approved by the city for the construction of any structure on a lot or tract in a subdivision
Exhibit "A," Page 1
for which a final plat has not been approved, or certificate of exemption issued. No
building, plumbing, electrical, or mechanical permit shall be issued by the city for the
construction or repair of any structure on a lot or tract in a subdivision in which the
permanent public improvements have not been approved and accepted by the city.
Large tract division. A division of land under subsection B.1 of this section does not include
a division of land into parts greater than five acres, where each part has access and no public
improvement is being dedicated. Access shall be satisfied by compliance with section
VI.A.I.a. Upon request by the owner of a tract resulting from this division who qualifies,
the city must issue a certificate of exemption certifying that the division meets this
exception.
4. Partial plat approval. Notwithstanding section II.B.1., a subdivision plat need not include
all of a tract being divided if
a. General.
(1) The portion of the tract being divided but not included within the plat
boundaries is not intended to be a part of the development reflected in the
proposed plat; or
(2) If some or all of the portion being divided but not included within the plat
boundaries is intended to be a part of the development reflected in the
proposed plat, then such part may be platted in a subsequent phase of the
development, provided the person dividing the property submits a master
plan pursuant to section IV.C.1. that meets with city approval;
b. The tracts being divided:
(1) Each have access that complies with section VI.A.I.a.; and
(2) Each are greater than five acres in size;
Excluding the portion of the tract being divided but not included within the plat
boundaries will not substantially alter or impede any pending or anticipated
development;
d. The boundaries of the portion of the tract not included within the plat are depicted
and identified on the plat of the subdivision by dashed lines as provided for by section
IV.C.2.b.(1)(b), and with a notation thereon indicating that development of such tract
is contingent upon a subdivision plat thereof being filed and approved by the city, if
such plat is required;
The plat application includes an acknowledgement, executed by the owner of the tract
being divided, confirming that development of the portion of the tract not included
within the plat boundaries would be contingent upon a subdivision plat being filed
and approved by the city, if such plat is required, in accordance with the rules and
regulations of the city governing plats and the subdivision of land in effect at the time
the application for plat approval for such portion is sought; and
£ The general purposes of this appendix will be served without the necessity of
including such tract within the boundaries of the plat.
Upon request by the owner of the tract resulting from a division under section II.B.4.a.(1)
that is not intended to be a part of the development reflected in the proposed plat, and who
qualifies, the city must issue a certificate of exemption certifying that the division meets
this exception.
Exhibit "A." Page 2
C. Authority. The city shall not repair, maintain, install or provide any street or public utility service,
nor authorize the sale or supply of water or sewer service, in any subdivision for which a final
plat has not been approved and filed for record. The city shall not repair, maintain, install, or
provide any street or public utility service, nor authorize the sale or supply of water or sewage
service, in any subdivision in which the permanent public improvements have not been approved
and accepted by the city.
D. Exemptions. The provisions of these subdivision regulations shall not apply to:
1. Annexed and consolidated areas. Land legally platted and approved prior to the effective
date of the city's subdivision regulations with frontage on an existing, improved public
street and with all utilities and public infrastructure needed to serve the land.
2. In -fill tract. Land constituting one or more contiguous tracts with total acreage of less than
five acres with frontage on an existing, improved public street and with all utilities and
public infrastructure needed to serve the land, for which a legal deed of record describing
the boundary of said tract or parcel was filed of record in the deed records of the county
clerk of the appropriate county on or before the effective date of the ordinance from which
this appendix is derived.
3. Certificate ofplatting exemption. Upon request by the owner of tract who qualifies for an
exemption under subsections D.1. or D.2. of this section, the city must issue a certificate of
platting exemption certifying that the division meets this exception.
Section III. Definitions.
The following definitions shall apply in the interpretation and the enforcement of this appendix. The
terms not defined herein shall be construed in accordance with the ordinances of the city or their customary
usage and meaning in municipal planning and engineering practices.
Access or accessway means the public or private street by which pedestrians and vehicles shall have
lawful and usable ingress and egress to a property line, provided, however, that access may be provided
through a private easement in a commercial development.
Alleys. Alleys shall only be used to provide secondary access to lots which otherwise have their
primary access from an adjacent street. Minimum pavement width for alleys shall be 20 feet.
Amending plat means a finished map or plan amending the lots in a previously recorded subdivision.
All property that was previously part of the lot(s) being amended shall be included in the boundaries of the
amended plat, regardless of ownership. Amended plats are approved administratively by the city manager
or the city manager's designee.
Block means an area of land within a subdivision entirely bound by streets (other than alleys),
highways, natural barriers, or the exterior boundaries of the subdivision.
Block length means the distance along a side of a street between the nearest two streets which intersect
said street on said side.
Block face means one side of a city street between two consecutive intersections.
City means the City of Friendswood, Texas, a municipal corporation located within Galveston and
Harris Counties, Texas.
Commission means the planning and zoning commission of the City of Friendswood, Texas.
Comprehensive plan means the general plan adopted by the city council for the growth and
development of the city and its environs, including any and all elements of such plan, addressing such topics
Exhibit "A." Page 3
as land use, streets and thoroughfares, utilities, drainage, parks, community facilities and schools, as well
as other related topics or plans.
Council means the duly elected governing body of the City of Friendswood, Texas.
Cul-de-sac means a dead-end street with turnaround.
Development Meeting is an informal process to allow an exchange of information between the
developer and city staff.
Director means the director of community development.
Easement means a right granted for the limited purpose of use over, across or under private land.
(1) Easement, access means an easement that provides access to platted lots or reserves. The
easement shall meet all of the requirements as set forth for its intended use, including, but not
limited to, construction, width, building lines and function, but shall be privately maintained.
(2) Easement, aerial means an easement for the exclusive use of constructing and maintaining
above -ground utilities within its confines.
(3) Easement, drainage or storm water easement means an easement for the unobstructed use of
constructing and maintaining drainage facilities within its confines.
(4) Easement, maintenance means a perpetual four -foot -wide wall -maintenance easement shall be
provided on the lot adjacent to the zero lot line/property line, which, with the exception of walls
or fences, shall be kept clear of structures. This easement shall be noted on the plat and
incorporated into each deed transferring title to the property.
(5) Easement, sidewalk means a non-exclusive public easement for sidewalk purposes.
(6) Easement, wastewater or sanitary sewer means an easement for the unobstructed use of
constructing and maintaining wastewater lines and appurtenances within its confines.
(7) Easement, water means an easement for the unobstructed use of constructing and maintaining
water lines and appurtenances within its confines.
(8) Easement, utility means an easement granted for the purpose of placing and maintaining utilities
within its confines.
Final plat means a complete and exact subdivision plan prepared in conformity with the provisions of
this appendix and other related ordinances and in a manner suitable for recording with the county clerk of
the county or counties in which said subdivision is located.
Frontage means that side of a lot abutting an accessway where the lot is assigned an address.
In -fill tract means any vacant tract or tracts of land that can be developed for the use for which they
are zoned and which are surrounded by, or adjacent to, existing developed property.
Lot means a physically undivided tract or parcel of land having frontage on an accessway and which
is, or in the future may be, offered for sale, conveyance, transfer or improvement; which is designated as a
distinct and separate tract; and which is identified by a tract or lot number or symbol in a duly approved
subdivision plat which has been properly recorded.
Master Plan means the plan or map for all subdivisions to be developed in phases or sections. The
master plan shall be submitted prior to or with the plat of the first section of development of a subdivision
and with all sections thereafter. Changes anticipated for the master plan shall be approved in advance of all
platting, and the master plan map and attendant overlays or plans corrected as the changes are anticipated.
Exhibit "A." Page 4
Preliminary plat means a map or drawing of a proposed subdivision prepared in accordance with the
provisions of this appendix and which illustrates the features of the development for the purpose of review
and preliminary approval.
Private streets means a non -dedicated right-of-way or accessway, meeting all requirements of public
streets, except owned and maintained by private interests.
Public sidewalk means the minimum paved walkway, built in conformance with the city design
criteria manual and standard construction details, located within the public right-of-way, or easement
dedicated for public use, which provides continuous pedestrian access to adjacent land.
Public streets means a public right-of-way, dedicated for public use, which provides vehicular and
pedestrian access to adjacent land. Included within this definition are the following general classification
of streets:
(1) Major thoroughfares or arterial streets means principal traffic arteries more or less continuous
across the city and which are intended to connect remote parts of the city and which are used
primarily for fast or heavy -volume traffic.
(2) Collector streets means streets which carry traffic from minor streets to the major system of
arterial streets and highways; said street may service commercial or industrial areas.
(3) Minor streets means streets which are used primarily for access to the abutting properties and
which are intended to serve traffic within a limited area.
(4) Boulevard means streets utilizing opposing travel lanes separated by a landscaped median, which
serves to separate traffic moving in opposite directions.
Subdivider and/or developer are synonymous and are used interchangeably, and shall include any
person, partnership, firm, association, corporation and/or any officer, agent, employee, servant and trustee
thereof, who does, or participates in the doing of, any act toward the subdivision of land within the intent,
scope and purview of these regulations.
Subdivision or subdivide means the division of any lot, tract or parcel of land by plat, map or
description into two or more parts, lots or sites for the purpose, whether immediate or future, of sale, rental
or lease, or division of ownership. Any dedication and the laying out (or realignment) of new streets, or
other public accessways, with or without lotting, is a subdivision. The term "subdivision" or "subdivide"
also includes the re -subdivision and re -platting of land or lots which are part of a previously recorded
subdivision. An "addition" is a subdivision as defined herein. The term "subdivision" or "subdivide"
includes the division of land whether by plat or by metes and bounds description, and, when appropriate to
the context, shall relate to the process of subdividing or to the land subdivided.
Title rertificate means a certificate prepared and executed by a title company authorized to do business
in the state or an attorney licensed in the state certifying the true owner or owners of die property and
describing all encumbrances of record which affect the property. Such certificate shall include all property
included within the platted area, and such certificate shall not have been executed more than 45 days prior
to the submission of same to the community development department.
Tract means a lot or parcel of land, however denoted, fee simple title to which is owned by a person
or persons by virtue of one or more deeds or other instruments. Multiple parcels of land described in a deed
or other instrument are, despite being included in a single deed or other instrument, separate parcels of land
if such parcels are described by separate, complete legal descriptions therein.
Section IV. Plat submittal and filing procedures.
A. Prior to the submission of the preliminary plat, the subdivider shall schedule a development meeting
to confer with the community development department staff on an informal basis to receive comments
Exhibit "A," Page 5
and advice on the procedures, specifications and standards required by the city as conditions for
subdivision plat approval. At this meeting, staff shall also discuss the proposed plat and its conformity
with the comprehensive plan, its relationship to surrounding property, availability of utilities,
drainage, street pattern, and any other matters.
B The community development department is responsible for accepting plans, plats, and other
development -related documents, and is authorized to establish in writing the information that must be
submitted, including the form and manner of submission. Incomplete applications shall not be
accepted.
Master plan. Master plan procedures are as follows:
a. The master plan shall be submitted to the community development department with the
following:
(1) Completed application submitted online through the city's public portal.
(2) Review fees (non-refundable).
(3) Overall map of total property, showing blocks, lots, reserves, street layouts, etc.
(4) Stormwater drainage overlay or plan view with existing topographic contours, areas
to be filled, if any, and drainage areas outlined, major drainageways, etc.
(5) Wastewater overlay or plan view indicating the proposed ultimate capacity needs.
(6) Water main overlay or plan view indicating the proposed ultimate capacity needs.
(7) Tree preservation, mitigation, and maintenance plan.
(8) Traffic study, if required per the Design Criteria Manual.
(9) Original boundary and topographic data shall be certified by a registered professional
land surveyor. Also, any area to be filled will be shown, with approximate proposed
elevations.
(10) The appropriate city department may waive one or more of the above items it deems
unnecessary due to the size of the parcel, the number of lots being created, the
proposed use and the adequacy of existing infrastructure servicing the location.
b. Staff comments shall be addressed prior to approval by the commission. Said decision will
be based upon a determination that the master plan meets the requirements of this article
and all other applicable city ordinances and regulations. The master plan shall be subject
to approval by the commission in concept only.
C. The master plan shall expire after two years from the date of approval, unless one of the
following occur:
(1) An application for a permit (including a plat) necessary to begin or continue towards
completion of the project is submitted;
(2) Costs have been incurred for developing the project including, without limitation,
costs associated with roadway, utility, and other infrastructure facilities designed to
serve, in whole or in part, the project (but exclusive of land acquisition) in the
aggregate amount of five percent of the most recent appraised market value of the
real property on which the project is located; or
(3) Fiscal security is posted to ensure performance of an obligation required by the
regulatory agency.
Exhibit "A." Page 6
d. All master plans that are associated with planned unit developments ("PUDs") are also
subject to the requirements in the zoning ordinance.
2. Preliminary plat. Preliminary plat procedures areas follows:
a. Submittal requirements. The plat shall be submitted to the planning department with the
following:
(1) Completed application submitted online through the city's public portal.
(2) Review fees (non-refundable).
(3) A certificate or letter from a title guarantee company or a title attorney indicating a
current search (within 45 days of submittal to the city) and certifying to at least the
following concerning 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 easements or fee strips granted along with the file number, date of
filing, and volume and page of recording.
(4) Certification stating that all current city, county, school, utility, or other governmental
entity taxes due and payable have been paid for; 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.
(5) The draft of any protective covenants whereby the subdivider proposed to regulate
the use of land in the subdivision, 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.
(6) Reserved.
(7) Reserved.
(8) A copy of the instrument establishing any private easement shall be submitted with
the preliminary plat.
(9) Preliminary stormwater drainage overlay or plan view with existing topographic
contours, areas to be filled, if any, and drainage areas outlined, major drainageways,
etc., if not previously submitted in conjunction with a master plan.
(1 0) Preliminary wastewater overlay or plan view, if not previously submitted in
conjunction with a master plan.
(11) Preliminary water main overlay or plan view, if not previously submitted in
conjunction with a master plan.
(12) Tree preservation, mitigation, and maintenance plan,
(13) Traffic study, if required per the Design Criteria Manual.
(14) A list of deviations from the master plan made to the plat by the applicant. Significant
changes will require submittal of a revised master plan.
(15) The appropriate city department may waive one or more of the above items it deems
unnecessary due to the size of the parcel, the number of lots being created, the
proposed use and the adequacy of existing infrastructure servicing the location.
Exhibit "A," Page 7
b. Graphic requirements. Preliminary plats shall show the following graphic information:
(1) Title of plat shall show:
(a) Proposed name of the subdivision, which must not be similar to that of an
existing subdivision as to cause confusion.
(b) Legal description of subdivision, including the name of the county and
surveying abstract number.
(c) The number of lots, blocks, and reserves and the total acreage in the title
block.
(d) 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.
(e) 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.
(2) The scale must be drawn numerically and graphically shown on the plat. Graphic
scale of 100 feet to the inch or larger.
(3) 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 the left side.
(4) The date on which the plat was drawn shall be indicated on the plat. Each revision
shall bear a new date, (month, day and year).
(5) Key map or vicinity map, preferably in the top right corner of the plat, showing
orientation of the area being subdivided in relation to adjacent areas and principal
streets. The suggested scale of the vicinity map is one -inch equals 2,000 feet and shall
be oriented in the same directions as the detailed subdivision drawing.
(6) Location and length of boundary lines.
(a) Area to be subdivided drawn in heavy lines with overall dimensions and
bearings.
(b) Lines outside of boundaries to be dashed.
(c) An accurate location of the subdivision should be provided by reference to
a well -established survey or league corner, subdivision corner, or other
known point.
(7) The width, depth and location of all lots. Lot, block, and section numbers shall be
placed consecutively.
(8) All restricted reserves including parks and facilities, landscape amenities, parkland
dedication, and utility areas shall be clearly labeled on the plat with both the acreage
and the intended restricted use. Development of a restricted reserve shall be limited
to the designated use. Restricted reserves shall not be converted to residential lots or
used for a purpose other than the designated use without the approval of a replat.
(9) Describe the subdivision by metes and bounds.
(10) Street names shall not be duplicated in the city.
Exhibit "A." Page 8
(11) The location and width of existing and proposed streets (public and private) within
the subdivision and immediately adjacent to it shall be shown, measured at right
angles, or radially when curved.
(12) The alignment of proposed streets with existing city streets.
(13) Street design dimensions or a reference to the minimum standards for tangents, arcs,
radii, etc.
(14) Name, location, width and purpose of all existing and proposed easements.
(15) Existing and proposed utilities on and adjacent to the tract up to a distance of 200
feet. Sizes of existing utilities and the location of proposed junctions with the existing
system shall be shown.
(16) Vertical control monuments are to have half -mile maximum spacing. All elevations,
based on current National Geodetic Survey, will be registered with the city engineer
upon plat submittal.
(17) 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.
(18) Special Flood Hazard Areas. A statement shall be included on the face of the plat that
the property does or does not lie within a special flood hazard area. Also, the location
of special flood hazard boundaries shall be indicated upon the face of the plat where
the boundary divides the subdivision area.
(19) Names of subdivisions, streets, watercourses, pipelines and easements up to a
distance of 200 feet. If adjacent property has been subdivided into residential lots,
adjacent individual lot addresses will be shown. If adjacent property is acreage,
adjacent property ownership will be shown.
(20) Additional land in the area adjacent to the subdivision in which the applicant has legal
interest.
(21) The name of the subdivision, street names, title block information, special notes,
dedication and notary statements, and ownership certificate language are subject to
review and acceptance by the city.
(22) The applicable row(s), column(s), and notes from the Regulation Matrix per
Appendix C, Zoning Ordinance.
C. Expiration. Approval shall expire six months after the date of approval by the commission
of the preliminary plat, or of final sections of a preliminary plat, except that if the subdivider
shall apply in writing prior to the end of such six-month period, stating reasons therefore,
an extension may be granted by the commission upon a showing of good cause, for a single
extension of six months.
d. The subdivider may, at his discretion, after approval or conditional approval of a
preliminary plat, file a final plat or plats covering a portion of the preliminary plat. The
remainder of the preliminary plat shall be deemed as approved or conditionally approved
as in section V of this section, provided, however, that such approval or conditional
approval of the remainder of the preliminary plat be limited to a two-year period after
approval by the commission of the pertinent final plat or plats. Prior to the end of such two-
year period, the subdivider may apply, in writing, for a one-year extension of the
Exhibit "A," Page 9
preliminary plat stating the reasons for the extension. The commission may, upon a
showing of good cause, grant a single extension of up to one year.
Final plat. Final plat procedures are as follows:
a. No final plat shall be considered unless a preliminary plat has been submitted and approved
(unless an alternate method of plat submission is used) and a set of final construction plans
and specifications has been approved by the city engineer for the public infrastructure
improvements.
b. Submittal requirements. After the foregoing procedure has been complied with and the
preliminary plat approved or conditionally approved by the commission, the subdivider
shall prepare or cause to be prepared a final plat, or plats, together with other supplementary
information as specified herein.
(1) Construction Plans and Specifications in accordance with Section X. Plan profiles of
all private and public infrastructure (including but not limited to, water and sewer
lines, drainage and detention areas, utilities, berms, roads, sidewalks, fences, and hike
and bike trails) shall be submitted and approved by the city engineer.
(2) Utility companies' statements that easements are acceptable to provide service and no
other easements are necessary or required.
(3) If applicable, letters of review by any local, county, state and federal departments as
required.
(4) Statement from pipeline companies that all existing or proposed pipelines crossing
the property have been satisfactorily provided for per the requirements of the pipeline
operator, and that the pipeline operator agrees to all pipeline crossings by proposed
streets and other subdivision features.
(5) Statement from well companies that all existing or proposed wells have been
satisfactorily provided for per the requirements of the well operator or owner, and
that the well operator or owner agrees to all setbacks from the wells for any proposed
structures or other subdivision features.
(6) The applicant shall submit proof that the plat was submitted to the drainage district
with jurisdiction 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.
(7) The appropriate city department may waive one or more of the above items it deems
unnecessary due to the size of the parcel, the number of lots being created, the
proposed use and the adequacy of existing infrastructure servicing the location.
C. Graphic requirements. The final plat shall conform substantially to the preliminary plat as
approved and incorporate all the provisions relating the preliminary plats in subsection 2
of this section, except subsections 2.a.(9), 2.a.(10), and 2a.(11) preliminary plans and
2.b.(15) utilities and 2.b.(17). This plat shall also reflect any conditions or requirements for
final approval imposed by the commission, together with the following additional
requirements:
(1) The plat shall show the location and identification of lots, streets, public highways,
alleys, parks and other features, with accurate dimensions, in feet and decimals of
feet, with the length of radii, tangents (or central angle) and arcs to all curves, and
with all other information necessary to reproduce the plat on the ground, all to be set
out within the perimeter lines.
Exhibit "A." Page 10
(2) The plat shall show a heavy -lined perimeter to be the results of an accurate boundary
survey of the property by a registered professional land surveyor with bearings and
distances, and references to section/original survey corners, and showing the lines of
adjacent lands and lines of adjacent streets and their names and widths (dashed lines).
The location and datum used to determine elevations shall be noted on the face of the
plat.
(3) The square footage of each lot shall be labeled on the plat. This can be provided for
in a table.
(4) Traverse lines along streams and easements shall be shown adjacent to the high bank
of streams and waterways.
(5) The plat shall show existing pipeline easements, location of pipelines, required
setbacks, and if material being transported is hazardous.
(6) Impervious coverage. Table showing the allotted maximum percent of impervious
surface for each lot represented, per the Design Criteria Manual.
(7) Front building setback lines shall be required on residential lots and reserves for
commercial development.
(8) All applicable 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. Language in the statements shall be suitable for plat
recording in the official records in the Galveston County Clerk's Office or Harris
County Clerk's Office, as appropriate.
These dedication statements and certificates and various notations include the
following as applicable:
Owner cknowledgment and notarized signature;
Lienholder acknowledgement and notarized signature;
Certificate for engineer and surveyor;
Certificate for the Commission and attested by the secretary;
Certificate for city engineer;
County clerk filing acknowledgment statement;
Vacation of subdivision plat; and
Certificate of amending plat.
(9) Reserves, easements, rights -of -way, etc., not specifically dedicated on the plat or in
accompanying document, shall remain in the custody of the subdivision owner until
transferred by other legal means.
(10) 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. The following note shall be indicated on the
face of the plat:
Exhibit "A," Page I 1
"The City of Friendswood shall not be responsible for maintenance of
private streets (driveways, sidewalks, and emergency access easements),
waterlines, sanitary sewer lines, storm sewer facilities (detention ponds,
drainage easements, outfalls and swales), recreational areas, reserves and
other private facilities that are within private easements; the property owner
or HOA/POA shall be responsible for these items. The City of Friendswood
shall be responsible for maintenance of public streets, sidewalks, street
signs, waterlines, sanitary sewer lines, storm sewer facilities, drainage
easements, outfalls and swales that are within the public right-of-way or
within public and/or exclusive easements. The maintenance of public
streetlights shall be the responsibility of (insert either Texas New Mexico
Power or CenterPoint Energy as applicable)."
d. Expiration. Approval will expire one year after the date of the commission's approval of a
final 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.
e. Plat recordation. Upon approval of the plat, the applicant shall submit to the community
development department the following items as required by Galveston and Harris Counties:
(1) Mylars including all original signatures, stamps and seals.. The city will be
responsible for the required city signatures and recording the plat with the county.
(2) Original tax certificates and receipts from all applicable jurisdictions.
(3) The letter or title certificate required in subsection IV.C.2 shall be brought up to
current date by a supplementary report form the title guaranty company or title
attorney; dated not more than 45 days from the date submitted to the city.
(4) The original, executed protective covenants whereby the subdivider proposes to
regulate the use of land in the subdivision, 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.
(5) A check, payable to the county clerk's office for either Galveston or Harris County,
in the amount of the cost of the county's recording fees.
(6) Under extreme circumstance and approval by the City Engineer, if public and/or
private improvements have not been completed and accepted by city council, the city
may accept a bond as security for the completion of the required improvements. The
applicant shall provide a letter of credit from a federally insured lending institution
or depository before the plat is recorded at the county.
4. Replat. Replat without vacating preceding plat procedures are as follows:
a. The same procedures for final plat approval applies to the replat, except as noted.
b. The proposed replat shall be submitted to the community development department with a
copy of the preceding plat.
C. A replat of a subdivision or part of a subdivision may be recorded and is controlling over
the preceding plat without vacation of that plat if the replat:
(1) Is signed and acknowledge by all the owners of the property being replatted;
(2) Is approved by the commission;
Exhibit "A." Page 12
(3) Does not attempt to amend or remove any covenants or restrictions.
d. In addition, a replat without vacation of the preceding plat must also conform to the
requirements of this subsection:
(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.
e. If a proposed replat described by section (d) does not require a variance or exception, in
accordance with the Texas Local Government Code, written notice shall be given not later
than the 15th day after the date of the approval.
(1) Notification shall be written notice sent 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 county tax roll.
(2) This subsection does not apply to a proposed replat if the commission holds a public
hearing and gives notice of the hearing in the manner provided by Subsection (f).
(3) The notice of a replat must include the zoning designation of the property after the
replat and a telephone number and email address an owner of a lot may use to contact
the city about the replat.
f. If a proposed replat described by section (d) requires a variance or exception, a public
hearing must be held by the commission. Notice of the hearing shall be given before the
15th day before the date of the hearing.
(1) Notice shall be published in the official newspaper.
(2) Notice shall be given in writing, with a copy of Subsection f(3) attached, to the owners
of lots that are in the original subdivision and that are within the original subdivision
and that are within 200 feet of the lots to be replatted, as indicated on the most recently
approved county tax roll, The written notice may be delivered by depositing the
notice, properly addressed with postage prepaid, in a post office or postal depository
within the boundaries of the municipality.
(3) If the proposed replat requires a variance and is protested in accordance with this
subsection, the proposed replat must receive, in order to be approved, the affirmative
vote of at least three -fourths of all the members present of the commission. For a legal
protest, written instruments signed by the owners of at least 20 percent of the area of
the lots or land immediately adjoining the area covered by the proposed replat and
extending 200 from that area, but within the original subdivision, must be filed with
the city prior to the close of the public hearing. In computing the percentage of land
area under this subsection, the area of the streets and alleys shall be included.
g. Compliance with subsections f(2) and f(3) of this section is not required for approval of a
replat of part of a preceding plat if the area to be replatted was designated or reserved for
other than single or duplex family residential use by notation on the last legally recorded
plat or in the legally recorded restrictions applicable to the plat.
h. Expiration. Approval of a replat will expire one year after the date of approval of a replat
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
Exhibit "A" Page 13
the extension, this period may, upon a showing of good cause, be extended by the
commission for another year but not beyond that period.
Short form final plat. Short form final plat procedures are as follows:
a. An abbreviated procedure for plat submission may be used if the proposed subdivision
satisfies the following requirements:
(1) The proposed subdivision is for development containing four lots or less.
(2) All lots in the proposed subdivision front on a previously dedicated or private
accessway of adequate width and are so situated that no additional accessway, alley,
easement or public property is required to meet the regulations of this appendix or
any other ordinance of this city.
(3) All utilities and drainage facilities, as required by this appendix or any other
ordinance of this city, are in place to serve each lot in the proposed subdivision and
require no extensions.
(4) The proposed plat does not vacate, create or extend a public right-of-way or easement.
(5) The proposed plat does not require any variance or modification to the subdivision
ordinance.
b. If a proposed subdivision satisfies the requirements of subsection 5.a. of this section, the
subdivider may seek final plat approval without necessity of submitting a preliminary plat.
Such plat shall meet all the requirements in subsection b. of this section for final plats.
C. Expiration. Approval will expire one year after the date of approval of a short form final
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.
6. Amending plat. Amending plat procedures are as follows:
a. The director shall have the authority to approve amending plats, without further action of
the planning and zoning commission, as permitted by V.T.C.A., Local Government Code
Chapter 212. The director shall not have authority to disapprove any such amending plat
and shall be required to refer any plat that the director refuses to approve to the commission.
Nothing herein shall preclude the director from electing to present the plat to the planning
and zoning commission for approval.
b. An amending plat shall contain all of the informational requirements set forth for a final
plat.
C. The director may approve an amending plat that may be recorded and is controlling over
the preceding plat without a vacation of that plat, if the amending plat is signed by the
applicants only and is solely for the purpose of one or more of the following:
(1) Correct an error in a course or distance shown on the preceding plat;
(2) Add a course or distance that was omitted on the preceding plat;
(3) Correct an error in a real property description shown on the preceding plat;
(4) Indicate monuments set after the death, disability, or retirement from practice of the
surveyor responsible for setting monuments;
Exhibit "A." Page 14
(5) Show the location or character of a monument that has been changed in location or
character or that is shown incorrectly as to location or character on the preceding plat;
(6) Correct any other type of scrivener or clerical error or omission previously approved
by the municipal authority responsible for approving plats. Such errors may include,
but are not limited to, lot numbers, acreage, street names, and identification of
adjacent recorded plats;
(7) 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 material adverse effect on the property
rights of the owners in the plat.
(8) Relocate a lot line to eliminate an inadvertent encroachment of a building or other
improvement on a lot line or easement;
(9) 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; and
(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 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 municipal
planning commission or other appropriate governing body of the
municipality 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.
d. When an amending plat is prepared, the surveyor signing and sealing the plat shall provide
a statement in the title block denoting the change, in addition to any other corrections which
have been made.
Exhibit Page 15
e. Notice, a public hearing, and the approval of other lot owners are not required for the
approval and issuance of an amending plat.
7. Vacating a plat. The procedure for vacating a plat shall conform with the current Texas Local
Government Code and meet the same requirements as a final plat. The procedure shall consist
of:
a. The owners of the tract covered by a plat may vacate the plat any time before any lot in the
plat is sold. The plat is vacated when a signed, acknowledged instrument declaring the plat
vacated is approved by the commission and recorded as described in the plat recordation
section of this appendix.
b. If lots in the plat have been sold, the plat, or any part of the plat may be vacated on the
application of all the owners of the lots in the plat with approval by the commission.
Association required. A plat to subdivide property, whether residential or non-residential that
creates common area or common land shall be accompanied by a copy of documents evidencing:
a. Approval by the Texas Secretary of State's Office of the formation of a homeowners'
association, community association, or property owners' association; and
b. Such association's assumption of the responsibility for maintenance of the common area
and/or common land.
9. Covenants/conditions/restrictions required. Final approval of any plat to subdivide property,
whether residential or nonresidential shall not be granted unless the applicant submits a certified
copy of covenants, conditions, and/or restrictions declared for said property that:
a. Establish materials, design and/or architectural standards acceptable to the city's planning
director; and
b. Are recorded in the appropriate county clerk's office.
Section V. Approval Procedures.
A. Timing. Beginning with the submittal date, plats shall be approved, approved with conditions, or
disapproved within 30 days in accordance with the V.T.C.A., Local Government Code § 212.009. Said
decision will be based upon a determination that the plat meets the requirements of this article and all
other applicable city ordinances and regulations.
B. Requestfor 30-day extension. An applicant may request one or more extensions, each extension shall
not exceed 30 days, provided that the applicant submits a request in writing before the expiration of
the original 30-day period and the commission approves the request.
C. Withdrawal of the plat. Prior to action by the commission, the applicant may submit written notice
withdrawing the plat. A new application and fee will be required upon submittal.
D. Standards for approval. A plat shall be approved provided:
It conforms to the general plan of the City of Friendswood and the current and future streets,
alleys, parks, playgrounds, and public utility facilities;
2. It conforms to the general plans for extension of roads, streets, and public highways, taking into
account access to and extension of sewer and water mains and the instrumentalities of public
utilities; and
3. It conforms to this article, the Design Criteria Manual, and any other applicable city code.
E. Approve. If approved, the plat shall be endorsed with a certificate indicating approval. The certificate
shall be signed and attested in accordance with state law.
Exhibit "A." Page 16
F. Conditional approval or disapproval. The commission shall provide the applicant a written statement
of the conditions for conditional approval or reasons for the disapproval that clearly articulates each
specific condition. Each condition or reason specified in the written statement must be directly related
to the requirements under this appendix and include a citation to the law, including a statute, municipal
ordinance or resolution, that is the basis for the conditional approval or disapproval, and may not be
arbitrary.
1. Applicant response. After the conditional approval or disapproval of a plat, the applicant may
submit to the commission a written response that satisfies each condition for the conditional
approval or remedies for each reason for disapproval. The commission may not establish a
deadline for an applicant to submit a response.
2. Commission response. Once a response is received from the applicant, the commission shall
determine whether to approve or disapprove the applicant's previously conditionally approved
or disapproved plat no later than the 15th day after the date the response was submitted. The
decision of the commission must comply with section V.D., and the commission may disapprove
the plat only for a specific condition or reason provided to the applicant previously.
3. Commission action. The commission shall approve a previously conditionally approved plat or
disapproved plat if the response adequately addresses each condition of the conditional approval
or each reason for the disapproval.
4. Inaction. A previously conditionally approved or disapproved plat is approved if the applicant
files a response that adequately addresses each condition of the conditional approval or each
reason for the disapproval and the commission does not disapprove the plat within 15 days of
the submittal of the response and in accordance with section V.F.2.
G. Failure to take action. If a plat is not approved, approved with conditions, or disapproved within the
prescribed period, the commission, on the applicant's request, shall issue a certificate stating the date
the plat was filed and that the commission failed to act on the plat within the period. The certificate is
effective in place of the endorsement required by Section V.E. of this code.
Section Vl. General requirements and design criteria.
A. Public and private local streets.
The street pattern of a neighborhood must comply with the design criteria, all requirements of
this section and shall;
a. Provide for adequate vehicular access to all properties within a subdivision's plat
boundaries. All lots, tracts and reserves shall have frontage on an approved public right-of-
way or access easement.
b. Provide adequate street connections to adjacent properties to ensure adequate traffic
circulation within the general area.
C. Provide a local street system serving properties to be developed for residential purposes
which discourages through traffic while maintaining sufficient access and traffic movement
for convenient circulation within the subdivision and access by fire, police and other
emergency services.
d. Provide a sufficient number of continuous streets and major thoroughfares, particularly in
those areas designated for the development of multifamily residential, commercial and
industrial land uses, to accommodate the increased traffic demands generated by these land
uses.
e. When necessary to continue the neighborhood pattern for adjacent developments, existing
streets in the adjoining areas shall be continued and shall be at least as wide as such existing
Exhibit "A." Page 17
streets in alignment therewith, but in no case narrower than required by current regulation.
Centerline offset shall be a minimum of 125 feet. Greater centerline offsets may be required
by the commission when necessary for traffic safety.
f. When adjoining areas are not subdivided, the commission may require the arrangement of
streets in the subdivision to make provisions for the proper projection of streets into such
unsubdivided areas.
g. Street intersections shall be as nearly at right angles as practical giving due regard to terrain,
topography, sight distances and safety.
h. Private streets, where allowed, shall meet all the requirements set forth for public streets,
including, but not limited to, construction standards, width, curves, sight distance visibility
and function, and all other design criteria and specifications, and shall be privately
maintained to those standards.
Points of access. Developments of one- or two-family dwellings where the number of
dwelling units exceeds 30 shall be provided with separate and approved fire apparatus roads
and shall meet the requirements of adopted International Fire Code. Exceptions:
(1) Where there are 30 or fewer dwelling units on a single public or private access way
and all dwelling units are protected by approved residential sprinkler systems, access
from two directions shall not be required.
(2) The number of dwelling units on a single fire apparatus access road shall not be
increased unless fire apparatus access roads will connect with future development as
determined by the fire marshal.
B. Collector streets generally.
There shall be a minimum of one point of access from a collector street into a subdivision or
subdivision phase, up to a maximum of 75 platted lots. There shall be a minimum of two points
of access into a subdivision or subdivision phase from a collector street for subdivisions in excess
of 75 platted lots. In the case of phased construction, each phase should meet this requirement,
but in no case shall there be less than one access to a collector street per 75 platted lots.
2. A collector street may be a new or existing street built to current collector street standards for
right-of-way width and pavement width, or an existing street built to past standards but which
by definition currently functions as a collector street.
No subdivision can connect to a collector street through another subdivision unless each is part
of a planned, phased subdivision development. In such cases, the commission may require such
through streets to have additional right-of-way width and paving width, in keeping with
subsection b(1)(e) of this section, to promote better traffic flow.
4. All lots in a subdivision must be within 750 feet of an intersection on a street within the
subdivision that leads to a collector street, but the commission may approve a greater distance
in keeping with the considerations for increased cul-de-sac lengths and block lengths.
The commission may permit an isolated, stand-alone subdivision to connect to a collector street
by way of a new street not built to collector standards if such street is within the plat boundaries
of the subdivision.
6. Due to existing conditions on the land being platted, such as the existence of pipelines, bodies
of water, floodplains, etc., the commission may require additional points of access from a
collector street to protect health, safety and welfare.
C. Major thoroughfares and arterial streets.
Exhibit "A." Page 18
1. General. Street classification, location and alignment shall be in accordance with the
thoroughfare plan and finally determined by the commission.
2. Right-of-way width and transitions. The width of the right-of-way to be dedicated for any
designated or proposed thoroughfare or collector street shall be in conformance with the
thoroughfare plan. In those instances where the proposed subdivision is located contiguous to an
existing thoroughfare or collector street having a right-of-way less than that required by the
thoroughfare plan, sufficient additional right-of-way must be dedicated to bring the right-of-way
width in conformance with the plan. The minimum right-of-way width required for the
development of a designated or proposed thoroughfare or collector street must be of sufficient
width to accommodate the approved roadway pavement and attendant drainage and utility
facilities.
Curves and intersections. Curves proposed for the right-of-way of designated thoroughfares and
collector streets shall be in conformance with the current design criteria. Reverse curves must be
separated by a tangent distance of not less than 100 feet. Intersections with public and/or private
streets shall be at right angles but may vary upon approval of the commission after due regard
for terrain, topography, sight distances and safety. Where acute angles are approved, a radius of
at least 25 feet in the right-of-way line in the acute corner must be provided.
D, Buffering major thoroughfares.
Where a subdivision abuts or contains an existing or proposed arterial street, the commission
may require marginal access streets, reverse frontage with screen planting contained in
nonaccess reservation along the rear property line, deep lots with rear service alleys, or such
other treatment as may be necessary for adequate protection of residential properties and to
afford separation of through and local traffic. if landscaping or berming is used as a buffer
between the major thoroughfare and residential property uses, the subdivider shall provide a ten -
foot landscape easement along the major thoroughfare according to the major thoroughfare plan
and shall construct sidewalks thereon in accordance with the city design criteria manual and
standard construction details.
2. Reserve strips controlling access to streets shall be prohibited except where their control is
definitely placed in the city under conditions approved by the commission.
3. Community Overlay District (COD).
a. Residential developments not facing a Community Overlay District thoroughfare shall be
required to install a visual barrier to a minimum mature height of six feet as measured from
the finished grade. The barrier shall be set back from the street right-of-way line by a
minimum of ten feet. Various materials may be utilized, including landscaped earth berms,
provided the materials are durable and require low maintenance. All barriers shall be
maintained by the owner of the property on which such barrier is located, or by a
homeowner association if a homeowner association is to provide such maintenance, the
obligations therefor shall be set forth in writing, and filed of record in the same manner that
other restrictive covenants are filed. Subdivision plats submitted for residential property
along a COD coiridor shall include detailed information and visual representations of the
proposed barrier, and such other information as deemed necessary by the commission to
establish compliance with this subsection.
b. Trees shall be planted adjacent to the barrier, on the COD thoroughfare side, at intervals of
25 feet, with one-half having a minimum caliper of four inches and one-half having a
minimum caliper of two inches. Existing qualified trees may be counted toward fulfillment
of this requirement, provided that the size, species, and guaranteed duration shall meet the
criteria of the landscaping section of this appendix. (Clustering of trees shall be permitted,
Exhibit "A." Page 19
provided, however, clustering shall not reduce the number of required trees, and trees shall
not be clustered so as to lessen the survival rate of other trees.)
C. Community Overlay District boundaries and requirements are located in the Zoning
Ordinance, Appendix C. Should any portion of this Section conflict with any provisions of
the Zoning Ordinance, the Zoning Ordinance shall govern.
4. Street right-of-way widths shall be as shown in the general plan for the city, and where not shown
therein shall be not less than as follows:
Street type
Minimum right-of-way width
Major thoroughfare
120 feet
Collector
80 feet
Minor(private andpublic)
60 feet
Commercial streets
80 feet
Boulevards
100 feet
E. Partial or half streets. Partial and half streets shall be prohibited, except where essential to the
reasonable development of the subdivision in conformity with other requirements of these regulations,
and where the commission finds it will be practicable to require the dedication of the other half when
the adjoining property is subdivided, the other remaining half of the street shall be platted within such
subdivision, in accordance with section II. Appropriate notations and one -foot reserve must be placed
upon the plat restricting access from any partial or half streets so dedicated to adjacent acreage tracts
until the adjacent property is subdivided in a recorded plat and the additional right-of-way is acquired
providing the full right-of-way as specified in this appendix.
F. Street names. Proposed street names shall be submitted to and approved by the commission. Proposed
street names, which are aligned with other existing named streets, shall conform to the names of the
existing streets. Street names cannot be duplicated. Prior to plat approval, the applicant shall submit a
list in alphabetical order of all streets within each section of the proposed subdivision.
G. Gates on private streets.
1. Entrances to communities with private streets that utilize gates shall be controlled by electrically
operated gates which are physically manner or electronically operated on a 24-hour-per-day
basis. Where electrically operated, unmanned access gates are in place on private streets, one
entrance gate at each entrance must be equipped with a 911 override control switch. For
entrances with two gated lanes of entry, only one of these gated entries requires an electronically
operated gate. The second one may be manually operated. Construction plans and gate
specifications must be submitted to the fire marshal's office and approved prior to installation.
2. The Knox Company Model KS-2 or KS2-P (or approved equal) key operated switches are
approved by the fire marshal's office.
3. The 911 override control switch must be installed in a weatherproof box or assembly approved
by the fire marshal's office.
4. The 911 override switch must be accessible from the driver's side of every emergency response
vehicle.
5. All electrically operated access gates shall have a manual override mechanism for use in the
event of a power failure, approved by the fire marshal's office.
6. Electric gates must have a rest button near the override control switch to secure the gates when
the emergency is terminated.
Exhibit "A." Page 20
7. Streets in existence, finally platted and approved by the city council on the effective date of the
ordinance from which this section is derived shall remain as they are; however, new construction
of private streets shall provide a ten -foot curb -face to curb -face width. The gates in the fully
opened position must provide a minimum of 12 feet clear width.
8. A sensing device that will automatically open the gates for departure or exiting is required.
Where manual exit gates exist, at least one gate at each exit shall be equipped with a 911 padlock.
9. A final inspection by the fire marshal's office is required before the gates are operational. Each
public safety department shall sign off on the acceptance form.
10. Installation of the 911 override switches on all existing gates shall be accomplished within six
months of the effective date of this article from which this section is derived. Gates and 911
switches must be maintained and kept in good working condition.
11. The owner or operator or his agent is responsible for the ordering and the installation of the 911
override control switch. An approved order form must be obtained from the fire marshal's office.
12. Distribution of numbered master keys will be controlled by the city fire marshal's office. Keys
shall be distributed to authorized emergency response personnel only. Recordkeeping will be
maintained in the office of the fire marshal.
H. One foot reserves. In those instances where any public street is established in a plat submitted to the
commission for consideration and where such street forms a stub street into adjacent acreage or where
such street lies along the parallel with the plat boundary and adjacent to acreage, a one -foot wide
reserve must be established within the street right-of-way to form a buffer strip, dedicated to the
public, between the public street right-of-way and the adjacent unsubdivided acreage, to prevent
access to this public street from the adjacent unsubdivided acreage unless and until the commission
has had an opportunity to review the development proposals for such adjacent acreage, and a plat of
the adjacent property is duly recorded. The conditions associated with the establishment of a one -foot
reserve on a plat are contained in the following notation which must be placed upon the face of any
plat where a one -foot reserve is to be established:
"One -foot reserve dedicated to the public in fee as a buffer separation between the side or end
of streets where such streets abet adjacent acreage tracts, the condition of such dedication being
that when the adjacent property is subdivided in a recorded plat, the one -foot reserve shall
thereupon become vested in the public for street right-of-way purposes and the fee title thereto
shall revert to and revel in the dedicator, his heirs, assigns or successors."
1. Culs-de-sac.
Length. The length of culs-de-sac 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
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 installation of medians, larger lot dimensions, or other
alternative solutions may be necessary to satisfy the intent of this section. Each application
Exhibit "A-" Page 21
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.
3. Temporary turnarounds. Temporary turnarounds are to be used where curb and gutter is not
installed at the end 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 extended
(direction) in a recorded plat."
J. Sidewalks. Sidewalks are required along all streets.
1. Exception: Sidewalks shall not be required in single-family residential (SFR) and single-family
residential estate (SFR-E) districts where:
a. Open ditch streets are approved; or
b. The subdivision was accepted prior to sidewalks being a required improvement; or
C. The property is an in -fill tract without an abutting sidewalk.
2. Sidewalks may not be required when, in the judgment of the commission, the safety of the
pedestrians does not require such sidewalks.
3. If a plat is required, the developer, prior to the city's final acceptance of the infrastructure, must
install sidewalks along reserves and rights -of -way prior to the city's final acceptance of the
infrastructure.
4. If no platting or infrastructure construction is required, sidewalks must be installed prior to
issuance of the final certificate of occupancy of the structure.
5. When sidewalks are required, they shall be built in accordance with the city design criteria
manual and standard construction details.
6. Corner lots are required to install sidewalks along each frontage that has an abutting sidewalk.
7. Should an existing sidewalk be removed, the sidewalk must be replaced and built in accordance
with the city design criteria manual and standard construction details.
K. Blocks.
I . The lengths, widths and shape of blocks shall be determined with due regard to:
a. Provision of adequate building sites suitable to the special needs of the type of use
contemplated.
b. Requirements as to lot sizes and dimensions.
C. Need for convenient access, circulation, control and safety of street traffic.
d. Limitations and opportunities of topography.
2. Block lengths (measured along the block -face from intersection to intersection between the
nearest two streets, or from center of the cul-de-sac radius to the nearest street intersection).
a. Minimum block length shall be not less than 300 feet, except for culs-de-sac which shall
have no minimum length.
b. Maximum block length for residential: 1,200 feet (see subsection I for culs-de-sac).
Exhibit "A." Page 22
C. Maximum block length along a major thoroughfare: 1,600 feet, except under special
conditions and upon approval of the commission.
3. The commission may approve the creation of blocks which exceed the maximum length if 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 blocks
that do not exceed the maximum length. 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;
C. That a traffic hazard and/or traffic congestion is not created due to density or number of
lots; and
d. Alignment of any street with a block length greater than 1,200 feet does not promote excess
speed on the street.
in achieving these measures, the commission may require the installation of medians, larger lot
dimensions, or other alternative solutions as necessary to satisfy the intent of this section. Each
application for an extended block length shall be considered on an individual case -by -case basis
and depending on the particular circumstances surrounding the property in question.
4. The proposed street right-of-way and pavement width shall comply with the requirements of the
current design criteria.
5. Temporary turnarounds are to be used where curb and gutter is not installed at the end of a street
more than 400 feet long that will be extended in the future, and should be noted thus:
"Crosshatched area in temporary easement for turnaround until street is extended (direction) in
a recorded plat."
L. Street lighting, signage, and signalization.
1. Street lighting shall be provided in accordance with the city strectlight policy. A proposed street
lighting plan shall be indicated on a copy of the final plat of the subdivision. The proposed street
lighting plan shall be submitted together with the construction plans for public improvements
required by section I V.C.3.b.(1) of this appendix.
2. The developer shall be required to provide and install all traffic signage and signalization
determined by the city to be necessary because of the construction of the proposed subdivision.
All signs and signals shall be provided in accordance with the state manual of uniform traffic
control devices and shall be erected prior to acceptance of the streets by the city.
Section VII. Easements.
A. Easements for utilities. Except where alleys are permitted for the purpose, the city shall require
easements of at least ten feet for poles, wires, conduits, storm sewers, gas, water, and wastewater or
other utility lines, along all rear lot lines, along side-iot lines if necessary, or in the same or greater
widths may be required along the lines of or across lots, where necessary for the extension of existing
or planned utilities. All water and wastewater lines shall be located in the street rights -of -way unless
agreed to and/or specified by the city.
B. Drainage easements. Where a subdivision is traversed by a watercourse, drainageway, bayou, channel
or stream, there shall be provided a stormwater easement or drainage right-of-way conforming
substantially with the lines of such watercourses, and such further width or construction, or both, as
will be adequate for the purpose. Parallels streets or parkways may be required in connection
Exhibit "A," Page 23
therewith. Location and width of drainage easements shall be determined by the commission and shall
be in conformity with the city's design criteria manual.
C. Easement boundaries must be tied by dimensions to all adjacent lot and tract corners. Where the
private easement has no defined location or width, an effort shall be made to reach agreement on a
defined easement.
D. Prior to approval of the final construction plans by the city engineer, the subdivider of any subdivision
plat wherein public streets or easements are shown crossing private easements or fee strips shall, by
letter to the city, assume responsibility for seeing that any adjustments and protection of existing
pipelines, electrical transmission lines, or other facilities shall be planned and provided for to the
satisfaction of the holder of the private easements or fee strips and the city prior to the filing of the
plat for record.
E. Prior to filing the final plat for record, the following requirements shall be met:
1. The developer or dedicator of any plat shall obtain from the holder of any private easement or
fee strip within the plat, crossed by proposed streets or other public easements, an instrument
granting to the public the use of said public streets or easements over and across said private
easements or fee strips for construction, operation and maintenance of those public facilities
indicated. This instrument shall be delivered with the plat.
2. The developer shall furnish the commission a letter from the holder of the private easements or
fee strips in question, stating that arrangements for any required adjustments on pipelines,
electric transmission lines or other similar facilities have been made to the satisfaction of the
holder of the easement.
F. Sidewalk easements. If sidewalks cannot be placed wholly within the right-of-way and must be placed
on private property, easements of the appropriate width shall be required.
Section VIII. Lot design requirements.
A. Lots.
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, provided, however, such private streets 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.
7. The square footage of each lot shall be labeled on the plat. This can be provided for in a table on
the plat.
B. Building set back lines. Building setback lines shall conform to the latest zoning ordinance.
Exhibit "A." Page 24
C. provide required setbacks from pipelines and active wells.
1. No residential, commercial or industrial structure other than structures necessary to operate the
pipeline shall be erected or moved to a location nearer than 50 feet to any pipeline except low-
pressure distribution system pipelines as defined in chapter 26 of this Code.
2. No residential, commercial or industrial structure shall be permitted to be built nearer than 150
feet from any active well or related facility other than structures necessary to operate the well or
facility.
D. Density. No plat shall be approved for the subdivision of land unless such plat reflects and satisfies
the minimum open space (density) requirements for the particular type of development proposed (i.e.,
single-family, commercial, industrial), as provided in the zoning regulations of the city.
Section 1X. Fire prevention and suppression.
These provisions shall be administered in conjunction with the city fire marshal.
A. The proposed development shall be served by fire suppression facilities at the time of issuance
of the first occupancy permit by an approved public water supply system capable of providing
fire flow in accordance with the American Water Works Association and National Fire
Protection Association (NFPA) standards for that type of development and all other NFPA codes
which may be applicable.
B. Fire protection measures shall be required to progress with construction in planned groups of
buildings in accordance with NFPA 1141, Standard for Fire Protection in Planned Building
Groups.
C. Private fire service mains and their appurtenances shall be installed in accordance with NFPA
24 Standard for Installation of Private Fire Service Mains and Their Appurtenances.
D. If a water supply does not exist, aboveground water storage tanks may be approved as an
alternate water supply. Capacity in gallons per minute and duration shall be determined by the
developer with approval of the fire marshal department. Calculations shall be stamped and scaled
by a licensed, professional engineer.
Section X. Construction plans and specifications.
When a preliminary plat of a subdivision has been approved, the developer shall submit plans and
specifications for all improvements pertinent to said subdivision, All improvements shall be designed and
constructed in conformity with the provisions of these regulations and the current design criteria of the city.
No construction shall commence prior to compliance with these regulations. It shall be the duty of the
subdivider or his engineer to see that this provision is complied with in its entirety.
A. Submittal requirements.
Complete application submitted online through the city's public portal.
2. Fee (non-refundable).
3. A complete set of plans, specifications, and contracts, including performance, payment and
maintenance bonds covering said construction. These shall show such features as required
by the current design criteria manual including but not limited to, the following plans:
water, sanitary sewer, stormwater, drainage and detention, streetlight plan, traffic control
plan, and street sign plans.
B. Approval. The city engineer shall, within 30 days of receipt of said plans and specifications,
approve same if they conform to the requirements of these regulations and the current design
Exhibit "A." Page 25
criteria, or disapprove same giving its reasons therefor in writing to the subdivider. Thereafter,
when the subdivider has met the objections, if any, the city engineer shall approve the plans and
specifications and forthwith deliver same to the subdivider, his agent or his engineer.
Upon approval of the construction drawings by the city engineer, these drawings and
specifications shall become the minimum standards required for final acceptance of the
subdivision, provided, however, that in the case of conflict where the design criteria impose
greater requirements, the design criteria will govern in this deficient specification; all other
specifications being the same as had previously been approved by the city engineer.
C. Inspection required. All public infrastructure improvements within all of the area of any
subdivision or portion thereof shall be inspected by the city engineer and accepted by city council
before the plat is filed of record.
The subdivider, owner, and the design engineer responsible for the design improvements shall
have the obligation upon acceptance of the preliminary plat by the city to grant the city engineer
the right of ingress and egress for the purpose of inspection of the facilities under construction.
If at any time during the construction of the proposed improvements the city engineer finds the
improvements not to be in conformance with the plans and specifications of the proposed
improvements and the subdivision ordinance or current design criteria, the city engineer will
hereby be given the authority to cause the subdivider, owner, and the design engineer for the
improvements to cease all operations within the property boundaries of the approved plat until
all deficiencies are corrected to conform to the subdivision ordinance and current design criteria.
D. Final acceptance. The subdivider, owner or his engineer must furnish one certified complete set
of as -built drawings on the street, drainage and utilities in the subdivision before final
acceptance. The owner and the contractor must furnish to the city, upon final acceptance of the
subdivision by the city, a maintenance bond for the duration of one year from the date of final
acceptance of the subdivision. The bond shall be for 100 percent of the present worth of the
installed utilities.
Section XI. Engineering and construction standards.
A. Adoption of minimum standards. The city design criteria manual shall provide the city's technical
details for infrastructure improvements and shall be updated from time to time and adopted by
ordinance following a public hearing. The current design criteria for the city for infrastructure
improvements shall be complied with in each subdivision before final approval of a plat by the
commission. The current approved version shall be kept on file with the city secretary and the city
engineer. An electronic version shall be accessible on the city website.
Section XII. Tree preservation, mitigation, and maintenance.
Tree Preservation, Mitigation, and Maintenance regulations located in Appendix C, Zoning
Ordinance, Section 8. Supplementary district regulations, I. Landscaping and screening requirements.
Section XIII. Parks and recreation areas.
A. Purpose.
This section provides recreational areas in the form of city parks as a function of subdivision
development in the city. This section is enacted in accordance with the home rule powers of the
city under the state Constitution, and the statutes of the state, including, but not by way of
limitation, V.T.C.A., Local Government Code Chapter 212.
2. Park areas shall be recommended by Keep Friendswood Beautiful and shall be shown on an
official parks and recreation map for the city, which shall be adopted and may be modified from
Exhibit "A." Page 26
time to time by the city council. Proposed city parks and recreational areas will be established
by review with the developer and city staff at the earliest possible stage of development planning,
and a proposed subdivision or development shall be reviewed in its entirety and not by sections
or phases.
3. The primary cost of city parks should be bome ultimately by residential property owners who,
by reason of the proximity of their property to such parks, shall be the primary beneficiaries of
such facilities. New residents will increase the demands for parks proportionally, and new
growth should bear their share of the costs of those facilities. Therefore, the following
requirements are adopted to effect the purposes herein stated.
B. General requirements. Residentially zoned land, to be used for single-family, townhomes, garden
homes, mobile homes, and/or multifamily residential purposes.
l . Whenever a final plat is tiled of record with the county clerk for development of a residential
area in accordance with the platting and zoning regulations of the city, such plat shall contain a
clear fee simple dedication to the city of an area of land for park purposes, which area shall be
equal to one acre for each 133 proposed dwellings, based on the proposed subdivision or
development in its entirety and not by sections or phases. Any proposed plat submitted to the
city for approval shall show the parkland proposed to be dedicated under this subsection. The
dedication required by this section may be met by a payment of money in lieu of land when
permitted or required by the other provisions of this subsection. The dedication required by this
section should be in accordance with goals outlined within the city parks and open space master
plan, or be located at the site for an identified existing park.
2. The city council declares that development of an area smaller than five acres for the purpose of
a city park is impractical. Therefore, if fewer than 655 dwellings are proposed by a plat filed for
approval, the developer shall be required to pay the applicable cash in lieu of land amounts
provided by subsection D of this section, rather than to dedicate any land area. In most instances,
no plat showing a dedication to the city of less than five acres shall be approved; provided,
however, that the city may accept smaller parcels where such proposed dedication is in the best
interests of the city, such as when a smaller parcel is adjacent to an existing park or future park
site.
3. Developers should evaluate their proposed development and proposed dedication with city staff
to ensure that as soon in the development process as possible the land dedicated is usable for city
parks purposes.
4. A dedication required by this section stealI be made in accordance with subsection D.1. of this
section. If the actual number of completed dwelling units exceeds the figure upon which the
original dedication was based, an additional dedication shall be required, and shall be made by
payment of the cash in lieu of land amount provided by subsection D of this section.
C_ Timing of dedication or payment of fees in lieu of land.
1. Parkland shall be dedicated to the city at the time of filing of the final plat of the first phase and
section, if a phased development. The dedication shall be made contemporaneously by separate
instrument and must be accepted by the city council prior to the filing of the final plat. Lack of
acceptance of such dedication shall preclude the filing of the final plat and shall not relieve the
subdivider of complying with the requirements of this section. Where a dedication of parkland
for the entirety of a phased development is proposed, the parkland shall be shown on the plat, if
included within the first phase, and dedicated by separate instrument, or dedicated by separate
instrument if located outside of the first phase of development, at the time of filing the final plat
for the first section of such phased development.
Exhibit "A," Page 27
2. Payment of fees in lieu of land for single-family residential developments shall be done at the
time of filing of the final plat. Where payment of fees in lieu of land for parks for the entirety of
a phased development is planned, such payment may be made in full for all phases of the
proposed development at the time of filing of the plat for the first phase, or payment of fees in
lieu of land for each section of a phased development may be made at the time of filing of the
final plat for each phase or section, at the discretion of the developer.
3. Payment of fees in lieu of land for multi -family residential developments shall be done at the
time of site plan approval, prior to the issuance of building permits.
D. Fees in lieu of land.
Any landowner responsible for dedication under this section shall review their proposed
development with city staff, including Keep Friendswood Beautiful, on recommendation of staff,
prior to or simultaneously with making any formal application to the city, for the purpose of
evaluating compliance with this section. If no agreement is reached between the developer and
city staff, then within 14 days from receipt of a written request by the developer, city staff shall
submit the issue to Keep Friendswood Beautiful. If Keep Friendswood Beautiful can reach an
agreement with the developer, that recommendation shall be final, subject to the acceptance of
such dedication by city council as described in this subsection D. If Keep Friendswood Beautiful
cannot reach an agreement with the developer, the commission shall hear the issue at its next
meeting, and shall make the final decision. This decision is final unless there is a substantial
change in conditions. Generally, the landowner will have the option to dedicate land or pay fees
in lieu thereof. However, the city expressly reserves the right to require dedication of land rather
than accept fees in instances including, but not limited to, the proposed development is adjacent
to an existing city park or in areas in which additional parkland is desired.
2. As provided above, any landowner responsible for dedication under this section shall, when
permitted, meet the requirements of subsection C of this subsection or this subsection D in whole
or in part by a cash payment in lieu of land, in the amount set forth in this section. Such payment
in lieu of land shall be made at or prior to the time of final plat approval for city parks as described
in subsection C.1. of this section.
A per -dwelling unit fee shall be set by resolution and printed in from time to time by the city
council, incorporated in the fee schedule, Appendix D to this Code, in amounts sufficient to
acquire land and provide for adjacent streets and utilities for a park.
E. Parkland dedication fund.
1. There is hereby established a special fund for the deposit of all sums paid in lieu of land
dedication under this section or any preceding ordinance, which fund shall be known as the
"parkland dedication fund." Funds shall only be released from the parkland dedication fund upon
city council approval of a plan to utilize the funds to build or enhance an existing park or
purchase land for a future park.
2. The city shall account for all sums paid in lieu of land dedication under this section with
reference to the individual plats involved. Any funds paid for such purpose must be expended
by the city within ten years after the filing of the final plat, or the filing of the final plat of each
phase or section of the contributing subdivision, if a phased development. If not so expended,
the owners of the property beginning on the first day after the expiration of such ten-year period
shall be entitled to a pro rata refund of such sum, computed on a square footage of area basis.
The owners of such property must request such refund within one year of entitlement. Such
request must be made in writing to the city manager or his/her designee or such right shall be
barred.
Exhibit "A." Page 28
Where funds or a dedication for a phased development have been paid or made for the entire
development at one time, and the original developer does not complete all phases of the entire
development, credit for such prior dedication or payment shall be applied to subsequent plats for
the same land on a pro rasa basis. Increased density will require the dedication of additional
parkland or payment of additional fees.
F. Additional requirements.
] . Any land dedicated to the city under this section must be suitable for park and recreation uses.
The following characteristics of a proposed area are preferred wherever possible:
a. The city reserves the right to decline any dedication of proposed parkland if it is determined
to be in the best interests of the city.
b. Park sites should preferably be located so that users are not required to cross arterial
roadways to access them.
C. Sites should be located adjacent to schools, where possible, in order to encourage both
shared facilities and the potential co -development of new sites.
d. Sites should be located adjacent to a greenbelt system, where possible, so that connections
to a trail network may be easily achieved.
e. Sites should not have unusual topography which would render the land unusable for
organized recreational activities where these activities are necessary to the type of park.
f. Sites should have and retain existing trees or other scenic elements.
g. Land subject to an easement or a right-of-way shall comprise no more than 25 percent of
the total land dedicated under the provisions of this section. In addition, any land that is
subject to an easement or a right-of-way and which is dedicated under this section must be
contiguous with the other area dedicated to the city and must conform to all other
requirements of this section.
h. All offers of dedication must be accompanied by a phase one environmental study verifying
the absence of conditions which would inhibit or prohibit its future use and development
as park facilities.
2. Parks should be easy to access and be open to public view so as to benefit area development,
enhance the visual character of the city, protect public safety and minimize conflict with adjacent
land uses. The following guidelines should be used in designing parks and adjacent development:
a. Where physically feasible, parks should be bounded by streets, or by other public uses (e.g.,
school, library, recreation center).
b. A proposed subdivision adjacent to a park may not be designed to restrict reasonable access
to the park from other area subdivisions. Street or pedestrian connections to existing and
future adjoining subdivisions may be required to provide reasonable access to parks.
C. Where a nonresidential use directly abuts a park, the city may require the developer to
construct, at his expense, screening of a minimum height of eight feet. The screened area
must be landscaped on the park side. Access points from the nonresidential use to the park
may be permitted.
d. Alleys may abut a park, where otherwise allowed by ordinance, but they should not be
designed to encourage motorized traffic to the park.
e. Streets abutting a park shall be built in accordance with the thoroughfare plan and the
standards of this section, provided, however, the city may require any residential street built
Exhibit "A," Page 29
adjacent to a park to be constructed to collector width to ensure access and prevent traffic
congestion, subject to a proportionality review of the impacts generated by the subdivision,
provided, further, that the city may enter into a development agreement with the subdivider
to share the costs of street construction for abutting streets.
£ Wildlife, existing trees and shrubs on the site shall be preserved to the greatest extent
practicable.
g. A park shall not have impervious cover exceeding 20 percent of the open space area.
When parkland is acquired, the city shall reserve sufficient land to provide a minimum of 50
percent of the total street width where a street is required to abut a park.
4. In all cases, the city shall review and may require modification of the proposed street alignment
fronting on city parks and recreation areas. Developers should also provide, where possible,
street or pedestrian access to all creeks or drainageways which are maintained by a homeowner
association or dedicated as a drainage and floodway easement to the city or the applicable
drainage district.
Drainage areas may be accepted as part of a park if the drainage facilities are constructed in
accordance with city engineering standards, and if no significant area of the park is cut off from
access by such drainage facilities. Where the city has designated a floodplain as part of the city
park system, the park design shall provide public access for all areas of the park.
6. Any parkland proposal considered by the commission under this section shall have been
reviewed by the director of parks and recreation and his recommendation given to the
commission. The commission may make a decision contrary to such recommendation by a
simple majority vote.
G. Partial credit for land, private parkland, private recreation facilities, or open space. Keep
Friendswood Beautiful, upon an affirmative recommendation of the director of parks and recreation,
may reduce the amount of parkland to be deeded to the city or reduce the fees in lieu of parkland to
be paid to the city as provided below.
A reduction from the initial parkland dedication requirement may be made where parkland
within the same park area as the subdivision which generates the required conveyance is
dedicated for a private park. For purposes of this subsection, the private parkland dedication
shall meet the following minimum requirements:
a. The park area shall be leveled and seeded by the subdivider to produce green space. The
city will determine if the parkland can be left in its natural state;
b. The park area shall be located within the subdivision generating the parkland requirements;
and
C. Restrictive covenants shall be filed of record in the appropriate county providing for the
creation and operation of a homeowner association to maintain and improve such private
park area, or, in the case of such private park area within a multifamily development, such
as an apartment complex, provide for maintenance and improvement by the owners of the
multifamily development.
2. A reduction from the initial parkland dedication requirement may be made for recreational
improvements made to private parkland within the same park area as the subdivision which
generates the required conveyance. Such recreational improvements to parkland may include,
but are not limited to, the following: children's play apparatus, landscaped areas, picnic areas,
game court areas, playfields, swimming pools, and recreation center buildings and facilities. All
Exhibit "A." Page 30
improvements shall meet the same applicable regulations or codes as for like improvements on
public property.
3. A reduction from the initial parkland dedication requirement may be made for common open
space, whether public or private, within the subdivision which generates the required
conveyance. Such open space may be in the form of greenbelts along creek beds, or around the
perimeter of the subdivision, and may include improvements such as hike and bike trails. In no
case shall credit be given under this subsection for landscaped or seeded medians. A further
reduction may be given where the common open space is linked with undeveloped or developed
parkland or other recreational facilities.
4. In order to receive the credits under subsections G.1., 2., or 3. of this section, the subdivider shall
provide documentation to the director of parks and recreation at the time of final plat filing
sufficient to establish the validity of the estimated costs that will be used to determine the
reduction under this subsection. In the event that the developer proposes to construct the
improvements at a later date, as in a phased development, the city may require that the developer
obtain a surety bond, performance bond, or other form of guarantee that the recreational
amenities will be installed within four years from the date of filing of the final plat of the first
phase of the phased development. The director of parks and recreation shall evaluate the
documentation submitted and shall approve the value prior to any reduction being given under
this subsection. Credits are cumulative, but in no case shall credits given under this subsection
exceed 100 percent of the total dedication of land or fees required for city parks under this
appendix. In cases where the estimated costs of the improvements are disputed, the value shall
be as finally determined by the director of the parks and recreation. If no agreement is reached
between the developer and city staff, then within 14 days from receipt of written request by the
developer, city staff shall submit the issue to Keep Friendswood Beautiful. If Keep Friendswood
Beautiful can reach an agreement with the developer that recommendation shall be final. If Keep
Friendswood Beautiful cannot reach an agreement with the developer, the commission shall hear
the issue at their next meeting and shall make the final decision. This decision is final unless
there is a substantial change in conditions.
5. A credit may be given of up to 50 percent of the total dedication of land or fees required under
this appendix where the developer makes improvements to public parks, as described under
subsection G.2. of this section.
d. Credit for city parks may be based on previously installed amenities within a phased
development, where amenities and recreational improvement have been constructed in earlier
phases, where no parkland dedication was required, subsequent phases for which park dedication
is required, may count those previously installed amenities. Under no circumstances will double
credit be given for a previously installed amenity.
H. Minimum park improvement standards. Prior to acceptance by the city and prior to the filing of the
final subdivision plat, any parkland dedicated to the city, or developed as a private park for credit
against parkland dedication under this section, shall meet the following minimum standards:
1. The public park area shall be leveled and seeded (as deemed necessary by the city) by the
subdivider to produce green space prior to the completion of the first phase of the development
of the subdivision, if the development is being executed in phases. Existing trees and shrubs on
the site shall be preserved to the greatest extent practicable. The subdivider will be responsible
for the maintenance of the public park area for a minimum of one year after the completion of
the subdivision (or the completion of the final phase or section of the subdivision), at which time
the city will assume maintenance responsibilities in the park. The subdivider is also responsible
for notifying each homeowner in the subdivision of the existence of any private park area and
its conditions of ownership.
Exhibit "A," Page 31
2. Any improvements provided by the developer to parkland shall comply with applicable
regulations and codes set forth for such improvements.
Section XIV. Fees.
A. Platting fees. Subdivision plats submitted for approval shall be accompanied by payment to the city
according to the fee schedule as set forth in Appendix D of this Code.
B. Filing fees. The subdivider shall be responsible for providing the city a check payable to the county
in which the final plat is to be filed. The amount shall be determined by the county clerk's office of
the appropriate county and shall cover the full cost of filing the plat and any associated documents
required.
C. Construction plans and specifications review fees. The city reserves the right to assess fees based upon
the actual costs incurred by the city for multiple iterations of reviews of construction plans and
specifications as set by resolution and printed in Appendix D to this code.
D. Impact Fees. The City of Friendswood has elected to adopt Water and Wastewater Impact Fees to
assist in the financing of Capital Improvements for those systems that are necessitated for growth and
development anticipated within the city, as authorized by V.T.C.A., Local Government Code Chapter
395. The fees are reassessed every five years and are defined in Appendix D to this Code. Fees are
payable at the time of building permit issuance.
Section XV. Variances.
A. The commission may grant a variance to any of the provisions of appendix B, except for requirements
in the city's adopted engineering and construction standards, pursuant to the procedures set forth in
this section and upon a showing by clear and convincing evidence by the applicant that:
There are special circumstances or conditions affecting the property in question;
2. That enforcement of the provisions of this chapter would deprive the applicant of a substantial
property right; and
That such variance, if granted, would not be materially detrimental to the public welfare or
injurious to other property or property rights in the vicinity.
B. Each and every application for variance shall be decided solely and entirely on its own merits; neither
the lack of enforcement of any ordinance nor the disposition of any prior or pending application for
variance may be considered or allowed to affect any decision on the application in question. Pecuniary
interests standing alone shall not be justification for the granting of a variance.
C. The application fee and procedures for a public hearing and provision of notice shall be the same as
established by the city for a rezoning request.
D. The commission may, by affirmative vote of at least three -fourths of its members present and voting,
grant a variance to the regulations of appendix B if it finds, by clear and convincing evidence, that all
of the following criteria are met:
There are unique conditions peculiar to the subject parcel or tract that do not exist on adjacent
parcels or tracts;
2. Strict application of appendix B deprives the applicant of rights commonly enjoyed by other land
in area or land with similar uses;
The variance, if granted, does not frustrate the intent and purpose of appendix B and community,
neighborhood, and other applicable land use and development plans, and will not adversely
affect property or property values in the vicinity of the subject site;
Exhibit "A." Page 32
4. Conditions supporting the granting of the variance request are not self-created by disregard or
ignorance of federal, state, or local codes and/or ordinances; and
5. The variance is tailored as narrowly as possible while still granting the relief sought.
E. Factors that may not be considered to support the granting of a variance include, but are not limited,
to the following:
1. Personal and/or economic hardship;
2. Misrepresentation of property conditions, uses, or regulations by a seller or agent;
3. Errors made by a surveyor, contractor, or builder;
4. Increasing the profit, income, or competitive advantage of the applicant; and
S. Threats to locate or relocate outside of the city, or cancel or scale back a project, if a variance is
denied.
F. The applicant bears the burden of proof to demonstrate that the requirement(s) of appendix B from
which a variance is requested, if uniformly applied, imposes an undue hardship or disproportionate
burden on the applicant. The applicant shall submit statements, studies, and any other relevant
information.
G. The decision of the commission on a variance request maybe appealed within 14 days of said decision
by filing with the city:
l . The applicant's written appeal; or
2. A written request by two members of the city council to place consideration of the variance upon
the agenda of a city council meeting.
H. The city council shall decide the appeal at a meeting not later than 45 calendar days after the date on
which the appeal is submitted and may, by majority vote of those present and voting, affirm, modify,
or reverse the decision of the commission. Such decision of the city council shall be final.
Section XVI. Conflict with other ordinances.
All ordinances or parts of ordinances inconsistent herewith or in conflict with the provisions of this
appendix shall be and the same are hereby repealed.
Section XVII. Extraterritorial jurisdiction.
A. The provisions of this appendix are hereby extended in their application to include all of the area
within the extraterritorial jurisdiction of the city. The provisions of this appendix shall have the same
force and effect within said area of extraterritorial jurisdiction as within the corporate limits of the
city, except as provided in subsections B and C of this section.
B, No violation of any provision of this appendix outside the corporate limits of the city, but within such
city's area of extraterritorial jurisdiction, shall constitute a misdemeanor under this appendix, nor shall
any fine provided for in this appendix be applicable to a violation within such area of extraterritorial
jurisdiction.
C. In the event any provision of this appendix or revision to same is violated within the area of
extraterritorial jurisdiction of the city, the city may institute any appropriate action or proceedings in
the district court to enjoin the violation of such appendix.
Exhibit "A," Page 33