cityofellinger
- Mar 24, 2023
- 57 min read

Ordinance 2023-01 Subdivisions

CITY OF ELLINGER

SUBDIVISION ORDINANCE

ordinance NO. 2023- 01

an ordinance of the city of ELLINGER, texas, regulating subdivisions in the city of ELLINGER and the City of ELLINGER’s extraterritorial jurisdiction, providing for enforcement of the ordinance; Setting procedures for the application for and approval of preliminary and final plats; Establishing standards for public utilities, property, park dedication, streets, and drainage; establishing requirements for construction plans; including findings of fact, enactment provisions, repealer, severability, publication, effective date, public notice & meeting.

WHEREAS, the City Commission of the City of Ellinger (“City Commission”) finds that regulating the development of subdivisions is in the City’s interest;

WHEREAS, pursuant to Texas Local Government Code Chapter 51 the City Commission has the general authority to adopt and publish an ordinance or police regulation that is for the good government, peace or order of the municipality and is necessary or proper for the carrying out a power granted by law to the municipality; and

WHEREAS, the City Commission hereby adopts subdivision regulations as authorized by Chapter 212 of the Texas Local Government Code;

WHEREAS, the City Commission wishes to set forth by ordinance the regulations that apply to proposed subdivisions inside the City limits and the City’s extraterritorial jurisdiction consistent with State law and the benefits to the City; and

NOW, THEREFORE, be it ordained by the City Commission of Ellinger, Texas, that:

1. findings of fact

The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as if expressly set forth herein.

2. ENACTMENT

The laws of the City of Ellinger shall hereby read in accordance with Exhibit A, which is attached hereto and incorporated into this Ordinance for all intents and purposes.

3. repealer

All ordinances, or parts thereof, that are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters regulated, herein.

4. severability

Should any of the clauses, sentences, paragraphs, sections or parts of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this Ordinance.

5. publication

The City is hereby directed to record and publish the attached rules, regulations and policies in and among the records of the City, as may be required by law.

6. effective date

This Ordinance shall be effective immediately upon passage and publication as provided for by law.

7. proper notice & meeting

It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public, and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Texas Government Code, Chapter 551. Notice was also provided as required by Chapter 52 of the Texas Local Government Code.

PASSED & APPROVED, this, the 23rd day of February 2023, by a vote of 3 (ayes) to 0 (nays) with no (abstentions) of the City Commission of the City of Ellinger, Texas.

CITY OF ELLINGER:

_________________________

Hon. Matt Mikulenka, Mayor

ATTEST:

_________________________________

By: Joseph J Lamer

Approved as to form:

Luke A. Cochran, City Attorney

Exhibit A

Sec. 1.101 Administration

(a) Short Title. This Ordinance may be known and cited as the “City of Ellinger Subdivision Ordinance” and will be referred to herein as “this Ordinance”.

(b) Authority. This Ordinance is adopted under the authority of the Constitution and laws of the State of Texas, including Chapter 212 of the Texas Local Government Code.

(c) Purpose. This Ordinance was created to provide for the orderly, safe and healthful development of the area within the City and within the extraterritorial jurisdiction of the City; promote the health, safety and general welfare of the community; establish orderly policies and procedures to guide development of the City; provide for establishment of minimum specifications for construction and engineering design criteria to maintain land values, reduce inconveniences to residents of the area, and to reduce related unnecessary costs to the City for correction of inadequate environmental conditions; ensure that development of land and subdivisions shall be of such nature, shape and location that utilization will not impair the general welfare and to ensure against the dangers of fires, floods, erosion, landslides, or other such menaces; provide proper utilities and services for adequate drainage, water supply, and disposal of sanitary and industrial waste; provide streets that ensure safe, convenient and functional systems for vehicular and pedestrian circulation; furnish adequate sites, convenient to schools, parks, playgrounds, and other community services, respecting topography and existing vegetation so that the natural beauty of the land shall be preserved.

(d) Interpretation. In the interpretation and application of the provisions of these regulations, it is the intention of the City Commission that the principles, standards and requirements provided for herein shall be minimum requirements for the platting and developing of subdivisions in the City of Ellinger and the City’s extraterritorial jurisdiction, and, where other ordinances of the City are more restrictive in their requirements, such other ordinances shall control.

(e) Fees. The following schedule of fees and charges shall be paid to the City when any plat is tendered to the City Commission, or any other authorized board, agency, or official of the City. Each of the fees and charges provided herein shall be paid in advance, and no action of the City Commission, or any other board, agency, or official shall be valid until the fee or fees shall have been paid to the designated officer therein.

i. These fees shall be charged on all plats, regardless of the action taken by the City Commission, and whether the plat is approved or denied.

ii. The Sub divider shall cause a check to be made payable to the City of Ellinger to cover all recording fees involved in finishing the platting process and shall have this delivered to the City prior to the submission for approval of a final plat.

iii. The Subdivision Administrator shall calculate the fees and charges in accordance with Table 3 below. The Subdivision Administrator may require a deposit for the reasonably anticipated cost of engineering and legal review.

TABLE 3

SCHEDULE OF FILING FEES

Concept Plan

$200.00

Preliminary Plat

$375.00 + $10.00/lot + Actual Cost of Engineer and Legal Review

Final Plat

$375.00 + $10.00/lot + Actual GIS Cost + Actual Cost of Engineer and Legal Review

Construction Plan Review

$200.00 + Actual Cost of Engineer and Legal Review

Minor Plat

$250.00 + $10.00/lot + Actual Cost of Engineer and Legal Review

Re-plat/Amended Plat

$250.00 + $10.00/lot + Actual GIS Cost + Actual Cost of Engineer and Legal Review

(f) Severability & Validity. It is hereby declared to be the intention of the City Commission that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared invalid by the valid judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Commission without the incorporation in this Ordinance of any such invalid phrase, clause, sentence, paragraph or section.

(g) Amendment. The City Commission may from time to time amend this Ordinance, in accordance with appropriate procedures provided by law. It is the responsibility of the Developer to obtain the most current City of Ellinger Subdivision Ordinance as adopted by the City Commission.

SEC. 1.102 Requirements

(a) Compliance to This Ordinance. No Developer shall subdivide any tract of land that is located within the City or within its exclusive extraterritorial jurisdiction except in conformity with the provisions of this Ordinance.

(b) Compliance with Other Ordinances. All subdivisions and development shall comply with other adopted ordinances whether specified herein.

(c) Plat Required. The owner of a tract of land located within the corporate limits or in the extraterritorial jurisdiction of the City of Ellinger who divides the tract into two or more parts to lay out a subdivision of the tract, including an addition to the City of Ellinger, to lay out suburban, building or other lots, or to lay out streets, alleys, squares, parks or other parts of the tract intended to be dedicated for public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks or other parts must have a plat of the subdivision prepared. A division of a tract under this Ordinance 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. The following are exempt from the plat requirements of this Ordinance: 1) an owner subdividing land into parcels of not less than five (5) acres each where each parcel has access and no public improvement is being dedicated; 2) transfer of ownership to heirs of an estate; and 3) an owner subdividing land where the subdivided parcel is transferred to someone within the third degree of consanguinity or affinity and the parcel is to be used for a homesteaded singly family dwelling.

(d) Certification RegardingCompliance with Plat Requirements. On the written request of a Developer, a utility provider, or a governing body, and in compliance with Section 212.011 of the Texas Local Government Code, as amended, the City shall make the following determinations regarding the tract of land identified in the request:

1. Whether a plat is required under this Ordinance for the tract of land; and

2. If a plat is required, whether it has been prepared and whether it has been reviewed and approved by the City Commission, as applicable.

If the City determines that a plat is not required, a written certification of that determination shall be issued to the requesting party. If the City determines that a plat is required and that the plat has been prepared and has been reviewed and approved by the City Commission, the City shall issue to the requesting party a written certification of that determination.

The City shall make a determination within twenty (20) days after the date the written request is received and shall issue a written certification of that determination, within ten (10) days after the date the determination is made.

(e) Notification of Action Taken. The City shall issue to the Developer a certificate, as required by Section 212.011 of the Texas Local Government Code stating that the plat, including final, replat or amendments, has been reviewed and approved by the City Commission.

(f) Penalty for Violation. Any person, firm or corporation who shall violate any of the provisions of this Ordinance or who shall fail to comply with any provision hereof shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed Two Thousand and No/100 Dollars ($2,000.00) per day, pursuant to Chapter 54 of the Texas Local Government Code, as amended, and each day that such violation continues shall constitute a separate offense and shall be punishable accordingly. Prosecution or conviction under this Ordinance shall never be a bar to any other remedy or relief for violations of this Ordinance.

(g) Improvements Required. The Developer shall furnish, extend, install and/or construct all infrastructures, including but not limited to, the water and sanitary sewer systems and the street and drainage facilities necessary for the proper development of the subdivision. All such facilities shall be designed and constructed in accordance with the Design Standards included in this Ordinance as Exhibit “A” and other standards, specifications and drawings as may be hereafter adopted, approved by the City Commission and placed on file in the office of the City.

Where considered necessary by the City Engineer and/or the City, the facilities shall be sized in excess of that dictated by the Design Standards included in this Ordinance as Exhibit “A” to provide for future growth and expansion, and construction of sanitary sewer systems may be required regardless of whether sanitary service is currently provided at the location of the subdivision being constructed.

SEC. 1.103 Enforcement

(a) Conditions for Filing Plat. A subdivision plat shall not be filed of record until it has been approved by the City Commission, the Developer has completed improvements and provided required maintenance or surety bond(s), and such improvements have been properly inspected, approved and dedicated to the City. Any actual recording shall be void unless such approval shall be endorsed on the face of the plat as hereinafter provided.

(b) No Construction until Plat Approved. No construction work shall begin on the proposed improvements in the proposed subdivision prior to the final plat being approved by the City Commission.

(c) No Plat Changes without Approval. No changes, erasures, modifications or revisions shall be made to any plat of a subdivision after approval has been given by the City Commission and endorsed on the plat in writing, unless said change, revision or modification is first submitted to and approved by the City Commission.

(d) No Building Permit without Services. Building permits shall only be issued by the City for any structure on any lot in a subdivision that is serviceable by the Ellinger Sewer & Water Supply Corporation sanitary sewer collection system. In the event the Ellinger Sewer & Water Supply Corporation sanitary sewer collection system is unavailable, the use of an approved on site sewer facility system may be authorized in writing by the City, provided that the same is licensed by the Texas Commission on Environmental Quality or its applicable agent. All buildings must have a potable onsite water source and a fresh water distribution system. All onsite facilities must be approved by the duly authorized governmental authority.

(e) No Permits without Full Compliance. No building, repair, plumbing or electrical permit shall be issued by the City for any structure on a lot in a subdivision for which a final plat has not been approved and filed for record, nor for any structure on a lot within a subdivision which the standards contained herein or referred to herein have not been complied with in full.

(f) No City Authorization without Full Compliance. The City shall not authorize any other person nor shall the City itself repair, maintain, install or provide any streets or public utility services in any subdivision for which the standards contained herein or referred to herein have not been complied with in full.

The City shall not authorize any other person nor shall the City itself sell or supply any water, gas, electricity or sanitary sewer service within a subdivision for which a final plat has not been approved or filed for record, nor in which the standards contained herein or referred to herein have not been complied with in full.

(g) No Dedications on Disapproved Plats. Disapproval of a plat by the City Commission shall be deemed a refusal by the City to accept the offered dedications shown thereon. Approval of a plat shall not impose any duty upon the City concerning the maintenance or improvement of any such dedicated parts until the proper authorities of the City have actually accepted the same by express written acceptance, entry, use or improvement. The City Commission, in any manner provided by law, may vacate any such dedication, before or after actual acceptance.

SEC. 1.104 Definitions

Addition: See Subdivision.

Administrative Minor Plat: A plat, having four (4) lots or fewer, where all required infrastructure is present, may be approved administratively by the City.

Alley: A minor public right-of-way generally twenty (20) feet in width, having no official name and not intended to provide the primary means of access to abutting lots which is used primarily for public utilities and vehicular service access to the back or sides of properties otherwise abutting on a street. The alley shall extend only secondary access to the abutting property unless approved by site plan or existing zoning.

Base Flood: The flood having a one (1) percent chance of being equaled or exceeded in any given year, determination based upon Federal Emergency Management Agency (FEMA) guidelines and as shown in the current effective Flood Insurance Study.

Block: A tract or parcel of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad right-of-ways, highway, stream or corporate boundary lines.

Building: Any structure built for support, shelter or enclosure of persons, animals or movable property of any kind.

Building Official: The position charged with the responsibility for issuing building permits and enforcing the Building Code of the City of Ellinger, Texas, as employed by the City and designated by the Mayor.

Building Permit: An official certificate issued by the City through the Building Official that indicates that the subdivision has been approved, the plat has been recorded and that construction may begin.

Building Setback Line: The line within a property defining the minimum horizontal distance between a building or other structure and the adjacent street line or property line.

Certificate of Occupancy: An official certificate issued by the City through the Building Official which indicates conformance with City standards, regulations and conditions of zoning variances, if applicable, and that authorizes legal use of the premises.

City: The City of Ellinger, Texas, together with all its governing and operating bodies.

City Attorney: “City Attorney” shall apply only to such licensed attorney or law firm that has been specifically designated as such by the City Commission or the person so retained in this position by the City or their duly authorized representative.

City Commission: The duly elected governing body of the City of Ellinger, Texas.

City Engineer: "City Engineer" shall apply only to such licensed professional engineer or firm of licensed professional engineers that has been specifically designated as such by the City Commission or the person so retained in this position by the City or their duly authorized representative.

Construction Plans: A set of drawings and/or specifications, including paving, water, wastewater, drainage or other required plans, submitted to the City for review in conjunction with a subdivision or a development.

County: Fayette County, Texas.

Cul-de-sac: A street having but one outlet to another street and terminated on the opposite end by a vehicular turnaround.

Design Standards: The design criteria and construction standards provided in this Ordinance in Exhibit “A”.

Developer: Any person, corporation, other entity or any agent thereof dividing or proposing to divide land so as to constitute a subdivision as that term is defined herein. In any event, the term "developer" shall be restricted to include only the owner, equitable owner or authorized agent of such owner or equitable owner of land to be divided.

Easement: An area for restricted use on private property upon which any public utility shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs or other improvements or growths which in any way endanger or interfere with the construction, maintenance or efficiency of its respective systems on any of these easements. Any public utility shall at all times have the right of ingress and egress to and from and upon the said easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining and adding to or removing all or part of its respective systems without the necessity at any time of procuring the permission of anyone.

Engineer: A person duly authorized under the provisions of the Texas Engineering Practice Act, as heretofore or hereafter amended, to practice the profession of engineering and who is specifically qualified to design and prepare construction plans and specifications for subdivision development.

Extraterritorial Jurisdiction (ETJ): The unincorporated area of the County that is contiguous to the corporate boundaries of a municipality, more specifically described in Section 42.021 of the Texas Local Government Code, as may exist or be amended in the future.

Final Acceptance: Acceptance by the City of Ellinger of all infrastructure improvements constructed by the Developer in conjunction with the development of land.

Final Plat: (Also known as Record or Filing Plat) The one official plat and authentic map of any given subdivision of land prepared from actual field measurement and staking of all identifiable points by a Surveyor or Engineer with the subdivision location referenced to a survey corner and all boundaries, corners and curves of the land division sufficiently described so that they can be reproduced without additional references.

Angular measurements and bearings shall be accurate to the nearest minute. Distances shall be accurate to the nearest tenth of a foot. The final Plat of any lot, tract or parcel of land shall be recorded in the Official Records of Fayette County, Texas.

Flood Plain: The area subject to be inundated by water from the base flood.

Floodway: A drainage area designated on a plat to accommodate the design flood for existing creeks and open drainage ways.

Infrastructure: All streets, alleys, sidewalks, storm drainage, water and wastewater facilities, utilities, lighting, transportation and other facilities as required by the City of Ellinger.

Lot: An undivided tract or parcel of land under one ownership having frontage on or access to a public street 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 lot or tract number or symbol in a duly approved subdivision plat which has been properly filed of record.

Off-site: Located outside the boundary of a development.

On-site: Located within the boundary of a development.

Pavement Width: The portion of a street available for vehicular traffic is the portion between the edges of the pavement.

Plat: A map of a subdivision showing the location and boundaries of actual or proposed tracts and/or lots as well as other information including streets and alleys, countours, easements, survey, distance information and other required items.

Preliminary Plat: The graphic expression of the proposed overall plan for subdividing, improving and developing a tract shown by superimposing a scaled drawing of the proposed land division on a topographic map and showing in the plan existing and proposed drainage features and facilities, street layout and other pertinent features with notations sufficient to substantially identify the general scope and detail of proposed development.

Replat: The re-subdivision of any part or all of any block or blocks of a previously platted subdivision, addition, lot or tract.

Resubdivision: See Subdivision.

Right-of-Way: That portion of the subdivision dedicated for public streets or public right-of-way purposes with the adjacent lot lines being the boundaries of the right-of-way.

Street: A public right-of-way, however designated, which provides vehicular traffic access to adjacent lands.

Subdivision: (Includes Resubdivision and Additions) A subdivision is the division of a tract of land within the City of Ellinger, Texas, or its extraterritorial jurisdiction into two or more parts (by lots, by metes and bounds or by any other method of subdivision or conveyance) for the purpose of thereby creating separate lots for ownership, usage or building purposes; for laying out any suburban lots or building lots, or any lots, streets, alleys or parks; or other portions intended for public use, or the use of purchasers or owners of lots fronting thereon or adjacent to the streets, alleys and parks. The term includes any other subdivision or resubdivision of land contemplated by the provisions of Chapter 212 of the Texas Local Government Code. The following are exempt from the subdivision definition of this Ordinance: 1) an owner subdividing land into parcels of not less than five (5) acres each where each parcel has access to a street and no public improvement is being dedicated; 2) transfer of ownership to heirs of an estate; and 3) an owner subdividing land where the subdivided parcel is transferred to someone within the third degree of consanguinity or affinity and the parcel is to be used for a homesteaded singly family dwelling.

Surveyor: A Licensed State Land Surveyor or a Registered Professional Land Surveyor as authorized by the Texas State statutes to practice the profession of surveying.

SEC. 1.105 General Subdivision Development

(a) All property not subdivided into lots, blocks and streets, or property to be resubdivided, within the City or within its extraterritorial jurisdiction shall hereafter be laid out subject to the approval of the City Commission and no other subdivision will be recognized by the City.

(b) Developers may, and are encouraged to, meet with the City prior to submitting a preliminary plat in order to obtain appropriate information and feedback in the preparation of a subdivision plat.

(c) Prior to the consideration of the plans and plats by the City Commission, the City Engineer and City Attorney shall review the submittal and provide comments regarding compliance with the City’s subdivision regulations.

SEC. 1.106 Procedure Summary

(a) Conformance to Procedure. Any owner or Developer of any lot, tract or parcel of land located within the corporate limits of the City or within its ETJ who may wish to effect a subdivision of such land shall conform to the general procedure described as follows:

1. Pre-application Conference.

2. Preliminary Plat.

3. Final Plat and Construction Plans.

4. Posting of Performance Bonds.

5. Construction Improvements.

6. Posting of Maintenance Bonds.

7. City Acceptance of Improvements.

8. Filing of the Final Plat.

(b) Unauthorized Changes Prohibits Filing. Any change in the Preliminary Plat directed by the City Commission, unless accepted by the Developer and the Final Plat so changed, shall prohibit the Developer from recording the Final Plat.

SEC. 1.107 Procedure for Application Submittal

(a) Filing of an Application. Pursuant to Texas Local Government Code, Chapter 245, as amended, the rights to which an applicant is entitled shall accrue on the filing of a complete application that gives the City fair notice of the project and the nature of the permit sought. A complete application is considered filed on the date the applicant mails by certified mail or delivers the application to the following address:

City of Ellinger

Attn: Mayor

P.O. Box 40

Ellinger, TX 78938

(b) Filing Date of Application. An application for approval of a plat, including preliminary, final, replats and amendments, shall be filed with the City by the applicant in accordance with the Official Filing Date schedule. An application for approval of a plat not submitted in accordance with the Official Filing Date schedule may be subject to disapproval.

(c) Review for Application Completeness. The City shall determine if the application for approval of a plat meets all of the content requirements of this Ordinance. An incomplete application will be returned to the applicant within ten (10) business days following the date of filing. The City shall notify the applicant in writing of the noted deficiencies. Upon correction of the deficiencies, the application may be resubmitted on a subsequent Official Filing Date.

(d) Withdrawal of an Application. At any time during the platting process, the applicant may make a request in writing to the City that the Plat, including a preliminary, final, replats or amendments, be withdrawn from the present consideration of the City Commission. Such written request abandons the initial filing date with such body and designates a subsequent date to be the new filing date for the plat before that body. The applicant may be permitted, without the necessity of paying an additional filing fee, to withdraw and refile the plat with such body on the new filing date designated in the written request.

SEC. 1.108 Preliminary Plat – General Requirements

(a) Preliminary and Final Plat Required. Except as provided in subsection (c) below, for all property which must be platted, a Preliminary Plat is required.

(b) Preliminary Before Final. No Final Plat will be accepted for consideration if the City Commission has not approved the Preliminary Plat.

(c) Requirement Waived. For property which is less than three (3) acres in area and contains no infrastructure improvements to be dedicated to the City, the City may waive the requirement for a Preliminary Plat.

(d) Administrative Minor Plat Approval. A preliminary and final plat submitted having four (4) lots or less may be approved administratively by the Mayor pursuant to Texas Local Government Code, Section 212.0065.

(e) Registered Surveyor or Engineer Required. All preliminary plats must be prepared by a Registered Professional Surveyor or Engineer.

(f) Positive Recommendation not Acceptance. Recommending approval of the Preliminary Plat by the City Commission does not constitute official acceptance of the proposed subdivision by the City.

SEC. 1.109 Preliminary Plat - Application Form and Content

(a) Application Submittal. The Developer shall provide six (6) 18” x 24” bond copies and ten (10) copies of a maximum size of 81/2” x 14” of the Preliminary Plat.

(b) Fees Required. The submittal shall include payment of the required fees as provided for in the fee schedule in the Schedule of Fees adopted by the City. The City will consider no Preliminary Plat until the prescribed fees have been paid in full.

1. The Preliminary Plat shall be drawn to a scale such that the maximum possible detail is shown and still fit on an 18” x 24”.

2. Include the name and address of the Developer and the Engineer or Surveyor responsible for the design or survey, tract designation and other descriptions according to the abstract and survey records of Fayette County, Texas.

3. Include the proposed name under which the subdivision is to be recorded. The name shall not have the same spelling as or be pronounced similar to the name of any other subdivision located within the City or within the City’s ETJ.

4. The Preliminary Plat shall include an accurate location of the subdivision with reference to the abstract and survey records of Fayette County, Texas.

5. Include the name and recording information for any contiguous subdivisions, the location of any contiguous lots, which shall be drawn to the same scale and shown in dotted lines adjacent to the tract proposed for subdivision in sufficient detail to show accurately the existing streets and alleys; the name of owners and recording information for any contiguous parcels of unsubdivided land and an indication of whether contiguous properties are platted and filed of record.

6. Include a vicinity map showing location of tract by reference to existing streets or highways.

7. Include the location of city limit lines, the City's extraterritorial jurisdiction boundary lines and zoning district boundaries (if applicable), if they traverse the subdivision, form part of the boundary of the subdivision, or are contiguous to such boundary.

8. Include conditions adjacent to the tract affecting design of the subdivision including such information as may be available from field observation, aerial photographs and available maps.

9. Include the date of preparation, the scale of the drawing and a north arrow.

10. Name the responsible entity for the operation and maintenance of any building, park, equipment, pools, plantings, lawns or other legal interests, if it is proposed that they are to be shared by owners of the real property within the subdivision.

11. Private restrictions.

12. STATE OF TEXAS § § CERTIFICATE OF SURVEYOR COUNTY OF _________ § I, the undersigned, a (registered professional land surveyor) in the State of Texas, hereby certify that this plat is true and correct and was prepared from an actual survey of the property made under my supervision on the ground. (Surveyor's Seal) Registered ProfessionalLand Surveyor Date: Certification by a Registered Professional Land Surveyor to the effect that the plat represents a survey made by the surveyor and that all the monuments shown thereon actually exist and that their location, size and material description are correctly shown (see example below).

13. A certificate of ownership and dedication of all streets, alleys, parks, easements, trails and playgrounds to public use forever by all owners and Lien Holders of the land, with a certificate of acknowledgment by a Notary Public, along with a complete and accurate metes and bounds description of the boundary of the land to be subdivided and STATE OF TEXAS § § OWNER'S § ACKNOWLEDGMENT & § DEDICATION COUNTY OF _________ § I (we), the undersigned, owner(s) of the land shown on this plat within the area described by metes and bounds as follows: (Metes and Bounds Description of Boundary) and designated herein as the subdivision to the City of Ellinger, Texas, and whose name is subscribed hereto, hereby dedicate to the use of the public forever all streets, alleys, parks, water courses, drains, easements, rights-of-way and public places thereon shown for the purpose and consideration therein expressed. Owner Date: STATE OF TEXAS § § COUNTY OF _________ § BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein stated. Given under my hand and seal of office this day of , . NOTARY PUBLIC County, Texas the streets to be dedicated (see example below).

14. Letters of approval for acceptance by the following entities and/or utilities as affected by the property being platted:

i. Texas Department of Transportation

ii. Any other holder of dedicated easements or rights-of-way within or immediately adjacent to property.

15. The following certificates shall be placed on the Preliminary Plat:

THE CITY COMMISSION OF ELLINGER, TEXAS ON THE ___ DAY OF __________________VOTED AFFIRMATIVELY TO RECOMMEND CONDITIONAL APPROVAL OF THIS PRELIMINARY PLAT, SUBJECT TO CONDITIONS ENUMERATED IN MINUTES OF THIS DATE.

BY:

Mayor

ATTEST: _______________________________

City Commissioner

(d) Property. The Preliminary Plat shall include the following property information:

1. Provide the location of existing blocks, lots, building lines, water courses, ravines, bridges, culverts, present structures and any pertinent natural features in the area affected. Principal dimensions and all significant information relative to the property and within one hundred feet (100') on all sides of the subject property shall be shown.

2. Include primary control points or descriptions and ties to such control points to which all dimensions, angles, bearings, block numbers and similar data shall be referred.

3. Include subdivision boundary lines, accurate in scale and indicated by heavy lines, of the total area proposed for subdivision and the computed acreage of the total area. Bearing and length of each boundary line shall be shown on the plat. A description by metes and bounds of the subdivision perimeter must be shown on the plat.

4. Include the location and dimensions of all existing and proposed right-of-ways, alleys, reservations, easements or other public right-of-ways within the proposed subdivision, intersecting or contiguous with its boundaries or forming such boundaries.

5. Include all existing, or recorded, and proposed lots, parks, public areas, permanent structures within or contiguous with the proposed subdivision shall be shown.

6. Include the location and dimensions of all lots and blocks with bearings, distances and all relevant curve data proposed for inclusion in the first phase of development.

7. Include the gross area of the subdivision, the proposed number of lots and the area of the individual lots and the approximate area of parks and other non-residential uses.

8. Identify each lot and block with a number or letter.

9. Indicate proposed phases for final platting.

(e) Public Utilities. The Preliminary Plat shall include the following public utility information:

1. The Preliminary Plat shall include all existing sewers, water mains, gas mains, electric and telephone lines, culverts or other underground structures or utilities within the tract and immediately adjacent thereto with pipe sizes and locations indicated.

2. In the event water mains and sewers are not on or adjacent to the tract, indicate the direction, distance and size of the destination mains, including invert elevations of the sewer lines.

3. As part of the review and comment of the preliminary plat, the size and location of all proposed water distribution mains, including valves and fire hydrants, may be required by the City Engineer.

4. As part of the review and comment of the preliminary plat, the size and location of all proposed sewer mains, including manholes, preliminary grades for each main between manholes and the depth of each manhole may also be required by the City Engineer. This information is also required in a City of Ellinger approved electronic format.

(f) Park Dedication. The Preliminary Plat shall show all areas proposed for park dedication and green space.

(g) Streets. The Preliminary Plat shall include the following street information:

1. Indicate all existing and proposed streets within and abutting the proposed subdivision. All streets shall conform to the Design Standards included in this Ordinance as Exhibit “A”. All pavement widths shall be dimensioned perpendicular to the direction of travel and shall be clearly shown on the Preliminary Plat.

2. When the Preliminary Plat includes curved streets, all relevant curve data including arc lengths, radii, internal angles, points of curvature, and length and bearing of tangents shall be shown. For lots facing on curved streets, the cord length of the lot at the front building setback line shall be shown.

(h) Drainage. The Preliminary Plat shall include the following drainage information:

1. The Preliminary Plat shall include topographical information including contour lines on a basis of five foot (5’) intervals in terrain with a slope of five percent (5%) or more and on a basis of one foot intervals in terrain with a slope of less than five percent (5%). All elevations shall be on U.S.G.S. datum or referenced to a City of Ellinger approved benchmark on the same datum. The datum used shall be specified on the drawing.

2. Any proposed changes in topography shall be shown by contour lines on a basis of one foot (1’) intervals.

3. Include a description of contributing drainage to the proposed subdivision. The submittal shall include the area, slope and type of development in the contributing area.

4. Include the locations of discharge for drainage from the proposed development, including contributing areas. All drainage must be planned and constructed in the best interests of the immediate and adjacent properties.

5. Indicate the location, dimension, description and flow line of existing and proposed drainage structures and the location, flow line and 100-year flood plain and floodway boundaries of existing water courses within the subdivision or contiguous tracts.

6. Include the width of drainage and other easements, conforming to the Design Standards provided in this Ordinance as Exhibit “A”.

7. Licensed Engineer Required. The drainage provisions shall be prepared and sealed by a Licensed Professional Engineer in the State of Texas.

SEC. 1.110 Preliminary Plat - Review Process

(a) Conformity Review. Upon receipt of the Preliminary Plat and the required filing fees, the City Engineer and/or City Attorney shall review the Plat as to its conformity with the Design Standards attached to this Ordinance as Exhibit “A”, and all other applicable ordinances, regulations and standards.

(b) Engineer’s Review. The City Engineer shall also review the same for conformity with applicable engineering standards and specifications set forth herein, as well as with generally accepted engineering principles when not covered specifically herein.

(c) Comments to Developer. The City Engineer shall return comments on the Preliminary Plat to the the Developer for corrections.

(d) Changes to Plat. Developer shall make changes according to comments provided and resubmit to the City.

(e) Preliminary Plats on City Commission Agenda. After all corrections are made and approved by the City Engineer, the City shall place an appropriate item on the agenda for consideration by the City Commission.

(f) Comments Available. The City Engineer and City Attorney comments will be made available to the City Commission.

SEC. 1.111 Preliminary Plat - Method of Approval

The method of approval and approval sequence are as follows:

(a) If the preliminary plat is deemed to be administratively complete, the preliminary plat shall be filed with the City Commission for its tentative approval. The City Commission shall examine the preliminary plat and all supporting information. Within thirty (30) days after the filing of the preliminary plat with the City Commission, the City Commission shall take one of the following actions:

1. Approve.

2. Approve with conditions.

3. Disapprove.

(b) Upon approval of the preliminary plat, the Developer shall provide one (1) mylar reproducible copy of the approved preliminary plat to be kept on file at the City as public record.

(c) The approval of a plat or replat shall be considered to be conditional approval until such conditions that may be imposed by the City Commission are complied with. All objections made to the preliminary plat, or conditions imposed, shall be furnished to the Developer in writing. Each condition or objection given in writing must be: 1) directly related to the requirements of Chapter 212 of the Texas Local Government Code; 2) include a citation to the law, including a statute or this Ordinance, that is the basis for the condition or objection; and 3) may not be arbitrary. If no action is taken by the City Commission within the thirty (30) day period described above or such longer period as may have been agreed to by the Developer and City Commission, the preliminary plat, as submitted, shall be deemed to be approved by the City Commission.

(d) After the conditional approval or disapproval of a plat, the Developer may submit to the City Commission a written response that satisfies each condition for the conditional approval or remedies each reason for disapproval provided. The City Commission may not establish a deadline for a Developer to submit the response. If a response is received, the City Commission will determine whether to approve or disapprove the Developer’s previously conditionally approved or disapproved plat not later than the 15th day after the date the response was submitted. A disapproval must be in writing and in accordance with the requirements of (c) above. If the Developer’s response is not acted upon not later than the 15th day after the date the response was submitted then it is considered approved.

SEC. 1.112 Preliminary Plat - Expiration

(a) The Preliminary Plat expires twelve (12) months after the City Commission approval unless a Final Plat for the property, consistent in all respects with the approved Preliminary Plat and applicable regulations, has been submitted for approval.

(b) If the subdivision is to be constructed in phases, the Preliminary Plat will remain valid provided there are no more than two (2) years between approval of the final plat for a phase and the submittal of the final plat for approval of the subsequent phase and each phase incorporates at least twenty-five (25) percent (by lot count) of the approved Preliminary Plat.

(c) The Preliminary Plat may also be extended once, such extension not to exceed six (6) months, with City Commission approval by filing a written request prior to the preliminary plat’s expiration.

SEC. 1.113 Final Plat - General Requirements

(a) Final Plat Required. For all property which must be platted, a Final Plat is required.

(b) Preliminary Plat Before Final Plat. An approved Preliminary Plat, if required, must first precede a Final Plat.

1. No subdivision of land, nor any street laid out, nor any improvements made to the natural land shall be allowed.

2. No lot, tract or parcel of land within any subdivision shall be offered for sale, nor shall any sale, contract for sale, or option be made or given.

(d) Registered Surveyor or Engineer Required. A Registered Professional Land Surveyor or Engineer shall prepare all plats, whether preliminary, final, replats or amendments.

(e) Licensed Engineer Required. A Licensed Professional Engineer in the State of Texas in accordance with this Ordinance must prepare the Construction Plans.

(f) Positive Recommendation not Acceptance. It is to be understood that recommending approval of the Final Plat by the City Commission does not constitute official acceptance of the proposed subdivision by the City.

(g) Final Plat Acceptance. The recordation of a Final Plat in the Records of FayetteCounty, Texas shall constitute official acceptance of the subdivision by the City.

(i) Compliance Required. All Final Plats shall comply with other adopted ordinances, codes, or other regulations whether specified herein or not.

(j) Flooding. No plat will be approved for a subdivision which is subject to periodic flooding or which contains poor drainage facilities which would make adequate drainage of the lots and streets impossible, or which would cause flooding of existing subdivisions.

SEC. 1.114 Final Plat – Application Form and Content

(a) Submittal. The Developer shall provide four six (6) 18” x 24” bond copies and one (1) 18” x 24” Mylar copy of the Final Plat and two (2) copies of complete Construction Plans.

(b) Fees and Application Required. The submittal shall include payment of the required fees. The City will consider no Final Plat until the prescribed fees have been paid in full, and an application for Final Plat approval shall be considered to be incomplete if the fees have not been paid.

(c) Tax Certificates Required. The Final Plat submittal shall include certificates from the City, School District and County Tax Collectors showing that all City, School District and County taxes on the land being subdivided have been paid to the current year.

(d) General. In addition to the requirements provided for a Preliminary Plat, the Final Plat shall include the following general information:

1. The Final Plat shall be supplied in a City approved electronic format.

2. The following certificates shall be placed on the Final Plat:

ON THE ________ DAY OF _________________, ______, THIS PLAT WAS DULY APPROVED BY THE CITY COMMISSION OF THE CITY OF ELLINGER, TEXAS.

BY:

MAYOR

ATTEST:

CITY COMMISSIONER

SEC. 1.115 Final Plat - Portions or Phasing

(a) If desired by the Developer and approved by the City Commission, the Final Plat may constitute only that portion of the approved Preliminary Plat which the Developer proposes to record and develop; however, such portion shall conform to all the requirements of this Ordinance.

(b) If Final Plats are submitted for approval by portions or phases of the proposed subdivision, each portion or phase shall carry the name of the entire subdivision and shall bear a distinguishing letter, number or subtitle. Identifying information shall run consecutively throughout the entire subdivision, even though such subdivision might be approved in phases.

SEC. 1.116 Final Plat - Review Procedure

(a) Conformity Review. Upon receipt of the Final Plat and the required filing fees and application, the City Engineer and/or City Attorney shall check the Plat as to its conformity with the Design Standards, and all other applicable Ordinances, regulations, and standards.

(b) Engineer’s Review. The City Engineer shall also review for the same conformity with applicable engineering standards and specifications set forth herein, as well as with generally accepted engineering principles when not covered specifically herein.

(c) Comments to Developer. The City Engineer shall return comments on the Final Plat and Construction Plans to the Developer with comments as to modifications, additions, alterations or other matters pertinent to the Final Plat and the Construction Plans.

(d) Changes to Plat. Developer shall make changes according to comments provided and resubmit to City.

(e) Plats on City Commission Agenda. After all corrections are made and approved by the City Engineer and/or the City Attorney, the City shall then place an appropriate item on the agenda for consideration by the City Commission.

(f) Comments Available. The City make the City Engineer and/or City Attorney comments available to the City Commission.

SEC. 1.117 Final Plat – Lot Restrictions

(a) The plat restrictions shall notify lot owners that structures to be built on lots which are lower than the road or roads on which they front and/or abut shall be built such that the minimum finished floor elevation is at least one (1) foot above the proposed grade of the yard adjacent to the structure.

(b) The plat restrictions shall notify property owners that no structures shall be built in a 100-year flood plain. In no case shall the minimum finished floor elevation be less than one (1) foot above the 100-year flood plain elevation.

(c) The plat restrictions shall notify lot owners that any filling or obstruction of the flood plain or drainage easements is prohibited.

(d) Developer shall be required to notify lot owners that street stub outs may be developed in the future.

SEC. 1.118 Final Plat - Construction Plans

(a) General. Construction Plans shall include the following:

1. All improvements shall be designed in accordance with the Design Standards provided as part of this Ordinance in Exhibit “A”.

2. Three (3) copies of complete construction plans, specifications and engineering calculations for streets, drainage, sanitary sewers, water distribution, and any other improvements to be constructed, are required to be submitted with the Final Plat. Construction plans must be one hundred percent (100%) complete at the time of submittal. Any incomplete sets of construction plans shall be returned unreviewed.

3. The Construction Plans shall be submitted on standard 24" x 36" sheets.

4. Each sheet of the Construction Plans shall contain a title block, including space for the notation of revisions. This space is to be completed to the plan sheet and shall clearly note the nature of the revision and the date that the revision was made.

5. Each sheet of the Construction Plans shall include north arrow, scale, date, and benchmark description to sea level datum.

6. Each Construction Plan sheet shall bear the seal and signature of the Licensed Professional Engineer in the State of Texas who prepared the plans or sheets.

(b) Paving Plan. The Construction Plans shall include, at a minimum, a plan and profile of each street with stationing if applicable, or street centerline, borrow ditch flowline and existing and proposed ground lines. The typical cross-section of proposed streets shall show the width of roadway, pavement type and location and width of sidewalks. All roads and streets in the City shall, at a minimum, be constructed to the following standards:

1. Flexible base shall be in accordance with TxDOT Specification Item 247

2. Application of Prime Coat shall be in accordance with TxDOT Specification Item 310, and being MC-30 at the rate of 20 GaUSY.

3. Two Course Surface Treatment shall be in accordance with TxDOT Specification Item 316 at he following rates:

a. First Course: Asphalt: AC-5, 10, or CRS2 Q .30 Gal/SY Aggregate: B-3 @ Icy/I00SY

b. Second Course: Asphalt: AC-5, 10 or CRS2 (a .30 Gal/SY Aggregate: PB-4 Q ICY/11OSY

4. The first course of the two course surface treatment shall be rolled with one pass of a three to six ton flat wheel roller with the approval of the engineer. The remaining rolling, for the first and second course, shall be done with a medium pneumatic roller.

5. The second course of the two course surface treatment shall be applied the same day or immediately after the first course.

(c) Sanitary Sewer and Water Plan. The Construction Plans, at a minimum, shall include a plan and profile of proposed sanitary sewers with stationing, grades and pipe sizes indicated and showing locations of manholes, cleanouts, etc., and a plan of the proposed water distribution system showing pipe sizes and location of valves, fire hydrants and fittings, etc. Applicable construction details shall be included with the Construction Plans.

(d) Storm Drainage Plan. Regarding storm drainage, the Construction Plans shall include the following:

1. Include a general location map of the subdivision showing the entire watershed and the limits of all on-site and off-site storm water draining to the project.

2. Include calculations showing the anticipated storm water flow, including watershed area, percent runoff, runoff factors, storm intensity and time of concentrations showing basis for design.

3. Include a plan and profile of proposed storm sewers or channels, showing stationing, hydraulic data, pipe grades and sizes, manholes, inlets, pipe connections, outlet structures, etc.

4. Include a detailed plan for any bridges, culverts, catch basins, any other drainage structures or any other improvements to be made and shall include all of the following:

i. The open channel or storm drain grades, design flow, design velocity, capacity and hydraulic grade line.

ii. A plan and profile of all culverts under any street with the design flow of water, headwater and tailwater depth and tail water velocity.

iii. The size of all driveway culverts to carry the design flow of water at each point of installation.

iv. Typical ditch sections and the width of any right-of-way or easement needed.

v. A summary sheet of all drainage facilities.

vi. The seal and signature, prominently displayed on each sheet, of the Licensed Professional Engineer responsible for the design.

(e) Grading Plan. Any proposed changes in topography shall be shown by contour lines on a basis of five foot (5’) intervals in terrain with a slope of five percent (5%) or more and on a basis of one foot (1’) intervals in terrain with a grade less than five percent (5%).

(f) Erosion Control Plan. The Developer shall submit an Erosion Control Plan in compliance with local, state and federal guidelines.

SEC. 1.119 Final Plat - Method of Approval

The method of approval and approval sequence are as follows:

(a) If the final plat is deemed to be administratively complete, the final plat shall be filed with the City Commission for its approval. The City Commission shall examine the preliminary plat and all supporting information. Within thirty (30) days after the filing of the preliminary plat with the City Commission, the City Commission shall take one of the following actions:

1. Approve.

2. Approve with conditions.

3. Disapprove.

(c) The approval of a plat or replat shall be considered to be conditional approval until such conditions that may be imposed by the City Commission are complied with. All objections made to the final plat, or conditions imposed, shall be furnished to the Developer in writing. Each condition or objection given in writing must be: 1) directly related to the requirements of Chapter 212 of the Texas Local Government Code; 2) include a citation to the law, including a statute or this Ordinance, that is the basis for the condition or objection; and 3) may not be arbitrary. If no action is taken by the City Commission within the thirty (30) day period described above or such longer period as may have been agreed to by the Developer and City Commission, the preliminary plat, as submitted, shall be deemed to be approved by the City Commission.

(e) After the Final Plat and Construction Plans have been approved by the City Commission, and before construction of any improvements the Developer shall furnish the City with three (3) sets of the approved Construction Plans.

SEC. 1.120 Expirations

(a) Construction Plan Expiration. If construction has not commenced within one (1) year after approval of the Construction Plans, resubmittal of Construction Plans, which comply with the Subdivision Ordinance, as amended, shall be resubmitted to the City for review. The City may require additional filing fees.

(b) Final Plat Expiration. The Final Plat expires one (1) year after City Commission approval, unless filed and recorded in the County, or unless construction has commenced and all the requirements of this Ordinance, prior to construction have been met.

(c) Phasing. If the subdivision is to be developed in phases, the final plat will remain valid provided there are no more than two (2) years between approval of the construction plans for a phase and the submittal of the construction plans for approval of the subsequent phase.

(d) Extension. The final plat may also be extended once, such extension not to exceed six (6) months, with City Commission approval by filing a written request prior to the plat’s expiration.

SEC. 1.121 Filing of the Final Plat

(a) After the following criteria are met, the Final Plat may be filed in the Official Records of Fayette County:

1. Final Plat is approved by the City Commission and all revisions required by the City Commission are complete;

2. The Developer has submitted final copies in a City-approved electronic file (AutoCAD format) and hard copy format of the Final Plat and Construction Plans and all required signatures have been obtained;

3. All required fees have been paid in full;

4. All public improvements have been constructed, inspected, approved and dedicated to the City;

5. The Developer has provided proof that private restrictions (if any) have been filed of record; and

6. The Developer has provided all required maintenance bonds.

SEC. 1.122 Replats - General Requirements

(a) Replats Required. A replat is required for property in which there has been a change in lot allocation, setbacks, dedicated infrastructure or easements.

(b) Requirement Waived . The City Commission may waive the requirement provided in subsection (a) above.

(d) Fees Required. The applicable fees shall accompany a Replat application submission.

(e) Certified Copies Required. Certified copies of the entire subdivision and deed restrictions shall accompany a Replat application submission.

(f) Subject to Final Plat Requirements. Replats are subject to the same requirements as Final Plats, and shall contain the information required for Final Plats and Construction Plans provided above that may be pertinent.

(g) Vacating Plats Required. All property to be replatted shall have the preceding plat vacated unless the City Commission waives this requirement.

(h) Notice Requirements for Replats. For Replats obtaining a waiver from having to vacate the preceding plat, a notice requirement shall apply for the City Commission meeting. Notice of a Replat public hearing shall be given with a copy of Section 212.015 (c) of the Texas Local Governemnt Code, as amended, before the fifteenth (15) day before the date set for the hearing, by publication and by written notice forwarded by the City to the owners of property lying outside of the Replat boundaries and within 200 feet of those boundaries as indicated on the most recently approved municipal tax roll; or in the case of a subdivision within the extraterritorial jurisdiction regulated by the City, the most recently approved County tax roll of the property upon which the Replat is requested. The written notice may be delivered by depositing the notice, properly addressed with postage prepaid, in a post office or postal depository within the municipal boundaries.

(i) Filing of a Protest. If twenty percent (20%) or more of the property owners to whom notice has been required to be given file a written protest of the replatting before or at the hearing, then the affirmative vote of at least three-fourths (3/4) of the City Commission is required to approve the replat.

SEC. 1.123 Amending Plats

(a) The City Commission may approve and issue an amending plat, which may be recorded and is controlling over the preceding plat without vacation of that plat, if the amending plat is signed by the applicants only and is solely for one or more of the purposes listed in Texas Local Government Code, Section 212.016, as amended.

(b) The Developer shall submit four (4) 18” x 24” bond copies and one (1) 18” x 24” Mylar copy of the amended plat.

(d) Notice, a hearing and the approval of other lot owners are not required for the approval and issuance of an amending plat.

SEC. 1.124 Drainage

Due to the public necessity to protect drainage areas from flooding, to prevent pollution of watersheds and to prevent the encroachment of buildings and improvements in natural drainage channels, there are hereby established certain drainage requirements and regulations.

(a) In the interest of the health, safety and welfare of the residents of the City of Ellinger, dedication of certain areas for storm water drainage and impoundment areas necessary for flood control and preservation of natural drainage is necessary. Further, any excavations, removal of earth, reshaping, or cut and fills which will affect drainage constitutes a vital interest to the health, safety and welfare of the residents of the City of Ellinger.

(b) Approval of the City Commission shall be secured before any area which affects drainage within the corporate limits of the City shall be excavated, any earth is removed, is reshaped or is cut and filled by private authority. Excluded from this provision are those excavations and fills made in the course of construction such as foundations, basements or subfloors, which are authorized by a building permit.

(c) In order to obtain approval for such private excavation or fill, the City Commission shall establish drainage procedures that must be followed under this Section of this Ordinance.

(d) It shall be unlawful for any person, firm, corporation, or association, as owner, proprietor, leasee, or occupant of any lot, tract or parcel of land other that public authorities to engage in or authorize a cut and fill, excavation, removal of earth, or reshaping in an area which will affect drainage, without first securing the approval of the City Commission in the manner set forth above.

(e) The City Commission is authorized to approve variances from these requirements for the showing of good cause.

SEC. 1.125 Construction - General Requirements

(a) Preconstruction Conference Required. A preconstruction conference is required prior to the start of any construction. The meeting shall include the Contractor(s), Developer’s Engineer, City Engineer, and Building Official.

(b) Designated Representative Required. If the Developer has divided the construction of the public improvements among more than one contractor, the Developer shall designate one person to represent all of the construction for the development.

SEC. 1.126 Performance and Payment Bond

(a) Bond Required Before Construction. Prior to the construction of said improvements, the Developer (being the owner or owners of the subdivision) or the authorized agents thereof, shall be required to furnish to the City a good and sufficient Performance and Payment bond executed by a corporate surety approved by the City in an amount equal to the total cost of said improvements plus ten (10) percent and guaranteeing their Construction. The bond must:

1. Be payable to the City, and

2. Be in an amount determined by the City Engineer to be adequate to ensure the proper construction or installation of the water and sewer service facilities and other improvements to service the subdivision but not to exceed the estimated cost of construction or installation of the facilities and Developer shall provide an Opinion of Probable Construction Cost with bond.

3. Be executed with sureties as may be approved by the Mayor, and

4. Be executed by a company authorized to do business as a surety in this state if the governing body requires a surety bond executed by a corporate surety, and

5. Be conditioned that the water and sewer service facilities and other improvements will be constructed or installed:

i. In compliance with the model rules adopted under Section 16.343, Water Code and the ordinances, rules and regulations of the City, as amended, and

ii. Within the time stated on the plat or on the document attached to the plat for the subdivision or within any extension of that time.

(b) Cash or Credit In Lieu of Bond. In lieu of the bond an owner may deposit cash, an irrevocable letter of credit issued by a federally insured financial institution or other acceptable financial guarantee.

1. List as the sole beneficiary the City, and

2. Be conditioned that the water and sewer service facilities and other improvements will be constructed or installed:

i. In compliance with the model rules adopted under Section 16.343, Water code and the ordinances, rules and regulations of the City, as amended, and

ii. Within the time stated on the plat or on the document attached to the plat for the subdivision or within any extension of that time.

(d) Expenditure of Fiscal Security. The City may draw on the fiscal security and pay the cost of completing the public improvements if it determines that the Developer has breached the obligations secured by the fiscal security or the time period for the installation and construction of the required public improvements has expired. The Developer shall be liable for the cost that exceeds the amount of fiscal security, if any.

(e) Return of Fiscal Security. The City shall return the fiscal security to the Developer within thirty (30) days after a final acceptance letter of the public improvements has been issued by the City Engineer.

SEC. 1.127 Inspections

(a) Inspections Required. All construction, such as street grading, street paving, drainage structures, curb and gutter, storm sewers, sanitary sewers and water mains, shall be subject to inspection during the construction period by the proper authorities of the City.

(b) Assuring Conformance. During the progress of the work, all materials, equipment and workmanship shall be subjected to such inspections and tests as will assure conformance with the City requirements. If testing is necessary, the developer shall pay for all testing.

SEC. 1.128 Work Times Limited

Work times shall be limited to Monday through Saturday, sunup to sundown, unless otherwise authorized by the City Commission.

SEC. 1.129 Record Drawings

(a) Upon completion of the construction, the Developer shall request a final inspection of the work. The Developer shall provide one (1) good quality full-size reproducible bond copy and one (1) city approved electronic file in AutoCAD format. The bond copy must be revised by the Developer to reflect construction records prior to the final inspection.

(b) The City Engineer prior to the final acceptance of the subdivision must approve the record drawings. The record drawings shall include a copy of the approved Final Plat.

SEC. 1.130 Final Inspection

(a) The Building Official, the City Engineer and a Contractor's representative shall perform a final inspection. All testing associated with the utility installation shall be completed prior to the walk through.

(b) There will be only one (1) final inspection of the development.

SEC. 1.131 Maintenance Bond

(a) Maintenance Bond Required Upon Completion. Upon completion of said improvements and prior to acceptance by the City, the Developer or the authorized agents thereof, shall be required to furnish to the City a good and sufficient Maintenance Bond executed by a corporate surety approved by the City in an amount equal to 20% of the total cost of said improvements and guaranteeing their maintenance for a period of one year.

(b) Permits Suspended for Non-Compliance. Issuance of building and/or certificate of occupancy permits within the subdivision may be suspended during any period of non-compliance with the requirements of this Ordinance, including this Section.

SEC. 1.132 Acceptance by the City

(a) Once all the requirements of the City have been met, the City Engineer shall recommend acceptance of the subdivision in the form of a letter to the City Commission.

(b) Acceptance by the City shall be in the form of a letter from the Mayor or other authorized City Official to the Developer. The letter shall state that inspections were conducted and the facilities were completed in accordance with specifications and standards provided for herein or approved by the City Commission at the time the Final Plat was approved for the said subdivision.

SEC. 1.133 Permits and Services Withheld Until Full Compliance

No building permit, water, sanitary sewer, plumbing or electrical permit or service shall be issued or allowed to a Developer, owner or any other person with respect to any property in any subdivision, except for temporary construction offices, covered by this Ordinance until such time as all of the applicable requirements of this Ordinance have been satisfactorily completed and the construction accepted by the City and the Final Plat is filed.

SEC. 1.134 Building Permits for Certain Lots

(a) Until the construction bids in a subdivision for the installation of street paving and water and sewerage service lines have been accepted by the City Commission, no building permit may be issued by the City Building Official for construction of a lot abutting such paving or utility installations.

(b) It is the intention of this subsection (b) that new construction in new subdivisions be particularly discouraged until streets and utility lines are in place, but that no undue hardship be placed on owners of existing lots which were previously permitted to be developed without paved streets and operating utility lines.

SEC. 1.135 Non-Recorded Subdivisions

(a) Purpose. The City Commission finds that strict compliance to the regulations of this Ordinance for certain existing Non-Recorded Subdivisions may result in undue hardship. So that the purposes of this Ordinance may be fulfilled, the City Commission may modify the requirements of this Ordinance’s regulations for existing Non-Recorded Subdivisions.

(b) Criteria for Recognition of Non-Recorded Subdivisions.

1. Required Findings. The City Commission shall recognize a Non-Recorded Subdivision and authorize the modification of the requirements of this Ordinance when an unnecessary hardship would result from the strict enforcement of this Ordinance. In granting a modification from the requirements of this Ordinance, the City Commission shall prescribe only conditions it deems not prejudicial to the public interest. Modifications from the requirements of this Ordinance shall only be granted if the City Commission finds all of the following:

i. Extraordinary Conditions. That there are extraordinary or special conditions affecting the tract of land involved such that strict application of the provisions of this Ordinance would cause undue hardship.

ii. Application of a Substantial Property Right. That the modification from the requirements of this Ordinance is necessary for the preservation and application of a substantial property right of the Developer.

iii. Substantial Detriment. That granting modification from the requirements of this Ordinance will not be detrimental to the public health, safety or welfare, injurious to other property in the area or to the City in administering this Ordinance.

iv. Other Property. That these conditions do not generally apply to other tracts of land in the vicinity.

v. Developer’s Actions. That the conditions are not the result of the Developer’s own actions.

vi. General Plan. That granting modification from the requirements of this Ordinance will not substantially conflict with the the purposes of this Ordinance.

2. Profitability Not Considered. The fact that the tract of land would be of more value should modification from the requirements of this Ordinance be granted may not be considered as grounds for recognizing the tract of land as a Non-Recorded Subdivision.

SEC. 1.136 Variances

(a) General. Where the City Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with this Ordinance may be served to a greater extent by an alternative proposal, it may approve variances to this Ordinance so that substantial justice may be done and the public interest secured, provided that such variance shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the City Commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:

1. The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property.

2. The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property.

3. 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 or financial loss, if strict compliance with this Ordinance is carried out.

4. That any variance does not violate any other City ordinance or regulation.

(b) Conditions. In approving variances, the City Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of these regulations.

(c) Procedures. A petition for any such variance shall be submitted in writing by the Developer at the time when the Preliminary Plat is filed with the City prior to consideration by the City Commission. Any applicable fee must be submitted with the variance request. The petition shall state fully the grounds for the application and all of the facts relied upon by the Developer, and include clear reference to the portion of these regulations creating the hardship.

Exhibit “A”

Design Standards

(a) Streets.

1. Streets serve to move traffic and provide drainage. These two (2) criteria shall be considered and evaluated in a submitted plat.

2. The arrangement of streets in a subdivision shall either:

i. Provide for the continuation for the appropriate projections of existing principal streets in the surrounding areas; or

ii. Conform to a plan for a neighborhood which has been approved or adopted by the City Commission to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impractical.

3. All streets shall be named and the continuity of street names shall be encouraged to the greatest extent practicable in order to permit uniformity of development within the City.

4. Where a subdivision abuts an existing or proposed street, the developer shall provide for abutting lots to side or face the street in question. Specifically, it is intended that no lots have the rear of the lot and an alley immediately adjoining an existing street or proposed street, unless approved by the City Commission.

5. Street intersections shall be as near to right angles as possible.

6. At each street intersection, the property line at each block corner shall be rounded with a curve or radius of not less than fifteen (15’) feet.

7. Half streets shall be allowed only where they are essential to the reasonable development of the subdivision and where the City Commission finds it will be practical to require the dedication of the other half when the adjoining property is subdivided. Wherever a half street is adjacent to and unsubdivided tract, the other half of the street shall be dedicated when the adjacent tract is platted. No half streets will be paved in the City. Full paving will be required from the Developer.

8. Cul-de-sac streets shall not be longer than six hundred (600) feet and shall be provided at the closed end with a turnaround having an outside right-of-way diameter of at least eighty feet (80’).

9. In consideration of the drainage function of streets, when cul-de-sac or dead end streets abut undeveloped property, the Developer shall be responsible for obtaining drainage easements onto or through abutting property sufficient to insure drainage of the proposed development.

10. Sidewalks are required in all subdivisions across the front yards, and on corner lots, also along the side yard unless approval from the City Commission has been obtained for a release form the sidewalk requirement in all or a part of a subdivision. Sidewalks shall be forty-eight (48) inches in width and installation is not a requirement prior to the final plat. A certificate of occupancy will not be issued for any lot upon which a residence is constructed until a sidewalk has been installed in compliance with this Ordinance.

11. Street right-of-way widths shall conform as follows: Right-of-Way must be 50 feet wide with 20 feet of pavement, 26 feet of road base, and 12 feet of easement and drainage on each side.

(b) Alleys.

1. Alleys shall be provided in all subdivisions except where the City Commission waives this requirement where some definite and assured provision is made for service access.

2. Alleys shall be provided parallel or approximately parallel to the frontage of all streets.

3. The width of any alley shall be twenty (20) feet.

4. Where two (2) alleys intersect, a cut-off of not less than ten (10) feet along each property line from the normal intersection of the property lines shall be provided.

5. Dead end alleys shall be avoided. If such a dead end alley in unavoidable, the alley shall be provided with a turnaround facility at the dead end as approved by the City Commission.

6. Alleys shall be arranged so as to assure proper drainage.

7. The entrances to alleys off of streets shall have concrete drives for a distance of ten feet (10’) from the curb line of the street into the alley.

1. The length, width and shape of blocks shall be determined with due regard to:

i. Provision of adequate building sites suitable to the special needs of the type of use contemplated.

ii. Zoning requirements as to lot sizes and dimensions.

iii. Needs for convenient access, circulation control and safety of street traffic.

2. Block length and depth shall relate directly to conditions, opportunities and constraints creating the greatest benefit to traffic circulation, safety, drainage and zoning.

(d) Lots.

1. The lot size, width, shape and orientation shall by appropriate for the location of the subdivision and for the type of development and use contemplated.

2. Lot dimensions shall conform to the requirements of the zoning regulations.

3. Each lot shall front upon a public or approved private street.

4. Side lot lines shall be substantially at right angles or radial to street lines.

(e) Fire Hydrants.

1. Fire hydrants shall be located whenever possible at street intersections.

2. Fire hydrants shall be located as close as possible to five hundred feet (500’) intervals in residential areas.

3. Fire hydrants shall be located as nearly as possible to three hundred feet (300’) intervals in all commercial areas.

4. The size of the fire hydrant shall be determined and set by the City’s Building Inspector.

5. Deviations on the locations of fire hydrants can be granted only by the City Building Inspector.

(f) Water and Sewer.

1. Water and sewer lines shall be installed to serve all lots within the proposed subdivision.

2. The size of water and sewer lines shall be determined in accordance with the decision of the City’s Engineer.

3. If the City should elect to install a water main of larger than eight (8) inches in diameter of a sewer main of larger than eight (8) inches in diameter. The City of will be responsible for the cost of the difference between the eight (8) inch line and the larger line required by the City.

4. For a period of ten (10) years after the date that a Developer pays for the installation of a water or sewer line, the City will require that any other Developer which ties into such line shall refund to the original Developer on a pro rata basis, the cost of the original line.

5. All engineering fees involved in the construction of the water and sewer line with the exception of the City’s engineer shall be paid for by the Developer.

6. Upon completion of the water and/or sewer facilities by private contractor and acceptance by the City or upon completion by the City, the facilities so constructed shall become and remain the property of the City and shall be maintained as a part of its water and/or sewer system.

(g) Street Lighting.

1. The primary purpose of street lighting in the City shall be to illuminate intersections for the benefit and safety of the public.

2. Street lights will be placed only at intersections or at the ends of cul-de-sac streets, unless a block exceeds six hundred feet (600’) in length.

3. For blocks longer than six hundred feet (600’) in length, street lights are required at or near four hundred feet (400’) intervals.

4. Wood standard poles will be installed unless the Developer or the property owners wish to bear the higher cost associated with the installation of some other type of pole.

5. All costs of the lighting installation shall be borne by the Developer or property owner and appropriate service easements shall be provided.

Ordinance 2023-01 Subdivisions

CITY OF ELLINGER:

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