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1-20-72-Ordinance-Establishing Platting and Subdivision Regulations-01/17/1972ORDINANCE NO. 1-20-72 AT ORDITdAI CE OF TflE CITY OF SAI GER, TEXAS ESTABLISHING REGULATIONS FOR THE PLATTING AND DEVELOPMENT OF SUBDIVISIONS 11VI THIN THE LIMITS OF THE CITY OF SkNGER, AND WITHIN ALL OTHER AREAS OUTSIDE SUCH LIMITS BUT AIITHIN TBE EXTRATERRITORIAL JURISDICTION OF THE CITY OF SANDER, AS AUTHORIZED BY ARTICLE 974a REVISED CIVIL STATUTES OF TEXkI S; DEFINING TERMS; REPEALING ALL COTIFLICTING ORDINA-LACES; PROVIDING A PENALTY, PROVIDING FOR METHOD OF PUBLICATION AND EFFECTIVE DATE, PND CONTAINING A SEVERABILITY CLAUSE. , t ii ;REAS, the City Council of Sanger, Texas finds that existing rules and regulations of the City of Sanger, Texas, pertaining to the platting and developing of subdivisions are inadequate to protect the public interest, and that it is necessary and essential in the public interest of the health, safety, and general welfare of the citizens of the City of Sanger, Texas, to enact provisions establishing regulations for the platting and development of subdivisions v *thin the limits of the City of Sanger, Texas, which regulations shall also apply to all areas within the extra- territorial jurisdiction of said City of Sanger, Texas, as, provided by Article 974a, Revised Civil Statutes of Texas, and as :may be hereafter established by law, as more particularly hereinafter provided in the body of this Ordinance; NOT., THEREFORE, BE IT ORDIiINED BY THE CITY COUNCIL OF TP L CIT`i Or SAT TGFR, TEXt- Sm SECTION l ARTICLE 1-1 SCOPE AND APPLICABILITYm The provisions of this Ordinance shall govern and control the subdivision" and "resubdivision" of all property within the limits of the City of Sanger, Texas, a municipal corporation, hereinafter referred to as "City", and shall also be applicable to all property within the limits of the extraterritorial juris- diction of said 'City," as authorized and provided by Article 974a, Revised Civil Statutes of Texas, and as such extraterritorial jurisdiction may be hereinafter established by law. ARTICLE 1-2m DEFINITIONS. (A) ` Subdavislon'q shall mean the division of a lot, tract, or parcel of land into two or more lots or other divisions of land, for the purposes immediate .or future-, of sale or building development® The term "subdivision" shall include resubdivision and industrial development. (B.) "Resubdivisionp shall mean the division of an existing subdivision, together with any change 0of lot size therein, or the relocation of any street lines or lot lines, -1- (C) Lou lines4t shall mean the property lines of any tract or parcel of land which circumscribe the area divided by any plat of record in the plat or deed records of Denton County, Texas, or in the absence of such plat, the lot lines shall mean those property lines circumscribing the lots independently isolated on the official City of Sanger plat on file in the office of the City Secretary of said City of Sanger, (D) The term '-person$' as used in this Ordinance shall mean any individuals association, firm, or corporation® ARTICLE 1-3. STiTBDIVISION hPPROVAL F'_ND PLATTING PROCEDURE m All subdivisions of land within the City of Sanger, or within the extraterritorial jurisdiction of said City of Sanger, shall be platted, approved, and developed in accordance with the provisions of this Ordinance® The City of Sanger will not recognize any subdivision for the issuance of building %14permits, service by city utilities, or street maintenance; unless all of the requirements of this Ordinance are satisfied. No plat of a subdivision lying within such territory within the City, or within the; extraterritorial jurisdiction of the City, shall be filed or recorded in the office of the County Clerk of Denton County, Texas, and no subdivider or developer may proceed with the construction of any improvements in said subdivision, until such subdivision plat shall have been submitted to the City Planning Commission of the; City, and approved by the City Council of the City, and such approval entered on the final plat by the; IVIayor of the; City of Sanger, in accordance with the provisions of this Ordinance® ARTICLE 1-1l. PRELIMINARY PLLT REQ,UIRED® A preliminary plat of a proposed subdivision shall be filed with the City Se;crertary of the; City, for submission to the Planning and zoning Commission, at least tern (10) days in advance of the meeting of said Planning and Zoning Commission, at which approval is requested® Said preliminary plat shall bear the designation "Preliminary Plat", and shall comply with the; following minimum requirements: (A) Said plat shall be drawn on a scale•; not smaller than two hundred (200) feet to the inch, and shall be fil®d in sextuplicate; (B) The date of preparation of the plat, approximate; North point and scale of the plat, shall be; shown thereon. (C) The subdivision name, which shall not duplicate the name; of any existing subdivision, or be so similar thereto as to reasonably create confusion of identity, and the names and addressers of the owners and developers of the subdivision, and the name of the designer of the; plat, who shall be a registered pProfessional engineer,,or registered surveyor, shall be shown on the; plat® '(D) The location of existing and platted property lines, streets, buildings, water coursers, railroads, bridges, culverts, drainpipes, sewers, eater mains, public utility easements, and any other easements, within the proposed subdivision, and on the adjoining land, and property lines thereof, shall be shown thereon® -2- ( �) The names, locati ens, widths, and other dimensions of the proposed streets, alleys, easements, parks, reservations, blocks, lot lines and building lines, within the proposed subdivision shall be shown on said preliminary plat. The arrangement of streets in the subdivision shall provide for the continuation and extension of major and secondary thoroughfares, and the names of streets shall conform, wherever possible, to existing street names, and lots shill be numbered in a systematic, orderly arrangement. (F) The topography of the land �ai'chin the proposed subdivision, and imtediately adjacent thereto, delineating twc '.(2;)foot contour intervals, shall be shown on the plat. If a natural water course traverses the property, the center line of the water course shall be shown,, as well as the estimated high water flood line. ( G) The proposed land use of all lots within thy; proposed subdivision shall be shown on the preliminary plat and shall conform_ to existing Zoning Ordinances (H) Adequate off-street parking must be provided for lots set aside or planned for business use. ARTICiE 1-5 m PROCESSII�TG Or PRELITrINARY PLriT- APPROVAL OR DISAPPROVAL. A fter approval of the preliminary plat by the Planning and Zoning Comrl�.ssion, and compliancy; with a_ny conditional approval, or disapproval of the preliminary plat by the Planning and Zoning Coraraission, the Planning and Zoning Commission shall transmit said preliminary plat, together with the recommendations of the Manning and Zoning Commission, to the City Council for action by the City Council thereon, and approval or disapproval of the preliminary plat by the City Council. Prior to consideration by the City Council of a preliminary plat, the City Secretary shall transmit a copy of the proposed plat to the electric service company, the natural gas service company, the public school administration, the City +?ia.ter and Sewer departments, and any other interested municipal, state, or county agency or department, for consideration and recommendation in regard to specific service problems. Said interested companies, parties and agencies shall recommend approval or disapproval of said preliminary plat, and if disapproval is recommended, any conditions of approval shall be submitted in writing to the City Council within sixty (60) days from the time that the preliminary plat is submitted. Recommended approval of the preliminary _plat, however, shall not be deemed final acceptance thereof, but shall be considered solely as an expression of approval of the layout as submitted on the preliminary plat, and shall sere® as a recommendation to the City Council for final approval, subject to the stated conditions, if any. ARTICLE 1-5. FIN!-�L PL�!T - FORM AND COl1T12j14`1:6a �fter final approval of the preliminary plat by the City Council, and compliance with any conditions of approval of the r�reliminary plat required by the City Council, a final plat hall be prepared by the subdivider and submitted for approval, which final plat shall comply with the minimum following requirements, and shall contain, show, or be accompanied by the following® (A) The final plat shall conform substantially to the preliminary plat, as finally approved, and if dosircd by the developer, such final plat may cover only that portion of the land covered by the approved preliminary plat which the subdivider proposes to initially develop, and for which portion a final plat will be initially recorded. If the land covered by the preliminary plat is to be developed in stages or phases, a final plat must be submitted and finally approved, in accordance with the provisions of this ordinance, f or each portion, phase, or stage of said subdivision development covered by said preliminary plat, prior to the use or development thereof for subdivision purposes® (B) The final �lq.t shall be dra:�.n to a scale of one {1) inch equals tvvo dred (200) feet, on sheets eighteen (18) inches by eighteen (18) inches, and where necessary, may be on several sheets, accompanied by an index showing the entire subdivision. {C) An accurate boundary survey of the property, with bearings ann.d distances, referenced to survey lines, and established subdivisions, and showing pertinent data concerning property immediately adjacent thereto, In "dashed" lines. (D) Right -of -wary lines of streets and alleys; property lines of residential lots, parks and other sites, with accurate dimensions, bearing or deflection angles, and radii, arcs, and central angles of all curves. (E) Name and right -of -pry width of each street or other right- of -way . (Ii') Location, dimensions, and purpose of any easement. { G) Purpose for which sites other than residential lots are dedicated or reserved. {H) The location of minimum building set -bask lines from all streets on lots and other sites® (I} Acertificate of dedication of all streets, alleys, parks, easements, and other land intended for public useI signed by the owner or owners, a;nd by all other persons owning an interest in the property subdivided and platted, which certificate shall be acknowledged in the manner Drescribed by state laws for conveyances of real property. A certified copy of all deed restrictions, and building and use restrictions and covenants, filed for record in the office of the County Clerk of Denton County, Texas, shall be furnished to the City at the time of filing and recording the same. (J} Receipts indicating that current taxes have been paid on the property to be subdivided and a certificate thGt no delinquent taxes exist against the property, from each taxing agency. (h) 1,11 lots in the subdivision shall be numbered in numerical order, omitting block numbers. (L) A waiver of claim for damages against the City 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 subdivision. (PSI) Surveyor r s certificate, produced on the plat according to the following form: KNOW ALL MEN BY TEESE PRESENTS: Thant I, do hereby certify that I prepared this plat from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my personal supervision, in accordance with the Ordinances of the City of San8er, Texas. (N) Certificate of Improvement. e registered professional engineer shall furnish the City Council with a written certification stating that all improvements which have been completed prior to final approval have been satisfactorily completed in accordance with all City plans and specifications for such improvements. ARTICLE 1-7. FINAL PL?;T - SUBT�IISSION FOR APPROVAL The final plat of the proposed subdivision shall be filed in duplicate, together with a reproducible tracing of such plat, with the City Secretary of the City, for submission to the Planning and Zoning Commission, at least ten (IO) days in advance of the meeting of said Planning and Zoning Commission at which approval of said final plat is requested, provided, however, that if the approved final preliminary plat contains all of the information, data., and certification required of a final ?plat, and no changes from the approved preliminary plat have been made in the final plat, the final plat shall be submitted directly to the City Council for approval or disapproval instead of to the Planning and Zoning Commission, otherwise, the final plat shall be submitted initially to the Planning and Zoning'Conr.ulssion for approval. After approval of the final plat by the PI&nninb and Zoning Commission, and compliance with any conditional �pprova.l, or disapproval of the final plat by the Planning and Zoning Commission, the Planning and Zoning Commission shall transmit said final plat, together with the recommendations of the Planning and Zonint; Commission thereon, to the City. Council for action by the City Council thereon, and approval or disapproval of the final plat by the City Council. -5- T' SECRETARY I I 'Y ARTICLE 1-8. FINAL PLAT - RE EPJtE��TS FOR AiPPRO14 AL BY CITY The Gity Council shall not consider final approval of sRid final plat unless and until the following requirements are met, to -wit (A) Said final plat shall be submitted to the City Council for approval not less than ten (10) days prior to the next regular meeting of the City Council, at which approval of said plat is requested. (B) A set of proposed construction plans for all mprove- ments in the subdivision, including street improvements, street paving, curb and gutter installation, drainage structures, water and sewer mains and other utility installations, fire plugs, street lighting, and other appurtenant improvements, in accordance with specificati contained in this Ordinance, is prepared and submitted to the City Council at least ten (10) days prior to the meeting of the City Council at which the final plat is to be considered® (C) Before the, final plat shall be a_pl�roved bdr the City Council, ,and before any utilities are installed, a registered professional engineer shall complete the preliminary engineering survey to determine the requirements for the utility, curb and gutter, street construction and street paving installations, and necessary drainage structures to be installed in the proposed subdivision, or that part of the subdivision for which final -p1a.t approval is desired® (D) The engineering survey required by pa.r® (G) above, of Art® 1-8, shall include an estimate of the cost of said work, except when the subdivider desires to c omple to work nri or to final plat approval.- Such estimated costs shall be based upon estimated quantities,, as determined by the engineer from the preliminary survey and study, using the lowest unit price for each -phase of construction as established by formal or informal proposals from at least two (2) outside contractors at the time the work is to be done. ARTICLE 1-9. FINAL PLAT - DISPOSITION OF COPIES UPON APPROVAL . Upon approval of the final plat, the reproducible tracing and one copy shall be retained in the files of the City Council, a.nd one copy, iwith the.approval of the City Council endorsed thereon, shall be transmitted to the County Clerk for filing® ARTICLE 1-10. FILING FEES. Each subdivider shall pay to the City of Sanger, at the time of filing of each. preliminary or final plat, a fee of .p � �=��;�� Dollars . No plat shall be . nresented to the Planning and Zoning Commission unless the required fee shall have been paid in advance® ITY SECRETAFN I I 1,1P Y SECTION 2. ARTICLE 2-1 GE1_V`E'RAL CONSTRUCTION RE�UIREN�NTS. All street, curb and gutter, drainage, and utility installations in subdivisions shall conform to the minimum specifications set forth in this Ordinance. The subdivider or developer shall pay all costs of street, curb and gutter, drainage; and water and sewer utility installations in subdivisions. ARTICLE 2-2. STREETS. (A) The arrangement of streets in the subdivision shall provide for the continuation of major and secondary thorough- fare . Such thoroughfares shall be of the width recommended by the Planning and Zoning Commission, provided, however, that such width shall not be less than the minimum set forth herein. Minor residential streets in the subdivision shall provide convenient circulation of local traffic within the subdivision, and shall be so laid out that their use by through traffic will be discouraged. (B} Off -center streets and half -streets will generally not be permitted. In instances where the City Council finds that an exception to the prohibition against off -center and half streets is essential to the reasonable development of the subdivision, the City Council may grant an exception under such conditions as the City Council may deem necessary and ft annrdnrlate . (C) In any instance in which dead end streets are deemed to be necessary and are permitted by the City Council, a cul- de-sac with a 120 ft. minimal diameter on the turnaround in residential areas, and with a minimal diamager of 200 ft& in commercial areas, shall be provided. ( D) Whenever the City of Sanger master thoroughfare plan shall be adopted and available, the arrangement, character, extent, width, grade and location of all streets shall conform to such master thoroughfare plan. ARTICLE 2-3. STREET INTERSECTIONS. Arterial street intersections shall be at 90 deg. angles. Other street intersections shall be so laid out as to intersect as nearly to right angles as practicable, provided that no street shall intersect at an angle of less than 75 degrees. ARTICLE 2-4. STREET ?PvTIDTHS. All street widths shall be as shown on the master thorough- fare plan �r.hen adopted. Pending the adoption of suchh master thoroughfare plan, or w7here st.�eet widths are not shown thereon, all streets shall be laid out to meet the following minimum soecifications ( A) '��ajor° thoroughfare: The dedicated thorou�hfa_res shall be not less than eighty 5 ft. easement on both sides of street back maximum width required shall be 1l0 feet. portion of major (80) feet, with a of curb. The _7_ (B) Secondary thoroughfare: Eighty (80) ft. minimum width, with same ft, easement requirement as major thcrough- fares. (C) Access or service road: Sixty (60) fte minimurn width with ft. easement on both sides of street back of curb, as in thoroughfares. ( D ) Minor residential street : Fif ty !'- ) f t . minimum width, with same five (5) ft -easement requirement. (E) Minor street in apartment, commercial, or industrial areas Sixty (60) ftv minimum width, with easement requirement same as above. ARTICLE 2-�, CURVES IN STREETS. Ulhere a deflection angle of more than ten (10) degrees in the alignment of a street occurs, a curve of reasonably long radius shall be introduced. On all streets the center line radius of curves shall be not less than three hundred (300) feet. ARTICLE 2-6. CTJRB AND GUTTER. rCurb and gutter shall be constructed as a unit with battered curbs not less than six (6) inches in depth and a reinforced t=ith three(3) no. steel 3 bars of reinforcingte s running longitudinally, two (2) in curb section and the third � in the gutter section. Concrete shall consist of not less than "J five (5) sacks of Portland cement per cubic yard and the surface shall be troweled with a steel trowel and finished by brushing transversely with a wet brush. The curb and gutter shall be constructed on a two inch (2") minimum sand cushion. ARTICLE 2-7, RESIDENTIAL STREETS - 1-1/2'° ASPHALTIC CONCRETE (A), All clearing, and grubbing shall be to a depth of not less than one (1) foot below subgrade. (B). �ubgrade shall be scarified to a minimum depth of four (�. ) ir_ches and. re -compacted. to a minimum density of ninety (90) per cent standard proctor. If natural subgrade has a P.I. of twenty five (25) or greater, it shall be treated with lime. If sufficient depth of suitable subgrade material is not availabl+ it shall be removed and replaced with suitable material® (C). A minimum of five (5) inches of flexible base material consisting of crushed stone shall be compacted to a minimum density of ninety per cent M7f-) standard proctor. All materials and construction shall be in accordance with the requirements of the City of Sanger. (D). After completion of the flexible base and prior to surf acing, there shall be applied to the surface of the base an asphaltic x�rime coat complying with the requirements of the City of Sanger at a rate of 0.20 to 0.30 gallons per square yard. (E). After the prime coat has been absorbed by the ease it shall be surfaced with a minimum of one and one half inches (?-1/2$`) of hot mix asphaltic concret-e, type "D, complying With requirements of the City of Sanger, with coarse aggregate limited to crushed limestone. Asphalt street: 2 coats of asphalto Prime: AC 10 summer ) and RC5 (win r' ) , Treated Rock: PBLL -8- t 'r-SEUHt I AHT IIL COPY ARTICLE 2-3. CC7LLECTOR CR COMMERCIAL STREETS- 2" ASPHALTIC CONCRETE, (A). Subgrade requirements far collector or commercial streets shall be the same as required for residential streets, a.s set forth in Art. 2-7 (B). (B), A minimum of three inches (3'°) of sandy gravel base with the P.I. not exceeding twelve (12), compacted to a minimums density of ninety per cent standard proctor. All materials and construction shall be in accordance with the requirements of the City of Sanger® (C) Aspinaltic prime coat requirements shall be the same It as required for residential streets, as set forth in Art. 2-7 (D). (D), After the crime coat has been absorbed by the base, it shall be surfaced with a minimum of two inches (2") of hot mix asphaltic concrete, Type "D", to be laid in two (2) separate layers, the first layer to be a minimum of one inch (171) in thickness, and the two layers totaling to make two inches (21v) of hot mix asphaltic concrete, type "D", complying with the requirements of the City of Sanger, with coarse aggregate At to crushed lime stone, ARTICLE 2-9. MAJOR AND SECONDARY T�IOROUGHFARES- 5'$ CCNCREIE. (A). Subgrade requirements for major and secondary thoroughfares shall be the same as set or in Art. 2-7 (B), above, eXcept that concrete surfacing shall also be constructed on a two inch (2") minimum sand cushion, (B). Concrete surfacing shall be not less than five inches (5") in thickness, reinforced with no, 3 bars of steel on twenty four inch (24") centers, both ways. The concrete shall consist of not less than five (5) sacks of Portland cement per cubic yard, complying with the requirements of the City of Sanger. ARTICLE 2-10, SUBDIVIDER OR DEVELOPER TO PAY ALL STREET AND CURB A�`D GUTTER CONSTRUCITON COSTm It shall be the resnonsibzlity of the subdivider and/or developer to pay all costs for street construction, paving, and installation of curbs and gutters. The subdivider and/or developer shall also provide and pay cost of engineering work incidental to such street construction, paving, and installation of curbs and gutters, All items shall conform to specifications prescribed by the City of Sanger, ARTICLE 2-11, INSPECTION BY CITY. The City of Sanger shall have the right to make periodic inspection of all work, i.n connection with engineering and construction of streets, paving, and installation of curbs and gutters, as deemed necessary by the City, to insure compliance u.ith City requirements. This right of inspection shall include on -site inspections® _9® ARTICLE 2-12. OIrJNERSH-LE AND GUARANTEE OF STREET COI\SIRUCTION0 All sheet paving and curb and gutter installations in streets dedicated to the City shall be and remain the property of the City of Sanger. The developer shall require the contractor to furnish to the City, prior to making final approval, a written one-year guarantee against defects in material and/or workmanship of all facilities constructed® ARTICLE 2-13 . SIDE�nALKS . Sidewalks mo.y be required Thphen the judgment of the City Council deems it necessary that the safety of pedestrians requires such sidewalks. Otherwise the installation of side- walks shall be optional with the subdivider or developer. The placement of sidewalks, when required or elected to be used by developer, shall meet the standards of the City of Sanger. Al1 costs of construction of sidewalks shall be the responsibility of the subdivider and/or developer. ARTICLE 2-lfi. PUBLIC EASEMENTS. Fifteenpublic easements shall be provided i.n ail new subdivision developments. Alleys in commercial areas shall be twenty-five (25) feet in width. Public easements shall be located in the rear of lots fronting on adjoina.ng streets. Dead-end easements shall be avoided where practicable, but if unavoidable, shall be provided with adequate turn -around facilities at the dead end, as determined by the City Council. ARTICLE 2-15. BLOCKS. The length, width, and s:r?apes of blocks shall be determine with due regard to: (A) Provision of adequate building sites suitable to the special needs of the type of use contemplated. (B) Zoning requirements as to lot sire and dimensions. (C) Needs for convenient access, circulation, control and safety of street traffic. ARTICLE 2-16. LOTS. ( A) Ali lots in subdivisions shall conform to the mi nimurra requirements of the established coning distract. (B) Each lot shall face on a public street. (C) nThere corner lots are key lots, that is where lots face the frontage street and also other lots face the side street, the corner lot shall have a front building line on both streets® ARTICLE 2-17, BUILDING LINES. Building lines shall be s'�.o�;n on the final plat on all lots intended for business and residential use and shall provide th.e minimum set back as required by the Planning and Zoning Commission, and the Zoning Ordinances of the City of Sanger. -10- ARTICLE 2-lO. SCHOOL, PARK, PLAYGROUND, AND OTHER PUBLIC AREAS IO 73E GIVEN CONSIDERATION, The subdivider and/or developer in new subdivisions shall give due consideration to suitable sites for schools, parks, playground and other areas for public use, so as to conform =ith recommendations with res-pect thereto by the Planning and Zoning Commission or the City Council, Any provision for school areas, park or playground areas, and other areas for public use, shall be indicated. on the preliminary plat, ARTICLE 2-1=�. STREET LIGHTS Ai�;D SIGNS, (A). Street lights shall be installed by the subdivider and/or develo-per at all street intersections within the subdivision. Such street lights shall be of the mercury type, meeting all standards of the City of Sanger, and shall be installed at the cost of the subdivider or developer. The City of Sanger will pay the cost of maintenance and operation of street lights, after installation of such lights by the subdivider or developer. (B), The subdivider or developer shall provide street signs and/or markers, of a type approved by the City of Sanger, for the subdivision, at his own cost. Such street signs and/or markers shall be installed by the developer at the entrance to the subdivision, and at all intersections within the subdivision in accordance with standards of the City of Sanger, 1R TICLE 2-20, SURVE'� 110NLMENTS, (A), Permanent concrete monuments, not less than si:� (o ) �nCheS 1n Qia's?ete}.', aliCi It©t ess t�.an eighteen (1SP9 / inches long, having a copper or brass bolt set in the concrete with the survey point being clearly marked with a punch mark or cross, shall be set at the outside -perimeter corners of angle points of the subdivision, (B). If the terrain is such that the corner or angle monuments on the same azimuth are not visible from each other, an intermediate monument, or monuments, shall be set so that two (2) or more monuments on the same azimuth are visible from each other. (C). The monuments shall be set at angle points and at the beginning and end of all curves on boundary streets, alleys and interior streets, (D). Each monument shall be set approximately six (5") inches below the finished grade of the ground after any .recess area or other grading wyor is completed, (E). A three-quarter (3/4'9) iron pipe, not less than eighteen (lR@'} inches long shall be driven flush with the ground and a one (1} inch by two (2} inch guard stake driven by tine pipe, indicating the location of each monument. (F). All monuments and pipes must be indicated on the final plat along with the azimuth and distance between the monuments or pipes. t iNL COPY ARTICLE 2-21, STORM SE��IER SYSTEM IIy AREAS SUBTECT TO FLOODIiv�G 0 NINE adequate storm sewer system consisting of inlets, pipes and other underground drainage structures, with approved outlets shall be constructed by the developer, where runoff of storm water and the prevention of erosion cannot be accomplished satisfactorily, in the opinion of the City Council, by surface drainage facilities, and where the City Council finds that such storm. sewer system is necessary i.n the public interest to properly serve the subdivision. (B), Ar-eas subject to flooding conditions, as established by the City of Sanger, will not be considered for development until adequate drainage has been provided. The subdivider or developer shall install and pay the complete cost of said drainage system, ARTICLE 2-22. SEZnrER SYSTEM. All new subdivisions shall be provided with an approved sewage disposal system. Where the subdivision is located within the City of Sanger, it shall be connected to the sanitary sewer system of the City of Sanger, and where the subdivision is located outside the City limits of the City of Sanger, the City Council shall have discretionary power to connect the sewage disposal system of the subdivision with the sanitary sewage system of the City of Sanger, or to decline such connection, as the City Council may deem appropriate, taking into consideration all pertinent factors, The developer shall furnish all engineering and install the complete sewer system, at the cost of the subdivider or developer, The sewer system shall be designed and constructed in accordance with the standard specifications of the City of Sanger, and. shall meet all requirements of the Vaster Flan of the City of Sanger, when such master plan is ado-oted, Restoration of streets subdivider or developer, a.nd s uch work shall be borne by ARTICLE �-23, WATER SYSTEM. shall be the responsibility of the rzis contractor, and the cost of th e subdivider or developer, ALL new subdivisions shall be provided with an approved water distribution system, `mere the subdivision is loca'ced �Tithin the City of Sanger, it shall be connected to the water distribution system of the City of Sanger, and where the subdivision is located outside the City limits of the City of Sanger, the City Council shall have discretionary power to connect the water distribution system of the subdivisics. to the water no system of the City of Sanger, or to decline such connection, as the City Council may deem appropriate, taking into consideration all pertinent factors, The developer the complete water the subdivider or and constructed in City of Sanger, an Master Plan of the adopted, shall furnish all engineering and distribution systemat the sole , developer, The water system shall accordance with all requirements d shall also meet all requirements City of Sanger, when such Master install cost of be designed of the of the Flan is The size of all water and sewer lines installed subdivisions shall be determined by the City Council, in taking into consideration fire protection requirements and all other pertinent factors Primary water mains within the subdivision shall not be smaller than six (6") inches in inside diameter, except in unusual situations where the City Council may find that a smaller size main will furnish adequate fire protection and all other water requirements. If deemed .necessary, the City Council may require primary water mains in the subdivision to be of the size of eight (8") inches inside diameter, or larp.er® In no instance shall water or sewer lines be permitted of a smaller size than that required for adequate fire protection and normal service. In the event that the City Council should find that the size of water and sewer lines as shown on any Preliminary Plat should be insufficient to adequately serve the area involved, including fire protection, then the City Council shall fix and determine the size of water and sewer lines to be required, and no Preliminary or Final Plat shall be approved which does not fully meet such requirements, and no building permit shall be issued in any subdivision area where such require ments are not complied with, prior to the issuance of such permits ARTICLE 2-2�. FIRE HYDRANTS. Standard fire hydrants shall be installed as part of the is«ter distribution system in new subdivisions, in accordance with requirements and specifications of the Fire Chief of the City of Sanger, and the State Board of Insurance® The cost of all fire hydrants and installation of the fire hydrants shall be borne exclusively by the subdivider and/or developer® ARTICLE 2-26. LOCATION OF WATER AND SEWER MAINS. s All water and sewer system mains shall be placed and located in the 1K foot public easement provided at the rear of each lot. No deviation shall be permitted from this require- ment, ARTICLE 2-27. WATER AND SE-WER TAPFING FEES. Tapping fees for water and sewer connections shall be in accordance with fee schedules prescribed by the City of Sanger, ARTICLE 2-28. OWNERSHIP OF WATER AND SE'j%TR LINTS, CONSTRUCTION GUARANTEE, AND EXTENSIONS. (A), After water and sewer lines have been installed in any subdivision by the developer, such water and. sewer lines, as completed, will become the property of the City of Sanger and the developer shall have no right or title thereto, or any part thereof, and the City of Sanger will maintain said limes including fire hydrants) at its own expense. (B). All water and sewer Lines, and fire protection systems, in new subdivisions shall be completed prior to final acceptance of the subdivision. A written one®year guara_rrtee against defects in materials and/or workmanship of such water and sewer and fire protection facilities shall be furnished to the City by the developer, prior to the final approval of said subdivision and prior to the issuance of any building per-caits in the subdivision® -1�- (C). Extensions of said water and made or per -,,fitted by the City of Sanger, City may deem appropriate. sewer lines may be at any time that the (D). The developer shall never have the right to demand payment by the City for any portion of the expense of installatic of water and sewer mains, and fire protection systems, in .new subdivisions, provided, however, that in the event that the City shall require water and sewer mains to be installed, of a size substantially larger than that required to serve the subdivision, in order to provide for potential expansion of service, the City shall not be prohibited from making payment of part of the cost of such oversize mains, as the City shall deem equitable under the circumstances, and in the event that any such payment is made, the City shall have the right to recover such cost from developers later making connections with such water and sewer mains, or the City, at its election, may require the full cost of such oversize water and sewer mains to be borne by the initial developer, a.nd make provision for partial recovery of the cost thereof by the initial developer from subsequent developers, as a condition for tying onto such oversize mains® ARTICLE 2-2Q® INSTALLATION OF ELECTRIC, GAS, AND TELEPHONE SER I CE . The subdivider or developer of new subdivisions shall be responsible for making all .necessary arrangements with the public utility service company or municipal agency, as the case may be, for furnishing electrical service, gas service, and telephone service, to the subdivision. Except insofar as the public utility service company or municipal agency may bear the expense of such installation of service, in accordance with the established policies of such public utility or agency, the post of such installation of electric, gas, and telephone service shall be borne by the developer, or his assigns, and no Hart of such expense shall be borne by the City of Sanger, or constitute the responsibility of the City of Sanger. .The subdivider or developer of new subdivisions shall be required to establish to the satisfaction of the City of Sanger, that all necessary arrangements for the furnishing of electric, gas, and telephone service to the subdivision, have been made with the public utility service company or municipal agency, prior to the approval of the Final Plat of said subdivision, and prior to the issuance of any building permits in the subdivi.s10n. ARTICLE -30. AFFIDAVIT OF PAYMENT OR RELEASE FROM CONTRACTORS The subdivider or developer shall furnish the City with an affidavit or complete release from each contractor for street, curb and gutter, drainage, or utility improvements within the subdivision, stating that all costs incurred against the required improvements have been paid by the subdivider or developer, and that said cost of improvements shall never constitute an obligat- ion or liability against the City of Sanger, or any individual property owner within the subdivision® ARTICLE 2-31. ESCROTnT DEPOSIT PAYMENT PERFORMANCE BONDS. the City of Sanger, at its option, may require developers of subdivisions to provide an escrow deposit to guarantee the performance by the subdivider or developer of the obligations or any part of the obligations of the subdivider or developer established by this Ordinance, or the City may require the subdivider or developer to furnish the City of Sanger with a performance bond, to be issued by a surety company duly authorized to do business in Texas, and approved by the City of Sanger, guaranteeing the performance of such obligations, or a part thereof. In the event that the developer or subdivider should put up an escrow deposit, instead of a performance bond, the City shall never be liable for payment of interest on any such deposit or payments. ARTICLE 2-32® CON.IFLICT IN ORDINANCES, i�'henever the standards and specifications in this Ordinance shall conflict with those contained in another pertinent Ordinance, the most stringent or restrictive provision shall govern, SECTION 3. PEATALTY ARTICLE 3-�. Any person, firm, or corporation violating any provisions of this Ordinance shall be guilty of a misdemeanor, a..nd s11a1 upon conviction, be fined in a sum not to exceed Two Hundred Dollars (SS200.00), with each day of violation constituting a separate violation of this Ordinance, SECTION L-• PUBLICATION ARTICLE L7.-1, The City Secretary shall cause the publication of the caption and penalty clause of this Ordinance in two consecutive Issues of the official paper of the City of Sanger, Texas, and said Ordinance shall be= e effective fourteen (lL ) da is after the date of its passage, SECTION 59 SEVERABILITY, ARTICLE S-1. If anv section, paragraph, subparagrap�i or division, clause, pr4rase, or provision of this Ordinance shall be ad,�udged invalid or held unconstitutional, the same shall not in any manner be so construed as to affect the validity of the remainder of this Ordinance as a whole or any part or provision thereof, other than the part so held to be invalid Or unconstitutional. CITY SECRETARY ORIGINAL COPY APPROVED AND PASSED at a regular- meeting of the City Council of the City of Sanger, Texas, or this the 117 day of January, As D. 1972. EFEECTIVEi DS .T= 1®20-72 ti 'W3.t dui .-Fr`i1 15:. E L C`..,. ✓ 7CIL LN1. U ES 1' 39®7 .: you ATTEST: APPROVED AS TO FORI7: zty Attorney