04-12-08-Ordinance-Amending Chapter 10 Definitions-05/05/2008ORDINANCE 04-12-08
CHAPTER 10, SECTION 1 GENERAL SECTION 2 DEFINITIONS SECTION 3
PURPOSES AUTHORITY AND JURISDICTION SECTION 4 PROCEDURE
SECTION 7 FILING FEES AND CHARGES SECTION MAINTENANCE BOND
OR ESCROW ACCOUNT SECTION 9 EXTENSION TO EXTRATERRITORIAL
JURISDICTION SECTION 10 OTHER REQUIREMENTS
Section 1. That Chapter 10, Sections 1-4, of the Code of Ordinances, City of Sanger,
Texas, are hereby amended to read as follows:
"SECTION 1: GENERAL
These regulations shall,govern every person, firm, association or corporation owning any tract of
land within the city limits of the City of Sanger who may hereafter divide the same into two (2)
or more parts for the purpose of laying out any subdivision of any tract of land or any addition to
said city, or for laying out suburban lots or building lots, or any lots, streets, alleys, parks or
other portions intended for public use, for the use of purchasers or owners of lots fronting
thereon or adjacent thereto.
SECTION 2: DEFINITIONS
2.01 - Acreage, Net shall mean the acreage included within the boundary line of a particular
subdivision, tract, parcel, lot, etc., but excluding all public ways.
2.02 - Addition shall mean lots, tracts or parcels of land lying within the corporate boundaries of
the city which is intended for the purpose of development.
2.03 - Administrative Officers are every officer referred to by title, i.e., city manager, city
attorney, city engineer, director of public works, etc., and shall be the person so retained in this
position by the city or his duly authorized representative.
2.04 — Agricultural Purposes — Farming and /or ranching, not residential, commercial or any
other use.
2.05 - Alley shall mean a minor way used primarily for vehicular service to the rear or side of
properties otherwise abutting on a street, and designed for the special accommodation of the
property it reaches and not intended for general travel or primary access.
2.06 - Applicant means a developer submitting an application for development
2.07 - Approach Main is an off -site main which brings water or sewer service to the subdivided
property.
2.04 - Border Main is a water or sewer main located in a roadway, alley or utility easement
abutting the perimeter of the property of a subdivider.
2.057 Build means to erect, convert, enlarge, reconstruct, restore or alter a building or structure.
2.06- Building means any structure designed, used, or intended to be used for human occupancy
or use or to support the human occupancy or use of land, including mobile homes.
2.07 - Building Line shall be a line beyond which buildings must be set back from the right-of-
way line or property line.
2.08 - City or The City shall mean the City of Sanger, Texas.
2.09 - City Council shall be the duly elected governing body of the City of Sanger, Texas.
2.10 - City Engineer shall be the city engineer of the city, the city's consulting engineers, or their
duly authorized representatives.
2.11 - Ci T Manager shall refer to the city manager of the city.
2.12 - Code shall mean the City of Sanger Code of Ordinances
2.13 - Commission or Planning and Zoning Commission shall be the official city planning and
zoning commission of the city as appointed by the city council.
2.14 - Collector Street shall be a street which is continuous through several residential or other
districts and is intended as a connecting street between such districts and thoroughfares,
highways or business districts.
2.15 - Commercial Street shall denote any street situated so that fifty percent (50%) or more of
the property abutting it is zoned for other than low -density residential development.
2.16 - Commercial Tract shall mean any tract containing any type of land -use except for single-
family detached residential and two-family (duplex) residential uses and Agriculture use.
(Requirements and standards for religious and educational land -uses shall be the same as the
character of the predominant surrounding land -use.) Nothing contained in this definition shall be
considered as limitations to or repeal of the definitions set forth in the city's fire prevention code.
2.17 - County or the County shall mean Denton County, Texas.
2.18 - Cul-De-Sac shall mean a short residential street having but one vehicular access to another
street and terminated by a vehicular turn -around.
2.19 - Dead -End Street shall mean a street, other than a cul-de-sac, with only one (1) outlet.
2.20 - Developer means the legator beneficial owner or owners of a lot or any land proposed to
be included in a proposed development including the holder of an option or contract to purchase,
or other person having an enforceable proprietary interest in such land.
2.21 - Development means any man-made change to improved or unimproved real estate,
including but not limited to, buildings or other structures, paving, drainage or utilities, but not
agricultural activities.
2.22- Development plat means a plat reflecting new construction or the enlargement of any
exterior dimension of any building, structure, or improvement on property previously final
platted or not required to be platted.
2.23 -Development exaction means any dedication of land or easements for, construction of, or
monetary contribution toward construction of a public improvement required as a condition of
plat approval by the city under these regulations.
2.24 - Easement shall mean an area for restricted use on private property upon which any public
utility shall have the right to remove and keep removed all or part of any buildings, fences, trees,
shrubs or other improvements or growths which in any way endanger or interfere with the
construction, maintenance or efficiency of its respective systems within said area. Any public
utility shall at all times have the right of ingress and egress to and fiom and upon the said
easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining and
adding to or removing all or part of its respective systems without the necessity, at any time, of
procuring the permission of anyone..
2.25 - Emergency Access Easement shall mean a private street, alley or paved place dedicated to
the public for the purpose of providing access to adjacent structures by emergency vehicles such
as fire equipment, police or ambulances, the boundaries of which are continuously and
permanently marked.
2.26 - Engineer whenever used without a prefix, shall refer to a registered professional engineer
retained by a subdivider.
2.27 - Escrow means a deposit of cash with the city in accordance with city ordinances.
2.28 - Extraterritorial jurisdiction means the unincorporated area outside of and contiguous to
the corporate boundaries of the city as defined and established in accordance with Chapter 42 of
the Local Government Code.
2.29 - Final Plat shall refer to a map or drawing prepared according to the provisions of this
ordinance, and containing all surveying and legal data, dedications and certificates necessary to
the recording of same in the plat records of the county.
2.30 - Frontage means that side of a lot, parcel or tract abutting a street right-of-way and
ordinarily regarded as the frontal orientation of the lot.
2.31 - HUD Code Manufactured Home — A single or multi -section home which requires
transport to the site and installation that was built after 1976.
2.32 - Lot shall mean land occupied or to be occupied by a building and/or accessory building
and including such open spaces as are required by ordinances of the city and having its principal
frontage on a public street or officially approved place.
2.33 - Lot improvement means any building, structure, work of art or other object or
improvements of land on which they are situated, whether immediate or future, which includes
streets, alleys, utilities, drainage modifications, access modifications including curb cuts and
other similar activities covered by these regulations. Lot improvements include off -site work
accomplished for the betterment of removed building lots.
2.34 - Lot of Record shall mean a lot which is part of a subdivision, the plat of which has been
recorded with the County Clerk, Denton County; or a parcel of land, the deed for which was
recorded with the County Clerk, Denton County, prior to November 1961.
2.35 - Manufactured Housing shall indicate any residential structure which is fabricated off -site
(in whole or in part) and is assembled on the lot to a permanent foundation. Structures of this
type include modular homes, prefabricated homes, or any other structure commonly classified as
manufactured housing.
2.36 - Master Plan shall be the comprehensive plan of the city and adjoining areas as adopted by
the city council and the city planning and zoning commission, including all its revisions. This
plan indicates the general location recommended for various land uses, transportation routes,
public and private buildings, streets, parks and other public and private developments and
improvements.
2.37 -May means permissive.
2.38 - Mayor shall mean the duly elected presiding officer of the city council of the city.
2.39 - Mobile Home shall refer to moveable structures used primarily for residential purposes
any structures driven or towed to a site by the same conveyance. These shall include
conventional mobile homes, recreational vehicles, trailer coaches, trailer homes, travel trailers,
campers and all similar vehicles.
2.4.0 - Mobile Home Park or Trailer Courts are areas for renting or leasing sites for mobile homes
or trailer coaches.
2.41 - On -Site Main is a water or sewer main located in a roadway, alley or easement within the
perimeter of the property of a subdivider and which provides service only within a subdivider's
property.
2.42 - Open Space shall mean that part of any lot or tract that is used for recreational purposes,
both passive and active, but not including areas used for parking or maneuvering of automobiles,
or drives or approaches to and from parking areas.
2.43 - Oversize Main is a water or sewer main which the system's master plan requires or which
the city elects to construct or have constructed of larger diameter than that required to provide
service to the property of a subdivider.
2.44 - Owner means an all inclusive term denoting the person with primary responsibility
toward the city to see that these subdivision rules and regulations and the ordinances of the city
are complied with. The term includes person, firm, corporation, partnership or agent, attorney -in -
fact, manager or director, developer. Such term as used in this chapter always includes one (1) or
more of the persons enumerated in this section who own all or any part of the land which is
contemplated to be developed.
2.45 - Planning and Zoning Commission shall mean the body of seven (7) appointed members
charged with the responsibility of reviewing for approval all subdivisions, preliminary plats and
final plats in the city.
2.46 - Preliminary Plat shall be a map or drawing on which is shown the subdivider's proposed
arrangement of streets, lots, easements and other public spaces and facilities in the subdivision,
and which is intended for review and study by the city, and not for recording.
2.47 — Private Road/Street shall mean any road or street that is not dedicated the City and is
maintained by the property owner.
2.48 - Replatting shall be the re -subdivision of any part or all of any block or blocks of a
previously platted subdivision, addition, lot or tract.
2.49 - Residential Tract shall mean any tract of land developed for the purpose of single family
detached or two-family domestic living (religious and educational institutions may also be
included). Requirements and standards for religious and educational institutions shall be the
same as the character of the predominant surrounding land -use.
2.50 - Residential Street shall be a street which is intended primarily to serve traffic within a
neighborhood or limited residential district which is used primarily for access to abutting
properties and which is geometrically designed to discourage high speeds and through traffic.
2.51 - Re -subdivision shall mean the division of an existing subdivision, whether platted or
unplatted, together with any changes of lot size therein, or with the relocation of any street lines.
2.52 - Right-of-way means a strip of land occupied or intended to be occupied by a street,
crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or
storm sewer main or for another special use. The usage of the term "right-of-way" for land
platting purposes means that every right-of-way established as shown on a final plat is to be
separate and distinct from the lots or parcels adjoining such right-of-way and not included within
the dimensions or areas of such lots or parcels. Right-of-way intended for streets, crosswalks,
water mains, sanitary sewers, storm drains or any other use involving maintenance by a public
agency shall be dedicated to public use by the maker of the plat on which such right-of-way is
established.
2.53 - Sanitary Sewer shall refer to a pipe or conduit for water -carried wastes from residences,
business buildings, institutions and industrial establishments, and to which storm, surface and
ground water are not normally admitted, and which is a part of the public sewage collection
system.
2.54 - Service Line shall refer to a water or sewer pipe running from the water or sewer main to
the property to which water or sewer service is given.
2.55 - Sewer or Sewer Main used without any prefix shall refer to a sanitary sewer (excluding
service lines).
2.56 - Shall wherever used in this ordinance, will be interpreted in its mandatory sense.
2.57 - Short -Form Subdivision shall refer to any subdivision plat which meets the requirements
therefore contained in this ordinance.
2.58 - Standard Specifications shall refer to the document published by the North Central Texas
Council of Governments entitled "Standard Specifications for Public Works Construction" and
all subsequent revisions thereto and other specifications as adopted by the City.
2.59 - Standard Specifications and Codes of the city shall be applied to all improvements
constructed within the city and shall be in accordance with all revisions, as may be adapted by
the city.
2.60 - Storm Sewer or Storm Drain shall refer to a pipe, conduit or channel which carries storm
and surface water and drainage, but excludes domestic sewage and industrial wastes.
2.61 - Street means a way for vehicular traffic, whether designated a street, highway,
thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place or however otherwise
designated.
2.62 - Street Right -of -Way Width shall be the shortest distance between the lines which delineate
the rights -of -way of a street.
2.63 - Subdivider or Developer shall mean an individual, firm, association, syndicate,
copartnership, corporation or other organization dividing or proposing to divide land, or making
improvements to such land, so as to effect a subdivision of land hereunder for himself, or for
itself, or for another.
2.64 - Subdivision shall be any division of any lot, tract or parcel of land into two (2) or more
parts for the purpose of sales or of building development, whether immediate or future. It also
includes re -subdivision or replatting of land, lots or tracts. Divisions of land for agricultural
purposes in parcels of five (5) acres or more shall not be included within this definition, unless
any such division of five (5) acres or more includes the planning or development of a new street
or extension of public utilities.
2.65 - Survey shall mean a licensed land surveyor or a registered public surveyor, as
authorized by the State of Texas statutes to practice the profession of surveying.
2.63 - Thoroughfare shall be a principal traffic thoroughfare more or less continuous across the
city which is intended to connect remote parts of the city, or areas adjacent thereto, and act as a
principal connecting street with state and interstate highways.
2.66 - Thoroughfare plan means the official map depicting the city's existing and future street
system and roadway network, together with explanatory text. Thoroughfare Plan includes the
Thoroughfare Map.
2.67 - Utility Easement shall mean an interest in land granted to the city, to the public generally,
and/or to a private utility corporation, for installing or maintaining utilities across, over or under
private land, together with the right to enter thereon with machinery, vehicles and people
necessary for the maintenance of said utilities.
2.68 - Used for includes the phrases, "arranged for," "designed for," "intended for" and
"occupied for" and shall apply exclusively to physical uses.
2.69 - Variance means a modification from the terms of this ordinance, as applied to a specific
tract of property, if the modification is not contrary to the public interest and, due to special
conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so
that the spirit of the ordinance is observed and substantial justice is done.
2.70 - Water Main - Public shall refer to a pipe or conduit which is a part of a public water
distribution system (excluding service lines).
2.71 - Water Main — Private shall refer to a pipe or conduit which is not part of the public water
distribution center and is maintained by a private entity
j e '
3.01 - Under the authority of Article 974a of the Revised Civil Statutes of the State of Texas, as
amended, which article is hereby made a part of these regulations, the city does hereby adopt the
following regulations to hereafter control the subdivision of land within the corporate limits of
the city and in the unincorporated areas lying within the extraterritorial jurisdiction of the city, in
order to provide for the orderly development of the areas and to secure adequate provisions for
traffic, light, air, recreation, transportation, water, drainage, sewage and other facilities.
3.02 - Any owner of land inside or within the extraterritorial jurisdiction of the city wishing to
subdivide such land shall submit to the planning and zoning commission a plan of subdivision
which shall conform to the minimum requirements set forth in these regulations. Any owner
subdividing his land into parcels of not less than forty (40) acres each for agricultural or single
family use and not involving new streets or the extension of public utilities shall be exempt from
these requirements.
3.03 - No subdivision plat shall be filed for record and no lot in a subdivision inside of or within
the extraterritorial jurisdiction of the city shall be improved or sold until the plat shall have been
considered by the planning and zoning commission and approved by the city council. The city
shall have the authority to prohibit the installation of public utilities in unapproved subdivisions
and to prohibit the issuance of building permits for structures on lots in an unapproved
subdivision.
3.04 - Any violation of any provision of the ordinance outside the corporate limits of the city
shall not constitute a misdemeanor under this ordinance nor shall any fine provided for in this
ordinance be applicable to a violation within such extraterritorial jurisdiction, however, a district
court shall have the power to grant any or all types of injunctive relief in such cases.
1 ► � � t IZ�1 �111i1� �l
4.01- Pre -Application Conference
Prior to the filing of a preliminary plat, the subdivider shall consult with Administrative Officers
concerning compliance with the comprehensive master plan, the ultimate land use of the
proposed development, the suitability of the location of the proposed subdivision, the most
advantageous subdivision plan, the arrangement of streets, alleys and lots, and the layout of
utility lines and availability of service from trunk mains.
4.02 - Application Procedure
A. All property not subdivided into lots, blocks and streets, or properly to be resubdivided
within the city or within its jurisdiction, shall hereafter be laid out under the direction of the
planning and zoning commission, or in the absence of such a commission, by the city council, or
subject to its approval, and no other subdivision will be recognized by the city. Prior to the
consideration of the plat by the planning and zoning commission, the city manager and his duly
authorized representatives shall check the plat and make recommendations.
B. When a preliminary plat is filed with the city for review and approval, it shall be
immediately forwarded to the city engineer, who will make a preliminary study of the plat. If it
appears substantially complete, an on -site review of the tract to be subdivided will be made to
determine any apparent problems with development of the subject land. Any preliminary plat
which is found to be incomplete or requires significant changes shall be returned to the
subdivider for additions or changes before resubmission.
C. It shall be unlawful for any owner, or agent of any owner, to lay out, subdivide or plat any
land into lots, blocks and streets within the city, or to sell property therein, which has not been
laid out, subdivided and platted according to these regulations.
D. No officer or employee of the city shall perform, or cause to be performed, any work upon
any streets or in any addition or subdivision of the city, unless all requirements of these
regulations have been complied with by the owner of the addition or subdivision.
E. The city hereby defines its policy to be that the city will withhold improvements of any
nature whatsoever, including the maintenance of streets, issuance of building permits or
furnishing of sewage facilities and water service, until the subdivision plat has been approved by
the city council. No improvements shall be initiated nor any contracts executed until this
approval has been obtained
F. Any owner or developer of any lot, tract or parcel of land located within the corporate
Limits of the city or within its extra -territorial jurisdiction who may wish to effect a subdivision
of such land shall conform to the general procedure described as follows:
(1) The subdivider shall prepare and submit a "Preliminary Plat" that meets the
requirements herein to the city for review, study and approval by the planning and
zoning commission at least twenty (20) days prior to the commission`s next regularly
scheduled meeting. The planning and zoning commission shall act on the preliminary
plat within thirty (30) days from the date such conforming plat was filed. This
submission shall include six (6) folded prints and be accompanied by a Development
Application and the required fees. Upon the City Engineer's review and prior to
submission the Planning and Zoning Commission an additional fifteen (15) prints will
be required which shall include changes required by the City Engineer.
(2) In the case of a proposed phased development, the subdivider shall file a preliminary
plat showing the entire proposed subdivision, the various phases by which the
subdivision will be developed, and lots that will be sold within the phase to be
developed upon approval of the final plat by the city council. If the subdivision is to
be developed in phases or units, an overall master development plan for street,
drainage, water and sewer improvements shall be submitted to the city engineer by
the subdivider's engineer at the time the first phase of construction is submitted for
approval. This overall plan shall show the layout of streets and easements, lot
configurations, water and sewer main locations and sizes, fire hydrant locations,
manhole locations and drainage improvements;
(3) After approval of the preliminary plat by the planning and zoning commission, and
the City Council the subdivider may then prepare a "Final Plat" of all or a portion of
the land included in the preliminary plat for submission to and consideration by the
planning and zoning commission for final recommendations to the City Council. The
final plat and accompanying data must be submitted at least twenty (20) days prior to
the date of the meeting that such action will be taken by the planning and zoning
commission;
(4) Upon final action on any such plat by the city planning and zoning commission, the
same shall be referred to the city council, and the city council shall consider such
final plat for acceptance of the dedication of all public property therein set forth,
provided that the plat shall in all things fully comply with the terms and provisions of
this ordinance. The city council shall act on the final plat within thirty (30) days from
the date such plat was acted on by the planning and zoning commission.
(5) Upon acceptance of such plat by the city council and completion of required public
facilities or the filing of a performance bond by the developer which covers said
facilities, the developer shall submit or caused to be submitted a minimum of five (5)
executed prints and two executed reproducible prints to the city. The city secretary
shall immediately cause such plat to be recorded in the plat records of the county. The
subdivider shall, however, pay to the city, in advance, the required fees for filing of
such plat by the county clerk. The recording of the final plat shall be the
responsibility of the city secretary;
(6) In subdivisions approved for phased development no building permits shall be issued
by the building official until the public improvements, including installation of
franchise utilities, within that phase is completed and accepted by the city;
(7) The subdivider shall include in the conditions of sale for each lot within the
subdivision a notice to the purchaser that no certificate of occupancy shall be issued
for any structure or building constructed therein unless and until the city has approved
and accepted that phase of the subdivision;
(8) The subdivider shall understand that all proposed improvements are to be installed or
constructed at his own cost and expense, unless otherwise noted herein; and
(9) Where a plat of a lot of record of undivided property is proposed to be subdivided and
meets the criteria for abbreviated procedures set forth under the "short form
subdivision," and providing all of the requirements have been met, the subdivider
may submit a final plat to the city for approval. Where circumstances in the opinion
of the administrative officers warrant, such plat may receive administrative approval,
which action shall authorize the building official to issue a building permit for
improvements on said parcel.
4.03 - Preliminary
An application in writing for the approval of the preliminary plat, together with twenty (20)
prints measuring eighteen inches (18") by twenty-four inches (24"), shall be filed with the City at
least twenty (20) days before the meeting of planning and zoning commission, if the plat is to be
considered.
Reduced copies of preliminary plats shall be furnished on sheets measuring eight and one-half
inches (8-1/2") by eleven inches (11 "), with fifty (50) copies being required where a zoning
change is requested or anticipated, and ten (10) copies being required where no zoning change is
requested or anticipated.
No plat will be considered by the city until the prescribed filing fees have been paid.
The plat shall be drawn to a scale of not more than two hundred feet to the inch (1"-200'). The
information to be included and the procedure for submittals are as follows:
A. Existing Features
(1) The boundary line (accurate in scale) of the tract to be subdivided.
(2) The location, widths and names of all existing or platted streets or other public ways
within or adjacent to the tract, existing permanent buildings, railroads, rights -of -way
and other important features, such as abstract lines, political subdivision or
corporation lines, and school district boundaries.
(3) Existing sewer mains, water mains, drainage culverts or other underground structures
within the tract and immediately adjacent thereto with pipe sizes, grades and locations
indicated.
(4) Contours with intervals of two feet (2') or less, referred to mean sea level datum. In
areas where the terrain is relatively flat, supplementary contours shall be shown so
that the average horizontal distance between said lines does not exceed two hundred
feet (200').
(5) The names of adjacent subdivisions and/or the names of record owners of adjoining
parcels of unsubdivided land.
B. New Features
(1) The proposed name of the subdivision.
(2) North point, graphic scale, date and approximate acreage of the proposed subdivision.
(3) The names and addresses of the subdivider and of the engineer, surveyor or planner.
(4) The tract designation and other description according to the real estate records of the
city or county auditor and recorder; also, designation of the proposed uses of land
within the subdivision.
(5) All parcels of land intended to be dedicated for public use or reserved in the deeds for
the use of all property owners in the proposed subdivision, together with the purpose
or limitations of such reservations.
(6) The layout, names and widths of proposed streets, alleys and easements.
(7) The layout, numbers, set -back lines and approximate dimensions of proposed lots,
blocks, parks etc.
C . Utilities
Two (2) copies of the plat showing the proposed water and sanitary sewer mains and proposed
drainage facilities accompanied with information including the total watershed and drainage
areas, location of lines, inlets, culverts, bridges and calculated ran -off and points of
concentration.
D. Location Map
A location map of the proposed subdivision at a scale of one inch to two thousand feet
(1"=2,000') showing existing and proposed streets and thoroughfares covering an area at least
one (1) mile outside the proposed subdivision.
E. Cross -Sections
Two (2) copies of the typical cross -sections of proposed streets showing the width of pavement,
type of pavement and location and widths of sidewalks when not in conformance with standard
details.
F. Approval Block
The following notice shall be placed on the face of each preliminary plat by the subdivider:
"Preliminary Plat For Review Proposes Only."
The following certificates shall be placed on the
preliminary plat by the subdivider:
Approved for Preparation of Final Plat
City of Sanger, Texas Date
Planning and Zoning Commission
G. Submission
The city shall initially be furnished with six (6) folded prints of the preliminary plat measuring
eighteen inches (18") by twenty-four inches (24") along with a letter of transmittal stating briefly
the type of streets, drainage facilities, sanitary facilities and water system proposed for the
development, the development application and required fees at least twenty (20) days prior to the
meeting of the planning and zoning commission at which action will be taken by the commission
on the preliminary plat. Said letter shall note any and all exceptions to these regulations and the
reason(s) for such proposal. Prior to submission to the Planning and Zoning Commission, and
after approval by the City Engineer, an additional fifteen (15) prints will be required.
The planning and zoning commission shall act upon the preliminary plat within thirty (30) days
from said filing date. The planning and zoning commission shall issue to the city council in
writing a report on its actions regarding the preliminary plat.
The city council shall act upon the preliminary plat within thirty (30) days from the date of final
action on the preliminary plat by the planning and zoning commission. Final action on the
preliminary plat by the city council constitutes an authorization to proceed with the preparation
of the final plat.
H. Approval
The approval of the preliminary plat shall be effective for a period of one hundred eighty (180)
days after the approval date, unless reviewed by the planning and zoning commission in the light
of new or significant information, which would necessitate the revision of the preliminary plat.
Such revision shall be subject to the same procedures as the original preliminary plat.
If a final plat for the subdivision, or a portion thereof, has not been submitted, or if a change in
requirements has not occurred which would affect the preliminary plat, at the end of the one
hundred eighty (180) days after approval, then the city planning and zoning commission may
declare the preliminary plat null and void, unless the subdivider has requested and received an
extension of time.
I. Emotions
Where the subdivider may request exceptions or a waiver of these regulations, or is in
disagreement with the intent or interpretation of the requirements set forth herein, the city
planning and zoning commission may submit such requests of the subdivider to the city council
with recommendations for either an approval or disapproval.
4.04 - Final Plat
After approval of the preliminary plat, a final plat, prepared by a registered public surveyor and
bearing his seal, shall be submitted to the city for consideration.
Initially six (6) folded prints measuring eighteen inches (18") by twenty-four inches (24") of the
final plat along with an application for plat approval, the required filing fee, and the two (2)
copies of all required engineering drawings and other data shall be filed with the city not less
than twenty days (20) prior to the meeting at which an action of review and recommendation is
requested from the Planning and Zoning Commission.. Prior to submission to the Planning and
Zoning Commission, and after approval of the City Engineer, an additional fifteen (15) prints
will be required.
Ten (10) copies of the final plat shall also be furnished at a reduced scale on sheets measuring
eight and one-half inches (8-1/2") by eleven inches (11 ").
No plat will be considered by the city until all of the prescribed filing fees have been paid. The
final plat may constitute all or only a portion of the approved preliminary plat, but any portion
thereof shall conform to all of the requirements of these regulations unless exception has been
granted by city council.
If final plats are submitted for approval for portions or sections of the proposed subdivision, each
portion or section shall carry the name of the entire subdivision but shall bear a distinguishing
letter, number or subtitle. Block letters shall run consecutively throughout the entire subdivision,
even though such subdivision might be finally approved in sections.
Upon receipt of the proper submittal (required copies of the final plat, the detailed engineering
plans and other required data, and payment of all applicable fees,) and the individual cost
estimates for site improvements for water, sanitary sewer, storm sewer and paving improvements
shall be prepared and submitted in accordance with the following table:
Item Unit
No. Description Unit Quantity Price Cost
Also to be included as other required data, the developer shall submit additional detailed cost
estimates for any improvements to be constructed in which the city may be obligated for pro-rata
or other refund amounts. These improvements shall be determined by the city and in accordance
with the city's comprehensive plan.
The final plat shall be drawn on sheets measuring eighteen inches (18") by twenty-four inches
(24") and shall be drawn to a scale of not more than two hundred feet to the inch (1 "=200').
An additional five (5) prints and two (2) film positives of the final plat with original signatures
and seals, as required for filing with the county, shall be furnished by the subdivider on sheets
measuring eighteen inches (18") by twenty-four inches (24").
The final plat shall show or be accompanied by the following information:
A. The boundary lines with accurate distances and bearings, a metes and bounds description of
the boundary (error of closure shall not exceed one (1) in fifty thousand (50,000) for the plat
boundary), exact acreage to hundredths, and the exact location and width of all existing or
recorded rights -of -way intersecting the boundary of or bordering on the tract. One (1) copy of the
traverse closure sheet shall be enclosed.
B. True bearings and distances to the nearest established street lines, official monuments or
subdivision corner, which shall be accurately described on the plat. Municipal, township, county
or abstract survey lines shall be accurately tied to the lines of the subdivision by distances and
bearings, where applicable.
C. An accurate location of at least one (1) corner of the subdivision with reference to an
original corner of the original survey of which the subdivision is a part or an existing permanent
monument on an approved and recorded plat or permanent markers established by and approved
by the City Engineer.
D. An accurate location of the subdivision in reference to the deed records of the county which
shall include the volume and page of the deed of the property to be subdivided.
E. The exact layout, including:
(1) Street and/or alley names;
(2) The length of all arcs, radii, internal angles and points of curvature, length and
bearing of the tangents;
(3) All easements for right-of-way provided for public services or utilities and any
limitations of the easements; and
(4) All lot numbers and lines, with accurate dimensions in feet and hundredths and with
bearings and angles to street and alley lines to the nearest second.
F. The accurate location, material and approximate size of all monuments.
G. The accurate outline description of all property which is offered for dedication for public
use, such as parks, etc., with the purpose indicated thereon, and all property that may be reserved
by deed covenant for the common use of the property owners in the subdivision.
H. Building set -back lines.
I. Lot grading plan.
J. Private restrictions.
K. Name of the proposed subdivision.
L. Name and address of the subdivider.
M. North point, graphic scale and date.
N . City limits line, if it traverses the subdivision.
O. Location map at a scale of not less than one inch to two thousand feet (1 "=2,000') showing
existing and proposed streets and thoroughfares covering an area at least one (1) mile outside the
proposed subdivision.
P. Construction plans and profiles drawn on sheets, measuring twenty-four inches (24") by
thirty-six inches (36"), the same size as the final plat, and including the following information:
(1) A plan and profile of each street with top of curb grades shown. Each sheet shall
include north point, scale, date and benchmark description to mean sea level datum.
Unless otherwise approved by the city, scales shall be one inch equals forty feet
(1 "=40') horizontally and one inch equals four feet, five feet or six feet (1 "=4', 5' or
6') vertically. Each plan shall show the seal and signature of the registered
professional civil engineer who prepared the plans;
(2) The typical cross -sections of proposed streets showing the width of roadways and
type of pavement and location and width of sidewalk;
(3) A plan and profile of proposed sanitary sewers, with grades and pipe sizes indicated
and showing locations of manholes, cleanouts, etc., and a plan of the proposed water
distribution system showing pipe sizes and locations of valves, fire hydrants, fittings,
etc., in conformance with the applicable criteria presented in Section 6,
Improvements. Unless otherwise approved by the city, scales shall be one inch equals
one hundred feet (1 "=100') horizontally and one inch equals four feet, five feet or six
feet (1"=4', 5' or 6') vertically. Each plan shall show the seal and signature of the
registered professional civil engineer who prepared the plans. Each sheet shall include
north point, scale, date and benchmark description to mean sea level datum;
(4) A plan and profile of the proposed storm sewers, showing hydraulic data, pipe grades
and sizes, manholes, inlets, pipe connections, outlet structures, etc., in conformance
with the criteria as shown in Section 6, Improvements. Unless otherwise approved by
the city, scales shall be one inch equals forty feet (1 "=40') horizontally and one inch
equals four feet, five feet or six feet (1 "=4', 5' or 6') vertically. Each plan shall show
the seal and signature of the registered professional civil engineer who prepared the
plans. Each sheet shall include north point, scale, date and benchmark description to
mean sea level datum; and
(5) A plan of all the other utilities, showing the relative locations proposed for the water,
sewer, storm sewer and gas mains, utility poles, TV and electrical services, street
lighting, traffic control signs, and street signs, and acknowledged by the appropriate
representative of each agency involved;
Q. Certification by a registered public surveyor or licensed state land surveyor, registered in
the State of Texas, to the effect that the plat represents a survey made by him or under his direct
supervision and that all monuments shown thereon have been verified and actually exist, and that
their location, size and material are correctly shown. Such surveyor's certificate may be prepared
as follows:
"State of Texas
County of Denton
I hereby certify that this plat is true and correct and was
prepared from an actual survey of the property made on the
ground under my supervision.
Registered Public Surveyor
Texas R.P.S. No. "
R. A certificate of ownership and dedication of all streets, alleys, parks and playgrounds to
public use forever, signed and acknowledged before a notary public, by the owner or authorized
representative and lien holder of the land, and a complete and accurate description of the land
subdivided and the streets dedicated. Such owner's certificate may be prepared as follows:
"State of Texas
County of Denton
The owner of land shown on this plat and whose name is
subscribed hereto, and in person or through a duly
authorized agent dedicates to the use of the public forever all
streets, alleys, parks, watercourses, drains, easements and
public places thereon shown for the purpose and
consideration therein expressed.
Owner"
"State of Texas
County of Denton
Before me, the undersigned authority, on this day personally appeared, known to me to be
the person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he/she executed the same for the purposes and considerations therein expressed and in
the capacity therein stated.
Given under my hand and seal of office this day of ,19,.
Notary Public, Denton County, Texas"
S. A certificate placed on the plat in a manner that will allow the filling in of the certificate by
the proper parties.
Recommended For Approval
Chairman, Planning and Zoning Commission Date
City of Sanger, Texas
Approved And Accepted
Mayor
City of Sanger, Texas
Date
The undersigned, the City Secretary of the City of Sanger, Texas, hereby certifies that the
foregoing final plat of the Subdivision or Addition to the City of Sanger was
submitted to the city council on the , day of ,19_, and the council, by formal
action, then and there accepted the dedication of streets, alleys, parks, easements, public
places and water and sewer lines, as shown and set forth in and upon said plat, and said
council further authorized the mayor to note the acceptance thereof by signing his name as
hereinabove subscribed.
City Secretary, City of Sanger, Texas"
T. Certificate from city tax collector and from the proper official of other taxing agencies
within whose jurisdiction the proposed subdivision lies showing that all ad valorem taxes, liens
and fees have been paid on the tract to be subdivided.
The planning and zoning commission shall act upon the final plat within the thirty (30) days
from said filing date and submit said action of recommendation to the city council. The city
council shall then approve or disapprove the recommendations of the planning and zoning
commission within thirty (30) days thereafter.
The final plat shall be recorded by the city secretary in the office of the county clerk of the
county within thirty (30) days from and after the date of final acceptance by the city council; the
subdivider shall, however, pay to the city, in advance, the required fees for filing of such plat by
the county clerk.
Two (2) sets of approved plans and specifications for water, sanitary sewer, paving and drainage
improvements, prepared by a registered professional civil engineer, shall be submitted to the city
prior to any construction in the subdivision.
The approval of the construction drawings by the city council shall be effective for a period of
two (2) years after the approval date of the final plat unless the subdivider has requested and
received an extension of time. Construction drawings which have expired shall be resubmitted to
the city for approval before any construction is begun. The design of the proposed improvements
shall be based on the construction requirements which are in effect at the time of resubmittal.
4.05 - Procedure For Short Form Subdivision
A. Any subdivision or replat thereof which may be determined to fall within the following
criteria may be termed a "short form subdivision" and shall comply with the abbreviated
procedures set forth herein. "Plats for record" of "lots of record" of unplatted property shall be
deemed to meet these criteria if-
(1) The land in question is not being subdivided into more than three (3) lots.
(2) The subdivision or use of the land subdivided does not necessitate any appreciable
alteration of utility installations, streets, alleys or building setback lines; and
(3) The tracts so subdivided conform in size and shape to the lots in the vicinity and the
zoning in the immediate area.
B. All design, engineering, improvements and drawing information standards provided in
these regulations applicable to all subdivisions shall be applicable to the short form subdivisions.
Preliminary platting is not required.
C. If the city engineer finds that the final plat meets all the provisions of these regulations,
he/she shall present the final plat to the commission and council for review.
D. The final short form plat shall be filed with the city accompanied with the required filing
fee. After all requirements have been met and signatures obtained, the plat and all other
necessary instruments shall be filed for record with the county clerk by the city secretary.
E. In the case of plats for record, after all requirements have been met and the final short form
plat properly filed, administrative approval may be granted.
4.06 - Construction of Improvements
A. The subdivider/developer shall contract for improvements except where city participation
is involved. In cases of city participation, the developer/owner shall comply with state statutes
and city regulations regarding competitive bidding.
B. The subdivider's/developer's engineer shall administer the contract.
C. A pre -construction conference, to be held at city hall, will be required. This conference
shall be attended by the city engineer (or authorized representative), the subdivider's/developer's
engineer, the engineer's inspectors, the contractor(s), and other appropriate representative as
deemed necessary by the city.
4.07 Amended Plat
Any person who wishes to revise a subdivision plat which has been previously filed for record
must make an application of the proposed revised plat to the city council. An amendment of a
subdivision may be done for one of the following purposes:
(1) to correct an error in a course or distance shown on the preceding plat;
(2) to add a course or distance that was omitted on the preceding plat;
(3) to correct an error in a real property description shown on the preceding plat;
(4) to correct any other type of error or omission on a previously filed plat;
(5) to replat one or more lots fronting on an existing street if:
(A) the owners of all lots join in the application for amending the plat;
(B) the amendment does not attempt to remove any restrictions;
(C) the amendment does not increase the number of lots; and
(D) the amendment does not create or require the creation of a new street or
make necessary the extension of municipal facilities.
A Public Hearing is not requires for the approval and issuance of an amended plat.
The city engineer and city manager are delegated the approval responsibility of an amended plat.
At any time the city manager or city engineer may elect to present the plat for approval to the
Planning and Zoning commission and to the City Council, neither the city manager nor the city
engineer shall disapprove a plat, and upon refusal to approve the amended plat shall refer the
amended plat to the Planning and Zoning Commission and City Council.
4.08 - Replat or Resubdivision of Plats
A. General
(1) Replat or resubdivision of a plat, or a portion thereof, but without vacation of the
immediate previous plat, is hereby authorized; and shall be deemed valid and
controlling, when approved, after a public hearing, by the Planning and Zoning
Commission, when:
(a) It has been signed and acknowledged by all the owners of the particular
property which is being resubdivided or replatted.
(b) It has been approved by the Planning and Zoning Commission, after a public
hearing in relation thereto at which parties in interest and citizens shall have an
opportunity to be heard.
(c) It does not attempt to alter, amend, or remove any covenants, easements or
restrictions.
(d) There is compliance, when applicable, with subsections a, b, and c of this
section.
B. Filing time. The time required to review and process a replat or resubdivision of a plat shall
be a maximum of thirty (30) days. Replats or resubdivisions shall be filed with the City Clerk a
minimum of twenty-one (21) days prior to the meeting of the Planning and Zoning Commission,
at which time approval is requested. Replats or resubdivisions shall show or be accompanied by
the information that is required for preliminary plats or final plats, whichever is applicable.
Replats or resubmissions shall not be docketed for Planning and Zoning Commission
consideration unless the requirements of this chapter are met.
C. Notice and hearing. The following additional requirements for approval shall apply, in any
resubdivision or replatting of a subdivision, without vacating the immediate previous plat, if any
of the proposed area to be resubdivided or replatted was, within the immediate preceding five (5)
years, limited by an interim or permanent zoning classification to residential use for not more
than two (2) residential units per lot, or if any lot in the immediate previous subdivision was
limited by deed restriction to residential use for not more than two (2) residential units per lot:
(1) Notice of Planning and Zoning Commission hearing shall be given in advance, in the
following manner:
(a) Publication at least fifteen (15) days in advance of hearing being published in
the official newspaper of the City of Sanger.
(b) Written notice (with a copy of subdivision (2) of Section 4.080 attached thereto)
of such public hearing forwarded by the Planning and Zoning Commission 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 the post
office in closest proximity to the city hall of the City of Sanger, provided,
however, if such immediate preceding subdivision plat shall contain more than
one hundred (100) lots, such notice shall be mailed only to those owners of lots
which are located within two hundred (200) feet of the lot or lots which are
sought to be replatted or resubdivided.
(2) If the proposed replat requires a variance or is protested in accordance with this
subsection, the proposed replat must receive, in order to be approved, the affirmative
vote of at least three -fourths of the members present of the planning and zoning
commission and City Council.
For a legal protest, written instruments signed by the owners of at least 20% of the
area of the lots or land immediately adjoining the area covered by the proposed replat
and extending 200 feet from that area, but within the original subdivision, must be
filed with the planning and zoning commission and City Council prior to the close of
the public hearings.
(3) Provided, however, compliance with subdivision (1) or (2) of Section 4.08C shall not
be required for approval of a replatting or resubdividing of a portion of a prior plat, if
all of the proposed area sought to be replatted or resubdivided was designated or
reserved for usage other than for single- or duplex -family residential usage, by
notation on the last legally recorded plat or in the legally recorded restriction
applicable to such plat."
Section 2. That Chapter 10, Sections 7-10, of the Code of Ordinances, City of Sanger,
Texas, are hereby amended to read as follows:
7.01- The schedule of fees and charges shall be paid to the city when any plat is tendered for
approval. Each of the fees and charges shall be paid in advance.
7.02 — The Administrative Officials, shall calculate the basic fees and charges for Plat review in
accordance with the following schedule:
A. Residential Tract Preliminary Plats -
$400.00 plus $6.00/lot < 10
$500.00 plus $10.00/lot > 10
$500.00 plus $15.00/acre for plats with lot sizes of one acre or more
B. Residential Tract Final Plats -
$400.00 plus $6.00/lot <10
$500.00 plus $10.00/lot >10
$500.00 plus $15.00/acre for plats with lot sizes of one acre or more
C. Short Form Plats -
$400.00 plus $3.00 each lot, or $15.00 per acre for lots larger than 1 acre.
D: Amended Plat
$200.00 plus $3.00 per lot
E. HUD Code Manufactured Home Park Preliminary Plats -
$500.00 plus $6.00 each lot.
F. HUD Code Manufactured Home Park Final Plats -
$500.00 plus $6.00 each lot
G. Construction Plan Review Fees for Residential Plats shall be as follows:
1 - 10 lots $100.00 plus $10.00 per lot
11+ lots $400.00 plus $10.00 per lot
H. Commercial Tract Preliminary and Final Plat -
Less than 1 to 4.99 Acre Tract
5.000 to 24.999 Acre Tract
25.000 to 99.999 Acre Tract
100.00 Acre Tract and Over
$500.00 + $15 per acre
$600.00 ea. Plat + $15 per acre
$950.00 ea. Plat
$950.00 ea. Plat + $5.00 per acre
I. Construction Plan Review Fees for Commercial Plats shall be $ 800.00 plus $100.00 for
each lot after the first lot.
The subdivider shall furnish a good and sufficient maintenance bond in the amount of ten percent
(10%) of the contract price, or in such amount as approved by the city, with a reputable and
solvent corporate surety, in favor of the city, to indemnify the city against any repairs which may
become necessary to any part of the construction work performed in connection with the
subdivision, arising from defective workmanship or materials used therein, for a full period of
two (2) years from the date of final acceptance of the entire project. Final acceptance will be
withheld until said maintenance bond is furnished to the city.
The subdivider may, in lieu of providing a maintenance bond, deposit in an interest -bearing
escrow account with a reputable financing institution, an amount equal to ten percent (10%) of
the contract price or in such amount as approved by the city.
This escrowed amount shall be on deposit, in favor of the city, to indemnify the city against any
repairs which may become necessary to any part of the construction work performed in
connection with the subdivision, arising from defective workmanship or materials used therein,
for a full period of two (2) years from the date of final acceptance of the entire project. Final
acceptance will be withheld until said escrow account has been established to the satisfaction of
the city.
On such date when the maintenance period expires, the city shall release the escrow account,
plus all accrued interest, to the subdivider, less any maintenance or repair costs incurred by the
city due to defective workmanship or materials.
9.01 - The Subdivision Regulations Ordinance of the city, as it now exists or may hereafter be
amended, is hereby extended to all of the area lying within the extraterritorial jurisdiction of the
city, and the rules and regulations within said Subdivision Regulations Ordinance governing
plats and subdivision of land shall be applicable to such area within said extraterritorial
jurisdiction from and after the date of final passage of this ordinance.
9.02 - Subdivisions or platting of any tract of land within the extraterritorial jurisdiction of the
city shall be regulated by these subdivision regulations.
9.03 - A street variance may be given on a street in the extraterritorial jurisdiction if it conforms
to the following requirements:
(a) It serves no more than six lots;
(b) It is not maintained by the City and does not he within designated public right-of-
way;
(c) No lot shall be less than 1.0 net acre;
(d) Each lot will contain a minimum 1800 square feet dwelling; and,
(e) All dwellings must be site built, standard construction.
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10.01- Exceptions
These rules and regulations are the standard requirements of the city. A variance or waiver of
any of these rules and regulations may be granted by the city council, upon a showing that there
are special circumstances or conditions affecting the property in question and that enforcement
of the provisions of this ordinance will deprive the applicant of a substantial property right, and
that such variance or waiver, if granted, will not be materially detrimental to the public welfare
or injurious to other property rights in the vicinity.
10.02 - Penal
Any person, firm or corporation who shall violate any of the provisions of this ordinance or who
shall fail to comply with any provision hereof in the City of Sanger shall be guilty of a Class C
misdemeanor and be subject to a fine of not more than two hundred dollars ($200.00). Each day
that such violation continues shall constitute a separate offense and shall be punishable,
accordingly.
10.03 - Ciiyequired to Advertise for Bids
If any subdivision improvements are eligible for refunds or potential refunds to the subdivider
for off -site paving or oversize, border or approach water or sewer mains, the city is required by
law to take competitive bids for the work involved. Competitive bids will be taken by the city,
and the contract award will be made by the city council in accordance with procedures
established by state laws and the ordinances of the city."
Section 3. All ordinances or parts of ordinances in conflict herewith are, to the extent of
such conflict, hereby repealed.
Section 4. It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any
word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the
same would have been enacted by the City Council without the incorporation in this Ordinance
of any such unconstitutional word, phrase, clause, sentence, paragraph, or section.
Section 5. Any person, firm, or corporation who shall violate any of the provisions of
this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance
with the general penalty provision found in Section 1.109 of this Code.
Section 6. This ordinance will take effect immediately from and after its passage and the
publication of the caption, as the law and Charter in such cases provide.
DULY PASSED, APPROVED, AND ADOPTED, this the � day of
A.D., 2008, by the City Council of the City of Sanger, Denton County, Texas.
PRO D:
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Rosalie Chavez, �i e