HomeMy WebLinkAboutOrdinance No. 2000-01 ORDINANCE NO. . '2 0 0 0-01
AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, SETTING
FORTH REGULATIONS FOR SUBDIVISION DEVELOPMENT,
OUTLINING PROCEDURES FOR SUBMISSION OF PLATS;
CONTAINING REQUIREMENTS AND MINIMUM DESIGN
STANDARDS; DESCRIBING REQUII2ED IMPROVEMENTS;
PROVIDING FOR THE DEDICATION OF PARKLAND AND RELATED
MATTERS; PROVIDING FOR THE CHARGING OF FEES BY THE
CITY FOR CERTAIN PROCEDURAL STEPS; PROVIDING A
SEVERABILITY CLAUSE, PROVIDING A PENALTY OF AN AMOUNT
NOT TO EXCEED $2000.00 FOR EACH DAY OF VIOLATION OF ANY
PROVISION HEREOF; AND REPEALING ORDINANCE NO. 85-19, AS
AMENDED, ORDINANCE NO. 99-15, AND ALL OTHER ORDINANCES
OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT
HEREWITH.
* * * * *
WHEREAS, there is a decided need for comprehensive and concise guidelines covering
the subdividing and development of property within the City of Friendswood and its
extraterritorial jurisdiction; and
WHEREAS, the City of Friendswood has reviewed its existing ordinances and determined
that due to legislative changes, changed circumstances in development practices, and the city's
desire to make its regulations as clear and concise as possible, a complete revision of the
subdivision ordinance and related regulations is in order; and
WHEREAS, undertaking a revision of subdivision regulations allows the City to
incorporate all related requirements into one document; and
WHEREAS, the following is a list of minimum subdivision plat requirements to be
completed prior to the submittal of any plat to the city planning and zoning Commission for
approval have been established. These are only minimum requirements, and additional
requirements may be imposed as determined by the city;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, STATE OF TEXAS: �
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Section 1. The Code of Ordinances of the City of Friendswood, Texas, is hereby
amended by striking all of Appendix B thereof, said Appendix B being the Subdivision
Ordinance of the City, which reads as follows:
[APPENDIX B-SUBDIVISIONS
ORDINANCE NO. 85-19
Section I. Definitions.
The following definitions shall apply in the interpretation and the enforcement of
this ordinance. The terms not defined herein shall be construed in accordance with
the ordinances of the city or their customary usage and meaning.
City: The City of Friendswood city council and/or its administrative
departments.
Lot: A physically undivided tract or parcel of land having frontage on a
public street or other approved facility 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.
Plat. A complete and exact subdivision plan submitted for preliminary or
final approval to the planning and zoning commission in conformity with the
provisions of this ordinance and which, if given final approval, will be submitted to
the county clerk of the county in which the land lies for recording. A replat or
resubdivision of land or lots which are part of a previously recorded subdivision
shall be considered a plat as defined herein.
Streets and alleys: A way for vehicular traffic.
(a) Major thoroughfares or arterial streets: 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.
(b) Collector streets: Streets which carry traffic from minor streets to
the major system of arterial streets and highways; said street may service
commercial or industrial areas.
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(c) Minor streets: Streets which are used primarily for access to the
abutting properties and which are intended to serve traffic within a limited area.
(d) Boulevard: A collector street utilizing two 22-foot, minimum width,
paved roadway sections divided by a 12-foot-wide lane with raised median, which
serves to separate traffic moving in opposite directions.
Subdivider and/or developer. The terms "subdivider" and "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: 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 plotting, is a subdivision. This definition also includes
the resubdivision and replatting 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.
Section II. Procedures for submission of plats.
(a) Preapplication procedure.
(1) Prior to the submission of the preliminary plat, the
subdivider shall confer with the planning and zoning commission and staff
on an informal basis to 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
governed by this ordinance.
(2) In order to secure review and approval of the planning and
zoning commission of a proposed subdivision, the prospective subdivider
shall, prior to the making of any street improvements or installations of
utilities, submit to the planning and zoning commission a preliminary plat
plan as provided in paragraph (c) below. On approval of said preliminary
plat plan, he may proceed with the preparation of the final plat and other
documents required in connection herewith specified and the improvements
as set forth in section III.
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(b) Preliminary plat plan.
(1) Following the preapplication conference, all persons
desiring to subdivide a tract of land within the corporate limits of the City
of Friendswood or within its extraterritorial jurisdiction shall first prepare
or cause to be prepared a preliminary plat which shall be filed with the
planning and zoning commission, together with other supplementary
information as specified below.
(2) The preliminary plat shall be at a minimum scale of 100 feet
to the inch and shall show the following:
a. Title of plat shall show:
1. Proposed name of subdivision (check for
duplication).
2. Legal description of location of subdivision.
3. Total acreage and total number of lots and
blocks.
4. Name of owner (and address unless given in
letter of transmittal). If owner is a company or corporation,
name of responsible individual such as president or vice-
president must be given.
5. The name of the registered professional
engineer or registered public surveyor responsible for the
survey and design. If different from the surveyor of the
boundary, so indicate.
6. Graphic scale, e.g., one inch equals 100 feet.
7. North point (true or magnetic), north to be
top of map if possible, or at left side.
8. Date. (Each revision to bear new date.)
b. A location sketch, preferably in upper right corner of
the map, to show relation of subdivision to well-known streets and
watercourses in all directions to a distance of at least one mile.
c. Boundaries of ownership with bearings and overall
dimensions.
1. Area to be subdivided drawn in heavy lines
with overall dimensions and bearings.
2. Lines outside of boundaries to be dashed.
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3. An accurate location of the subdivision in
reference to real estate records of Galveston/Harris County,
showing a tie to a well-established point for plats inside the
city limits or to a survey corner if outside city limits.
d. Contours with intervals of one-half foot, referred to
sea level (U.S. Coast and Geodetic Survey Data) as required to
show at least two contours within the subdivision in addition to
those necessary to clearly show outfall drainage. Identify basis of
control and temporary benchmark set within the subdivision.
e. The names of adjacent subdivisions or the names of
recorded owners of adjoining parcels of land which is subdivided
land, and zoning of adjacent land.
f. The location, widths, and names of all existing
permanent buildings, streets, railroad rights-of-way, easements and
other important features such as section lines, political subdivision
or corporation lines and school district boundaries, on all sides for a
distance of not less than 200 feet.
g. Existing sewers, water mains, culverts, pipelines or
other underground structures, and other public utilities within the
tract and immediately adjacent thereto with pipe sizes, grades and
locations indicated.
h. All parcels of land intended to be dedicated for
public use or reserved in deeds for the use of all property owners in
the proposed subdivision, together with the purpose of conditions
or limitations of such reservation, if any.
i. The proposed plan of the subdivision, showing
streets, blocks, lots, alleys, easements, building lines, parks and
other improvements, with principal dimensions. The preliminary
plat shall cover all of the tract intended to be developed at any time,
even though it is intended by the developer or developers to file
plats and install improvements for parts of said tract by sections or
units.
(3) Submittal.
a. Nine prints of the plat and plans shall be submitted
to the city manager or his representative, for the planning and
zoning commission by 5:00 p.m., at least ten days prior to a
meeting of the planning and zoning commission, without exception.
b. Prints shall be accompanied by the completed form,
in triplicate, entitled "Application for Preliminary Approval of
Subdivision Plat." (These forms may be obtained from the office of
the planning and zoning secretary upon request.)
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c. The owner shall, along with the preliminary plat,
submit a certificate or letter from a title guaranty company or a title
attorney indicating a current search and certifying to at least the
following concerning the title to the land: a statement of records
examined and date of examination; description of the property in
question, including a metes and bounds description of the tract;
name of the fee owner as of the date of examination, and the date,
file number, date of filing, and volume and page of any lienholders;
and general description of any easement or fee strips granted along
with the file number, date of filing, and volume and page of
recording.
d. The draft of any protective covenants whereby the
subdivider proposes to regulate the use of land in the subdivision
shall be submitted; provided, however, that such restrictive
covenants, conditions or limitations shall never be less than the
minimum requirements of the city under the terms of these
regulations.
e. Certification stating that all current city, county,
school, utility or other governmental entity taxes due and payable
have been paid or a tax certificate from the city, county, school,
utility or other governmental entity in which the land being platted
is located showing no delinquent taxes are due on the property
being platted.
(4) Decision of planning and zoning commission. On receipt of
the preliminary plat and other information, the planning and zoning
commission shall render a decision thereon within 21 days. Such decision
may consist of approval, disapproval, or conditional approval. Conditional
approval shall be granted only in those instances where the conditions) to
be satisfied rests upon or is the responsibility of planning and zoning.
(5) Preliminary approval will expire six months after the
approval by the planning and zoning commission of the preliminary plat or
of final sections of a preliminary general plan, except that if the subdivider
shall apply in writing prior to the end of such six-month period, stating
reasons for needing the extension[, an e�ension may be granted] for
another six months but not beyond a total of one year.
(c) Final plat (subdivision plat).
(1) No final plat shall be considered unless a preliminary plat
has been submitted and approved (unless alternate method of plat
submission is used).
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(2) After the foregoing procedure has been complied with and
preliminary plat approved or conditionally approved by the planning and
zoning commission, the subdivider shall prepare or cause to be prepared a
final plat, or plats, together with other supplementary information as
specified herein. The final plat shall conform substantially to the
preliminary plat as approved.
(3) 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
II(c)(4) and (5) hereof; provided, however, that such approval or
conditional approval of the remainder of the preliminary plat be limited to a
two-year period; provided further, however, that the planning and zoning
commission may, at its discretion, extend such period of validity.
(4) The final plat (subdivision plat) shall be drawn on tracing
linen in India ink(or to be a photographic reproduction on lines [sic] which
are of equal or greater durability) and shall be no larger than 24 inches by
36 inches. This original tracing, and five copies, is [are] to be filed by the
city secretary in the office of the county clerk of Galveston/Harris County,
Texas, as a permanent record. Final plat must be approved by the planning
and zoning commission prior to being filed by the city secretary. A sepia of
recorded plat is to be furnished to the City of Friendswood for their
records. This plat shall be a minimum scale of one inch equals 100 feet and
shall show the following:
a. Title of the plat should show:
1. Name of subdivision.
2. Legal description and identification of the
subdivision including the names of the surveys, with abstract
numbers, in which it is situated, which description shall be
sufficient for the requirements of title examination. The plat
shall be a descriptive diagram drawn to scale and shall
[show] by reference that the subdivision is a particular
portion or part of a previously filed plat or recognized grant
or partition. This diagram and description shall show as
being included in the subdivision, at least all of the smallest
unit of the last filed subdivision, plat or grant out of which
the instant subdivision is divided, or so much thereof as is
owned by the subdivider.
3. Total acreage and total number of lots and
blocks.
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� �_._. .
4. Name of owner (and address unless given in
letter of transmittal). If owner is a company or corporation,
name of responsible individual such as president or vice-
president shall be given.
5. The name of the registered professional
engineer or registered public surveyor responsible for the
plat,
6. Scale one inch equals 100 feet minimum
(show graphic scale).
7. North point (true or magnetic), north to be
at top of sheet if possible, or at left side.
8. Date. (Each revision to bear new date.)
b. A location sketch to show relation of subdivision to
well-known streets, railroads and watercourses in all directions to a
distance of at least one mile, preferably drawn in upper right-hand
corner of sheet,
c. The boundaries of subdivision,
1. Ownership in very heavy lines, with overall
dimensions and bearing.
2. Lines outside of boundaries to be dashed.
3. Provide a tie to a well-established point for
plats inside city or to a survey corner if outside of city.
d. Name and adjacent location of subdivision, streets,
easements, pipelines, watercourses, railroad rights-of-way,
easements, and other important features such as section lines,
political subdivision or corporation lines and school district
boundaries, on all sides for a distance of not less than 200 feet; if
acreage, show as such.
e. Show all streets and alleys with street names, width
measured at right angles or radially (where curved), complete curve
data (RLPC, PRC, and PT), length and bearing all tangents
between curves.
f. All lot, block and street boundary lines, with blocks
and lots numbered consecutively. Building lines and easements
shall be shown and shall be defined by dimension. All principal
lines shall have the bearing given. The plat must provide a note that
all existing pipelines or pipeline easements though the subdivision
have been shown or that there are no existing pipeline easements
within the limits of the subdivision.
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� . .
g. Accurate dimensions, both linear and angular, of all
items on the plat; the boundary survey on the side shall close within
one in 10,000. Linear dimensions shall be expressed in feet and
decimals of a foot; angular dimensions may be shown by bearings.
Curved boundaries shall be fully described and all essential
information given; circular curves shall be defined by actual length
of radii and by degree of curve. Complete dimensional data shall be
given on fractional lots.
h. The description and location of all lot and block
corners and permanent survey reference monuments shall be shown.
i. Designate any sites of schools, churches, parks,
sewage disposal plants, water plants, business, industry, or other
special land uses. If proposed use is unknown, designate as
unrestricted. Tracts for nonresidential use should be numbered as
blocks and lots.
j. Watercourses and ravines, as determined by actual
ground survey, showing high banks and width of e�sting or
proposed easements.
k. A certificate of ownership in fee of all land embraced
in the subdivision, and of the authenticity of the plat and dedication,
signed and acknowledged by all owners of any interest of said land.
The acknowledgment shall be [of such] form as required in the
conveyance of real estate. Approval and acceptance of all
lienholders shall be included.
1. A certificate by a registered public surveyor, duly
authenticated, that the plat is true and correct and in accordance
with the determination of surveys actually made on the ground. If
the surveyor who prepared the plat did not make the original
boundary survey, this fact should be noted in the certificate. Also,
the certificate should show whether or not the tract is within one
mile of the city limits of the City of Friendswood, Texas, measured
in a straight line from the nearest points on the city limits, unless the
information is shown in suitable manner elsewhere on the face of
the plat.
m. The final plat, as approved by the planning and
zoning commission, to be filed by the city secretary for record with
the county clerk of Galveston/Harris County, Texas, shall not show
the construction features such as curblines or utility lines or other
structures not involved in the title covenant.
(5) Submittal of final plat.
a. Nine prints of final plat and original tracing shall be
submitted to the city manager and planning and zoning commission
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with written application for approval at least ten days prior to a
meeting of the planning and zoning commission without exception.
b. Upon request and immediately prior to filing of the
final plat, the letter or title certificate required in section II(b)(3)(c)
shall be brought up to current date by a supplementary report from
the title guaranty company or title attorney.
c. A copy of the final restrictive covenants to govern
the nature of the use of the property shall be submitted to the
planning and zoning commission. The planning and zoning
commission shall, in the public interest, require that said restrictive
covenants be filed simultaneously with the plat.
(6) Upon the filing of the final plat and supplementary material,
the planning and zoning commission shall render a decision within 30 days
of receipt thereof. Said decision may consist of approval or disapproval.
(7) Final approval will expire one year after planning
commission action granting approval of any plat unless the plat has been
filed for record, except that if the subdivider shall apply in writing prior to
the end of such one year period stating reasons for needing the extensions,
this period may, at the discretion of the city, be extended for another year
but not beyond that period.
(d) Alternate method of plat submission.
(1) An abbreviated procedure for plat submission may be used
if the proposed subdivision satisfies the following requirements:
a. The proposed subdivision is for development
containing five lots or less.
b. All lots in the proposed subdivision front on a
previously dedicated street of adequate width and are so situated
that no additional street, alley, easement or public property is
required to meet the regulations of this ordinance or any other
ordinance of this city.
c. All utilities and drainage facilities, as required by this
ordinance or any other ordinance of this city, are in place to serve
each lot in the proposed subdivision and require no alterations or, if
alterations are required, satisfactory arrangements have been made
to effect such necessary alterations.
d. The proposed subdivision abuts a subdivision of
record.
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(2) If a proposed subdivision satisfies the requirements of
paragraph (1) next above, the subdivider may seek final plat approval
without necessity of submitting a preliminary plat. Such final plat shall
contain the following:
a. Proposed name of the subdivision;
b. Proof that the subdivision satisfies all requirements
set forth in paragraph(1) ne� above;
c. An accurate description of such subdivision by
metes and bounds and the location of same with respect to an
original corner of the original survey of which it is a part, giving the
dimensions thereof of said subdivision; and
d. Proof that lots within such subdivision do not violate
minimum square footage requirements of the city.
(3) Schedule of fees. Subdivision plats submitted to the
planning and zoning commission for approval under the alternate method
provided for herein shall be accompanied by a check payable to the City of
Friendswood according to the fee schedule as set out in resolution [in
appendix D of this Code of Ordinances].
(4) Time and manner of approval. Upon the filing of a plat
under the alternate method of subdivision approval as provided in this
subsection, the planning and zoning commission shall render a decision
within 30 days of receipt thereof. Said decision may consist of approval,
disapproval or conditional approval as may be deemed appropriate by such
commission for alterations of utility or drainage facilities under paragraph
(1) of this subsection.
(5) Final approval will expire one year after planning
commission action granting approval of such plat unless the plat has been
filed of record; 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, at the discretion of the planning and zoning commission,
be extended for another year but not beyond that period.
(e) Submission of replats required.
(1) Subsequent to final approval of a plat or replat by the
planning and zoning commission, no lot shall be conveyed, developed, divided,
subdivided, or used in any manner other than as shown on said plat. Any such
conveyance, development, division, subdivision, or use of said lots in any manner
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other than as set out on said plat shall first be submitted to and approved by the
planning and zoning commission as in the case of any other plat or replat.
(2) Schedule of fees. Subdivision plats submitted to the
planning and zoning commission for approval of a replat provided for herein shall
be accompanied by a check payable to the City of Friendswood according to the
fee schedule as provided by resolution [in appendix D of this Code of Ordinances].
(fl Plat approval required. It shall be unlawful for any person to
subdivide any tract, lot, or parcel of land within the City of Friendswood or its
extraterritorial jurisdiction unless and until a preliminary and final plat of such
subdivision has been approved in accordance with the terms of this ordinance.
Unless and until a preliminary and final plat, plan, or replat of a subdivision shall
have been first approved in the manner provided herein by the planning and zoning
commission, 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 pernutted herein; and it shall be unlawful for any official of the city to
issue any pernut for such improvements, or any aspect thereof, or to serve or
connect said land, or any part thereof, with any public utility which may be owned,
controlled, or distributed by the city.
Section III. General requirements and minimum design standards.
(a) Streets and alleys.
(1) General. The street pattern of a neighborhood should
provide adequate circulation within the subdivision and yet discourage
excessive through traffic on the local streets. This may be accomplished by
providing adequate major thoroughfares spaced at approximately one-mile
intervals to provide reasonable access to all points in the neighborhood.
(2) Street classification, location and alignment shall be finally
determined by the planning commission.
(3) Streets.
a. The arrangement, character, e�ent, width, grade
and location of all streets shall conform to the general plan for the
city and shall be considered in their relation to e�sting and planned
streets, to topographical conditions, to public convenience and
safety, and in their appropriate relation to the proposed use of the
land to be served the [by] such streets.
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b. Where such is not shown in the general plan for the
city, the arrangement of the streets in a subdivision shall either:
1. Provide for the continuation or appropriate
projection of e�sting principal streets in surrounding areas;
or
2 . Conform to a plan for the neighborhood
approved or adopted by the city to meet a particular
situation where topographical or other conditions make �
continuance or conformance to existing streets impractical.
c. Curves in major streets are to have a centerline
radius of 2,000 feet or more with exceptions to this standard
granted only by the planning and zoning commission.
d. Where a subdivision abuts or contains an existing or
proposed arterial street, the planning 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.
e. Reverse strips controlling access to streets shall be
prohibited except where their control is definitely placed in the city
under conditions approved by the city council.
f. Street jogs with centerline offset of less than 125
feet shall be avoided.
g. A tangent at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets.
h. Streets shall be laid out so as to intersect as nearly as
possible to right angles, variation of ten degrees on major or
secondary (collector) streets subject to approval of the planning and
zoning commission.
i. Property lines at street intersections shall be rounded
with a radius of 20 feet, or of a greater radius where the planning
and zoning commission may deem it necessary.
j Street right-of-way widths shall be as shown in the
general plan for the City of Friendswood, 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 60 feet
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Commercial streets 80 feet
Boulevards 80 feet
Private (garden home district)50 feet
Typical sections-Exhibit A. [Exhibit A is on file and available for
public inspection in the of�ices of the city.]
k. 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 planning and zoning 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 plotted
within such subdivision, in accordance with section II of these
regulations. Inside the city limits, the partial street may be
dedicated with a one-foot reserve in fee along the property line.
Outside the city limits, the following note shall be used on such
partial streets:
"This one-foot strip is dedicated as an easement for all utility
purposes including storm and sanitary sewer and shall automatically
become dedicated for street purposes when and insofar as a one
foot strip."
Provisional one-foot reserve to be used along the side or end of streets that
abut acreage tracts, as follows:
"One foot reserve dedicated to the public in fee as a buffer separation
between the side of streets in subdivision plats where such streets abut
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 revest in the
dedicator, his heirs, assigns or successors)."
l. Dead-end streets.
1. Cul-de-sac (dead-end street with turnaround)
shall not be longer than 600 feet and shall be provided at the
closed end with a turnaround having an outside roadway
diameter of at least 80 feet; except [when] other than curb
and gutter development is used, the street property line
diameter shall be at least 120 feet. Notwithstanding the
foregoing, in cases where proposed subdivisions are
surrounded by existing development which precludes
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compliance with block length standards, the. planning
commission may approve the creation of dead end cul-de-
sac streets which exceed 600 feet in 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 dead
end cul-de-sac streets of 600 feet or less. In considering
any such application, the planning commission shall consider
measures which would assure (1) adequate water pressure
for potable water needs and fire fighting capabilities, (2) the
ability of the city to timely provide emergency services, and
(3) that traffic hazards and traffic congestion is not created
due to density or number of lots. In achieving these
measures, the planning commission may require the use of
medians, larger lot dimensions, or other alternative solutions
deemed appropriate by the commission as may be necessary
to satisfy the intent of this paragraph. Each application for
an extended dead end cul-de-sac street shall be considered
on an individual case-by-case basis, and depending on the
particular circumstances surrounding the property in
question.
2. 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."
m. Street grades. A minimum acceptable grade of 0.25
percent shall be provided. Street grades shall be approved by the
planning and zoning commission after approval of thE city engineer.
n. Trees and shrubs cannot be planted in the street
right-of-way, except that on residential streets where the distance
between the curb and the sidewalk is a minimum of seven feet, trees
may be planted provided the lower limbs are trimmed to a height of
seven feet.
(b) Blocks.
(1) 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.
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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.
a. Minimum block length shall be not less than 300
feet.
b. Maximum block length for residential, 1,200 feet,
measured along the center of the block.
c. Maximum block length along a major thoroughfare,
1,600 feet, except under special conditions and upon approval of
the city.
(3) Pedestrian walkways across blocks, not less than ten feet in
width, may be required where deemed essential to provide circulation, or
access to schools, playgrounds, shopping centers. transportation, and other
community facilities.
(c)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.
a. Depth and width of properties reserved or laid out
for church, club or other semi-public use or for business or
industrial purposes shall be adequate to provide for the off-street
service and parking facilities required by the type of use and
development contemplated.
(3) Corner lots for residential use shall have extra width to
permit required building setback from an orientation to both streets. When
such lots side upon a major thoroughfare or collector street, a note to this
effect shall be properly entered on plat to be recorded.
Subdivision Ordinance
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Page 16
(4) The subdividing of the land shall be such as to provide, by
means of a public street, each lot with satisfactory access to an e�sting
public street. Provided, however, subdivisions for garden homes in zoning
district MFR-GHD (the garden home residential district) may provide for
access to lots by means of private streets provided such private streets
otherwise comply with 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 lots lines shall be substantially at right angles or radial
to street lines.
(d) Building setback lines. Building setback lines shall conform to the
latest zoning ordinance.
(e) Public use and service areas.
(1) 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, alongside of lot lines if necessary, or if
advisable in the same or greater widths may be required along the lines of
or across lots, where necessary for the e�ctension of e�cisting 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.
(2) 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. Parallel streets
or parkways may be required in connection therewith. Location and width
of drainage easements shall be determined by the planning and zoning
commission, and shall be in conformity with the city's master drainage plan.
(3) Platting of public streets or easements across private
easement fee strips.
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Page 17
a. A copy of the instrument establishing any private
easement shall be submitted with the preliminary plat.
b. 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. Where no agreement can be
reached, then pipelines shall be accurately located and tied to lot
lines, and building setback lines shall be shown at a distance of 40
feet from and parallel to the centerline of the pipeline.
c. Prior to approval of the final plat, the developer or
dedicator 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 e�sting 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.
d. Prior to filing of 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
with 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 normally using the
type of public streets and easements indicated. This
instrument shall be delivered with the plat.
2. The developer shall furnish the planning and
zoning commission with 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.
3. Community assets. In all subdivisions, due
regard shall be shown for all natural features such as large
trees, watercourses, historical spots, and similar community
Subdivision Ordinance
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Page 18
assets which, if preserved, will add attractiveness and value
to the property.
4. Requirements for park land dedication. (City
attorney is preparing wording.)
(fl Compliance with density requirements for type of
development. 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.
(g) Parkland dedication.
(1) Purpose.
A. This section provides recreational areas in
the form of neighborhood and community 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 Texas Constitution, and the statutes of
the State of Texas, including, but not by way of limitation,
Texas Local Government Code chapter 212.
B. Park areas shall be recommended by the
parks and recreation board and shall be shown on an official
parks and recreation map for the city, which shall be
adopted by the city council, and which shall be prima facie
proof that any neighborhood park located therein is within a
convenient distance from any residence located within that
park area. Proposed parks and recreational areas win 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.
C. The primary cost of neighborhood parks and
community parks should be borne 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. Neighborhood parks are those parks
providing for a variety of outdoor recreational
opportunities, including but not limited to playgrounds, hike
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Page 19
and bike trails, practice backstops, multipurpose courts,
picnic shelters, and which are located within convenient
distances from a majority of the residences to be served
thereby. Community parks are those parks that provide for
large scale activities such as tournaments or league play and
other activities and that are located and designed to serve
several neighborhoods. New residents will increase the
demands for such facilities 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.
D. City council hereby finds and declares that,
in accordance with city parks and open space master plan,
neighborhood parks are for the use of people in the
neighborhood being served. They are not to be used for
city-wide activities such as organized area league sports
play. From time to time special needs may arise that make it
necessary or desirable to use a neighborhood park for
broader purposes than intended. City-wide events are
generally prohibited at neighborhood parks unless approval
is granted by the city council upon an affirmative
recommendation from the parks and recreation board.
(2) General requirements-Residentially zoned land, to be used-
for single-family, town homes, garden homes, and/or multi-family
residential purposes.
A. Whenever a final plat is filed of record with the
county clerk of Galveston County or Harris County 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 must be located within the
same neighborhood area as shown on the city parks and open space
master plan, or be located at the site for an identified community
park.
Subdivision Ordinance
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Page 20
B. The city council declares that development of an
area smaller than five acres for the purpose of neighborhood or
community parks 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 5 hereof, 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.
C. Developers should evaluate their proposed
development and proposed dedication with city staff to assure that
as soon in the development process as possible the land dedicated is
usable for neighborhood or community parks purposes.
D. A dedication required by this section shall be made
in accordance with subsection 4A, below. 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 5 hereof
(3) Timing of dedication or payment of fees in lieu of land.
A. 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.
B. Payment of fees in lieu of land shall be done at the
time of filing of the final plat. Where payment of fees in lieu of land
for the entirety of a phased development is planned, such payment
Subdivision Ordinance
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Page 21
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.
(4) Fees in lieu of land.
A. Any land owner responsible for dedication under this
section shall review their proposed development with city staff,
including the planning and zoning commission and parks and
recreation board 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 the parks and recreation board. If
the parks and recreation board 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
subsection 4. If the parks and recreation board cannot reach an
agreement with the developer, the planning and zoning
commissions 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. 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, for example, in situations where the
proposed development includes land identified for a future park, or
where the proposed development is adjacent to an existing park.
B. As provided above, any land owner responsible for
dedication under this section may elect to meet the requirements of
subsections 3 or 4 hereof in whole or in part by a cash payment in
lieu of land, in the amount set forth in subsection D hereof. Such
payment in lieu of land shall be made at or prior to the time of final
plat approval as described in subsection 4B of this section.
C. The city may from time to time decide to purchase
land for parks in or near the area of actual or potential development
or for community parks to serve such actual or potential
development. If the city does purchase park land in a park area,
subsequent park land dedications for that area may be in cash or by
dedication of land, provided the dedicated parcel is adjacent to or
part of an existing or future park site. If fees in lieu of land are
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Page 22
paid, such fees shall be calculated to reimburse the city's actual cost
of acquisition and development of such land for parks. The cash
amount shall be equal to the sum of the average price per acre of
such land, and the actual cost of adjacent streets and on-site
utilities, or an estimate of such costs provided by the city engineer.-
Once the city has been reimbursed entirely for all such park land
within a park area, this subsection C shall cease to apply and the
other paragraphs of this subsection 5 shall again be applicable.
D. A per-acre price sha11 be set from time to time by the
city council, in amounts sufficient to acquire land and provide for
adjacent streets and utilities for a neighborhood or community park
to serve the park. area in which such development is located. Cash
payments may be used only for acquisition or improvement of a
neighborhood park located within the same neighborhood park area
as the development, or for acquisition or improvement of a
community park located within the same community park area as
the development. However, it is hereby provided that all fees may
be applied to any type of park site if all needs for the other type of
park facility have been met.
(5) Parks plan and comprehensive plan considerations. Land
shown in the adopted parks and open space master plan, comprehensive
plan, or other section, as being suitable for development by the city for a
major recreational center, park, school site, or other public use, shall be
reserved for a period of two years after the preliminary plat is approved by
the city if within two months after such approval the city council advises
the subdivider of its desire to acquire the land or of the interest of another
governmental unit to acquire the land, for purchase by the interested
governmental authority at the appraised value at the time of purchase. The
city will notify the appropriate governmental entity of the lands availability,
if the city is not the purchasing entity. A failure to so notify the subdivider
shall constitute a waiver of the right to reserve the land. Any waiver of the
right to reserve the land shall no longer be effective if the preliminary plat
shall expire without adoption of a final plat.
(6) Park land dedication fund.
A. 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 "park
land dedication fund." Funds shall only be released from the park
land dedication fund upon city council approval of a plan to utilize
the funds to build or enhance a park within the park area from
which the funds originated.
Subdivision Ordinance
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Page 23
B. 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 seven 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 all the funds cannot be
committed within the initial seven year time period, the director of
community services may request a time extension for a period not
to exceed an additional seven years for the expenditure of the funds
from the planning and zoning commission. The extension
request(s) shall be submitted in writing to the director of
community development 60 days prior to the expiration period for
the funds to be committed by the city, and shall include a detailed
justification for the extension request(s). If not so expended, the
owners of the property on the first day of such seven 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 designee or such
right shall be barred.
C. Where funds or a dedication for a phased
development have been 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-rata
basis. Increased density will require the dedication of additional
parkland or payment of additional fees.
(7) Additional requirements.
A. 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:
1. 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.
2. Neighborhood park sites should be located in
a manner that serves the greatest number of users in the
relevant neighborhood area.
Subdivision Ordinance
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Page 24
3. Neighborhood park and community park
sites should preferably be located so that users are not
required to cross arterial roadways to access them.
4. Sites should be located adjacent to schools,
where possible, in order to encourage both shared facilities
and the potential co-development of new sites.
5. Sites should be located adjacent to a
greenbelt system, where possible, so that connections to a
trail network may be easily achieved.
6. 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.
7. Sites should have and retain existing trees or
other scenic elements.
8. 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 with all other requirements of this section.
9. 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.
B. 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:
1. Where physically feasible, parks should be bounded
by streets, or by other public uses (e.g. school, library, recreation
center).
2. 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.
3. Where a non-residential use directly abuts a park,
the city may require the developer to construct, at his expense, a
screening of a minimum height of eight feet. The screened area
Subdivision Ordinance
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Page 25
must, be landscaped on the park side. Access points from the non-
residential use to the park may be permitted.
4. Alleys may abut a park, where otherwise allowed by
ordinance, but they should not be designed to encourage motorized
traffic to the park.
5. Streets abutting a park shall be built in accordance
with the thoroughfare plan and the standards of this section;
however, the city may require any residential street built 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 subdivisions). Provided further, that the
city may enter into a development agreement with the subdivider to
share the costs of street construction for abutting streets.
6. Wildlife, e�sting trees and shrubs on the site shall be
preserved to the greatest e�ent practicable.
C. When park land 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
D. 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 drainage ways
which are maintained by a homeowner association or dedicated as a
drainage and floodway easement to the city or the applicable
drainage district.
E. 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.
F. Any park land proposal considered by the planning
and zoning commission under this subsection shall have been
reviewed by the director of community services and his
recommendation given to the commission. The commission may
make a decision contrary to such recommendation by a simple
majority vote.
(8) Partial credit for private park land, private recreation
facilities, or open space. The planning and zoning commission, upon an
affirmative recommendation of the director of community services, shall
reduce the amount of park land to be deeded to the city or reduce the fees
in lieu of park land to be paid to the city as provided below.
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Page 26
A. A reduction from the initial park land dedication
requirement may be made where park land 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 park land dedication shall meet the following minimum
requirements:
1. The park area will be leveled and seeded as
by the subdivider to produce green space. The city will
determine if the park land can be left in its natural state;
2. The park area will be located within the
subdivision generating the park land requirements; and
3. 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 multi-family development, such as
an apartment complex, provide for maintenance and
improvement by the owners of the multi-family
development.
B. A reduction from the initial park land dedication
requirement may be made for recreational improvements made to
private park land within the same park area as the subdivision which
generates the required conveyance. Such recreational
improvements to park land may include, but are not limited to, the
following: children's play apparatus, landscaped areas, picnic areas,
game court areas, play fields, swimming pools, and recreation
center buildings and facilities. All improvements shall meet the
same applicable regulations or codes as for like improvements on
public property.
C. A reduction from the initial park land 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 park land or
other recreational facilities.
D. In order to receive the credits under subsection A,
B, or C, above, the subdivider shall provide documentation to the
director of community services 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. The director
Subdivision Ordinance
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Page 27
of community services 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 50 percent of the total
dedication of land or fees required under this ordinance. In cases
where the estimated costs of the improvements are disputed, the
value shall be as finally determined by the director of the
community services. 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 the
parks and recreation board. If the parks and recreation board can
reach an agreement with the developer that recommendation shall
be final. If the parks and recreation board cannot reach an
agreement with the developer, the planning and zoning commission
shall hear the issue at their ne� meeting, and shall make the final
decision. This decision is final unless there is a substantial change
in conditions.
E A credit may be given of up to 100 percent of the
total dedication of land or fees required under this ordinance where
the developer makes improvements to public parks, as described
under subsection B, above.
(9) Minimum park improvement standards. Prior to acceptance
by the city and prior to the filing of the final subdivision plat, any park land
dedicated to the city, or developed as a private park for credit against park
land dedication under this section, shall meet the following minimum
standards:
A. The public park area will 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.
E�sting 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.
B. Any improvements provided by the developer to
park land shall comply with applicable regulations and codes set
forth for such improvements.
Subdivision Ordinance
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Page 28
(h) General.
A. Where the commission finds that e�raordinary
hardships or practical difficulties may result from strict compliance
with these regulations or the purposes of these regulations may be
served to a greater e�ent by an alternative proposal, it may
approve modifications of conditions to these subdivision regulations
so that substantial justice may be done and the public interest
secured. Such a finding by the commission shall not have the effect
of nullifying the intent and purpose of these regulations; the
granting of the modification of conditions will not be detrimental to
the public safety, health, or welfare or injurious to other property;
the relief sought will not in any manner vary the provisions of any
other city ordinance or regulation, the plan for the city, or the
official zoning map of the city, except that those documents may be
amended in the manner prescribed by law; and further provided that
the commission shall not approve a modification unless it shall
make findings based upon the evidence presented in each specific
case that:
1. The conditions upon which the request is
based are unique to the property for which the relief is
sought and are not applicable generally to other property;
2. Because of the particular physical
surroundings, shape, or topographical conditions of the
specific property involved, a particular hardship to the
owner would result, as distinguished from a mere
inconvenience, if the strict letter of these regulations is
carried out; or
3. The subdivider has demonstrated an
alternative method of development that will improve the
aesthetic value of the subdivision while giving equal
emphasis to safety, economy, tax yield, maintenance cost,
response time, drainage, vehicular access, or pedestrian
passage.
4. In no case shall the commission grant any
modifications which would have the effect of decreasing
minimum lot size or dimensions.
5. Any modification granted by the commission
shall be based upon the specifics of the particular
application and request before them and shall have no
precedent setting effect to other applications or
development proposals.
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Page 29
B. Conditions. In approving a modification, the
commission may require such conditions as will, in its judgment,
secure substantially the purposes described in subsection A.
C. Procedure.
1. A request for a modification pursuant to this
section shall be submitted in writing by the subdivider with
the filing of a subdivision application. The request shall
state fully the grounds for the modification request and all
of the facts relied upon by the subdivider. No modification
may be considered or granted by the commission unless the
subdivider has made written request for such modification at
the time of the subdivision application submittal, or an
amended subdivision application submittal.
2. All applicable fees must be paid at the time
of submission of a request for modification, including fees
required for plat review, and the fee for subdivision
ordinance modification, at the amounts established by the
city council. No request for a modification will be
considered complete until all fees have been paid to the city.
3. Notice of any requested modifications shall
be given, in writing, to each city council member and to
each owner of real property, as indicated by the most
recently approved city tax roll, which lies within 200 feet
from the location of the modification. If the modification
applies to only one platted lot, this will be 200 feet from the
lot lines as shown on the plat. Such notice shall be given
not less than ten days prior to the date of the commission
meeting at which the request is to be heard.
4. Any modifications to the regulations must be
shown on the plat to be coded as a note.
5. A modification must receive an affirmative
vote of two-thirds of all members of the commission in
order to be granted.
6. Following an affirmative vote granting any
modification, the chairman of the commission shall forward
a memorandum to the city council advising them of the
requested modification and the commission's action.
Section IV. Required improvements.
(a) General.
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Page 30
(1) When a preliminary plat of a subdivision has been
approved, the developer shall submit to the planning and zoning
commission plans and specifications for all improvements pertinent
to said subdivision. The planning and zoning commission shall,
within 30 days of receipt of said plans and specifications, approve
same if they conform to the requirements of these regulations, or
disapprove same giving its reasons therefor in writing to the
subdivider. Thereafter, when the subdivider has met the objections,
if any, the planning and zoning commission shall approve the plans
and specifications and forthwith deliver same to the subdivider, his
agent or his engineer. Any plans and specifications submitted in
connection with a preliminary plat which may have been
conditionally approved in section III(C) [11(c)] are subject to the
final determination of the conditions of such approval.
(2) Before beginning any construction of the
improvements outlined in this section on proposed roadways or
public utilities pertaining to any subdivision coming under the
provisions of these regulations, three complete sets of plans,
specifications and contracts including performance, payment and
maintenance bonds covering said construction, in the form of plats,
sketches or other satisfactory written descriptions, shall be filed
with the city. These shall show such features as roadways, cross
sections, and longitudinal slope for drainage, full description of
proposed paving on street improvement, its grade and slope
dimensions and specifications concerning public utilities to be
installed showing proposed position on the ground, specifications
of materials and construction, and profile maps of all sanitary
sewers and storm sewers showing both ground surface and flow
line, and any other pertinent information of similar nature.
(3) Improvements shall be installed within all of the area
of any subdivision or portion thereof given final approval and filed
or to be filed of record.
(4) All improvements shall be designated and
constructed in conformity with the provisions of these regulations
and no construction shall be commenced until these regulations are
complied with. It shall be the duty of the subdivider or his engineer
to see that this provision is complied with in its entirety.
(5) The subdivider, owner, and the design engineer
responsible for the design improvements do hereby agree upon
acceptance of the preliminary plat by the City of Friendswood that
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Page 31
the city engineer or his authorized representative has 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 or his authorized
representative finds the improvements not to be in conformance
with the plans and specifications of the proposed improvements and
the City of Friendswood subdivision ordinance, the city engineer or
his representative 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 City of
Friendswood subdivision ordinance.
(6) Upon acceptance of the construction drawings as approved
by the City engineer, these drawings and specifications shall become the
minimum standards acceptable for final acceptance of the subdivision. If
these drawings and specifications are less strict than the city code minimum
standards, then the city code will govern in this deficient specification; all
other specifications being the same as had previously been approved by the
city engineer.
(7) The subdivider, owner, or his engineer must furnish two
complete sets of as-built drawings of the street, drainage and utilities in the
subdivision before final acceptance. The owner and the contractor must
furnish to the city secretary, upon final acceptance of the subdivision by the
City of Friendswood, a maintenance bond for the duration of one year from
the date on final acceptance of the subdivision. The bond shall be for 100
percent of the present worth of the installed utilities.
(b) Minimum standards. The following minimum standards for improvements
shall be agreed to and complied with in each subdivision before final plat by the
planning commission:
(1) Monuments.
a. Three-quarter-inch round steel reinforcing bars two feet
long shall be set at all street intersections (block corners), angle
points and point of curve on all street lines and on the outside
boundaries of the subdivision, including easements and right-of-way
boundaries.
b. Lot markers. Lot markers shall be one-half-inch reinforcing
bar 24 inches lone, or approved equal, which shall be placed at all
lot corners, flush with the ground.
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(2) Storm drainage. All storm drainage shall conform to the
requirements of the city flood hazard prevention ordinance as
implemented by and subject to the approval of the city engineer.
All storm drainage shall also conform to the requirements of section
V herein. For subdivision development other than residential,
curbs, and gutters shall be the standard. For residential
subdivisions, a concrete slab type street with open ditch drainage is
permissible within the subdivision, as long as no lot has a front
footage of less than 120 feed.
a. Storm hydrology.
l. Rainfall intensity shall be deternuned as provided in
section V herein.
2. Sewers shall be designed to carry discharges as
provided in section V herein; provided, however, in
no event shall a sewer have a design of less than
three feet per second.
3. Manhole spacing and location:
i. At all sewer intersections.
ii. At a ma�mum of 600 feet on straight lines.
iii. If monolithic concrete sewer lines are used, a
manhole is not required where leads from
gutter inlets intersect the main sewer.
iv. A drop down manhole shall be provided to
assure that the invert of storm sewer outfalls
are not more than one foot above the normal
flow level of the drainage artery into which
they empty and that the slope of the outfall
does not exceed 0.001.
4. Types of construction:
i. Reinforced precast concrete pipe (ATSM C-
76) shall be used as specified by the
manufacturer as to depth of fill, etc.
ii. Monolithic, reinforced concrete sewers may
be used to all storm sewers.
5. Design of sewers and manholes shall follow
acceptable engineering practice.
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b. Streets with curb and gutter section.
1. Curb and gutter:
i. Combined and gutters shall be constructed
on each side of each street within the
boundaries of each subdivision.
ii. For residential development, curb and
gutters shall be the Friendswood standard.
2. Grades:
i. Minimum gradient on gutters shall be .025
percent.
ii. Minimum drop around curb return shall be
0.15 foot.
iii. Maximum drop of grade tangents from
opposite directions to a common inlet shall
be 1.50 feet.
iv. When a curb and gutter section intersects the
drainage ditch, the grade of the gutter shall
be above the design water surface of the
ditch.
3. Inlets spaced to serve runoffs from the design
discharge calculations:
i. Storm drainage inlets shall be located and
designed so as to limit the depth of water at
the face of the curb to top of curb on a five-
year frequency storm.
ii. Inlets at all low points on gutter gradient.
iii. Inlet size and allowable design discharge:
Minimum lead size to be 15 inches. Inlets to
be as shown on attached entitled "Drainage
Standards." [Drainage standards are on file
and available for public inspection in the
offices of the city.]
4. Leads from inlets to be of such size to be able to
carry the design discharge of the inlets served.
5. Valley gutters not permitted.
c. Road section with open ditches.
1. Minimum road grade of 0.20 percent.
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2. Ditch section to handle design discharge as derived by the
requirements of the design discharge calculations.
3. Side slopes of ditch not steeper than 3:1.
4. Culverts:
i. Designated to carry ditch discharge and not less than
1.75 square foot drainage opening (18-inch diameter pipe).
ii. All driveways to have culverts; no paved dips for
driveways.
iii. Culverts may be omitted upon approval of city
engineer,
d. Outfalls from sewers and ditches into natural drainageways shall
enter at the grade of the natural drainage channel. If necessary, drop type outfall
structures shall be used to prevent erosion.
(3) Street pavement. All paving is to conform to the latest
specifications and typical sections for "Street Paving," e�ibit A, as
adopted by the city. [Exhibit A is on file and available for public inspection
in the offices of the city.] For residential development, six-inch reinforced
concrete or its equivalent shall be the standard.
a. Concrete pavement. All gravel concrete is to be six-
inch uniform thickness, having a five-sack mixture and a minimum
of reinforcing as follows: one-half-inch steel reinforcing bars on 18-
inch centers each way, and curbs are to be constructed monolithic
with the pavement. Minimum width, back to back of curb, to be
not less than 28 feet, for undivided roadways. Minimum width,
back to back of curb, to be not less than 24 feet for divided
roadway. In development where no curbs are to be used, the outer
12 inches of the pavement will have an additional amount of steel
consisting of three half-inch bars, spaced three inches O.C.
longitudinally. Minimum width of pavement will be 24 feet. The
subdivider will be required to furnish a competent engineer and
inspector or a combination engineer-inspector on the project
continually as the work is in progress. He will establish grade
stakes and line stakes on offsets of approximately four to six feet on
each side of pavement at tangents and 25 feet on all vertical and
horizontal curves to which the pavement is to be laid, set radius
points, and will be required to continually check subgrade, form
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lines and grades while the pavement is being laid in order to attain
both a true line, a uniform thickness, and smooth riding surface.
No concrete shall be laid at any time unless both the
engineer or engineer-inspector and the laboratory inspector are
present while the pavement is being placed. Expansion joints with
standard load transmission device, or equal, are to be placed a
maximum of 60 feet. All joints are to be poured with a catalytically
blown asphalt filler as quickly as possible after the concrete has
been laid. All concrete pavement is to be laboratory controlled by a
recognized laboratory. Two cylinders shall be made for each 1,000
square yards of pavement, or part thereof, for each day's pour. The
cylinders shall be tested at seven and at 28 days with a minimum
compressive strength of 3,000 psi at 28 days.
Concrete cores. Within 14 days of the pour, one core shall
be taken for each 1,000 linear feet of pavement, except that no less
than one core shall be taken for each 2,500 square yards of
pavement. Each core shall be checked for thickness and
compressive strength. At this point, the depth and percent of lime
will also be determined. Complete reports shall be furnished on all
tests, a copy of which shall be submitted to the City of Friendswood
engineer. All pavement failing to meet the required standards shall
be replaced.
b. [Subgrade.] Subgrade for concrete pavement shall
be a minimum of six inches thick with five percent lime (dry weight)
and mixed by a roto mixer designed for this purpose. The second
mix shall begin no sooner than two days nor later than seven days
and shall be compacted to a density of 95 percent Standard Proctor
at optimum moisture.
c. Flexible base pavement for transition only.
1. Fle�ble base with two inches of hot-mixed,
hot-laid, asphaltic concrete on one of the following bases:
i. Seven inches of compacted cement
stabilized pug mill shell using 1.5 sacks of Portland
cement per ton.
ii. Seven inches of compacted cement
stabilized sand using 1.5 sacks Portland cement per
ton.
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2. Six inches of subgrade shall be treated with five
percent lime as in [subsection] (3)(b) above.
3. Shoulder widths shall be a minimum of six feet on
each side, with side and back sloped not steeper than 3:1 from edge
of shoulder to bottom of roadway ditch.
4. Ditch sections and grades will meet requirements
established under drainage.
5. Shall have a minimum width of 24 feet.
(4) Sidewalks. Sidewalks may be required when in the judgment of the
planning and zoning commission the safety of the pedestrians requires such
sidewalks. When sidewalks are required, they shall have a width of not less than
four feet, a thickness of not less than four inches, of five-sack concrete, and shall
be constructed with a minimum reinforcement of six-inch by six-inch#6 wire mesh,
and shall be placed a minimum distance of one foot from the property line within
the street right-of-way and shall extend along all street frontage.
(5) Street markers. Two street markers of a design approved by the
city council shall be erected at all street intersections of each subdivision.
(6) Wastewater lines.
a. All subdivisions coming under the provisions of these
regulations and reasonably accessible to a public sanitary sewer shall
provide each lot within said subdivision with access to such sanitary sewer.
The design and material of such sanitary sewer shall be in accordance with
the city's sanitary sewer plan. The minimum size of mains shall be eight
inches and have a minimum grade of 0.25 percent.
b. All subdivisions provided with sanitary sewer shall have
four-inch rise pipes stubbed to the surface of the ground so that they are
visible. Road crossings are to be specified on the plans and are to have a
pipe no smaller than six inches in diameter tapped into the main sewer line
and continuing under the road and ending no less than six feet behind the
curb. The backfill for the road crossing is to be 11/2-sack cement,
stabilized sand, and is to encase the subject utility and be carried to the
bottom of the lime stabilized subgrade.
(7) Water lines.
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a. Where an approved public water supply is reasonably
accessible or procurable, each lot within the subdivision area shall be
provided with access to such water supply. The layout of the system shall
be designed to form a loop. No main shall be smaller than six inches,
except [that] the cul-de-sacs with lengths no greater than 300 feet may be
served by water lines of three-inch diameter. Such three-inch lines must be
equipped with three-inch flush valve at the e�reme end.
b. In residential areas, fire hydrants shall be located at 500-foot
intervals, except that, upon agreement of the city utility superintendent and
the fire marshal, the distance may be increased slightly in individual cases to p
allow placement at street intersections. In mercantile and multifamily
areas, hydrants shall be located at 300-foot intervals. Distances referred to
in this section are to be measured along the curbline.
Section V. Storm hydrology.
(a) Rainfall intensity. Rainfall intensity/duration-frequency
curves have been developed for three-, 25-, 50- and 100-year frequency
storms from date contained in attached figure l. [Figure 1 is on file and
available for public inspection in the offices of the city.] These curves, as
presented in figure 1, have been determined for durations of ten minutes to
24 hours. The intensity, "I" in the rational formula, shall be determined
from the time of concentration and design storm frequency.
(1) Time of concentration. The time of concentration
shall be calculated for all inlets and pipe junctions in a proposed
storm sewer system or other points of analysis. The time of
concentration shall consist of inlet time and time of flow in the
sewer, plus a ten-minute initial concentration time.
For drainage areas of one acre or less, the time of concentration
need not be calculated and a storm duration of ten minutes may be used as
the basis of design.
(2) Storm frequency. Storm frequencies for the storm
drainage improvements in the City of Friendswood are as follows:
DESIGN STORM FREQUENCY
Type of Facility Design Frequency
(years)
Roadside ditches and roadside culverts 5
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Page 38
Storm sewers 5
Culverts, bridges, channels, basins and creeks 25
Section VI. Conflict with other ordinances.
All ordinances or parts of ordinances inconsistent herewith or in
conflict with the provisions of this ordinance shall be and the same are
hereby repealed.
Section VII. Extraterritorial jurisdiction.
(a) The provisions of this ordinance are hereby extended in
their application to include all of the area within the extraterritorial
jurisdiction of the City of Friendswood, Texas. The provisions of this
ordinance shall have the same force and effect within said area of
extraterritorial jurisdiction as within the corporate limits of the City of
Friendswood, Texas, except as provided in subsections (b) and (c) of this
ordinance [section].
(b) No violation of any provision of this ordinance outside the
corporate limits of the city, but within such city's area of extraterritorial
jurisdiction, shall constitute a misdemeanor under this ordinance, nor shall
any fine provided for in this ordinance be applicable to a violation within
such area of extraterritorial jurisdiction.
(c) In the event any provision of this ordinance or revision to
same is violated within the area of extraterritorial jurisdiction of the City of
Friendswood, Texas, and outside its corporate limits, the city may institute
any appropriate action or proceedings in the district court to enjoin the
violation of such ordinance.
Section VIII. Severability clause.
If any section, subsection, sentence, clause, phrase or word of this
ordinance is for any reason held to be unconstitutional or invalid, such
decision shall not affect the remaining portions of this ordinance.
Section IX. Penalty clause.
Any person who shall violate any provision of this ordinance shall
be deemed guilty of a misdemeanor, and upon conviction shall be fined in
an amount not to exceed $1,000.00. Each day of violation shall constitute a
separate offense.]
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Section 2. The Code of Ordinance of the City of Friendswood, Texas, is herebv
amended by adopting a new Appendix B, the Subdivision Ordinance of the City, which
reads as follows:
Section I. General.
a. Purpose:
The purpose of this section is to establish the procedures and requirements for
the submittal,review,consideration and action bv the Commission to provide
the necessary details and orderlv processing of the subdivision of land within
the City Of Friendswood and its extraterritorial jurisdiction.
b. Plat approval required.
It shall be unlawful for any person to subdivide any tract, lot, or parcel of
land within the City of Friendswood or its extraterritorial jurisdiction unless
and until a preliminary and final plat of such subdivision has been approved
in accordance with the terms of this ordinance.Unless and until a preliminarv
and final plat, amending plat or replat of a subdivision shall have been first
approved in the manner provided herein by the Commission, 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 ar�v lot,
tract, or parcel of land within such subdivision except as specificall
permitted herein.
No building,plumbing,electrical or mechanical permit shall be issued by the
city for the construction or repair of an structure on a lot or tract in a
subdivision for which a final plat has not been approved b the commission
and filed for record. No building,plumbing,electrical,or mechanical permit
shall be issued by the city for the construction or repair of anv structure on a
lot or tract in a subdivision in which the permanent public improvements
have not been approved and accepted bv the city.
c. Authoritv:
The city shall not repair, maintain, install or provide anv street or public
utility service, nor authorize the sale or supplv of water or sewer service, in
any subdivision for which a final plat has not been approved by the
commission and filed for record. The city shall not repair,maintain, install,
or provide any street or public utilitv service,nor authorize the sale or supplv
of water or sewage service,in any subdivision in which the permanent public
improvements have not been approved and accepted by the city.
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d Exemptions. The provisions of these subdivision regulations shall not apply
to:
1. Land legally platted and approved prior to the effective date of these
subdivision regulations with frontage on an approved public street,
except as otherwise provided herein ( construction of facilities shall
conform to the current Design Criteria in effect at the time of
construction) or;
2. Land constituting a single,contiguous tract or tracts with frontage on
an approved public street,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
Jan l, 1970.
3. Sales of tracts of land by metes and bounds or tract on which no
improvements or alterations dividing the original tract is occurring.
4. Divisions of land created by order of a court of competent
jurisdiction.
5. Subdivision development that is exempt by state law.
6. Existing tracts with approved public infrastructure and the use
doesn't change or expand.
7. Existing developed tracts of land with existin� buildin� or other
private improvements, where substantial improvements or
modifications are proposed that will have no additional impact on the
adequacy of existing public infrastructure. The existing developed
tracts shall have frontage on a public or private street and the public
infrastructure shall be readily available and accessible and include:
(a) Public waterlines that provide sufficient domestic
water and fire protection for the proposed and existing
improvements.
(b) Public sanitary sewer collection system of sufficient
size to accommodate the effluent from proposed and existing
improvements.
(c) Public and/or private streets, with existing minimum
required right-of-way,able to accommodate traffic generated
by the proposed and existin�improvements.
(d) Public storm sewers or drainageways of sufficient size
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Page 41
.�. ,�....
to accommodate storm runoff generated from proposed and
existing improvements.
If platting is not required, the City shall issue a certificate of exemption
prior to issuing a building permit ar site plan approval.
e. The followin� definitions shall apply in the interpretation and the
enforcement of this ordinance. The terms not defined herein shall be
construed in accordance with the ordinances of the citv or their customary
usage and meaning in municipal planning and engineering practices.
1 Access or Accessway: 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.
2 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.
3. City: The City of Friendswood, Texas, a municipal corporation
located within Galveston and Harris Counties, Texas.
4. Council: The duly elected governing bodv of the Citv of
Friendswood, Texas.
5. Commission: The Planning and Zoning Commission of the City of
Friendswood, Texas.
6. Comprehensive Plan:The general plan adopted b the ci council for
the growth and development of the city and its environs, including
any and all elements of such plan,addressing such topics as land use,
streets and thorou�hfares, utilities, drainage, parks, community
facilities and schools, as well as other related topics or plans.
7. Conceptual Plan: A plan showin�all of the proposed improvements;
including but not limited to, streets, lots, drainage wa s, etc..
8. Cul-de-Sac: Dead end street with turnaround.
9. Filed Final Plat-Date of the Commission meeting that the plat is set
for action.
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10. Final Plat: A complete and exact subdivision plan prepared in
conformity with the provisions of this chapter 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.
11. Frontage: That side of a lot abutting an accessway where the lot is
assigned an address.
12. Lot: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.
13 Preliminary Plat: A map or drawing of a proposed subdivision
�repared in accordance with the provisions of this ordinance and
which illustrates the features of the development for the purpose of
review and preliminary approval by the commission.
14. Private Streets - a right of way or accessway, meeting all
requirements of public streets, except owned and maintained by
private interests.
15 Public Streets: A public right-of- way, dedicated for public use,
which provides vehicular access to adjacent land. Included within
this definition are following general classification of streets:
(a) Major thoroughfares or arterial streets: 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.
(b) Collector streets: Streets which carry traffic from minor
streets to the major system of arterial streets and highwa s;
said street may service commercial or industrial areas.
(c) Minor streets: Streets which are used primaril for access to
the abutting properties and which are intended to serve traffic
within a limited area.
(d) Boulevard:A collector street utilizing two 22-foot,minimum
width,paved roadway sections divided bv a 12-foot-wide lane
with raised median,which serves to sepazate traffic movin�in
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Page 43
opposite directions.
16. Subdivider and/or developer: The terms "subdivider" and
"developer" are synonyrnous and are used interchangeably, and
shall include any person, partnershlp, 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.
17. Subdivision or subdivide: 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 lottin�, is a subdivision. This definition also includes the
resubdivision and replatting 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.
18. Title Certificate: A certificate prepared and executed bv a title
company authorized to do business in the State of Texas or an
attorney licensed in the State of Texas certifying the true owner or
owners of the property and describing all encumbrances of record
which affect the properiy. Such certificate shall include all prope
included within the platted area, and such certificate shall not have
been executed more than forty-five(45)davs prior to the submission
of same to the commission.
f. Effective Date and Applicability: All subdivision applications filed for
preliminary plat approval on or after the effective date of this ordinance shall
be subject to these regulations. A subdivision application filed or which has
received preliminary approval prior to the effective date of this ordinance,
shall be subject to the subdivision re�ulations in effect at the time of filing
the application for preliminarv plat approval.
Section II. Procedures for Submission of Plats.
a. Staff Conference and Conceptual Plan procedure.This is an informal process
to allow an exchange of information between the developer, staff and the
Commission. No approvals shall be issued for Conceptual plans. The
Conceptual Plan for a project shall not be binding to the developer or the
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Commission. This procedure shall contain the following steps:
1. Staff Conference. Prior to the submission of the preliminary plat,the
subdivider shall confer with the Community Development
Department staff on an informal basis to receive comments 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
governed by this ordinance.
2. Conceptual Plan. Prior to submitting a preliminary p1at,a subdivider
may submit a conceptual l�an of the entire development for review�
the Commission. Notwithstanding an in in this paragraph to the
contrary, a subdivider may submit a preliminary l�at or plats along
with a conceptual plan of a proposed development.
Only major or significant changes � the developer in the conceptual l�an
shall require resubmission of such plan to the commission. Minor changes
may be reviewed � staff who may determine that changes are more than
minor and resubmit proposed changes to the commission.
3. The conceptual plan shall contain the following information:
� The proposed name of the development.
� The total acreage included in the entire development.
� The scale of the l�an should be indicated.
� The boundaries of the total acrea�e of the subdivision and the
boundaries of the proposed land uses within the subdivision
should be indicated.
� The plan shall indicate the total number of lots and the ical
lot sizes.
� The p1an shall indicate proposed streets, direction of
manmade and natural drainage flows, location of schools,
parks, detention onds and other ublic or rivate facilities.
b. Preliminary piat•
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1. Following the staff conference and the submittal of the conceptual
plan, all ersons desirin� to subdivide a tract of land within the
corporate limits of the C� of Friendswood or within its
extraterritorial jurisdiction shall rp epare or cause to be re ared a
preliminary l�at which shall be ke�t on file with the Commission,
together with other supplementary information as specified below.
2. The preliminary l�at submittal shall contain the information and/or
language required hereunder:
� Title of plat shall show:
� Proposed name of subdivision.
� Le�al description of subdivision including the name
of the county and surveying abstract number.
� Total acreage and total number of lots, blocks and
reserves. Lots within each block shall be numbered
consecutively. Blocks shall also be numbered
consecutively.
� Name and address of owner.If owner is a company or
corporation,name of the principal officer or owner of
the enti responsible for the subdivision must be
.given•
� The name of the registered professional engineer
and/or registered ublic surveyor responsible for the
survey and design• If different from the surveyor of
the boundary, so indicate.
� The scale must be drawn numerically and graphically
shown on the plat• The minimum scale acceptable for
a l�at shall be one inch equals 100 feet 1" _ 100' .
Larger scales are permissible rovided the scale
chosen is divisible�ten 10 and the area within two
hundred 200 feet of the subdivision is shown on the
pl t — ——
� A north arrow true or magnetic indicated on the lat
shall be rovided on the plat• North shall be oriented
to the to�of the l�at if ossible or at left side.
� The date on which the plat was drawn shall be
indicated on the plat• Each revision shall bear a new
date.
� A vicini map, preferably in the upper right corner of the
plat, to show relation of subdivision to well-known streets,
olitical subdivisions and watercourses in all directions to a
Subdivision Ordinance
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Page 46
distance of at least one mile. The suggested scale of the
, vicini map is one inch equals two thousand feet 1"=2000'
and shall be oriented in the same direction as the detailed
subdivision drawing•
� Boundaries of ownership with bearings and overall
dimensions.
� Area to be subdivided drawn in he� lines with
overall dimensions and bearings.
� Lines outside of boundaries to be dashed.
� An accurate location of the subdivision should be
provided�reference to a well-established survey or
league corner, subdivision corner, or other known
point•
� 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. Identi basis of
control and temporary benchmark set within the subdivision.
� The areas outside the l�at boundaries shall be identified with
the names and recording information of adjacent subdivisions
or owners of record of adjoining ap rcels of land.
� The location,widths, and names of all exi•sting and proposed
up blic and np �vate streets or ublic rights-of-way within or
adjacent to the subdivision shall be indicated. All railroad
rights-of-way, pipelines, easements and other permanent
features such as section lines, boundaries of olp itical
subdivisions, on all sides for a distance of not less than 200
feet shall also be indicated.
� Existing sewers, water mains, culverts, pipelines or other
underground structures, and other up blic utilities and
buildings within the tract or within two hundred 200 feet
shall be identified with pipe sizes, ades and locations
indicated.
� The location and approximate width or dimension of exi•stin�
and proposed lakes,watercourses, storm detention areas, and
drainage easements within the subdivision or within two
hundred 200 feet thereof shall be indicated.
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Page 47
� All parcels of land intended to be dedicated for up blic use or
reserved for the use of all rp operty owners in the proposed
subdivision, together with the conditions or limitations of
each reservation, if� shall be identified. Those reserves
not intended for residential shall be labeled as restricted
reserves and shall require additional action�the commission
prior to development as a residential lot.
� A preliminary draina e plan with calculations shall be
provided. Floodplain information shall also be rop vided with
the 100-year floodplain shown on the preliminary plat•
� A preliminary utili plan with calculations shall be provided.
3. Submittal.
� Prints of the l�at and plans shall be submitted to the
Community Development Department, for the Commission
�5:00 P•m•,at least eight working days prior to a meeting of
the Commission, without exception. Refer to the Plat
Submission Application for the number of rints required.
� Prints shall be accompanied � the completed form, in
triplicate, entitled "Application for Preliminary Approval of
Subdivision Plat." These forms may be obtained from the
Community Development Department upon re uest.
� The owner shall, along with the preliminary p1at, submit a
certificate or letter from a title aran company or a title
attorney indicating a current search and certi in to at least
the following concerning the title to the land: a statement of
records examined and date of examination;description of the
rp operty 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�lienholders; and eg neral description
of � easement or fee strips anted along with the file
number, date of filing, and volume and pa�e of recording.
� The draft of a�protective covenants whereby the subdivider
proposes to re ulate the use of land in the subdivision shall be
submitted;provided,however,that such restrictive covenants,
conditions or limitations shall not be less than the minimum
requirements of the ci under the terms of these regulations.
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Page 48
� Certification stating that all current city, coun school,
utili or other governmental enti taxes due and payable
have been paid or a tax certificate from the ci county,
school,utili or other governmental enti in which the land
being lp atted is located showing no delinquent taxes are due
on the ro e being lap tted•
4. Decision of the Commission. On receipt � staff of an application
containing all of the information described above,staff shall schedule
the application for action�the Commission on their next available
agenda•Beginning with date the preliminary l�at appeaxs on a op sted
agenda, the Commission shall render a decision thereon within 30
days, providing the item is not withdrawn prior to Commission
review an action. Such decision may consist of approval,disapproval,
or conditional approval. Conditional approval may be granted only in
those instances where the condition(s) to be satisfied are within the
authori of the Commission.
5. Preliminary approval will ex ire six months after the approval�the
Commission of the preliminary l�at or of final sections of a
preliminary p1at, except that if the subdivider shall apply in writing
prior to the end of such six-month ep riod,stating reasons therefor,an
extension may be granted � the Commission, upon a showing of
good cause, for a single extension of six months.
6. The subdivider may, at his discretion, after approval or conditional
approval of a preliminary plat, file a final l�at or plats covering a
op rtion of the preliminary piat•The remainder of the preliminary l�at
shall be deemed as approved ar conditionally approved as in section
II c 4 and � hereof; provided, however, that such a roval or
conditional approval of the remainder of the preliminary l�at be
limited to a two-� ep riod after approval of the ertinent final l�at
or plats�the Commission. Prior to the end of such two� ep riod,
the subdivider may apply, in writing, for a one year extension of the
preliminary l�at stating the reasons for the extension. The
Commission may, upon a showing of good cause, grant a single
extension of u�to one year•
c. Final plat•
l. No final l�at shall be considered unless a preliminary Qlat has been
submitted and approved unless the alternate method of l�at
submission is used and a set of final construction plans has been
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Page 49
approved � the C� Engineer for the up blic infrastructure
improvements.
2. After the foregoing procedure has been complied with and the
preliminary l�at approved or conditionally approved�Commission,
the subdivider shall rp epare or cause to be rp epared a final plat, or
lp ats, together with other supplementary information as specified
herein. The final l�at shall conform substantially to the preliminary
l�at as approved and incorporate all the provisions relating to
preliminary plats in subsection(b)(2) of section II of this ordinance,
except subparagraphs d�j�and k.. This l�at shall also reflect�
conditions or requirements for final approval imposed � the
commission, together with the following additional requirements:
� All easements necessary for utility service shall be shown on
the final l�at and the applicant shall rp ovide certification on
the l�at that all utili companies have been contacted and the
easements shown on the l�at constitute all of the easements
requested�the utility companies.
� Show all streets and alleys with street names,width measured
at right angles or radially where curved complete curve data
radius PC,and PT len and bearing all tan ents between
curves.
� The l�at must rovide a note that all existing pipelines or
i eline easements though the subdivision have been shown
or that there are no existing ip peline easements within the
limits of the subdivision.
� Accurate dimensions,both linear and angular,of all items on
the plat; the boundary survey on the side shall close within
one in 10,000. Linear dimensions shall be expressed in feet
and decimals of a foot;angular dimensions may be shown�
bearings. Curved boundaries shall be fully described and all
essential info�nation ig•ven; circular curves shall be defined
� actual len h of radii and � degree of curve. Complete
dimensional data shall be 'ven on fractional lots.
� The description and location of all lot and block corners and
permanent survey reference monuments shall be shown.
� Desi�nate � sites of schools, churches, parks, sewage
disposal lp ants, water lp ants, business, industry, or other
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Page 50
special land uses. If proposed use is unknown, designate as
unrestricted. Tracts for nonresidential use should be
numbered as blocks and lots.
� Watercourses and ravines, as determined � actual ound
survey,showing high banks and width of existing or proposed
easements.
� All dedication statements and certificates must be made a�
of the final l�at drawing and must include,but not be limited
t�the statements, the eg neral form and content of which are
provided as examples available in the Community
Development Department. These dedication statements and
certificates and various notations include the following:
� Owner's Acknowledgment
� Execution of Owner's Acknowledgment
� Lienholder's Acknowledgment and Subordination
Statement
� No�Public Acknowled�ment for All Signatures
� Certificate for Engineer and Surveyor
� Certificate for Commission
� Coun Clerk Filin�Acknowledgment Statement
� Encumbrances Certificate
� Vacation of Subdivision Plat
10 Certificate of Amending Plat
11 C�Engineer's Certificate
� A certificate � a registered up blic surveyor, duly
authenticated, that the l�at is true and correct and in
accordance with the determination of surveys actually made
on the ground• If the surveyor who rp epared the l�at did not
make the original boundary survey,this fact should be noted
in the certificate.
� The final plat, as approved�the Commission,to be filed�
the ci secretary for record with the coun clerk of
Galveston/Harris County' Texas, shall not show the
construction features such as curblines or utili lines or other
structures not involved in the title covenant.
� The l�at shall rovide a note that the finish floor elevations of
all structures shall be located above the base flood elevation
(established � FEMA as prescribed in the Flood Damage
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Page 51
Prevention Ordinance of the C�of Friendswood, Texas.
� The legal entity responsible for the maintenance of �
improvements including but not limited to building,
recreational area, open space, equipment, pool, or private
driveway which are to be owned and shared�the owners of
real rp operty in the proposed subdivision shall be designated
�appropriate articles of incorporation,contracts,restrictions,
or other method. The means of securin payment for
maintenance and operating expenses and � method of
terminating such obligation shall be stated in the creatin�
documents. In the event such entity is responsible for the
maintenance of driveways, emergency access easements,
recreational areas,or open spaces the following note shall be
indicated on the face of the plat: "The City of Friendswood
shall not be responsible for maintenance of driveways,
emergency access easements, recreational areas, and open
spaces; and the entit which shall be responsible for such
maintenance of driveways, emergency access easements,
recreational areas and open s ap ces•„
3. Submittal of final plat•
� Prints of final l�at and the two ori 'nal mylars shall be
submitted to the Gommission with written application for
approval at least eight working days prior to a meeting of the
Commission without exception. Refer to the Plat Submission
Application for the number of prints required.
� Prior to filing of the final plat, the letter or title certificate
required in section II b 3 c shall be brought u�to current
date � a supplementary report from the title aran
company or title attorney; dated not more than 45 days from
the date submitted to the C�
� A copy of the final restrictive covenants to og vern the nature
of the use of the ro e shall be submitted to the
Commission and may be sent to the C�Attorney for review
and approval prior to filing of the final plat•The Commission
shall, in the up blic interest, require that said restrictive
covenants be filed simultaneously with the plat•
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Page 52
4. Decision of the Commission. On receipt � stafF of an application
containing all of the information described above,staff shall schedule
the application for action�the Commission on their next available
agenda• Beginning with the meeting date for initial approval of the
final plat, the Commission shall render a decision thereon within 30
days• Said decision may consist of approval or disapproval.
5. Final approval will expire one year after the Commission action
antin approval of� l�at unless the plat has been filed of record
with the coun clerk, except that if the subdivider shall apply in
writing prior to the end of such one year ep riod stating reasons for
needing the extension, this ep riod may, upon a showing of good
cause, be extended � the Commission for another year but not
beyond that ep riod•
d. Plat Recordation. The final plat shall be drawn on 3 mil camera osp itive
matte finish both sides film in permanent black ink and shall be no larger
than 24 inches � 36 inches. Two film copies of the �lat with original
signatures are to be filed�the ci secretary in the office of the county clerk
of Galveston/Harris Coun Texas, as a permanent recard. The final l�at
must be approved � the Commission prior to being filed � the c�
secretary.
e. Short Form Final Plat.
1. An abbreviated procedure for l�at submission may be used if the
proposed subdivision satisfies the following requirements:
� The proposed subdivision is for development containin�four
lots or less.
� 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
ublic rp operty is re uired to meet the regulations of this
ordinance or�other ordinance of this city
� All utilities and drainage facilities, as re uired � this
ordinance or a�other ordinance of this ci are in lp ace to
serve each lot in the proposed subdivision and re uire no
extensions.
� The proposed l�at does not vacate, create ar extend a ublic
right-of-way or easement.
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Page 53
� The proposed l�at does not require � variance or
modification to the Subdivision Ordinance.
2. If a proposed subdivision satisfies the requirements of paragraph�
above,the subdivider may seek final l�at approval without necessi
of submitting a preliminary piat• Such l�at shall meet all the
requirements in Section II c 2 for final lp ats•
3. Decision of the Commission. On receipt � staff of an application
containing all of the information described above,staff shall schedule
the application for action�the Commission on their next available
agenda• Beginning with the meeting date for initial approval of the
final plat,the Commission shall render a decision thereon within 30
days• Said decision may consist of approval or disapproval.
4. Final a roval will expire one year after lp anning commission action
antin approval of such l�at unless the l�at has been filed of record
with the county clerk as described in the Plat Recordation Section,
except that if the subdivider shall apply in writing prior to the end of
such one year period statin reasons for needing the extension, this
ep riod may, upon a showin of good cause,be extended for another
year but not beyond that ep riod•
f. Replat_
1. A replat is a redesign of all or a�of a recorded l�at or subdivision
of land which substantially changes the elements of the plat• The
same procedures shall be followed as for preliminary, final or short
form final plat• The replat must be in accordance with the
requirements of the current Texas Local Government Code. A ublic
hearing shall be re uired on all residential replats when the revious
l�at is not vacated and is not in compliance with paragraph�below.
2. A replat of a subdivision or�of a subdivision�be recorded and
is controlling over the preceding l�at without vacation of that l�at if
the replat
� is si ed and acknowledge�all the owners of the ro e
being replatted;
� is approved, after a ublic hearin� on the matter at which
interested parties and citizens have an opportunity to be heard,�the
Commission; and
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Page 54
� does not attempt to amend or remove � covenants or
restrictions.
� identifies the lots or op rtions of the l�at being replatted and
rovides a reason for the replat•
� In addition, a replat without vacation of the preceding l�at
must also conform to the requirements of this paragraph, if
�of the area being replatted was limited to residential use
for 2 units or less. These additional requirements are:
� Notice of the hearing re uired in accordance with
Texas Local Government Code shall be 'given before
the 15`" d� before the date of the hearing•
Notification shall be � publication in the official
newspaper and � written notice sent to ro e
owners within two hundred feet 200' of the ro
which is being replatted.
� If the proposed replat is protested in accordance with
this subparagraph,the proposed replat must receive,in
order to be approved, the affirmative vote of at least
three-fourths 3/4 of all the members of the
Commission. For a legal rop test,written instruments
signed�the owners of at least 20 ep rcent 20% of
the area of the lots or land immediately adjoining the
area covered � the proposed replat and extendin�
two hundred feet 200' from that area,but within the
original subdivision, must be filed with the City Of
Friendswood prior to the close of the ublic hearing•
In computing the percentage of land area under the
subparagraph above,the area of the streets and alleys
shall be included.
� Compliance with subparagraphs "2" above is not
required for approval of a replat of part of a preceding
l�at if the area to be replatted was designated or
reserved for other than single residential use �
notation on the last legally recorded plat•
3. The final replat shall meet all the requirements in Section II c 2 for
final lats
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Page 55
4. Decision of the Commission. On receipt � staff of an application
containing all of the information described above,staff shall schedule
the application for action�the Commission on their next available
agenda following the ublic hearing•Beginning with the meeting date
for initial approval of the final replat,the Commission shall render a
decision thereon within 30 days• Said decision may consist of
approval or disapproval.
5. Final approval will ex ire one year after planning commission action
granting a roval of such replat unless the replat has been filed of
record with the coun clerk as described in the Plat Recordation
Section, except that if the subdivider shall apply in writing prior to
the end of such one year ep riod stating reasons for needing the
extension, this ep riod may, upon a showing of good cause, be
extended for another�but not beyond that ep riod•
� Amending Plat.
1. The amending plat procedure shall be in accordance with the current
Texas Local Government Code.
2. An amendin� l�at shall contain all of the informational requirements
setforth for a final plat•
3. The Commission � approve an amendin� l�at which � be
recorded and is controlling over the preceding or final l�at with a
vacation of that plat, if the amending l�at is signed�the applicants
only and the sole purpose of the amending l�at shall be to:
� Correct an error in a course or distance shown on the
preceding plat;
� Add a course or distance that was omitted on the preceding
p1 ,- — -- --
� Correct an error in a real ro e description shown on the
preceding plat;
� Indicate monuments set after the death, disabili or
retirement from ractice of the surveyar responsible for
setting monuments;
� Show the location or character of a monument that has been
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Page 56
changed in location ar character or that is shown incorrectly
as to location or character on the preceding plat;
�f Correct � other t�e of scrivener or clerical error or
omission previously approved � the Commission. Such
errors may include, but are not limited to lot numbers,
acreage, street names,and identification of ad'�acent recorded
l�Z — —
� Correct an error in courses and distances of lot lines between
two � adjacent lots where both lot owners join in the
application for amending the p1at,neither lot is abolished,the
amendment does not attempt to remove recorded covenants
or restrictions, the amendment does not have a material
adverse affect on the ro e rights of the owners in the plat,
and no more than ten 10 lots are affected�er piat;
� Relocate a lot line to eliminate an inadvertent encroachment
of a buildin or other improvement on a lot line or easement;
or
� Relocate one or more lot lines between one or more adjacent
lots if:
� The owners of all those lots join in the application for
amending the plat;
� The amendment does not attempt to remove recorded
covenants or restrictions;
� The amendment does not increase the number of lots.
� The combination of two lots for the creation of a more
developable site when:
� No change in the lap tted land use category is
anticipated;
� No increase in the densi or intensi of use is
anticipated as determined � estimated traffic
congestion or utili demands; and
� Off-site stormwater runoff is neither increased nor
concentrated.
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� Adequate up blic access and thoroughfare rights-of-
�exist.
� Notice, a up blic hearing'and the approval of other lot
owners are not re uired as a condition of approval and
issuance of an amending plat•
� When an amending l�at is prepared, the surveyor
signing and sealing the plat shall rovide a statement
in the title block denoting the change, in addition to
�other corrections which have been made.
h. Vacating of Plat.
l. The procedure for vacating a l�at shall conform with the current
Texas Local Government Code and meet the same requirements as a
final plat• The procedure shall consist of:
2. The owners of the tract covered�a plat may vacate the l�at�time
before�lot in the l�at is sold. The l�at is vacated when a signed,
acknowledged instrument declaring the plat vacated is approved�
the Commission and recorded as described in the Plat Recordation
section of this ordinance.
3. If lots in the l�at have been sold, the plat, or��of the plat may
be vacated on the application of all the owners of the lots in the l�at
with a roval�the Commission.
i. Variance Procedure
1. A modification of conditions may be granted if the proposed variance
is not detrimental to the ublic safe health, or welfare or in'urious
to other property,and that the only adequate procedure to rovide for
same is � inte�rating such a condition into the procedure for
lannin and developing ro or subdivision in the City,whether
such development consists of new construction on vacant land or re-
lattin of exi•sting ro e and, if the conditions upon which the
request is based are unique, and because of particular physical
surroundings of the s ecific ro e involved, a particular hardship
to the owner would result, and the alternative proposed � the
subdivider will be an improvement to said ro e
2. Where the Commission finds that extraordinary hardships or ractical
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Page 58
difficulties may result from strict compliance with these re�ulations
� or the purposes of these regulations may be served to a greater extent
� an alternative proposal, it may approve modifications of
conditions to these subdivision regulations so that substantial 'u� stice
�be done and ublic interest secured,and if the rp oposed variance
does not nulli the intent and purpose of these regulations and will
not in�manner�the provisions of�other C�ordinance ar
re�ulation, the Plan for the City of Friendswood, State of Texas, or
the official Zoning Map of the City,except that those documents�
be amended in the manner prescribed�law, provided that
3. The Commission shall not approve a modification unless it shall
make findings based upon the evidence presented in each specific
case that:
� The conditions upon which the requests is based are uni ue to
the rp operty for which the relief is sought and are not
applicable generally to other property; or
� Because of the particular h sical surroundings, shape, or
topographical conditions of the specific ro e involved, a
particular hardship to the owner would result, as
distinguished from a mere inconvenience,if the strict letter of
these re�ulations is carried out; or
4. The subdivider has demonstrated an alternative method of
development that will improve the aesthetic value of the subdivision
while 'vin equal emphasis to safety, economy, tax iy•eld,
maintenance cost, res onse time, drainage, vehicular access, or
pedestrian asp sage• In no case shall the Commission grant �
modifications which would have the effect of increasing the number
of lots that would have been developed without said modifications.
�modifications anted�the Commission shall be based upon
the s ep cifics of the particular application and request before them and
shall have not precedent setting effect to other applications or
development proposals. A request for modification shall be
submitted in writing�the subdivider with,or prior to the submittal
of a preliminary �lat application. The re uest shall state fully the
ounds for the modification re uest and all of the facts relied upon
�the subdivider. No modification may be considered or granted�
the Commission unless the subdivider has made written request for
such modification at, or prior to, the time of the preliminary l�at
application submittal, or an amended preliminary l�at application
submittal.
5. All applicable fees must be paid at the time of submission of a re uest
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for modification, including fees required for Qlat review, and the fee
for subdivision ordinance modification,at the amounts established�
the C� Council. No request for a modification will be considered
complete until all fees have been paid to the C�
Notice of�requested modifications shall be 'given, in wn•ting, to
each c� council member and to each owner of real property, as
indicated � the most recently approved c� tax roll, which lies
within 200 feet from the location of the modification. If the
modification applies to only one lp atted lot,this will be 200 feet from
the lot lines as shown on the plat• Such notice shall be �ven not less
than ten days prior to the date of the Commission meeting at which
the request is to be heard.
6. �modifications to the regulations must be shown on the l�at to be
coded as a note. A modification must receive an affirmative vote of
two-thirds of all members of the Commission in order to be granted•
7. Following an affirmative vote granting � modification, the
Chairman of the Commission shall forward a memorandum to the
City Council advising them of the requested modification and the
Commission's action.
Section III. General Requirements and Desi�n Criteria.
a. The subdivision shall conform to the comprehensive plan of the C�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 ublic. The City Engineer
shall maintain the Design Criteria and ro ose such changes to them from
time to time so that they are equivalent or more strin ent than those in the
area.
b. Public and Private Local Streets
1. General. The street ap ttern of a neighborhood must comply with the
Design Criteria, all requirements of this section and shall:
� Provide for ade uate vehicular access to all properties within
a subdivision's l�at boundaries. All lots, tracts and reserves
shall have frontage on an approved up blic right-of-way or
access easement(s).
� Provide adequate street connections to ad'�acent properties to
ensure adequate traffic circulation within the eneral area.
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� Provide a local street system serving properties to be
developed for residential purposes which discourages throu
traffic while maintaining sufficient access and traffic
movement for convenient circulation within the subdivision
and access� fire, op lice and other emergency services.
� Provide a sufficient number of continuous streets and major
thoroughfares, particularly in those area designated for the
development of multifamily residential, commercial and
industrial land uses, to accommodate the increased traffic
demands generated�these land uses.
� When necessary to continue the neighborhood ap ttern for
ad'_�acent developments,existin streets in the adjoining areas
shall be continued and shall be at least as wide as such
existing streets in alignment therewith, but in no case
narrower than re uired � current regulation. Centerline
offset shall be a minimum of one hundred twenty-five 125
feet. Greater centerline offsets may be required � 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 rp oper projection of streets into such
unsubdivided areas.
� Street intersections shall be as nearly at right angles as
rap ctical ig ving due re ard to terrain, topography, sight
distances and safety
� Private streets,where allowed,shall meet all the requirements
set forth for up blic streets including but not limited to
construction standards,width,curves,si t distance visibili
and function, and all other desi�n criteria and specifications,
and shall be privately maintained to those standards.
� There shall be a maximum of seventy-five 75 lots�er single
oint of access into an subdivision or subdivision phase from
a collector street. There shall be a minimum of two� op ints
of access for subdivisions in excess of seventy-five 75 lots.
In the case of hp ased construction, each phase should meet
this requirement but in no case shall there be less than one
access �er seventy-five 75 lp atted lots. No lot shall be
further from a point of access than the maximum distance
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allowed in the Design Criteria for cul-de-sac development.
Due to exi•sting conditions on the land being lp atted, such as
the existence of pipelines, bodies of water, 100-year
floodplain, etc., the Commission � require additional
op ints of access to rp otect up blic health, safe and welfare.
c. Major Thoroughfares and Collector Streets.
1. Location and Alignment. Street classification,location and alignment
shall be in accordance with the Thoroughfare Plan and finally
determined�the Commission.
2. Right-of-way width and transitions. The width of the right-of-way to
be dedicated for�designated or proposed tharoughfare 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 havin a right-of-way less
than that required � the Tharoughfare Plan, sufficient additional
right-of-way must be dedicated to brin� 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.
3. 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�a tangent distance of not less than one hundred 100
feet. Intersections with up blic and/or np �vate streets shall be at right
angles but may � upon a roval of the Commission after due
regard for terrain, topography, sight distances and safety Where
acute angles are approved,a radius of at least twenty-five 25 feet in
the ri�ht-of-way line in the acute corner must be provided.
d. Buffering Major Thoroughfares.
1. Where a subdivision abuts or contains an existing or ro osed arterial
street, the Commission may require marginal access streets, reverse
frontage with screen lp anting contained in non-access reservation
along the rear rp operty 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 ar berming is used as a buffer between the
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major thoroughfare and residential rp operty uses,the subdivider shall
rp ovide a ten-foot landscape easement along the major thoroughfare
according to the Major Thoroughfare Plan and shall construct
sidewalks thereon in accordance with this chapter and the current
Design Criteria.
2. Reserve strips controlling access to streets shall be prohibited except
where their control is definitely lp aced in the ci under conditions
approved�the Commission.
3. Street right-of-way widths shall be as shown in the eg neral�lan for
the C� of Friendswood, and where not shown therein shall be not
less than as follows:
Street Type Minimum Right-of-way Width
Major thoroughfare 100 feet
Collector 60 feet
Minor rivate and ublic 60 feet
Cominercial streets 80 feet
Boulevards 80 feet
e. Partial or Half Streets.
1. 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 re uire the dedication of the other half when the
adjoining rp operty is subdivided,the other remaining half of the street
shall be lp atted within such subdivision,in accordance with Section II
of these regulations.Appropriate notations and one-foot reserve must
be lp aced upon the l�at restrictin� access from a� artial or half
streets so dedicated to ad'_�acent acreage tracts until the ad'acent
ro e is subdivided in a recorded l�at and the additional ri t-of-
� is acquired providing the full right-of-way as specified in this
chapter•
f. One-foot Reserves.
In those instances where� up blic street is established in a�lat submitted to
the Commission and where such street forms a stub street into adjacent
acreage or where such street lies along the arallel with the l�at boundary and
ad'acent to acreage, a one-foot wide reserve must be established within the
street right-of-way to form a buffer striP,dedicated to the ublic between the
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up blic street right-of-way and the ad'_�acent unsubdivided acreage,to revent
access to this up blic street from the adjacent unsubdivided acreage unless and
until the Commission has had an opportunity to review the development
proposals for such ad'�acent acreage, and a l�at of the ad'acent ro is
duly recorded. The conditions associated with the establishment of a one-
foot reserve on a l�at are contained in the following notation which must be
lp aced upon the face of� l�at where a one-foot reserve is to be established:
"One foot reserve dedicated to the up blic in fee as a buffer separation
between the side or end of streets where such streets abut adjacent
acreage tracts, the condition of such dedication being that when the
ad'�acent ro e is subdivided in a recorded plat, the one foot
reserve shall thereupon become vested in the ublic for street
right-of-way purposes and the fee title thereto shall revert to and
revest in the dedicator, his heirs, assigns or successors."
� Cul-de-sacs.
1. Len h. The len h of Cul-de-sacs shall not be longer than 600 feet.
In cases where proposed subdivisions are surrounded � exi•sting
development which precludes compliance with block len h
standards, the Commission may a rove the creation of cul-de-sac
streets which exceed 600 feet in len 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 len of such street,
be deprived of a level of up blic servic.es which would otherwise be
afforded to lots on cul-de-sac streets of 600 feet or less. In
considerin� � such application, the Commission shall consider
measures which would assure:
� adequate water ressure for otable water needs and fire
fighting capabilities,
� the ability of the c�to timely rp ovide emer�ency services,
and
� that traffic hazards and traffic congestion is not created due to
densi or number of lots. In achieving these measures, the
Commission may re uire the use of inedians, larger lot
dimensions,or other alternative solutions deemed appropriate
�the commission as may be necessary to satis the intent of
this paragraph. Each application for an extended dead end
cul-de-sac street shall be considered on an individual case_by_
case basis, and depending on the particular circumstances
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surrounding the ro e in question.
2. Cul-de-sac right-of-way radius. The proposed cul-de-sac n'ght-of-
� and pavement radii shall comply with the requirements of the
current Design Criteria.
3. 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 lp at•„
h. Blocks.
1. The lengths,widths,and shape of blocks shall be determined with due
regard to:
� Provision of ade uate building sites suitable to the special
needs of the ty�e of use contemplated.
� Requirements as to lot sizes and dimensions.
� Need for convenient access,circulation, control and safety of
street traffic.
� Limitations and opportunities of topography.
2. Block len s_ measured along the center of the block .
� Minimum block len h shall be not less than 300 feet.
� MaYimum block len h for residential, 1,200 feet.
� Maximum block len h along a major thoroughfare, 1,600
feet,except under special conditions and upon a roval of the
city
i. 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 zonin�ordinance.
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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 rop vide,�means of a
up blic street, each lot with satisfactory access to lots � means of
np 'vate streets provided such np �vate streets otherwise comply with
the requirements for up blic streets.
5. Double-frontage,and reverse-frontage lots,should be avoided except
where essential to rp ovide separation of residential development from
traffic arteries or to overcome specific disadvantages to topography
and orientation. A lp anting screen easement of at least ten feet, and
across which there shall be no right of access,shall be rop vided along
the line of the lots abutting such traffic artery or other
disadvantageous use.
6. Side lot lines shall be substantially at ri�ht angles or radial to street
lines.
L Building setback lines. Building setback lines shall conform to the latest
zoning ordinance.
1. Sidewalks. Sidewalks are required except when in the judgement of
the Commission the safety of the pedestrians does not re uire such
sidewalks. When sidewalks are required, they shall have a width of
not less than four feet.
k. Public use and service areas.
1. Easements for utilities. Except where alleys are permitted for the
u ose the ci shall re uire easements of at least ten feet for oles
wires, conduits, storm sewers, � water, and wastewater or other
utility lines, along all rear lot lines, along side lot lines if necessary,
or in the same or greater widths may be re uired along the lines of or
across lots, where necessary for the extension of existing or lp anned
utilities. All water and wastewater lines shall be located in the street
rights-of-way unless agreed to and/or specified�the ci .
2. Draina�e easements. Where a subdivision is traversed � 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.
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Parallels streets or parkways�be re uired in connection therewith.
Location and width of drainage easements shall be determined�the
Commission and shall be in conformity with the city's master
dra�p1 — — — —
3. Plattin of up blic streets or easements across private easement fee
strips•
� A copy of the instrument establishing� np �vate easement
shall be submitted with the preliminary plat•
� Easement boundaries must be tied � dimensions to all
adjacent lot and tract corners. Where the np �vate easement
has no defined location or width, an effort shall be made to
reach agreement on a defined easement.
� No residential, commercial or industrial structure
other than structures necessary to operate the i eline
shall be erected or moved to a location nearer than 50
feet to � ip�peline except low-pressure distribution
system pipelines as defined in Chapter 26, of the
Friendswood City Code.
� No residential, commercial or industrial structure
shall be permitted to be built nearer than 150 feet
from�well or related facility other than structures
necessary to operate the well or facili .
c. Prior to approval of the final construction plans � the C� Engineer, the
subdivider of a� subdivision l�at wherein up blic streets or easements are
shown crossing rivate easements or fee strips shall, � letter to the city,
assume responsibility for seeing that � adjustments and protection of
existing pipelines, electrical transmission lines, or other facilities shall be
lp anned and provided for to the satisfaction of the holder of the np �vate
easements or fee strips and the ci prior to the filing of the l�at for record.
d. Prior to filing the final l�at for record, the following requirements shall be
met:
1. The developer or dedicator of�plat shall obtain from the holder of
� rivate easement or fee s�within the plat'crossed�proposed
streets or other up blic easements,an instrument granting to the up blic
the use of said up blic streets or easements over and across said private
easements or fee strips for construction,operation and maintenance of
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those ublic facilities indicated. This instrument shall be delivered
with the plat•
2. The developer shall furnish the Commission with a letter from the
holder of the np 'vate easements or fee strips in question, stating that
arrangements for � required adjustments on pipelines, electric
transmission lines or other similar facilities have been made to the
satisfaction of the holder of the easement.
3. Community assets. When considering the placement of streets and
, utilities within proposed subdivisions,the developer shall rep serve all
natural features such as large trees,watercourses,historical spots'and
similar community assets which will add attractiveness and value to
the ro ert unless such preservation results in an economic ep nalty
of such magnitude that development of the land is infeasible.
e. Compliance with density requirements for ty�e of development. No l�at
shall be approved for the subdivision of land unless such l�at reflects and
satisfies the minimum open space densit requirements for the particular
type of development proposed i.e. si'ngle family,commercial,industrial as
provided in the zoning regulations of the ci .
Ord. No. 93-6,�1 4-29-93; Ord. No. 95-25 � 1,2, 11-6-95
f. Street Lighting, Signage and Signalization.
1. Street lighting shall be provided in accordance with the City of
Friendswood street light op licy A proposed street lighting l�an shall
be indicated on a copy of the final l�at of the subdivision which has
been approved�the Commission. The proposed street lighting l�an
shall be submitted together with the construction plans for up blic
improvements required in�Article IV of this chapter•
2. The developer shall be re uired to rovide and install all traffic
signage and signalization determined � the City to be necessary
because of the construction of the proposed subdivision. All signs
and si als shall be provided in accordance with the Texas Manual of
Uniform Traffic Control Devices and shall be erected prior to
acceptance of the streets�the C�
Section IV. Parkland Dedication
a. Purpose•
1. This Section rop vides recreational areas in the form of nei�hborhood
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and community parks as a function of subdivision development in the
C� of Friendswood, Texas. This section is enacted in accordance
with the home rule op wers of the City of Friendswood under the
Texas Constitution, and the statutes of the State of Texas,including,
but not��of limitation,Texas Local Government Code Chapter
212
2. Park Areas shall be recommended�the Parks and Recreation Board
and shall be shown on an official parks and recreation map for the
C� of Friendswood, which shall be adopted and may be modified
from time to time�the ci council, and which shall be prima facie
proof that � Neighborhood Park located therein is within a
convenient distance from�residence located within that Park Area.
Proposed parks and recreational areas will be established�review
with the developer and c� staff at the earliest osp sible stage of
development planning, and a proposed subdivision or development
shall be reviewed in its entirety and not� sections or hp ases•
3. The np •mary cost of neighborhood parks and community parks should
be borne ultimately�residential ro e owners who,�reason of
the roximi of their ro e to such parks, shall be the np •mary
beneficiaries of such facilities. Neighborhood parks are those parks
providing for a variety of outdoor recreational opportunities,
including but not limited to playgrounds,hike and bike trails, rap ctice
backstops, multi-purpose courts, ip�cnic shelters, and which are
located within convenient distances from a ma'ori of the residences
to be served thereby• Community parks are those parks that rp ovide
for large scale activities such as tournaments or league play and other
activities and that are located and desi�ned to serve several
neighborhoods. New residents will increase the demands for such
facilities 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.
4. City Council hereby finds and declares that,in accordance with City
of Friendswood Parks and Open Space Master Plan, neighborhood
parks are for the use of ep ople in the neighborhood being served.
They are not to be used for citywide activities such as organized area
league sports play From time to time special needs may arise that
make it necessary or desirable to use a neighborhood park for broader
purposes than intended. City-wide events are generally prohibited at
neighborhood parks unless approval is granted�the C� Council
upon an affirmative recommendation from the Parks and Recreation
Board.
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b. General Requirements. Residentially Zoned Land, to be used for single_
Family,Town Homes, Garden Homes,Mobile Homes, and/or Multi-family
Residential Purposes.
1. Whenever a final l�at is filed of record with the Coun Clerk of
Galveston Coun or Harris Coun for development of a residential
area in accordance with the lap tting and zoning regulations of the
C�such l�at shall contain a clear fee simple dedication to the C�
of an area of land for park purposes,which area shall be e ual to one
�acre for each one hundred thirty-three 133 proposed dwellings,
based on the proposed subdivision or development in its entire and
not� sections or hp ases• �proposed l�at submitted to the C1ty
for approval shall show the parkland proposed to be dedicated under
this Subsection. The dedication re uired�this section may be met
�a payment of money in lieu of land when permitted or required�
the other provisions of this Subsection. The dedication required�
this section must be located within the same Neighborhood Area as
shown on the City of Friendswood Parks and Open Space Master
Plan, or be located at the site for an identified community park•
2. The C1ty Council declares that development of an area smaller than
five�acres for the purpose of neighborhood or community parks is
impractical. Therefore, if fewer than six hundred fifty-five 655
dwellings are proposed � a l�at filed for approval, the developer
shall be required to �ay the applicable cash in lieu of land amounts
provided� Subsection "d" hereof, rather than to dedicate�land
area. In most instances, no l�at showing a dedication to the City of
less than five�acres shall be approved;provided however,that the
C�may accept smaller arcels where such proposed dedication is in
the best interests of the ci such as when a smaller arcel is adj acent
to an existing park or future park site.
3. Developers should evaluate their proposed development and proposed
dedication with c� staff to assure that as soon in the development
rp ocess as osp sible the land dedicated is usable for neighborhood or
community parks purposes.
4. A dedication required � this Section shall be made in accordance
with Subsection "d.l", below. 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 � a ent of the cash in lieu of land amount provided �
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Subsection "d" hereof.
c. Timing of Dedication or Payment of Fees in Lieu of Land
1. Parkland shall be dedicated to the C�at the time of filin of the final
l�at of the first phase and section, if a hp ased development. The
dedication shall be made contemporaneously�separate instrument
and must be accepted � the C� Council prior to the filing of the
final plat• Lack of acceptance of such dedication shall rep clude 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 hp ased development is proposed,the
parkland shall be shown on the plat,if included within the first hp ase,
and dedicated � separate instrument, or dedicated � separate
instrument if located outside of the first phase of development,at the
time of filing the final l�at for the first section of such hp ased
development.
Payment of fees in lieu of land shall be done at the time of filing of
the final plat for fees for neighborhood arks and at the time of
issuance of a buildin permit for each lot for fees for community
parks• Where payment of fees in lieu of land for neighborhood parks
for the entire of a hp ased development is lp anned, such a ent
may be made in full for all hp ases of the proposed development at the
time of filin of the plat for the first hp ase,or payment of fees in lieu
of land for each section of a hased development may be made at the
time of filing of the final l�at for each phase or section, at the
discretion of the developer.
d. Fees in Lieu of Land.
1. � land owner responsible for dedication under this Section shall
review their proposed development with c� staff, including the
Commission and Parks and Recreation Board on recommendation of
staff,prior to or simultaneously with making�formal application
to the C� for the purpose of evaluating compliance with this
Section. If no agreement is reached between the developer and c�
staff, then within 14 days from receipt of a written re uest � the
developer,ci staff shall submit the issue to the Parks and Recreation
Board. If the Parks and Recreation Board can reach an agreement
with the developer,that recommendation shall be final,subject to the
acceptance of such dedication � C� Council as described in
Subsection "d". If the Parks and Recreation Board cannot reach an
agreement with the developer,the Commissions shall hear the issue at
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their 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�ay fees in lieu
thereof. However, the C� expressly reserves the right to require
dedication of land rather than accept fees, far example,in situations
where the proposed development includes land identified for a future
park, or where the proposed development is adjacent to an existing
� — —
2. As provided above, a�land owner responsible for dedication under
this Section may elect to meet the requirements of Subsections"c"or
"d"hereof in whole or in��a cash payrnent in lieu of land,in the
amount set forth in Subsection 4 hereof. Such payment in lieu of land
shall be made at or prior to the time of final plat approval for
neighborhood parks as described in Subsection c.l. of this Section,
and at time of building permit for community parks•
3. The C�may from time to time decide to purchase land for parks in
or near the area of actual or potential development or for community
parks to serve such actual or potential development. If the C�does
purchase park land in a Park Area, subsequent park land dedications
for that Area may be in cash or� dedication of land, provided the
dedicated parcel is adjacent to or� of an existin� or future park
site. If fees in lieu of land are paid, such fees shall be calculated to
reimburse the City's actual cost of acquisition and development of
such land for parks• The cash amount shall be equal to the sum of the
average price �er acre of such land, and the actual cost of adjacent
streets and on-site utilities, or an estimate of such costs provided�
the C�Engineer. Once the C�has been reimbursed entirely for all
such park land within a Park Area, this Subsection 3 shall cease to
apply and the other paragraphs of this Subsection "d" shall again be
applicable.
4. A ep r-acre price shall be set from time to time�the City Council,
incorporated in the fee schedule,Code of C�Ordinances,Appendix
D in amounts sufficient to ac uire land and rovide for adjacent
streets and utilities for a neighborhood or community park to serve
the park Area in which such development is located. Cash payments
may be used only for acquisition or improvement of a neighborhood
park located within the same neighborhood park Area as the
development,or for acquisition or improvement of a community�
located within the same community park Area as the development.
However, it is hereby provided that all fees may be applied to �
ty�e of park site if all needs for the other type of park facility have
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been met.
e. Park Land Dedication Fund.
1. There is hereby established a special fund for the deposit of all sums
� in lieu of land dedication under this Section or� preceding
ordinance,which fund shall be known as the"Park Land Dedication
Fund." Funds shall o�be released from the Park Land Dedication
Fund upon C� Council approval of a plan to utilize the funds to
build or enhance a park within the park Area from which the funds
originated.
2. The City shall account for all sums paid in lieu of land dedication
under this Section with reference to the individual plats involved.
�funds paid for such purpose must be expended�the C�within
four�years after the filing of the final plat,or the filing of the final
l�at of each phase or section of the contributing subdivision, if a
hp ased development. If all the funds cannot be committed within the
initial four�year time ep riod,the Director of Community Services
may request a time extension for a ep riod not to exceed an additional
four�years for the expenditure of the funds from the Commission.
The extension re uest s shall be submitted in writing to the Director
of Community Development six 60 days prior to the expiration
ep riod for the funds to be committed�the City, and shall include a
detailed justification for the extension re uest s . If not so expended,
the owners of the ro ert on the first�of such seven� ep riod
shall be entitled to a pro rata refund of such sum, computed on a
square foota�e of area basis. The owners of such rp operty must
request such refund within one�year of entitlement. Such request
must be made in writing to the City Manager or his designee or such
n�ht shall be barred.
3. Where funds or a dedication for a hp ased development have been
a��id or made for the entire development at one time, and the ori�inal
developer does not complete all hp ases of the entire development,
credit for such rior dedication or payment shall be applied to
subsequent plats for the same land on a ro-rata basis. Increased
densi will require the dedication of additional arp kland or payment
of additional fees.
f. Additional Requirements.
1. �land dedicated to the C�under this Section must be suitable for
park and recreation uses. The following characteristics of a proposed
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area are preferred wherever possible:
� The City reserves the right to decline a� dedication of
proposed arp kland if it is determined to be in the best interests
of the C�
� Neighborhood park sites should be located in a manner that
serves the egr atest number of users in the relevant
neighborhood Area.
� Neighborhood park and community park sites should
preferably be located so that users are not required to cross
arterial roadways to access them.
� Sites should be located ad'�acent to schools,where osp sible,in
order to encourage both shared facilities and the potential co-
development of new sites.
� Sites should be located adjacent to a greenbelt s sy tem,where
possible, so that connections to a trail network may be easily
achieved.
� 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•
� Sites should have and retain existing trees or other scenic
elements.
� Land subject to an easement or a right-of-way shall comprise
no more than 25 ep rcent of the total land dedicated under the
provisions of this Section. In addition, � 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 C� and must conform with all
other requirements of this Section.
� All offers of dedication must be accompanied�a phase one
environmental study veri in the absence of conditions
which would inhibit or rop hibit its future use and
development as park facilities.
2. Parks should be easy to access and be open to up blic view so as to
benefit area development, enhance the visual character of the C�
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rp otect up blic safety and minimize conflict with adjacent land uses.
The following guidelines should be used in designing parks and
adjacent development:
� Where physically feasible, parks should be bounded �
streets,or�other up blic uses e�. . school,library,recreation
center .
� 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 rovide
reasonable access to parks•
� Where a non-residential use directly abuts a park, the c�
may re uire the developer to construct, at his expense,
screening of a minimum height of eight feet 8' . The
screened area must be landscaped on the park side. Access
op ints from the non-residential use to the park may be
permitted.
� Alleys may abut a park, where otherwise allowed �
ordinance, but they should not be designed to encourage
motorized traffic to the park•
� Streets abutting a park shall be built in accordance with the
thoroughfare plan and the standards of this Section;however,
the City may require a�residential street built adjacent to a
park to be constructed to collector width to ensure access and
rp event traffic congestion,subject to a proportionality review
of the impacts generated � the subdivision(s). 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, exi•sting trees and shrubs on the site shall be
preserved to the egr atest extent practicable.
3. When�k land is acquired, the City shall reserve sufficient land to
rp ovide a minimum of 50%of the total street width where a street is
re uired to abut a park•
4. In all cases,the C�shall review and may require modification of the
proposed street alignxnent fronting on c�parks and recreation areas.
Developers should also rop vide,where possible,street or pedestrian
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access to all creeks ar drainage ways which are maintained � a
homeowner association or dedicated as a draina e and floodway
easement to the C�or the applicable drainage district.
5. Drainage areas may be accepted as � of a park if the drainage
facilities are constructed in accordance with C� Engineering
standards,and if no significant area of the park is cut off from access
� such drainage facilities. Where the C� has designated a
floodplain as � of the C� Park s sy tem, the park design shall
rp ovide up blic access for all areas of the park•
6. � park land proposal considered � the Commission under this
Subsection shall have been reviewed�the Director of Community
Services and his recommendation ig ven to the Commission. The
Commission may make a decision contrary to such recommendation
�a si�mple ma'ori vote.
� Partial Credit for Private Park Land, Private Recreation Facilities, or Open
Space• The Commission, upon an affirmative recommendation of the
Director of Community Services,may reduce the amount of park land to be
deeded to the City or reduce the fees in lieu of park land to be paid to the C�
as provided below.
1. A reduction from the initial park land dedication requirement may be
made where park land within the same park Area as the subdivision
which generates the re uired conveyance is dedicated for a private
park• For purposes of this Subsection, the np �vate park land
dedication shall meet the following minimum requirements:
� The park area shall be leveled and seeded�the subdivider to
rop duce green space• The City will determine if the park land
can be left in its natural state.
� The park area shall be located within the subdivision
generating the park land requirements, and
� Restrictive covenants shall be filed of record in the
appropriate coun providing for the creation and operation of
a homeowner association to maintain and i�mprove such
np �vate park area, or, in the case of such np �vate park area
within a multi-family development, such as an apartment
complex, rovide for maintenance and improvement� the
owners of the multi-family development.
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2. A reduction from the initial park land dedication requirement may be
made for recreational improvements made to np �vate park land within
the same park Area as the subdivision which generates the re uired
conveyance. Such recreational improvements to park land may
include, but are not limited to, the following children's play
apparatus, landscaped areas, ip�cnic areas, ame court areas, play
fields,swimming pools,and recreation center buildings and facilities.
All improvements shall meet the same applicable re�ulations or
codes as for like improvements on up blic property.
3. A reduction from the initial park land dedication requirement may be
made for common open space, whether ublic or np •vate, 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 'ven under this
Subsection for landscaped or seeded medians. A further reduction
may be ig ven where the common open space is linked with
undeveloped or developed park land or other recreational facilities.
4. In order to receive the credits under Subsection 1�or 3 above,the
subdivider shall rp ovide documentation to the Director of Community
Services at the time of final l�at 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 hp ased
development,the C��re uire 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 l�at of the first phase of the hp ased
development. The Director of Community Services shall evaluate the
documentation submitted and shall approve the value prior to �
reduction being iven under this Subsection. Credits are cumulative,
but in no case shall credits 'ven under this Subsection exceed 100%
of the total dedication of land or fees re uired for neighborhood parks
under this ordinance. In cases where the estimated costs of the
improvements are disputed, the value shall be as finally determined
� the Director of the Community Services. If no agreement is
reached between the developer and ci staff, then within 14 days
from receipt of written re uest � the developer, ci staff shall
submit the issue to the Parks and Recreation Board. If the Parks and
Recreation Board can reach an a�reement with the developer that
recommendation shall be final. If the Parks and Recreation Board
cannot reach an agreement with the developer,the Commissions shall
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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 ig ven of u�to 100%of the total dedication of land or
fees required under this ordinance where the developer makes
improvements to up blic parks' as described under subsection �
above. No credit shall be allowed for community parks, even for
similar types of amenities, unless such are dedicated to the up blic
under the terms and requirements of this ordinance.
6. Credit for neighborhood parks may be based on previously installed
amenities within a hp ased development, where amenities and
recreational improvement have been constructed in earlier hp ases,
where no arp kland dedication was required, subsequent hp ases for
which park dedication is required, may count those previously
installed amenities. Under no circumstances will double credit be
ig�ven for a previously installed amenity.
h. Minimum Park Improvement Standards. Prior to acceptance�the C�
and prior to the filing of the final subdivision p1at,�park land dedicated to
the City,or developed as a np �vate park for credit a�ainst park land dedication
under this Section, shall meet the following minimum standards:
l. The up blic park area shall be leveled and seeded as deemed
necessary�the Cit �the subdivider to roduce green space prior
to the completion of the first hase of the development of the
subdivision,if the development is being executed in hp ases• Existing
trees and shrubs on the site shall be preserved to the egr atest extent
practicable. The subdivider will be responsible for the maintenance
of the ublic park area for a minimum of one year after the
completion of the subdivision�r the completion of the final phase or
section of the subdivision), at which time the C� will assume
maintenance responsibilities in the park. The subdivider is also
responsible for noti in each homeowner in the subdivision of the
existence of� np �vate park area and its conditions of ownership.
2. � improvements provided � the developer to park land shall
comply with applicable regulations and codes set forth for such
improvements.
Section V. Required improvements.
a. General
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1. When a preliminary l�at of a subdivision has been approved, the
developer shall submit to the C�Engineer,plans and specifications
for all improvements pertinent to said subdivision. The C�
Engineer shall, within 30 days of recei t of said plans and
specifications, approve same if they conform to the requirements of
these regulations and the current Desi Criteria,or disapprove same
ig ving its reasons therefor in writin to the subdivider. Thereafter,
when the subdivider has met the obj ections,if any,the C�Engineer
shall approve the plans and specifications and forthwith deliver same
to the subdivider,his agent or his en 'neer
2. Before beginning a�construction of the improvements required�
this ordinance, three complete sets of lans specifications and
contracts including performance, payment and maintenance bonds
covering said construction, shall be filed with the ci . These shall
show such features as re uired�the current Design Criteria.
3. All ublic infrastructure improvements within all of the area of�
subdivision or op rtion thereof ig'ven final a roval � the
Commission, shall be inspected and accepted�the City before the
l�at is filed of record.
4. All improvements shall be designed and constructed in conformity
with the provisions of these regulations and the current Desi�n
Criteria of the C� No construction shall be commenced until these
regulations are complied with. It shall be the duty of the subdivider
or his engineer to see that this provision is complied with in its
ent• ty — — —
5. The subdivider, owner, and the design engineer responsible for the
design improvements shall have the obligation upon acceptance of the
preliminary l�at � the City of Friendswood to grant the City
Engineer or his authorized representative the right of in ess and
egress for the u ose of inspection of the facilities under
construction. If at�time during the construction of the proposed
improvements the C� Engineer or his authorized representative
finds the improvements not to be in conformance with the plans and
specifications of the proposed improvements and the C� of
Friendswood subdivision ordinance or current Design Criteria, the
Citv Engineer or his representative will hereby be ig ven the authori
to cause the subdivider, owner, and the design en 'neer for the
improvements to cease all operations within the ro e boundaries
of the approved l�at until all deficiencies are corrected to conform to
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the C� of Friendswood subdivision ordinance and current Design
Criteria.
6. Upon approval of the construction drawings � the c� engineer,
these drawings and specifications shall become the minimum
standards re uired for final acceptance of the subdivision, provided,
however,that in the case of conflict where the Design Criteria impose
greater requirements, then the Design Criteria will og vern in this
deficient specification;all other specifications being the same as had
previously been approved�the ci engineer.
7. The subdivider, owner or his engineer must furnish one certified
complete set of as-built drawings on the street,draina�e and utilities
in the subdivision before final acceptance. The owner and the
contractor must furnish to the ci secretary,upon final acceptance of
the subdivision�the City of Friendswood, a maintenance bond for
the duration of one year from the date of final acceptance of the
subdivision. The bond shall be for 100 ep rcent of the rp esent worth
of the installed utilities.
b. Adoption�Minimum standards. The City of Friendswood Design Criteria
Manual, current approved version, is adopted• The current Design Criteria
for the City of Friendswood for infrastructure improvements shall be
complied with in each subdivision before final a roval of a l�at � the
Commission. The Design Criteria rp ovide additional technical details and a
copy,as adopted including�amendments the�eto,shall be kept on file with
the C1ty Secretary and the City Engineer.
Section VI. Plattin�and Filing Fees.
a. Platting Fees. Subdivision plats submitted to the Commission for a roval
under the method provided for herein shall be accompanied � a check
payable to the C�of Friendswood accordin�to the fee schedule as set out in
Appendix D of this Code of Ordinances.
b. Filing Fees. The subdivider shall be responsible for providing the C� of
Friendswood a check payable to the Coun in which the final l�at is to be
filed. The amount shall be determined�the County Clerk's office of the
appropriate county and shall cover the full cost of filing the l�at and �
associated documents re uired as � of the a roval issued � the
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Commission.
Section VII. Conflict with other ordinances.
All ordinances or parts of ordinances inconsistent herewith or in conflict with the
provisions of this ordinance shall be and the same are hereby repealed.
Section VIII. Extraterritorial_jurisdiction.
a. The provisions of this ordinance are hereby extended in their application to
include all of the area within the extraterritorial jurisdiction of the City of
Friendswood, Texas. The provisions of this ordinance shall have the same
force and effect within said area of extraterritorial jurisdiction as within the
corporate limits of the City of Friendswood, Texas, except as provided in
subsections�and�of this section.
b. No violation of�provision of this ordinance outside the corporate limits of
the ci but within such city's area of extraterritorial jurisdiction, shall
constitute a misdemeanor under this ordinance,nor shall�fine provided
for in this ordinance be applicable to a violation within such area of
extraterritorial jurisdiction.
c. In the event �provision of this ordinance or revision to same is violated
within the area of extraterritorial jurisdiction of the City of Friendswood,
Texas,and outside its corporate limits,the ci may institute�appropriate
action or proceedings in the district court to enioin the violation of such
ordinance.
Section 3. Severability clause.
If any section, subsection,sentence,clause,phrase or word of this ordinance is for any
reason held to be unconstitutional or invalid, such decision shall not affect the remaining
portions of this ordinance.
Section 4. Penalty clause.
Any person who shall violate any provision of this ordinance shall be deemed guilty of
a misdemeanor, and upon conviction shall be fined in an amount not to exceed $2,000.00
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each day of violation shall constitute a separate offense.
Section 5. Repeal of all Ordinances in Conflict.
Ordinance Nos. 85-19 and 99-15 are hereby repealed in their entirety.
Provided, further, any and all ordinances or parts of ordinances inconsistent herewith or in
conflict with the provisions of this Ordinance shall be and the same are hereby repealed.
PASSED AND APPROVED on the first reading this 3 rd day of Jan. , 2000.
PASSED AND APPROVED on the second reading this 17thday of Jan. , 2000.
Harold L. Whitaker
Mayor
AT ST:
C
r
Deloris McKe ie, T C
City Secretary
MOTION: Councilmember Kim Brizendine
2ND: " " Kitten Hajecate
APPROVED: Unanimously
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