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CHAPTER 9: SUBDIVISIONS9.600: COMPREHENSIVE PLAN, ZONING, OR OTHER REGULATIONS 9.700: NOTICE AND HEARING REQUIREMENTS 9.1000: RESUBDIVISION AND VACATION, AMENDMENT, AND CORRECTION OF PLATS 9.1200: MINIMUM IMPROVEMENTS AND DESIGN STANDARDS 9.1500: DEVELOPMENT OF SENSITIVE LANDS: FLOOD HAZARDS 9.1600: OTHER TRACTS AND PARCELS 9.1700: PUBLIC AND PRIVATE UTILITIES 9.1900: SEPTIC TANK SYSTEMS IN SUBDIVISIONS 9.2000: CONSTRUCTION REQUIREMENTS 9.2300: OTHER CERTIFICATIONS AND WAIVERS
The subdivision of land is a major factor in the process of achieving sound community development which ultimately becomes a public responsibility, since streets and utilities must be maintained and public services customary to urban areas must be provided. Further, the built environment can enhance or diminish the overall quality of life in the community. Land subdivision is a critical first step in defining the built environment. Therefore, it is to the interest of the public, the developer, and the future owners that subdivisions be conceived, designed and developed in accordance with appropriate design standards and development specifications. It is the intent of these regulations to aid in guiding the growth of the City of Fredericksburg, Texas and its environs in an orderly manner; and to provide attractive, well planned subdivisions with adequate streets, utilities, and building sites in a manner that will be uniformly applied. The goals and objectives guiding the City Planning and Zoning Commission and the City Council in the preparation and adoption of this ordinance are:
Any owner of land within the limits of the City's subdivision jurisdiction as defined in Section 9.300 below who subdivides (as defined in in this ordinance) land shall submit to the City Planning and Zoning Commission a plat of the subdivision which shall conform to the minimum requirements specified in this ordinance. No plat of a subdivision lying within such subdivision jurisdiction or part thereof shall be filed or recorded in the office of the County Clerk until such subdivision plat shall have been approved in accordance with this ordinance by the City Planning and Zoning Commission and such approval entered in writing on the final plat by the Chairman of the City Planning and Zoning Commission. No owner of land within such subdivision jurisdiction shall proceed with improvements in any such subdivision until the plat thereof shall receive preliminary and final approval by the City Planning and Zoning Commission as provided in this ordinance. This ordinance shall not apply to any lot or lots forming part of a subdivision created and recorded prior to the effective date of this ordinance, except for purposes of replatting or further subdividing.
A. From and after the date of its adoption, this ordinance shall govern all subdivisions of land within the corporate limits of the City of Fredericksburg and within its extra-territorial jurisdiction (herein referred to as "ETJ") as provided under Chapter 212 of the Local Government Code . The boundary of the ETJ for the City of Fredericksburg, based upon its population and other factors, is some distance from the city limits of the City of Fredericksburg and is subject to revision as provided for in Chapter 42 of the Local Government Code. The City Planning and Building Department should be contacted to determine whether a particular property lies within Fredericksburg's ETJ. B. No land shall be subdivided within the corporate limits or the extra-territorial jurisdiction of the municipality until: 1. Approvals of the preliminary plat and final plat have been obtained from the Planning and Zoning Commission, and C. No building permit or certificate of occupancy shall be issued for any parcel or plat of land which was created by subdivision after the effective date of, and not in conformity with, the provisions of this ordinance; and no excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with this section. D. Neither the City of Fredericksburg nor any public utility operating within the city limits or ETJ shall serve or connect any land with water, sewerage, electric, or other service unless and until both the City and such utility, as applicable, has been presented with proof that such land has an approved and duly recorded subdivision plat consistent with the requirements of this ordinance or otherwise holds a certificate that a subdivision plat is not required to receive such utility service.
The owner of a tract of land located within the corporate limits or in the extra-territorial jurisdiction of the City of Fredericksburg 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, regardless of whether the division of land 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 (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 Comprehensive Plan of the City of Fredericksburg or any of its elements or related plans, including but not limited to the Land Use Plan, Thoroughfare Plan, Parks Plan, Drainage Plan, Water System Plan, or Wastewater System Plan, 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) major phases. The initial phase is the preparation and submission to the City Planning and Zoning Commission 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 and final phase is the preparation and submission to the City Planning and Zoning Commission of a final plat with construction plans. The final plat is the instrument which creates new legal boundaries when signed by the City Planning and Zoning Commission Chairman and recorded in the office of the County Clerk.
A. Filing and other fees related to this ordinance shall be consistent with the City's schedule of fees currently in effect, as set out in Appendix A of the City's Code of Ordinances. B. Filing Fees shall be paid by cash or check to the City of Fredericksburg, Texas. All fees are non-refundable.
9.600: COMPREHENSIVE PLAN, ZONING, OR OTHER REGULATIONS No final plat shall be approved unless it conforms with the current City Comprehensive Plan, and no plat within the city limits at the time of final plat approval shall be approved unless it conforms with the Zoning Ordinance. 9.700: NOTICE AND HEARING REQUIREMENTS Notice of hearings for preliminary plat approval, final plat approval, and other approvals requiring notice and hearings shall be given in advance in the following manner: A. Publication at least fifteen (15) days in advance of hearing being published in an official paper or a paper of general circulation in Gillespie County. B. Written notice of such public hearing forwarded by the Director to owners (as the ownerships appear on the last approved ad valorem tax roll of such governing body) of all lots in the immediate preceding subdivision plat 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; provided, however, if such immediate preceding subdivision plat shall contain more than 100 lots, such notice shall be mailed only to those owners of lots which are located within 500 feet of the lot or lots which are sought to be replatted or resubdivided.
A. Preapplication Conference. The applicant shall consult with the City Engineer and the Director for advice and assistance before the preparation of the preliminary plat and formal application for its approval. The objective of this preapplication conference is to clarify the regulations, fees and procedures as they apply to the particular parcel and proposed subdivision. To acquaint the staff with the intended development, the developer shall provide the following information in sketch form at this preapplication conference.
B. Conceptual Plan. Where the proposed subdivision constitutes a portion of a larger land area owned by the developer, the Director may require a conceptual plan for development of the larger area. The purpose of a conceptual plan is to demonstrate conformance with the Comprehensive Plan, a compatible arrangement of land uses, the general location of major thoroughfares, and the feasible continuation of streets, drainage, utilities, and all other subdivision improvements. A conceptual plan shall include all contiguous land owned by the developer or by any individual or entity with an ownership interest in the land included in the preliminary plat; provided that, if the area of such contiguous land is extensive, the Director may require that the conceptual plan include only that amount of adjoining land which it finds sufficient to accomplish the above purpose. The conceptual plan shall be drawn at a scale determined by the Director. It shall show topography at five-foot contour intervals; generalized land uses; collector and arterial streets; drainage, water, and sewer service areas; and public or community facilities for such land area. The developer may submit a conceptual plan and a preliminary plat for simultaneous consideration by the Commission, with the developer's acknowledgment that required changes to the conceptual plan might require corresponding changes to the preliminary plat. Following its acceptance by the Commission, a conceptual plan shall be retained as a public record in the office of the Director of Planning and Building. C. 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, conceptual plan (as appropriate), and required support documents. Plats shall be filed with the City Clerk before the deadline established by the Director. Plat submittals which are incomplete shall be administratively denied. The Director shall provide to the applicant written notification of the administrative denial of any incomplete plat submittal within ten (10) working days of the filing of the plat. Written notice of administrative denial shall identify the required elements of the submittal which are incomplete or lacking. D. Form and Content. The purpose of the preliminary plat is to provide the Commission with adequate information to determine whether the proposed development complies with the objectives and requirements of this ordinance and the Comprehensive Plan, including the Thoroughfare Plan. The developer shall submit to the Director six (6) copies of the preliminary plat drawn on 24" x 36" paper at a scale of one (1) inch to one hundred (100) feet or larger if necessary. Specific information to be included on the preliminary plat shall include the following:
E. Approval. The Commission shall render a decision on the preliminary plat at the meeting at which it is to be considered unless a postponement is agreed upon by the developer and the City Planning and Zoning Commission. Such decision may consist of approval, conditional approval, or disapproval. In accordance with state law, a subdivision plat is deemed approved if the City does not disapprove the plat within thirty (30) days of the submittal of a complete application. Conditional approval shall be deemed to be a disapproval of such plat until the Director determines that such conditions have been met, at which time the Director may approve the plat without sending it back to the Commission. Within ten (10) working days after his or her receipt of written affirmation from the developer that the conditions have been met, the Director shall either determine whether the conditions have been met or send the plat back to the Commission to make such determination. Approval of the preliminary plat shall lapse unless a final plat is submitted within one (1) year from the date of initial approval; provided that, upon (1) receiving a written request from the developer submitted prior to the lapse of preliminary plat approval and (2) finding that the developer is actively pursuing approval of construction plans and/or a final plat, the Director may extend the City's approval of the preliminary plat one time for not more than one year provided that he finds that no material change has occurred in the preliminary plat. A preliminary plat whose approval has lapsed and has not been changed since its approval may be reinstated by the Director as an approved preliminary plat upon the payment of all fees for a preliminary plat application in accordance with the fee schedule at the time of reinstatement and upon the Director's finding that the reinstated preliminary plat is in conformance with the objectives of this ordinance and the comprehensive plan. Subsequent units of subdivision shall be reviewed as to their conformance to the preliminary plat. Approval of the preliminary plat by the City Planning and Zoning Commission shall not constitute acceptance of the final plat, but will be deemed only concurrence with the arrangement of land uses and public facilities, the provision of public utility services or acceptable alternatives, the phasing of development, if applicable, and the approximate size of streets, lots, and blocks. The developer may proceed with the preparation of construction plans and the final plat in accordance with the approved preliminary plat and the regulations in effect on the date of preliminary plat approval or reinstatement, whichever is later.
A. General. The final plat shall conform to the preliminary plat as approved, except for minor changes approved by the Commission, and, if desired by the developer, it may constitute only that portion of the approved preliminary plat which he or she proposes to record and develop at the time; provided that such portion conforms to all requirements of the Fredericksburg Subdivision Ordinance which were in effect on the date of approval of the preliminary plat, and that the phases of development be indicated on the preliminary plat. B. Filing Time and Approval. Plats shall be filed with the City Clerk before the deadline established by the Director. Plat submittals which are incomplete shall be administratively disapproved. The Director shall provide to the applicant written notification of the administrative disapproval of any incomplete plat submittal within ten (10) working days of the filing of the plat with the City Clerk. Written notice of administrative disapproval shall identify the required elements of the submittal which are incomplete or lacking. The Commission shall render a decision on the final plat at the meeting for which it is to be considered unless a postponement is agreed upon by the developer and the Commission. The status of final plat approval shall be identified on the plat submittal, identifying whether plat approval is for construction or recording. The Commission shall take action on all complete plat submittals within thirty (30) days of the filing deadline. Such action may consist of approval, conditional approval, or disapproval. In accordance with state law, a subdivision plat is deemed approved if the City does not disapprove the plat within thirty (30) days of the submittal of a complete application. Conditional approval shall be deemed to be a disapproval of such plat until the Director determines that such conditions have been met, at which time the Director may approve the plat without sending it back to the Commission. Within ten (10) working days after his or her receipt of written affirmation from the developer that the conditions have been met, the Director shall either determine whether the conditions have been met or send the plat back to the Commission to make such determination. C. Form and Content. The final plat represents the Commission's final opportunity to assure that the development conforms to the requirements of this ordinance, that it is consistent with all the conditions identified in the preliminary plat and that there is compliance with all provisions of this ordinance. The developer shall submit to the Director six (6) copies of the final plat. The final plat shall be drawn at the same scale and same sheet size as the preliminary plat. Where necessary the final plat may be on several sheets accompanied by an index sheet showing the entire subdivision. The final plat shall show or be accompanied by the following information:
D. Recording. The final plat may be approved for recording after ninety percent (90%) completion of construction, as determined by the City Engineer, if a cash bond or surety bond or an irrevocable letter of credit acceptable to the Director is deposited with the City to secure the completion of all improvements. In this case, the Director shall certify that the financial assurance has been deposited with the City. Upon approval of the final plat for recording and certification by the Chairman of the Commission, the subdivider shall submit three (3) translucent film (Mylar) originals, of which one shall be retained in the files of the City Engineer. A digital file shall also be submitted if available. Approval of the final plat by the Commission shall constitute the acceptance by the public of the dedication of any streets or other public way or ground subject to the construction and maintenance guarantees of the developer. E. Phasing of Final Plats. Where only a portion of an approved preliminary plat is submitted for final approval, a final plat of the remaining area may be submitted at any time within five (5) years of the date of preliminary plat approval. If the final plat for the remaining area does not conform substantially with the approved preliminary plat, the remaining area of the preliminary plat shall be deemed null and void. If a final plat of the remaining area has not been submitted within the five (5) year time period, the portion of the preliminary plat for which no final plat has been submitted shall be deemed null and void. However, if at least one phase of the preliminary plat has received final plat approval, its public improvements have been completed, and it has been filed in accordance with these regulations, an extension to the five (5) year time limit shall be granted by the Director upon request by the developer unless the Director determines that development conditions have substantially changed since the date of preliminary plat approval, in which case the request shall be forwarded to the Commission. The Commission may deny the request if it determines that development conditions have substantially changed, and such conditions shall be stated in the minutes of the meeting. A request for the extension must be submitted to the Director prior to the five (5) year deadline date. Such extensions shall be for a period of one (1) year, and may be renewed annually.
9.1000: RESUBDIVISION AND VACATION, AMENDMENT, AND CORRECTION OF PLATS A. Replatting without Vacating Plats.
B. Vacating Plats.
The County Clerk shall write legibly on the vacated plat the word "VACATED" and shall enter on the plat a reference to the volume and page at which the vacating instrument is recorded. Upon the execution and recording of the vacating instrument, the vacated plat has no effect. C. Amending Plats. The 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 set forth in Section 212.016 of the Local Government Code. Notice, a hearing, and the approval of other lot owners are not required for the approval and issuance of an amending plat. D. Correction of Errors in Approved but Unrecorded Plats. A final plat which has been approved by the Commission but not recorded with the County Clerk and is found to contain a scriveners or clerical error may be corrected by the applicant upon approval by the Director. This procedure shall only be applied where the error is not substantive. The Director may send any such corrections to the Commission for approval.
A. Eligibility. A plat that meets the definition of a minor plat may be processed in one step and approved administratively thereby combining the preliminary plat and final plat requirements and, at the discretion of the Director of Planning and Building, eliminating the requirement to be forwarded to the Planning and Zoning Commission for review and approval (see definition of minor plat below). A minor plat is a plat involving four (4) or fewer lots fronting on an existing public street and as per the Director's determination that:
Construction plans may be waived by the Director. The Director will determine whether the proposed subdivision meets the definition of a minor plat based on the information presented at the preapplication conference and his or her determination is final. B. Application Procedure. The submittal of an application for a minor plat shall be made to the Director of Planning and Building at the Preliminary Conference. Upon determination by the Director that the proposed subdivision meets the definition of a minor plat, the applicant shall submit a final plat consistent with the requirements for preliminary and final plats in Section 9.900 and Section 9.1000 of this ordinance. C. Review Procedures. The Director shall review the proposed minor plat to insure compliance with all applicable requirements. The Director may submit the proposed subdivision to other City departments and/or other agencies for review and comment, as he or she deems necessary. Within ten (10) working days after the date of application, the minor plat shall be returned to the subdivider with written comments. Upon completion of plat review by City staff and corrections by the applicant, the applicant shall submit the items listed below within ten (10) working days after receiving staff comments:
If the items listed above are not submitted within ten (10) working days after receipt of staff comments, the minor plat application will be considered null and void. D. Approval Procedures. The Director of Planning and Building may approve a minor plat without sending it to the Planning and Zoning Commission, although he or she may elect to forward a minor plat to the Commission for review and approval. A minor plat not approved by the Director will be sent to the Commission for action within thirty (30) days after the date of application.
9.1200: MINIMUM IMPROVEMENTS AND DESIGN STANDARDS A. General. The purpose of minimum improvements and design standards is to reflect the character and quality of development envisioned by the City Planning and Zoning Commission to be in the best interest of the citizens both present and future, and to insure that the long term effects of development which takes place in current times will not become a burden upon the general public in the future. The standards expressed herein are established to provide streets of adequate right-of-way width, alignment and traffic capacity to prevent or at least to minimize traffic hazards and congestion, to provide adequate space for the installation of necessary utility services and collection and disposal of storm waters and to establish sized lots, tracts or parcels of land where residential and other types of building structures may be constructed without creating hazards to the health, safety and well being of the occupants. Where physical or topographical features may render the design standards identified to be impracticable, the City Council may authorize a variance from these standards (See Section 9.2100 D). B. Minimum Improvements Required. The following improvements are required prior to final plat approval for recording. 1. Monuments and Lot Markers. Monuments shall be set at each corner of the survey boundary of the subdivision, and permanent lot markers shall be placed at each lot corner. Monuments and lot markers shall be set immediately after completion of utility installations and street construction, or as the Director may require. 2. Street Access and Widths. All lots shall have access to a dedicated public or private street. Fee strips established to provide access to a tract not fronting a dedicated street shall not be permitted. Pavement width and right-of-way shall be as specified by the City Planning and Zoning Commission and in all cases shall be not less than the minimum standards in Section 9.1300.
A. Street Layout, Right-of-Way, and Pavement Widths. Adequate streets shall be provided by the developer and the arrangement, character, extent, width, grade, and location of each shall conform to the Comprehensive Plan, and these design factors shall be considered in their relation to existing and planned streets, topographical conditions, public safety and convenience, and to their appropriate relationship to the proposed uses of land to be served by such streets. The street layout shall be devised for the most advantageous development of the entire neighborhood. Unless specifically approved by the City Planning and Zoning Commission, no double front lots, as defined in this ordinance, will be allowed. Street type, pavement, and right-of-way widths for all streets within and adjacent to the subdivision shall be as specified by the City Planning and Zoning Commission and in all cases shall be not less than the following: STREET TYPE RIGHT-OF-WAY WIDTH PAVEMENT WIDTH 1. Arterial Street and Divided Highway (also known as a Major Thoroughfares). The primary function of an "Arterial Street" is to carry as much traffic as possible through the City at as high a speed as is safely possible. A "Divided Highway" is an arterial meeting the design standard of "Divided Highway" above. Existing and proposed arterials are designated on the Thoroughfare Plan. a. Type A Local Street. This type local street shall be used for primary and secondary access to single-family detached residential units or duplex residential units where such residential units comprise seventy-five (75) percent of the abutting street frontage on both sides of the street of a particular block. B. Relation to Adjoining Street System. Where necessary to the neighborhood pattern, existing streets in adjoining areas shall be continued, and continued street construction shall be at least as wide as such existing streets and in alignment therewith. Adjoining residential developments of similar density shall in all cases be connected by streets when feasible. The Commission may exercise discretion in requiring continuation of streets between developments of different residential density, between residential and non-residential developments, and between residential developments and arterial streets. Single-entry subdivisions shall be discouraged, and any subdivision containing more than fifteen lots must provide two or more street connections. Where the Commission finds that a street connection is not necessary, the Commission may require a pedestrian right-of-way containing sidewalk, trail or other subdivision improvements to facilitate pedestrian travel. C. Projection of Streets. Where adjoining areas are not subdivided, the arrangement of streets in the subdivision shall make provision for the proper projection of streets into such unsubdivided area. The spacing of street projections shall be in conformance with maximum block lengths allowed, subject to the discretion of the Commission in accordance with the preceding Part B. D. Street Jogs. A local or collector street intersecting a local or collector street shall have a centerline offset of not less than one hundred twenty-five (125) feet from the nearest intersection. A local or collector street intersecting an arterial street shall have a centerline offset of not less than three hundred (300) feet from the nearest intersection. E. Half Streets or Half Alleys. No half streets or half alleys will be permitted along the boundaries of proposed subdivisions. F. Street Intersections. Street intersections shall be as nearly at right angles as practicable, giving due regard to terrain and topography. Intersections with arterial streets shall be located for optimum visibility of the intersection by arterial street traffic with regard to vertical and horizontal curves, and for optimum stopping distance with regard to the arterial street grade. Curb radii shall conform to City standards. For intersections of two arterial streets, the Commission shall have discretion to require right of way tapers at approaches to such intersections, upon recommendation of the City Engineer in accordance with established engineering standards. G. Dead-End Streets. Dead-end streets shall be prohibited except as short stubs to permit future extension, and shall not exceed the depth of one lot on each side of said street, provided that in no case shall such depth exceed two hundred fifty (250) feet. A reserve strip deeded to the City shall be required separating the terminus of the dead-end street and the property line. Such reserve strips can be removed only through the subdivision of adjacent property that includes an extension of the dead-end street. H. Cul-de-sac. A cul-de-sac shall not be more than five hundred (500) feet in length unless approved by the City Planning and Zoning Commission for specific reasons of topography, engineering design or limited residential density or non-residential use intensity. In no case shall a cul-de-sac longer than twelve hundred (1,200) feet be allowed. In residential areas, the turn-around shall have a minimum right-of-way radius of fifty (50) feet and a minimum driving surface outer radius of forty (40) feet. In commercial or industrial areas, the turn-around shall have a minimum right-of-way radius of one hundred (100) feet and a minimum driving surface outer radius of eighty (80) feet. I. Marginal Access Streets. Where a subdivision has frontage on an arterial street, the City Planning and Zoning Commission may require marginal access streets to be provided on both sides or on the subdivision side of the arterial street, if the arterial street borders the subdivision; unless the adjacent lots back up to, side up to, or front with extra depth and access off an alley, and provide some other means of restricting individual access directly to the arterial, or unless the City Planning and Zoning Commission determines such marginal access streets are not desirable under the facts of a particular case for adequate protection of the lots and separation of through and local traffic. J. Existing Streets. In the case of a subdivision which is served by existing streets, and the right-of-way widths of such streets do not meet the minimum requirements of Section 9.1300 A of this ordinance and the City's general plans, the developer shall dedicate the following right-of-way, as appropriate to the situation as described below: 1. one hundred percent (100%) of the right-of-way necessary to bring the street into conformance with Section 9.1300 A for a local or collector street, whichever is needed to serve the development, when the subdivision abuts both sides of the existing street; or K. Reserve Strips. There shall be no reserve strips controlling access to streets, except for dead-end streets and where the control of such strips is definitely placed with the City under conditions approved by the City Planning and Zoning Commission. L. Horizontal Curves. Where a deflection angle of more than ten (10) degrees in the alignment of a street occurs, a curve of reasonable long radius shall be introduced. On streets with rights-of-way of sixty (60) feet or more in width, the centerline radius of curvature shall be not less than four hundred (400) feet; on streets with rights-of-way of less than sixty (60) feet in width, the centerline radius of curvature shall be not less than two hundred (200) feet. Between reverse curves, a tangent (straight segment) shall be introduced whose length is not less than one-half (½) of the radius of the adjoining curve. M. Street Grades. To assure adequate drainage a minimum gradient of 0.40% is necessary. Maximum grades will vary according to street classification and function. To reduce traffic hazards, grades should not exceed 15% on local streets and 10% on collector and arterial streets. N. Curbs. Curbs shall be installed in the subdivision on both sides of all interior streets and approach streets and on the subdivision side of all existing streets forming a boundary of the subdivision, in accordance with City construction standards, except for "Type ETJ" Local streets and alleys. O. Street Names. Names of new streets shall not duplicate or cause confusion with the names of existing streets, unless the new streets are a continuation of, or in alignment with, existing streets, in which case names of existing streets shall be used. P. Alleys. Alleys are not required unless used as a main vehicular access for commercial or residential lots or for townhouses or apartment parking. However, if the circumstances warrant, the City Planning and Zoning Commission may require that alleys be provided. Where alleys are required or where an alley is being provided by the developer, such alleys shall comply with the following criteria: 1. Width and Paving. Alley right-of-way or private easement width shall be twenty (20) feet. In business and industrial areas twenty (20) feet of paving shall be provided. In residential areas, a minimum of twelve (12) feet of paving is required. Alleys shall be approximately parallel to the frontage of the street and shall remain unfenced and open for all public utility lines, conduits and equipment. All alleys shall be improved in conformance with the City specifications. Q. Sidewalks. The following guidelines shall apply in determining sidewalk locations. 1. Sidewalks shall be installed as follows: a. The entire frontage on the subdivision side, or sides, of all major thoroughfares or arterial streets. 2. Sidewalks shall be installed at the expense of the developer in accordance with the following requirements: a. No sidewalk shall be required until a lot is improved (upon completion of construction) but at the time such improvements are constructed, a sidewalk complying with the provisions herein shall be provided at the front of such lot and along the street side of corner lots. A. Arrangement. Block length shall not exceed one thousand two hundred (1,200) feet. Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. Where the developer desires to facilitate the optimum solar orientation of residential structures, side lot lines may be placed at an angle of not less than sixty (60) degrees to the right of way, provided that all lots on a block face are similarly oriented. Each lot shall front on a public street or an approved and platted private street. 1. General. All lots inside the city limits shall meet the minimum lot size required by the Zoning Ordinance. The subdivision design shall provide for lots of adequate width, depth, and shape to achieve efficient use of land, to provide adequate open area, to eliminate overcrowding, to be appropriate for the location of the subdivision and for the type of development and use contemplated in accordance with the City's Zoning Ordinance. C. Building Setback Lines. The minimum depth of building setback lines from the property lines of developments located within the City shall meet the minimum requirements of the City's Zoning Ordinance. Building setbacks for developments located within the ETJ shall conform to the proposed zoning classification(s) for the development or in accordance with the developer's annexation agreement or in accordance with the Comprehensive Plan . STREET E. Preservation of Natural and Historical Features. All natural features such as large trees and watercourses, sites of historical, cultural or archaeological significance, and similar community assets shall be preserved in the design of the subdivision. Where the Commission and Council find that the preservation of such features poses a hardship on the developer, the Commission and Council may cite the hardship and the benefit of the preserved features as the basis for approval of variances from particular design standards of this ordinance. F. Park Fees and Park Land Dedication in Lieu of Fees. A fee consistent with the City's current schedule of fees shall be paid to the City by the subdivider to be combined with other funds dedicated for the acquisition of park land or recreational facilities. At its option, the City Council may accept land dedicated for park land by the subdivider in lieu of park fees if such land conforms with the Future Land Use Map, the Parks and Open Space Element, and the policies of the Comprehensive Plan. Minor Plats are excluded from park fees.
9.1500: DEVELOPMENT OF SENSITIVE LANDS: FLOOD HAZARDS The Federal Insurance Administration's report entitled "The Flood Insurance Study for the City of Fredericksburg", dated November 19, 1980, or as amended, with accompanying flood hazard maps and the City Drainage Ordinance shall serve as the basis for identifying those lands susceptible to flood conditions. The developer and/or his agent at the preapplication conference stage of preparing the preliminary plat shall establish floodway elevations. Lands that are to be platted for development which are susceptible to flooding shall be developed in accordance with current City code requirements. Areas subject to inundation under design storm conditions (the "floodplain") shall be indicated on the preliminary and final plat, with the minimum floor elevation for each lot so affected shown on the final plat. Areas subject to forces of erosion and horizontal forces from fast-moving water (the "floodway") shall be designated as either drainage right-of-way, if owned by the City, or restricted use areas. The Commission may disapprove a preliminary plat if, in the judgment of the Commission, a lot containing a drainage area does not contain sufficient area for a viable use allowed under the existing or proposed zoning. The Commission shall not approve the subdivision if from adequate investigations conducted by all public agencies concerned, it is determined that in the best interest of all the general public, the site is not suitable for platting and development of the kind proposed.
9.1600: OTHER TRACTS AND PARCELS When the land is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged to allow the opening of future streets and logical resubdivision.
9.1700: PUBLIC AND PRIVATE UTILITIES A. General. All public, private, and franchised utilities, including but not limited to electric lines, telephone cables, and television/communication cable, shall place service lines underground throughout any new residential development. Exceptions are: (1) overhead lines may be installed along the perimeter of a subdivision where primary electric lines and/or feeders are necessary to provide services to the development and adjacent areas; (2) underground utilities shall not be required in areas where it is impractical to so locate utilities upon determination of the Director, for example, to single infill lots where existing surrounding utilities are not underground; and (3) subdivisions outside the city limits. B. Placement. The placement and separation of the various utilities within an easement shall be subject to approval by the City Engineer. If a sanitary sewer, storm sewer, or water main is to be placed in an easement, the location of the main in relation to the other utilities shall be determined by the City Engineer. C. Perimeter Easements. In a perimeter easement where overhead primary electric lines and/or feeders are proposed, such overhead power poles shall be located as near as possible to the perimeter property line of the subdivision. D. Right-of-Way. The placement of any utilities within a street right-of-way or alleys shall conform to the City's engineering design standards and specifications and shall be subject to approval by the City Engineer. A. General. For utilities not located entirely within a public right-of-way, the subdivider shall dedicate easements to the public that shall allow every lot within a subdivision to have access to all available essential public, private, and franchised utilities as described above. B. Locations and Widths. For utilities placed at the rear or side of lots, easements shall be at least twenty (20) feet in total width, centered on lot lines except. Corner lots are treated as having two front yards. For utilities placed at the front of lots but not entirely within a public right-of-way, an easement shall be required from the edge of the right-of-way and shall be wide enough to satisfy the additional width needed to meet the City's engineering specifications. When an easement is required along a boundary abutting an unplatted area under separate ownership or other property under separate ownership on which no easements exist, and the developer cannot arrange for one half (½) of the 20-foot easement to be dedicated by separate instrument, a 20-foot easement shall be required along such boundary abutting such areas. When an easement is required along a boundary between a current and future phase of a proposed subdivision, one-half (½) shall be dedicated by separate instrument. If conditions exist which make it impractical to serve certain lots with utilities from rear easements or at the front of properties, easements may be required along side lot lines. The width of a side yard easement may be reduced to a total of ten (10) feet, centered on the lot lines, if approved by the Director. C. Street Lights. Where street lights are proposed, street light easements necessary to serve such lights shall be provided. Street light easements shall be a minimum of five (5) feet in width and shall be utilized only for street light wiring. D. Public Utilities. If a sanitary sewer, storm sewer, or water main is to be included in an easement with other utilities, such easement shall be at least twenty (20) feet in width. E. Maintenance of Easements. Maintenance of the easement is the responsibility of the owner of the property upon which it is located. It shall be the duty of the property owner to keep the area clear of any structure, debris, vegetation, trees, shrubs or landscaping whatsoever, except that lawn grass which shall be regularly mowed and controlled may be grown thereon. F. Aerial Easements. Overhead utility line easements shall be provided to afford clearance from existing overhead utility lines as specified by the National Electrical Safety Code and by other applicable codes and laws. The Director will provide information to ensure compliance with these specifications. G. Additional Easements. Aerial easements or easements of greater widths than specified above may be required as deemed necessary by the City Engineer. Wider easements may be necessary for the extension of utility mains, storm sewers and drainage, or the accommodation of utilities in other unique situations. Where utility easements are not straight within each block or do not connect on a straight course with the utility easements of adjoining blocks, then an additional easement shall be provided for the placing of guy wires on lot division lines in order to support poles set on curving or deviating rights-of-way or alleys.
9.1900: SEPTIC TANK SYSTEMS IN SUBDIVISIONS A. General Information. Septic tanks are not permitted within the city limits: all lots within the city limits must be connected to the City's wastewater collection system. For subdivisions in the ETJ, the following plat information is required for Departmental review in order to determine that a subdivision, when developed using septic tank systems for sewage disposal, will not become a public health hazard or pollute area water supplies, streams and lakes as set forth herein. 1. An accurate plat showing the proposed number and size of lots, and, if not for single family dwellings, the planned use and number of living units or other data sufficient to project wastewater generation. B. Lot Sizes. The use of septic tanks in a subdivision has a bearing on the ultimate lot size. In determining the minimum lot size for platting purposes, size will be determined by the suitability of the soil to function without creating a nuisance or health hazard. The lot must contain an adequate area to provide for expansion to twice the original size of the absorption field, in addition to maintaining the 75-foot minimum setback distances in accordance with the rules of the Hill Country Underground Water District and the Gillespie County Commissioners Court, or as may be amended.
9.2000: CONSTRUCTION REQUIREMENTS A. General. A perfectly prepared and recorded subdivision or plat means little to a prospective lot buyer until he or she can see actual physical improvements and transformation of raw acreage into lots suitable for building purposes. Improvements by the developer spare the community of a potential tax liability. Every developer shall be required to install monuments, streets, alleys, curbs, water mains, drainage systems, utility systems, and, where applicable, sidewalks, traffic control, and street lighting, in accordance with specifications established by the City. The developer shall bear the total cost of construction of all on-site improvements. All services for utilities shall be made available for each lot in such manner as will obviate the necessity for disturbing the street paving, curbs, and drainage structures when connections are made. B. Development Costs. 1. Internal Streets. a. The developer shall be responsible, at his or her own expense, for the construction of all streets within his subdivision . a. For subdivisions platted adjacent to existing perimeter or other City streets or providing internal access to such streets, the City will participate in the cost of or the construction of such improvements up to one-half (½) the cost of such improvements. The developer shall, at his or her expense, provide curbs along the subdivision side of such streets. In the event that the City constructs such improvements, the developer shall pay for or furnish satisfactory security for the payment of his or her pro rata share of such street assessments prior to the approval of the final subdivision plat for recording. 3. Street Light Installation. Street lights shall be installed at the expense of the developer and at no expense to the City. a. Facilities within Subdivision. The developer shall, at his or her own expense, dedicate such rights-of-way and construct such storm sewers, drainage ditches, sanitary sewers, water mains, pumping stations, drainage structures, and water lines of such a size as to adequately serve the area being subdivided; however, if the City should require the dedication of additional rights-of-way or the construction of sanitary sewers larger than eight (8) inches in diameter, water mains larger than eight (8) inches in diameter, or storm sewers, drainage ditches or pumping stations of size greater than set out above, then, the City shall within one (1) year after date of approval of the final construction plans, provided construction has completed within such one (1) year period and in accordance with approved construction plans, reimburse the developer for any increased cost of such facilities. 7. Bid Tabulation Sheet and Construction Contract Requirements. Before any developer shall be entitled to reimbursement of any funds, he or she shall furnish the City with a signed copy of the bid tabulation sheet which has been accepted by him for construction of the improvements for which the reimbursement is to be made, as well as a copy of the construction contract between such developer and the contractor. C. Construction Plans. 1. General. Construction plans and specifications shall be submitted for every subdivision in which new streets, alleys, water mains, sewer mains, or major drainage structures, as determined by the Director, are required. These construction plans shall accompany the final plat and shall clearly and concisely describe the manner in which the improvements are to be constructed. They shall be legible, complete and accurate. a. Identification, Location, and Seal. The proposed subdivision name and location, the name and address of owner or owners, and the name and seal of the Registered Professional Engineer preparing the plans. (1) Developer shall present a topographic map showing existing drainage conditions and submit a drainage plan which meets approval of the City Engineer prior to approval of subdivision. An adequate drainage system consistent with the City Drainage Ordinance, including necessary open ditches, pipes, culverts, intersection drains, drop inlets, bridges, etc., shall be provided for the proper drainage of surface water. The 100 Year Flood Plain shall be delineated based upon conditions of the projected ultimate development of the subdivision. h. Specifications. The project engineer shall provide written specifications identified on or accompanying the plans. Specifications shall meet or exceed City specifications. 4. Approval. All construction plans shall be subject to approval by the City Engineer, which shall be in writing. The City Engineer is hereby authorized and directed to prepare rules, regulations, standards and specifications for the construction, installation, design, location and arrangement of all improvements. D. Construction, Inspection, and Guarantees of Performance. 1. Construction Guarantee. No building permits shall be issued until the construction of all subdivision streets and utilities is 100% completed, and no plat shall be approved for recording until all improvements other than sidewalks are at least 90% completed. The subdivider shall file a security guarantee for the amount of the improvements not completed at the time of requesting final plat approval for recording. A guarantee for sidewalk construction may be submitted as a separate instrument to allow sidewalk construction by builders. The security shall be either money in escrow or a bond, irrevocable for a period of two (2) years from the date of approval of the final plat in the amount equal to the estimated cost of constructing and installing all the improvements required by this ordinance. Such funds or bond shall guarantee that, in the event of failure of the subdivider to make such improvements within two (2) years from the date of approval of the final plat, the subdivider's escrow account or bond shall be encumbered so as to cause the improvements to be constructed and installed without cost to the City. Upon completion of all required improvements, the maintenance guarantee shall be substituted for the construction guarantee. If the subdivider fails to provide the necessary maintenance within the stipulated two (2) year period after acceptance of the improvements by the City, the City Engineer shall so inform the City Attorney in writing, and the City Attorney shall take necessary action against the guarantees and security posted by the subdivider to complete such construction at no cost to the City. The City Attorney may also file appropriate proceedings in District Court against the subdivider and his or her security as set forth above.
A. General. 1. Any subdivision of land within the City of Fredericksburg's corporate limits or extra-territorial jurisdiction shall comply with this ordinance. B. Violations and Penalties. Any person, firm, or corporation who fails to comply with or violates any part of this ordinance shall be subject to the penalties pursuant to the City Code, as amended. C. Civil Enforcement. Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of this ordinance; to prevent unlawful construction; to recover damages; to restrain, correct, or abate a violation; or to prevent illegal occupancy of a building, structure, or premises; and these remedies shall be in addition to the penalties described above. D. Variances. The City Planning and Zoning Commission may recommend to the City Council a variance from these regulations when undue hardship will result from strict compliance. In the granting of a variance, the City Council shall prescribe conditions that it deems necessary to or desirable in the public interest. In arriving at their findings, the City Council shall consider the nature of the proposed uses of the land, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of the requested variance on traffic conditions, on natural and cultural features, and on the public health, safety, convenience, and welfare in the vicinity. Variances shall not be granted unless the City Council finds one or more of the following: 1. That there are special circumstances or conditions affecting the land involved so that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of this land. a. The Comprehensive Plan is amended in accordance with the requested variance or waiver; or 7. That all of the following exist for granting a variance to minimum lot size for commercial zoned lots: a. That the property which is the subject of the variance request is in the area defined in Section 6.825 B of the Zoning Ordinance of the City of Fredericksburg; and 8. That all of the following exist for granting a variance to minimum residential lot size: a. That the property which is the subject of the variance request is within a residential zone, that is within R-1, R-2, R-3, RM or MHP zones as established by the Zoning Ordinance of the City of Fredericksburg; and Such findings of the City Council, together with the specific facts upon which findings are based, shall be incorporated into the minutes of the City Council meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of the ordinance so that the public health, safety and welfare may be secured and substantial justice done. Financial hardship to the developer shall not constitute grounds for a variance. All requested variances from the ordinance shall be submitted in writing at the time of formal application of all plats with the Director of Planning and Building. Applications for variance request shall be confined to the criteria established above. Final approval for variances must be authorized by an affirmative vote of a majority of the City Council. Lack of affirmative recommendation by the Planning and Zoning Commission shall require a three-fourths (¾) vote of the City Council to approve a variance. E. Waivers. No waivers of any of the requirements in this ordinance shall be permitted other than waivers of claims for payment (Section 9.2300 D). Variances do not constitute waivers in that they allow substitute requirements as may be permitted under certain circumstances consistent with the criteria for variances in Part D above. F. Severability. Should any portion of this ordinance be held invalid or unenforceable for any reason, it shall not be construed to affect other portions of this ordinance.
A. Certificate of Ownership and Dedication. 1. The following note shall be placed on the plat with appropriate edits as indicated: Date: OWNER This instrument was acknowledged before me on this the day of , by: Notary Public in and for the State of Texas.
2. If the plat is a replat under Sections 212.014, 212.015, or 212.016 of the Texas Local Government Code, the following paragraph shall be added to the Certificate of Ownership and Dedication: Further, I (we), the undersigned, do hereby certify that this replat does not attempt to amend or remove any covenants or restrictions. If the plat is a replat without public notice under Section 212.014 of the Texas Local Government Code, the paragraph above shall be added to include the following: ...; and I (we) further certify that the lot in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot. 3. Holders of all liens against the property being platted shall execute a Lienholder's Acknowledgment and Subordination Statement in the following form: I (we), [Name(s) of mortgagee(s)], owner(s) and holder(s) of a lien (liens) against the property shown on this plat, said lien(s) being evidenced by instrument of record in Volume , Page , of the Deed Records of Gillespie County, Texas, do hereby subordinate our interest in all things in said property to the purposes and effects of said plat and the dedications and restrictions shown herein to said plat. Further, I (we) hereby confirm that I am (we are) the present owner(s) of said lien(s) and have not assigned the same nor any part thereof. B. Surveyor's or Engineer's Certificate . The following note shall be placed on the plat with appropriate edits as indicated: I, the undersigned, (a registered professional engineer and/or public surveyor) in the State of Texas, hereby certify that this plat is true and correctly made and is prepared from an actual survey on the property made under my supervision on the ground and that the corner monuments were properly placed under my supervision, and further certify that proper engineering consideration has been given to this plat; and that all aspects of it are in accordance to the City of Fredericksburg's Subdivision Ordinance. (Engineer or Surveyor Seal) The following note shall be placed on the plat: I hereby certify that the subdivision plat shown hereon has been found to comply with the Subdivision Regulations for the City of Fredericksburg, Texas, with the exception of such variances, if any, as are noted on the plat and that it has been approved for recording in the office of the County Clerk. Date: D. Certificate of Recordation. The following note shall be placed on the plat with appropriate edits as indicated: Filed for record at o'clock .m., this the day of , , A.D.on Page Volume of the Plat Records of Gillespie County, Texas. E. Restriction, Condition, and Covenant for Subdivisions in the ETJ. The following restriction, condition, and covenant running with the land shall be noted on any plat for which approval is sought which is located either partly or entirely within the extra-territorial jurisdiction (ETJ) of the City: RESTRICTION, CONDITION, AND COVENANT This plat has been approved by the City of Fredericksburg pursuant to the City's extra-territorial (ETJ) powers in effect on the approval date with the following restriction, condition, and covenant which is hereby agreed to by the developer of this subdivision as well as any other present property owner in said subdivision. In the event that the undersigned developer or any other person, firm, or corporation who shall acquire property in this subdivision subsequent to this date shall request additional improvements to bring such subdivision or any part thereof up to subdivision standards required within the corporate limits of the City or to greater standards than are required for a subdivision in the ETJ of the City, one hundred percent (100%) of the cost of such improvements shall be borne by the property owners of said subdivision at the time of such request. This obligation regarding the cost of the additional improvements to said property of this subdivision shall be considered a restriction, condition, and covenant running with the land of all property or properties in said subdivision to bind those current and future owners of the property in said subdivision. Any future conveyance of property in this subdivision shall reference a statement setting out this restriction, condition, and covenant running with the land F. Certificate for Minor Plats. The following note shall be placed on Minor Plats with appropriate edits as indicated: Approved this day of , , as a minor plat, by the Director of Planning and Building of the City of Fredericksburg, Texas, as authorized by Section 9.1100 of the City of Fredericksburg Subdivision Ordinance and Section 212.0065 of the Texas Local Government Code. Date: G. Other Plat Notes. 1. The following note shall be placed on all final plats where access to arterial streets has been limited: "ACCESS PROHIBITED." The lots and area affected by such limitation shall be clearly indicated.
9.2300: OTHER CERTIFICATIONS AND WAIVERS A. Certification of the Approval of Sewage System in the ETJ. I hereby certify that the sewage disposal utility system installed, or proposed for installation, in the subdivision plat entitled has a lot area of adequate size and configuration to meet the requirements of the County of Gillespie and are hereby approved. Date: County Sanitarian or Approving Agent B. Certification of the Approval of Water System. I hereby certify that the water utility system installed, or proposed for installation, in the subdivision plat entitled fully meets the requirements of the Hill Country Underground Water Conservation District and are hereby approved. Date: C. Certification of the Approval of Streets and Utilities. I hereby certify: (1) That streets, utilities and other improvements have been installed in an acceptable manner and according to City of Fredericksburg Standard Specifications in the subdivision entitled or, (2) That a surety bond in the amount of $ has been deposited with the City of Fredericksburg to assure completion of all required improvements in case of default. Date: D. Waiver of Claims for Payment In consideration of the approval of
does hereby waive any and all claims of damages against the City of Fredericksburg, Texas, occasioned by the establishment of grades or the alteration of the surface of any portion of existing streets and alleys to conform to the grades established in the above named subdivision. Date:
As used in this ordinance, the following definitions shall apply unless the context clearly indicates otherwise. ADOPTED POLICIES. Written administrative directives or standards adopted by the action of the City Manager. AREA OF THE LOT. The area of the lot shall be the net area of the lot and shall not include portions of streets and alleys. AUTHORIZED AGENT. An architect, builder, developer, or other person or persons empowered to act on behalf of other persons. BLOCK. A land designation consisting of a lot or lots that may be surrounded by public streets, public parks, cemeteries, or other natural or manmade physical features that disrupt what would otherwise be an unbroken landscape. BUILDING. Any structure which is built for the support, shelter, or enclosure of persons, animals, machinery, equipment, or movable property of any kinds. BUILDING AREA. The total area enclosed by a line formed by the outside surface of all walls at the foundation line. BUILDING LOT. A tract of land fronting a dedicated street and which, at the time of filing for a building permit, is intended by its owner or developer to be used, developed, or built upon as a unit under separate ownership or control. BUILDING SETBACK LINE. A line defining an area on the building lot between the street right-of-way line and/or other property lines, and the building line within which no building shall be constructed, encroach or project except as specifically authorized in an adopted ordinance of the City of Fredericksburg; also called Building Line or Set Back Line. a. FRONT BUILDING SETBACK LINE. A line parallel to the street right-of-way line which the building faces and/or takes its primary access from. CITY. The City of Fredericksburg, Gillespie County, Texas, a home rule municipality. CITY COUNCIL. The City Council of the City of Fredericksburg, Texas. COMPREHENSIVE PLAN. The text and maps, with any amendments or supplements thereto, which have been adopted in principle by the City Council to guide future development of the City of Fredericksburg, Texas, and its surrounding areas. CROSSWALK. A public right-of-way which provides pedestrian circulation. DEVELOPER. Any person or persons creating a subdivision. DEVELOPMENT. The term "Development" shall have the same meaning and effect as the term "Subdivision" referred to in these definitions. DIRECTOR. The Director of Planning and Building or his designated representative. DOUBLE FRONT LOT. See "LOT, DOUBLE FRONTAGE." EASEMENT. A strip of land dedicated for the use of the public by the grantor, but not granted in fee simple, for the installation and maintenance of utilities, drainage ways, or public access to open space or for bicycling or other recreational uses. EXTRA-TERRITORIAL JURISDICTION (ETJ). That area which is contiguous to the corporate limits to the City of Fredericksburg as stipulated in the Texas Local Government Code, as amended. FINAL PLAT. See "PLAT, FINAL." FRONT OR FRONTAGE. That portion of a tract of land which abuts on a street to which it has direct access. HIGHWAY. A roadway designated as such and maintained by the state or an arterial street meeting local design standards for a highway, including a "Divided Highway" (see STREET, Arterial). LOT. A physically undivided tract or parcel of land fronting on a street and which is, or in the future may be, offered for sale, conveyance, transfer, lease, or improvement, which is designated as a distinct and separate tract and may be identified by a lot number or tract symbol on an approved subdivision which has been properly recorded. a. LOT, CORNER. A lot situated at the intersection of and fronting two streets. (1) FRONT LOT LINE. The property line between the front yard and the contiguous street right-of-way boundary. h. LOT OF RECORD. A parcel of land which is part of a subdivision, the map or plat of which has been recorded in the office of the County Clerk of Gillespie County; or a parcel of land not a part of a recorded subdivision, which has been a separate and distinct parcel since prior to 4/23/84. MASTER PLAN. See "COMPREHENSIVE PLAN." OFF-SITE IMPROVEMENTS. All required improvements beyond the property limits of subdivision. ON-SITE IMPROVEMENTS. All required improvements within or contiguous to the subdivision. OPEN SPACE. Public and private property under public or common ownership designated for recreational use, private park, play lot area, plaza area, building setback and ornamental areas open to general view within the development, areas to be retained for views and vistas, wildlife preserves, and land set aside for drainage ways. No parking shall be designated as open space. PAVED AREA. An area surfaced with asphalt, concrete or similar all weather surface, not including gravel. PAVEMENT WIDTH. The portion of the surface of a street utilized for vehicular traffic. Where curbs are laid, "Pavement Width" shall be measured from back of curb to back of curb. In the absence of curbs it is that portion of vehicular improvements. PERSON. A natural person, his heirs, executors, administrators, or assigns; also includes a firm, partnership, corporation, or any other entity, its or their successors or assigns, or the agent of any of the aforesaid. PLAT. A map, drawing, or plan identifying the layout of a subdivision which is submitted for approval or the act of mapping or charting the subdivision. It shall include plan, plat, or replat, in both singular and plural. 1) required subdivision improvements are routine in design; c. PLAT, PRELIMINARY. The map or plat of a proposed subdivision submitted to the Director of Planning and Building that supplies sufficient information to determine whether the proposed subdivision complies with the purpose and intent of this ordinance and the Comprehensive Plan, including the Thoroughfare Plan. RESERVE STRIP. A City-owned strip of land, normally but not limited to, one foot in depth, adjacent to a public right-of-way or easement preventing the extension of said right-of-way or easement without the expressed consent of the owner. RIGHT-OF-WAY LINE. A dividing line between a lot, tract or parcel of land and the public right-of-way. SETBACK. The distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line. SIDEWALK. A paved pedestrian way. STREET. Any public or city-approved private roadway or space more than twenty (20) feet in width, which has been dedicated or otherwise established for vehicular circulation and access to adjacent property. 1. Arterial Street and Divided Highway (also known as a Major Thoroughfares). The primary function of an "Arterial Street" is to carry as much traffic as possible through the City at as high a speed as is safely possible. A "Divided Highway" is an arterial meeting the design standard of "Divided Highway." a. Type A Local Street. This type local street is used for primary and secondary access to single-family detached residential units or duplex residential units where such residential units comprise seventy-five (75) percent of the abutting street frontage on both sides of the street of a particular block. 4. Alley. A minor public right-of-way or private easement, not intended to provide the primary means of access to abutting lots, which is used primarily for vehicular service access to the back or sides of properties otherwise abutting on a street. STRUCTURE. Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, including, but without limiting the general inclusiveness of the foregoing, advertising signs, billboards, poster boards, and pergolas. SUBDIVISION. The division of a tract or parcel of land into two or more parts, any part being less than 40 acres, for laying out urban, suburban, building, or other lots and to lay out streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers, owners, renters, or other users of such partitions of the tract or lots fronting thereon or adjacent thereto for the purpose, whether immediate or future, of sale, lease, or building development. A subdivision of land 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 deed, by using a contract of sale or other executory contract to convey, or by using any other method. This definition is subject to the preemptive provisions of the Texas Local Government Code, as the same may be amended from time to time. THOROUGHFARE PLAN. The master plan of major and secondary streets and highways and which is a component part of the City's Comprehensive or Master Plan with any amendments as adopted by the City Council. YARD. An open space on the same building lot with the building unoccupied and unobstructed by any portion of the structure from the ground upward, except as otherwise provided. a. FRONT YARD. That part of the lot between a line projected the full width of the lot along the front of the main building on said lot. |
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