ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF LONE OAK ESTABLISHING RULES AND REGULATIONS FOR THE CITY OF LONE OAK AND ITS EXTRA TERRITORIAL JURISDICTION; ESTABLISHING REQUIREMENTS AND GUIDELINES FOR PLATTING AND DEVELOPMENT OF SUBDIVISIONS; PROVIDING PROCEDURES FOR VARIANCES, PLAT REVISIONS AND CANCELLATIONS; ESTABLISHING ROAD SPECIFICATIONS FOR SUBDIVISIONS; ESTABLISHING REQUIREMENTS FOR LETTERS OF CREDIT AND MAINTENANCE BONDS; ESTABLISHING REGULATIONS FOR WATER AVAILABILITY AND PROVIDING FOR FINES AND PENALTIES FOR VIOLATIONS OF THE ORDINANCE AND ORDERING PUBLICATION OF NOTICE OF THE ORDINANCE AS REQUIRED BY LAW.

WHEREAS, the City of Lone Oak is authorized by Chapter 212 of the Texas Local Government Code and is charged with the duty to regulate the orderly development of property and subdivisions within the City; and

WHEREAS, notice of a public hearing on the proposed Ordinance has been published as required by law and a public hearing held pursuant to such notice; and

WHEREAS, the Lone Oak City Council finds it is in the public interest and the best interests of the City of Lone Oak and its residents to regulate and control, the orderly development of property and roads within the City; now therefore,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LONE OAK, TEXAS

1. That the Subdivision Rules and Regulations are adopted and established as the Subdivision Rules and Regulations for the City of Lone Oak and its Extra Territorial Jurisdiction if the City gains such jurisdiction;

2. The City Secretary is ordered to publish notice of the adoption of this Ordinance in the official newspaper of the City as required by law.

Approved by the Lone Oak City Council on the ___ day of ______20____.

______(Mayor)

Attest:______(City Secretary)

______(City Attorney)

Table of Contents

1.1Application

1.2Jurisdiction

1.3Subdivision Process

1.4Fees

1.5Notice and Hearing Requirements

1.6Preliminary Plat

1.7Final Plat

1.8Construction Plans and Construction Guarantees

1.9Official Recording

1.10Replat

1.11Amended Plat

1.12Vacated Plat

1.13Minor Plats

1.14Required Improvements

1.15Design Standards

1.16Administration

1.17Plat Notes

1.18Other Certifications and Waivers

1.19Definitions and Terms

1.1Application

Any owner of land within the limits of the City's subdivision jurisdiction who subdivides land must have a plat of the subdivision or lot approved by the City Council as provided in this Ordinance. No improvements to the subdivision or lot shall be commenced until compliance with this Ordinance is fulfilled.

  1. Conditions requiring plat approval.A subdivision application is required for the following when done for the present or future purpose of sale or building development of a tract of land located within the corporate limits or in the ETJ of the city:

1)The division of any tract of land into two or more parts for the purpose of creating one or more new lots for development, or to modify an existing boundary of ownership whether or not for the purpose of development. This includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method.

2)The assembly of two or more existing adjacent platted lots in a recorded subdivision into one lot to be under the same ownership and use, where:

  1. such lots are the minimum necessary to accommodate all facilities required by city ordinance; and,
  2. the area encompassed by one or more of the original lots is not proposed to be occupied by any portion of a principal building.

3)A resubdivision of all or part of a recorded subdivision, including the expansion of a platted lot to include adjacent unplatted land, or the creation of a new lot encompassing portions of two or more adjacent platted subdivisions.

4)Any change in the size or shape of a previously unplatted tract through acquisition of adjacent unplatted land for the purpose of development.

5)Any change in the size, shape, or number of lots in a recorded subdivision.

6)The relocation of any street or other feature dedicated by a recorded plat, where the relocation alters the boundary of adjacent lots included in the same original plat, and where such lots have not been sold by the owner since the plat was recorded. This does not include simple abandonment or sale by the city of the land included in such dedicated street or other feature.

  1. Conditions not requiring plat approval. This ordinance shall not apply to the following conditions:

1)A conveyance of land by dedication, lease of sale to a public agency for a roadway, utility lines or drainage facility, provided that said conveyance is accepted and approved by the public agency.

2)The conveyance of parcels of land between owners of adjoining property and contiguous land, provided that no additional building lot or substandard lot is created.

3)In accordance with Tex. Loc. Govt. Code §212.004(a), the division of land into two or more parts provided:

  1. all parts after the division of land are larger than five acres;
  2. no public improvement is required by this Ordinance to be dedicated; and,
  3. after the division, each part has access to an existing public right-of-way abutting each part of the subdivided property, on which right-of-way is constructed a publicly maintained paved street or road, unless access by some other means has been previously approved by the City Council.
  4. If the subdivided property will be strictly agricultural and will create no need for new public streets, water, sewer or storm drainage and will not interfere with the extension of such public facilities. Agricultural use does not include the processing of agricultural products or livestock feeding, exhibition or sales facilities.

1.2Jurisdiction

From and after the date of its adoption, this ordinance shall govern all subdivisions of land within the corporate limits of the City of Lone Oak and within its extra-territorial jurisdiction, if or when the City gains such jurisdiction, (herein referred to as "ETJ") as provided under Chapter 212 of the Local Government Code.

1.3Subdivision Process

The owner of a tract of land located within the corporate limits (or in the extra-territorial jurisdiction, if applicable) of the City of Lone Oak who divides the tract into two (2) or more parts must comply with the subdivision process prescribed in this ordinance. The owner or his or her agent must have a plat of the subdivision prepared for review, approval, and recording pursuant to this ordinance (see definition of "subdivision" in this ordinance).

All contiguous land which is intended to be sold or developed or which is under the ownership of the applicant shall be included on the plat. If the applicant intends to subdivide a portion of his or her property for the purposes of sale or development, and the balance of the property is to remain undeveloped or unimproved, such remaining portion shall be designed as a future development phase and shall not be required to be included on the final plat, unless the Ordinances of the City of Lone Oak require dedication of right-of-way, easements, or land for streets, drainage, utilities, parks, or other public purposes on such property. In either case, however, a boundary description of the entire tract shall be provided on the plat.

The subdivision planning and approval process consists of two (2) separate phases. The initial phase is the preparation and submission of the preliminary plat of the proposed subdivision. This phase is the most significant phase in the planning process since it will demonstrate the suitability of the proposed subdivision design and its compliance with the objectives of this ordinance. The second phase is the preparation and submission of a final plat with construction plans. In the case of minor plats, replats, vacating plats and amending plats, only a final plat may be required. The final plat is the instrument which creates new legal boundaries when signed by the Mayor or his designated representative and recorded in the office of the CountyClerk.

For a flow chart of the subdivision process, see Subdivision Appendix A.

1.4Fees

  1. Preliminary plats shall be accompanied by a filing fee of $100 plus $2 per lot.
  2. Final plats shall be accompanied by a filing fee of $100 plus $2 per lot.
  3. Vacating plats, amending plats and replats shall be accompanied by a filing fee of $100 plus $2 per lot.
  4. Minor plats shall be accompanied by a filing fee of $100 plus $2 per lot.
  5. Requests for waivers/variances require no fees.

Filing Fees shall be paid by cash or check to the City of Lone Oak, Texas. These fees shall be charged on all plats, regardless of the action taken by the City Council. The fees and charges set forth and/or established herein may be changed and amended from time to time by resolution of the City Council.

1.5Notice and Hearing Requirements

Notice of hearings for preliminary plat approval and other approvals requiring notice and hearings shall be given in advance in the following manner:

  1. Publication at least fifteen (15) days in advance of hearing being published in a paper of general circulation in HuntCounty.
  2. If the plat is a re-plat, written notice of the public hearing must be forwarded by the City to owners (as the ownerships appear on the last approved ad valorem tax roll of such governing body) of all lots in the original subdivision not less than fifteen (15) days prior to the date of such hearing; such notice may be served by depositing the same, properly addressed and postage paid, in a post office within the City in accordance with Local Government Code Chapter 212.

1.6Preliminary Plat

  1. Pre-filing Review

1)Purpose

The Purpose of a Pre-filing review is for the Subdivider and local officials to discuss development patterns and develop a concept plan prior to the applicant preparing expensive engineering drawings needed for the Preliminary Plan. City interest is in the orderly planning and adequate provision of roads, utilities, drainage, and other public facilities, and consistency to the City Comprehensive Plan. By providing for early discussion between staff and developers regarding planning concerns and city requirements, the Pre-filing Review provides developers with a potential opportunity to reduce engineering costs during the early planning stages of development, enhance communications and improve understanding of regulations governing the subdivision of land, reduce problems, highlight opportunities, and, most importantly, potentially expedite city approval of the project. This pre-filing review is strongly recommended for all development proposals, but is not mandatory. However, the City Council may grant lot coverage, lot density per acre and/or height bonuses to applicants who complete sections A 2, 3, and 4 below.

2)Submission Requirements

The Subdivider should provide to the City Secretary at least one week in advance of a scheduled meeting between Subdivider and City Staff five (5) copies of two scaled representations described in 2 a. and 2 b. below. The representations should be in an 11x17 reproducible format and provided on compact disc in digital format. Names, addresses, and phone numbers of the owner (s) of record and of the developer, if different, as well as the contact person or agent shall be printed on the two representations.

  1. Context Map superimposed on an aerial photograph, USGS topographic sheet, FEMA floodplain map, tax map or other published source showing the relationship of the proposed site to natural features and development patterns on properties within one-half mile of the development site. The Context Map should show streets, land uses, improvements, and significant natural features within one-half mile of the development site. A scale shall be shown on the map.
  2. Existing Resources/Site Analysis Plan: The drawing shall be produced by a physical planner or landscape architect at a scale of 1:100 or 1:200. It shall show all the natural and cultural features located on the property including but not limited to:
  3. Existing on-site improvements and easements;
  4. Existing natural features, including but not limited to, significant vegetation and trees, riparian components and other natural drainage features, and topographic features;
  5. Identification of known exceptional topographical, cultural, historical, archeological, hydrological, or any other physical conditions of the property to be developed;
  6. A table identifying proposed land uses, including number of residential lots, non-residential uses and parks and open spaces

3)Site Walk

The Subdivider and representation designer; designated city planning official; at least one planning body official; and at least adjacent property owner shall meet on the site with the Context Map and the Existing Resources/Site Analysis Plan and walk the extent of the property. The purpose of the Site Walk is to receive feedback from city officials and abutting property owners on significant cultural and natural features that should be protected.

4)Sketch Plan

After the site walk, the Subdivider shall submit a Sketch Plan on white tracing paper as an overlay sheet to be placed on top of the Existing Resources/Site Analysis Plan. The Plan shall be prepared by a landscape architect working with a civil engineer. The Sketch Plan will identify an overall site concept for development, showing areas of proposed development (the development footprint), phasing, if applicable, and areas of proposed conservation. The Sketch Plan should be created using a four-step process in the following order:

  1. Identifying potential conservation/open space areas, “Greenway lands,” in relation to natural and cultural constraints on the property, including mature woodlands, rock outcroppings and associated semi-rare wildflowers, meadows, views into the property from existing town roads, and hedgerows bordering prior uses on the property.
  2. Locating house sites near open space/conservation areas for marketing and quality-of-life advantages
  3. Aligning streets, paths and trails to accommodate multi-modal transportation needs; connect various parts of the neighborhood, connect the neighborhood to adjacent neighborhoods, and to community facilities and/or thoroughfares.
  4. Sketching proposed lot lines.

The designated planning official will review the sketch plan

and provide written feedback based on the following criteria:

  1. Incorporation of ideas discussed in the Site Walk,
  2. Preservation of natural resources, including mature woodlands, rock outcroppings and associated semi-rare wildflowers, meadows, views into the property from existing town roads, and hedgerows bordering prior uses on the property;
  3. Use of the four-step process outlined above in Part A (4 i-iv)
  4. The design’s efficient provision of services and infrastructure, including the opportunity to reduce length of roads, utility runs, impervious cover; and decrease energy costs by streets having an east-west orientation, if possible.
  5. Greenway land siting in accordance with the Potential Conservation Lands map in the Comprehensive Plan, where applicable, and its ability to forward Comprehensive Plan goals of a community-wide conservation network of open spaces to protect the integrity of the town’s natural resources for present and future residents.
  6. Protection of water quality and reduced erosion and sedimentation by retaining existing vegetation and minimizing development on steep slopes;
  7. Location of house sites near open space/conservation areas for marketing and quality-of-life advantages
  8. Alignment of needed streets, paths and trails to accommodate multi-modal transportation needs; connect various parts of the neighborhood, including the Open Spaces; and connect the neighborhood to adjacent neighborhoods’ and to community facilities, schools and/or thoroughfares.
  9. Lot density in accordance with the City’s Zoning Ordinance.

5)Review expenses

Should the designated planning official deem it necessary to consult the landscape architect or physical planner hired by the Applicant, or the City engineer or a landscape architect or physical planner of the city’s choosing to complete the Sketch Plan review, the Applicant will be billed for the consultant fee up to, but not exceeding, $2,000.

6)Development Rights

The voluntary submission of a Pre-filing Review Development Proposal shall not be deemed an application for a permit. It is not the first permit in a series of permits required for a project. Any plan submitted pursuant to this section will not be considered to be a Preliminary Plan or Final Plan in accordance with this Subdivision Ordinance. The City is under no obligation to make any formal decision with respect to completion of the Pre-filing Review Development Proposal.

No development right, if any, may vest upon the submission of a Pre-filing Review Development Proposal. The city rules and regulations applying to property are subject to modification and revision until a Preliminary Plat is approved by City Council.

7)Expiration

The Pre-filing Review Development Proposal shall expire 18 months after the submittal date unless a Preliminary Plat is approved by City Council.

  1. Preliminary Plat Procedures

1)Preliminary Plat Filing Time. The time required to review and process the preliminary plat shall be a maximum of thirty (30) days following receipt of the complete application, preliminary plat, and all required support documents. Plats shall not be reviewed by the City Council until all required documents have been received.

2)Form and Content. The purpose of the preliminary plat is to provide the City Council with adequate information to determine whether the proposed development complies with the objectives and requirements of this ordinance, the zoning ordinance, and the Comprehensive Plan. The developer shall submit to the City Secretary six (6) copies of the preliminary plat drawn at a scale of one (1) inch to one hundred (100) feet or larger if necessary and a photocopy of the owner(s) deed. Specific information to be included on the preliminary plat shall include the following:

a.General

  1. Certificate Of Ownership and Dedication in the form found in Section 1.21.Date prepared, legend, graphic scale and true North arrow.
  2. Proposed name and location of subdivision, the name and address of the owner r owners and the name of the designer of the plat.
  3. Location map at a scale of one inch to one thousand feet (1":1,000').
  4. Number of all lots and blocks for each lot or tract.
  5. Title affidavit or a title report.

b.Improvements

The location and size of existing and proposed improvements within, adjacent to, or for use by the subdivision, whether above or below grade, including but not limited to: