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HomeMy Public PortalAboutOrdinance No. 819-97 06-10-1997 ORDINANCE NO. 819-97 AN ORDINANCE ADDING CHAPTER 9, "SUBDIVISIONS" TO THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS, TEXAS; ADOPTING COMPREHENSIVE REGULATIONS GOVERNING PLATTING, REPLATTING, SUBDIVISION AND DEVELOPMENT OF PROPERTY IN THE CITY; PROVIDING REGULATIONS CONCERNING REQUIRED PUBLIC IMPROVEMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills, Texas, currently has no comprehensive subdivision ordinance in effect to regulate the platting, replatting, subdividing and development of property within the City; and WHEREAS, increasing development activity is occurring within the City; and WHEREAS, the Richland Hills Planning and Zoning Commission has prepared a proposed subdivision ordinance to promote orderly development within the City, and WHEREAS, the City Council of the City of Richland Hills hereby finds that the health, i safety and general welfare of the City, and its orderly development, will be promoted by the adoption of the following subdivision. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: I. That Chapter 9, "Subdivisions" of the Code of Ordinances, City of Richland Hills, Texas, be hereby adopted to hereafter be and read as follows: ORDINANCE NO. 819-97 PAGE 1 ' CHAPTER 9 SUBDIVISIONS SECTION 1: GENERAL A. PURPOSE The purposes for which this Ordinance is created are: to provide for the orderly, safe and healthful development of the area within the City and to promote the health, safety and general welfare of the community; to establish orderly policies and procedures to guide development of the City; to provide for establishment of minimum specifications for construction and engineering design criteria to maintain land values, reduce inconveniences to residents of the area, and to reduce related unnecessary costs to the City for correction of inadequate environmental conditions; to ensure that development of land and subdivisions shall be of such nature, shape and location that utilization will not impair the general welfare and to ensure against the dangers of fires, floods, erosion, landslides, or other such menaces; to provide proper utilities and services for adequate drainage, water supply, and disposal of sanitary and industrial waste; to provide streets that ensure safe, convenient and functional systems for vehicular and pedestrian circulation; to furnish adequate sites, convenient to schools, parks, playgrounds, and other community services, respecting topography and existing vegetation so that the natural beauty of the land shall be preserved; to assure adequate building sites; to require accurate recordation of ownership interests in land that is developed or is to be developed; and to require platting to obtain a building permit. B. INTERPRETATION In the interpretation and application of the provisions of these regulations, it is the intention of the City Council that the principles, standards and requirements provided for herein shall be minimum requirements for the platting and developing of subdivisions in the City of Richland Hills, and where other ordinances of the City are more restrictive in their requirements, or provide greater protection or control, such other ordinances shall control. C. DEFINITIONS For the purposes of this ordinance, the following terms, phrases, words, and their derivations shall have the meaning ascribed to them in this section. Words and terms not expressly defined herein are to be construed according to their customary usage in the practice of municipal planning and engineering. Words defined in the Zoning Ordinance not defined in this Ordinance will have the meaning set forth in the Zoning Ordinance. Administrative Officers: Any office referred to in this Ordinance by title, i.e., City Manager, City Attorney, City Secretary, City Engineer, Director of Public Works, etc., shall be the person so retained in this position by the City, or their duly authorized representatives. ORDINANCE NO. 819-97 PAGE 2 • Alley: A minor public right-of--way, not intended to provide the primary means of access to abutting lots, which is used primarily for vehicular service access to the back or sides of properties otherwise abutting on a street. Accessory Building or Structure : A subordinate building having a use customarily incident to and located on the same lot occupied by the main building. An accessory structure is considered to be apart of the main building when it has any part of a wall in common with the main building, or is under an extension of the main roof and designed as an integral part of the main building. Building Setback Line: The line within a property defining the minimum horizontal distance between a building or other structure and the adjacent street side, or rear property line. City: The City of Richland Hills, Texas. City Planner: The person designated with the responsibility of accepting plats for the City and preparing the necessary documentation to process a plat through the Planning and Zoning Commission and the City Council. Commission: The Planning and Zoning Commission of the City. City Manager: The officially appointed and authorized City Manager of the City of Richland Hills, Texas, or his duly authorized representative. • Comprehensive Land Use Plan: The comprehensive plan of the City and adjoining areas as adopted by the City Council and the 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, water, sewer, and other public and private developments and improvements. Crosswalk Way: A public right-of--way, four (4) feet or more in width between property lines, which provides pedestrian circulations. Cul-de-sac: A street having but one outlet to another street, and terminated on the opposite end by a vehicular turn-around. Dead-End Street: A street, other than a cul-de-sac, with only one outlet. Easement: The word "easement" shall mean an area for restricted use on private property upon which any public utility including the City, shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs, or other improvements or growths which in any way endanger or interfere with the construction, maintenance, or efficiency of its respective systems on any of these easements. Any public utility, including the City, shall at all times have the right of ingress and egress to and from and upon easements for the purpose of constructing, reconstructing, • ORDINANCE NO. 819-97 PAGE 3 • 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. An easement may be utilized for a utility and a drainage system. Engineer: A person duly authorized under the provisions of the Texas Engineering Registration Act, as heretofore or hereafter amended, to practice the profession of engineering and who is specifically qualified to design and prepare construction plans and specifications for subdivision development. City Engineer: The Registered Professional Engineer or firm of Registered Professional Consulting Engineers that has been specifically designated as "City Engineer" by the City Council. Facilities Agreement: The facilities agreement shall be a legal binding agreement between the City and the developer specifying the individual and joint responsibilities of both the City and the developer. Unusual circumstances relating to the subdivision shall be considered in the facilities agreement such that the purpose of this ordinance shall be best served for each particular subdivision. Such facilities agreement may stipulate pro rata payments, city participation in unusual facilities, escrow deposits or other payments for future facilities, waivers granted to the ordinance and other particular aspects of the development. The facilities agreement shall be recorded in the Tarrant County Courthouse at the same time the Final Plat is recorded. Final Plat: (Also Record Plat or Filing Plat). The one official and authentic map of any given • subdivision of land prepared from actual field measurement and staking of all identifiable points by a surveyor or engineer with the subdivision location referenced to a survey corner and all boundaries, corners and curves of the land division sufficiently described so that they can be reproduced without additional references. Angular measurements and bearings shall be accurate to the nearest minute. Distances shall be accurate to the nearest tenth of a foot. Only a final plat shall be recorded in the plat records of Tarrant County, Texas. Land Planner: Persons other than Surveyors or Engineers who also possess and can demonstrate a valid proficiency in the planning of residential, commercial, industrial and other related developments; such proficiency often having been acquired by education in the field of landscape architecture or other specialized planning curriculum and/or by actual experience and practice in the field of land planning. Lot: An undivided tract or parcel of land having frontage on a public street and which is, or in the future may be offered for sale, conveyance, transfer or improvement; which is designated as a distinct and separate tract; and which is identified by a tract or lot number or symbol in a duly approved plat which has been properly filed of record. Main (Principal) Building or Structure: The building or buildings on a lot which are occupied by the primary use. • ORDINANCE NO. 819-97 PAGE 4 • May, Shall: The word "may" is merely directive. The word "shall" is always mandatory. Pavement Width: The portion of a street available for vehicular traffic. Where curbs are laid, it is the portion between the faces of the curbs. Person: Any individual, association, firm, partnership, corporation, governmental agency, political subdivision or other entity of any kind. Planning and Zoning Commission: Same as Commission. Preliminary Plat: The graphic expression of the proposed overall plan for subdividing, improving and developing a tract shown by superimposing a scale drawing of the proposed land division on a topographic map and showing in the plan existing and proposed drainage features and facilities, street layout and direction of curb flow, and other pertinent features with notations sufficient to substantially identify the general scope and detail of proposed development. Replatting: The resubdivision or redesign of any part or all of a previously platted subdivision, addition, lot or tract. Sketch Plan: A sketch drawing of initial development ideas superimposed on a topographic map to indicate generally the plan of development and to serve as a working base for noting and incorporating suggestions of the City Manager, City Planner, City Engineer, or others who are • consulted prior to the preparation of the preliminary plat. Street: A public right-of--way, however classified or designated, which provides vehicular access to adjacent land. Street Width: The word "street width" shall be the shortest distance between the lines which delineate the rights-of--way of a street. Subdivide: The act of creating a subdivision. Subdivider: Any person or any agent thereof, dividing or proposing to divide land so as to constitute a subdivision or who is otherwise required to submit a plat as required in this ordinance. The term "subdivider" shall include the owner, equitable owner or authorized agent of such owner or equitable owner, of land sought to be subdivided. Subdivision: (also "Addition") A division of any land, whether vacant or improved, by metes and bounds, deed, contract for deed, lease, or by any other instrument or method, into two or more lots, parcels, sites, units, plots, parts, or interests, for the purpose of offer, sale, lease or development. Subdivision includes re-subdivision and includes any division of land described under § 212.004 of the Texas Local Government Code. Subdivision shall not include the division of land into parts greater than five acres, which are exempted from platting under § 212.004 of the Texas Local ORDINANCE NO. 819-97 PAGE 5 . Government Code. Surveyor: A licensed State Land Surveyor or a Registered Public Surveyor, as authorized by the State statutes to practice the profession of surveying. Utility Easement: An interest in land granted to the City, to the public generally, or to a private utility company, for installing and maintaining utilities and/or drainage across, over or under private land, together with the right of ingress and egress thereon with machinery and vehicles necessary for the maintenance of said utilities. D. MODIFICATION OR WAIVER The Planning and Zoning Commission may recommend and the City Council may authorize a waiver from these subdivision regulations when, in its opinion, an unnecessary or extraordinary hardship will result from requiring strict compliance. In granting a waiver, the City Council may prescribe conditions that it deems necessary or desirable to protect the public interest. In making the findings herein below required, the City Council shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, and the probable effect of such waiver upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. No waiver shall be granted unless the Council finds that all of the following conditions exist: • 1. That there are s ecial circumstances or conditions affectin the land involved such p g that the strict application of the provisions of this Ordinance would deprive the applicant of the reasonable use of his land; and 2. That strict application of the provisions of this Ordinance is not necessary to promote the public health, safety and welfare; and 3. That the granting of the waiver will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; and 4. That the granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this ordinance. Such findings of the City Council, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the Council meeting at which such waiver is granted. Waivers may be granted only when in harmony with the general purpose and intent of this Ordinance so that the public health, safety and welfare may be secured and substantial justice done. Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute • ORDINANCE NO. 819-97 PAGE 6 • unnecessary hardship; and 5. That the granting of the waiver will be in harmony with the spirit and purpose of this Ordinance. The Planning & Zoning Commission, in the recommendation of a waiver to the City Council, shall submit all the specific facts and pertinent data upon which such a waiver has been recommended. Any waiver granted by the City Council, after considering the material submitted by the Planning & Zoning Commission, shall be final. E. APPEALS Any subdivider aggrieved by a finding or action of the City Council must file a written petition in a court of competent jurisdiction within thirty (30) days from the date of such finding or action, and not thereafter. F. SPECIFIC REQUIREMENTS A final plat shall not be filed of record until it has been approved by the City Council. No construction work other than site grading and rough cutting of streets shall begin in any proposed subdivision prior to the final plat being approved by the City Council and being filed with the • County Clerk of Tarrant County, Texas. No changes, erasures, modifications or revisions shall be made in any plat after approval has been given by the City Council unless said change, revision or modification is first submitted to and approved by the City Council. No building permit shall be issued by the City for any building on any land in the City which is not served by a sewage collection system connected to an approved community treatment plant or public sewage facility. G. PLATTING REQUIRED No person shall subdivide any tract of land which is located within the city or its extraterritorial jurisdiction, as defined by Chapter 42 of the Texas Local Government Code, unless a plat of the tract has been prepared, approved and filed of record as provided in this ordinance. No Building Permit for residential or non-residential construction shall be issued for any building on any land unless a Final Plat has been filed in the Plat Records of Tarrant County, except as follows: a. Where a primary residential structure exists, a building permit to construct an • ORDINANCE NO. 819-97 PAGE 7 • addition to, or renovation of, the existing residential structure may be issued on unplatted land, provided that the value of such proposed construction, including the cumulative value of any proposed and all previously permitted construction permits on the primary structure, does not exceed fifty (50) percent of the current value of the existing structure, excluding the value of the land. "Construction permit" as used herein does not include electrical, plumbing, or similar non-construction activities. b. A building permit for electrical, plumbing, fence or similar non-construction activities may be issued on unplatted land in any zoning district except for building permits which involve structural enclosures. c. Where a primary structure exists, a building permit for an accessory structure may be issued on unplatted land in any zoning district. d. Where a primary non-residential structure exists, a building permit to construct an addition to, or renovation of, the existing non-residential structure may be issued on unplatted land, provided that the value of such proposed construction, including the cumulative value of any proposed and all previously permitted construction permits on the primary structure, does not exceed fifty (50) percent of the current value of the existing structure, excluding the value of the land. Construction permit as used herein does not include electrical, plumbing or similar non-construction activities. • e. Public Facilities Available - No building permit for a primary building shall be issued until all necessary public facilities have been installed and have been approved by the City Engineer. The owner of any land which is required to be platted as provided herein shall be required to dedicate to the City a reasonable portion of the land as is necessary for the orderly development of streets, drainage, utilities, emergency access or other public purposes. If such dedication requirement is imposed, it shall be a prerequisite of plat approval. A dedication shown on a plat shall be considered an offer of dedication which maybe withdrawn before approval by the City Council. Upon approval of the plat by the City Council, the offered dedication shall remain open until refused or accepted by the City. The approval of a plat is not considered an acceptance of any proposed dedication and does not impose on the City any duty regarding the maintenance or improvement of any dedicated parts until the appropriate city authorities have made actual appropriation of the dedicated parts by entry, use or improvement. Prior to acceptance of a dedication, the dedication may be refused or rejected by the vacation of the plat or by the approval of a replat in accordance with this ordinance. After acceptance of a dedication, the public improvement and dedication may only be vacated by adoption of a resolution or ordinance by the City Council in accordance with city policies and state laws. • ORDINANCE NO. 819-97 PAGE 8 . The disapproval of a plat is considered a refusal of the offered dedication by the City Council. The City shall not authorize any other person to, nor shall the City itself, sell or supply any water, gas, electricity, sewerage or other utility service to a property for which a final plat has not been approved and filed of record, nor in which the standards contained herein or referred to herein have not been complied with in full. The provisions of this section shall not prohibit the provision of electric service, for security lighting only, on unplatted property. The City shall not authorize any other person nor shall the City itself repair, maintain, install or provide any streets or public utility services in any subdivision for which the standards contained herein or referred to herein have not been complied with in full. On behalf of the City, the City Attorney shall, when directed by the City Council, institute appropriate action in a court of competent jurisdiction to seek an injunction or otherwise to enforce the provisions of this Ordinance or the standards referred to herein and to seek appropriate damages as authorized by law. If any subdivision exists for which a final plat has not been approved or in which the standards contained herein or referred to herein have not been complied with in full, the City Council shall pass a resolution reciting the facts of such non-compliance and failure to secure final plat approval, and reciting the fact that the provisions of Section 1-G will apply to the subdivision and the lots therein. The City Secretary shall, when directed by the City Council, cause a certified copy of such • resolution under the corporate seal of the City to be filed in the Deed Records of the County in which such subdivision or part thereof lies. If full compliance and final plat approval are secured after the filing of such resolution, the City Secretary shall forthwith file an instrument, in the Deed Records of such county stating that the provisions of Section 1-G no longer apply. H. AMENDMENT The City Council may from time to time amend this Ordinance, upon review and recommendation by the Planning and Zoning Commission, in accordance with appropriate procedures provided by law. I. IMPROVEMENTS REQUIRED The subdivider shall furnish, install and/or construct the water and sewerage systems and the street and drainage facilities necessary for the proper development of the subdivision. All such facilities shall be designed and constructed in accordance with the Design Provisions contained in this Ordinance, and other standards, specifications, and drawings as may be adopted by the City Council. Where shown on the master plan, or considered necessary by the City Council in order to protect the public health, safety or welfare, public facilities shall be sized in excess of that dictated by the design criteria to provide for future growth and expansion. The City Council shall establish policies • ORDINANCE NO. 819-97 PAGE 9 • whereby the City will participate in the construction of such oversized facilities or reimburse the subdivider for the costs of same. • • ORDINANCE NO. 819-97 PAGE 10 • SECTION 2: GENERAL SUBDIVISION DEVELOPMENT PROCESSING PROCEDURE A. PROCEDURE SUMMARY Any person who plats land as required by this Ordinance shall conform to the general procedure described as follows: 1. The subdivider shall conduct aPre-Application Conference with the City Planner, City Engineer and/or City Manager or his duly authorized representative prior to preparation of a preliminary plat. 2. The subdivider shall prepare and submit to the Planning and Zoning Commission Preliminary Planning Information for its study and recommendations. The Preliminary Planning Information shall then be submitted to the City Council for final action. Provided, if the preliminary planning information is submitted in "Final Plat" format, and if no changes are required by the City, it may receive final approval without the resubmission herein required. 3. Upon approval of the preliminary planning information by the City Council, the sub- divider may then prepare a Final Plat of all of the land included in the preliminary • plat for submission to and consideration by the Planning Commission for action. 4. Upon approval of any such final plat by the Planning and Zoning Commission, the same shall be referred to the City Council for consideration. 5. Upon approval of a final plat the City Planner shall immediately file such plat in the plat records of Tarrant County, Texas. The detailed procedures within each phase of the platting process are covered in SECTIONS 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of this Ordinance. • ORDINANCE NO. 819-97 PAGE 11 • SECTION 3: PRE-APPLICATION PROCEDURES A. SCOPE AND PURPOSE Prior to the official filing of a preliminary plat the subdivider should avail himself of a copy of the Subdivision Ordinance and should prepare a land plan of the proposed subdivision. The subdivider should submit ten (10) copies of the land plan to the City Planner or other administrative officer so designated by the City Manager. Preparation and presentation of the land plan is not mandatory and no approvals, either tentative or final, will be given on land plans; however, their preparation is recommended as an economy measure. This phase does not require formal applications, payment of a fee, or the filing of a plat, but is rather an informal consultation with the City, in order that the subdivider may save himself time and money in the preparation of the preliminary and final plats by determining the rules, regulations and policies adopted by the City. The aim and purpose of the pre-application procedure is to offer the developer or subdivider the background and experience of the City Staff in the preparation of the preliminary plat. It is not the intent or policy of this Ordinance for City Staff to do the planning or engineering for the subdivider, but rather to steer his efforts into the most efficient and economical means of coordination with the Subdivision Ordinance. • B. LAND PLAN The subdivider should present such general subdivision information as will outline the existing conditions of the site, utilities, and available community facilities. A simple rough sketch should indicate the location of the proposed subdivision, number of residential lots, typical lot width and depth, commercial areas, park and playground areas, proposed protective covenants or restrictions, and proposed utilities and street improvements. C. PRELIMINARY CONFERENCE At the time the land plan is presented to the City Planner, a preliminary conference should be held for the general comments and clarifications which are usually necessary. At that time, the subdivider should obtain copies of all forms, publications, design criteria and standards available from the City for his reference and for the benefit of his engineer. • ORDINANCE NO. 819-97 PAGE 12 SECTION 4: PRELIMINARY PLAT REQUIREMENTS A. GENERAL The subdivider shall cause to be prepared a preliminary plat by a Professional Engineer, Registered Public Surveyor and/or Land Planner, in accordance with this Ordinance. Until a preliminary plat of a subdivision shall have been approved in accordance with this Ordinance, no person shall subdivide or submit a final plat thereof, or file a record of survey, or a map or plat for record, or proceed with any grading construction or other work on the same. The Planning and Zoning Commission shall approve or disapprove any preliminary plat within thirty (30) days from the date at which it is filed for consideration by the Planning and Zoning Commission. B. APPLICATION AND COPIES REQUIRED Application for preliminary plat approval shall be made on an application form provided by the City. The Subdivider shall submit 1 full size mylar, ten (10) full size blue line prints, one 11 x 17 reduction, and one 1 "-200' scale copy of the preliminary plat to the City Planner together with other required data, showing all preliminary information as hereinafter required at least twenty (20) calendar days prior to the date at which it will be considered by the Planning and Zoning Commission. Also, one full size mylar and two (2) full size prints of the preliminary water and . sanitary sewer plan along with a preliminary drainage study shall be submitted to the City Engineer at the same time. Prior to the date set for Planning and Zoning Commission consideration, the City Planner shall submit one (1) copy of the preliminary planning information to the City Engineer to obtain his recommendations for the Planning and Zoning Commission. The preliminary information will be furnished to the Planning and Zoning Commission by the City Planner. C. FILING FEE Such preliminary planning information shall be accompanied by a filing fee as specified by City regulations. No application will be accepted or processed unless the filing fee has been paid. This fee shall not be refunded should the plat be disapproved. D. FORMAL APPLICATION Formal application for preliminary approval of plats shall be made by the subdivider at least twenty (20) days prior to the date of the Planning and Zoning Commission Meeting at which the subdivider desires the preliminary plat to be considered. No application shall be accepted or processed unless accompanied by a completed application form; application fee; the required preliminary water and sanitary sewer plan, and storm drainage plans; preliminary drainage study; and the required preliminary plat drawings. • ORDINANCE NO. 819-97 PAGE 13 • E. FORM AND CONTENT OF PRELIMINARY PLANNING INFORMATION The plans shall be drawn on sheets 36 inches wide and 22 or 24 inches high with a binding margin of not less than one and one-half (1-1 /2) inches on the left side of the sheet; and margins not less than one-half (1 /2) inch on the other three sides. The plans will be drawn to a scale of not more than one hundred (100) feet to one (1) inch. Whenever the size of the subdivision is such that the full area cannot be covered on a single sheet with space for titles and other required identification, the plans may be drawn on a number of separate sheets with matching lines to facilitate joining them together as a continuous composite plat. When more than one sheet is necessary to accommodate the entire tract proposed for subdivision, an index map showing the entire subdivision shall be furnished and each portion of the subdivision shall be indicated on the index map. Where more than one sheet is so used, they shall also be accompanied by photographic reductions of the various sheets reduced in scale and joined together to form a single overall composite of the plat on a sheet not more than 36 inches wide and 22 or 24 inches high. Where the proposed subdivision constitutes a unit of a larger tract owned by the subdivider, which is intended to be subsequently subdivided as additional units of the same subdivision, the preliminary plats shall be accompanied by a layout of the entire area showing the tentative proposed layout of streets, blocks, drainage, water, sewerage, and other improvements for such areas. Preliminary Planning Information shall consist of at least the followin se arate sheets: g P Sheet No. 1 - Preliminarv Plat 1. Name and address of the Subdivider, record owner, and of the engineer, planner, or surveyor. 2. Proposed name under which the subdivision is to be recorded, which shall not have the same spelling as or be pronounced similar to the name of any other subdivision located within the City. 3. Name of contiguous subdivisions, location of contiguous lots and the name of owners of contiguous parcels of unsubdivided land and an indication of whether or not contiguous properties are platted and filed of record. 4. The location of existing blocks, lots, building lines, water courses, ravines, bridges, culverts, present structures and any pertinent natural features in the area affected, with principal dimensions and all significant information in regard to property, immediately adjacent on all sides. • ORDINANCE NO. 819-97 PAGE 14 5. The tract designation and other description according to the real estate records of the • City or County Assessor and Recorder; also designation of the proposed uses of land within the subdivision. 6. Primary control points or descriptions, and ties to such control points to which all dimensions, angles, bearings, block numbers and similar data shall be referred. 7. A vicinity map showing location of tract by reference to existing streets or highways. 8. Subdivision boundary lines accurate in scale and indicated by heavy lines, of the total area proposed for subdivision and the computed acreage of the total area. Bearing and length of each boundary line shall be shown and description by metes and bounds of the subdivision perimeter shall be supplied separately on 8-1/2 x 11 or 8- 1 /2 by 14 inch paper. 9. The location, dimensions, and name (if applicable) of all existing or recorded streets, alleys, reservations, easements or other public rights-of--way within the proposed subdivision, intersecting or contiguous with its boundaries or forming such boundaries. All existing or recorded residential lots, parks, public areas, permanent structures within or contiguous with the proposed subdivision shall be shown. 10. Other conditions adjacent to the tract affecting design of the subdivision including • such information as may be available from field observation, aerial photographs and available maps. 11. The location, dimensions and name, if applicable, of all proposed streets, alleys, drainage structure, parks, public areas, reservations, easements or other rights-of- way, blocks, lots, commercial areas and other sites within the proposed subdivision. When curved streets are proposed, the radius of the curve shall be shown. For lots facing on curved streets the chord width of the lot at the front building set back line shall be shown. A number or letter shall be used to identify each lot or site and block. 12. The location of lots and blocks proposed for inclusion in the first section of development. 13. Front building setback lines on all lots and sites. Side yard building setback lines at street intersections and crosswalk ways. 14. 20' x 20' public open space easement on corner lots at the intersection of an alley and a street. 15. 35' x 35' public open space easement on comer lots at the intersection of two streets. • ORDINANCE NO. 819-97 PAGE 15 • Also, place easement statement on plat. 16. Fire lane easement statement as applicable. 17. Flood plain and floodway lines, flood map number and date, and floodway restriction statement. 18. Utility easement statement. 19. Location of city limits line, and zoning district boundaries, if they traverse the subdivision, form part of the boundary of the subdivision, or are contiguous to such boundary. 20. The date of preparation, the scale of the drawing, and a north arrow. 21. All proposed planning shall conform to the current City Zoning Ordinance. 22. Each proposed street, within the subdivision area, shall be named and shall conform with names of any existing streets of which they may be or become extensions. The names shall not be duplicate, or be similar to, the recognized name of any other street located elsewhere in the area subject to these rules and regulations. 23. Designation of all tracts, intended to be for multi-family dwellings, shopping centers, churches, industry or other uses. 24. Data specifying the gross area of the subdivision, the proposed number of residential lots and area therefor, and the approximate area in parks and in other non-residential uses. 25. 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 of conditions or limitations of such reservations, if any. 26. The following notice shall be placed on the face of each preliminary plat by the subdivider. "Preliminary Plat for Review Purpose Only" 27. The following certificates shall be placed on the Preliminary Plat by the subdivider. • ORDINANCE NO. 819-97 PAGE 16 SAMPLE CERTIFICATE FOR PLANNING & ZONINGCOl~IMISSION APPROVAL THE PLANNING AND ZONING COMMISSION OF RICHLAND HILLS, ON (date , 199_ VOTED AFFIRMATIVELY TO RECOMMEND CONDITIONAL APPROVAL OF THIS PRELIMINARY PLAT, SUBJECT TO CONDITIONS ENUMERATED IN MINUTES OF THIS DATE. BY: CHAIRMAN ATTEST: SECRETARY SAMPLE CERTIFICATE FOR PLANNING & ZONING COMMISSION APPROVAL THE CITY COUNCIL OF RICHLAND HILLS ON (date 199_ VOTED AFFIRMATIVELY TO APPROVE THIS PRELIMINARY PLAT SUBJECT TO CONDITIONS ENUMERATED IN MINUTES OF THIS DATE. BY: MAYOR ATTEST: CITY SECRETARY • ORDINANCE NO. 819-97 PAGE 17 • Sheet No. 2 - Topog_ranhv~Street, and Draina eg Plan This sheet may be prepared on a reproducible copy of Sheet No. 1 so that the same information will be repeated together with the following: 1. Topographical information including contour lines on a basis of two (2') foot intervals. All elevation shall be on U.S. Coast and Geodetic Survey datum or referenced to a City bench mark on the same datum. The datum used shall be specified on the drawing. 2. Any proposed changes in topography shown by contour lines on a basis of five feet vertical interval in terrain. 3. Areas contributing drainage to the proposed subdivision shall be shown on small scale supplemental drawings. The information to be submitted shall include the area, slope and type of development and quantity of drainage in the contributing area. 4. At points where drainage enters or leaves the proposed subdivision the following information shall be provided: a. Location of entrance and discharge points • b. DA (Drainage Area) c. Q25 d. Q 100 All drainage must be planned in the best interests of the immediate and adjacent properties. Any present adverse "drainage situations" shall not be made any worse than existing. 5. Drainage arrows shall be shown for all lots, streets and drainage easements. When the maximum permissible capacity of streets to carry storm water is exceeded the location of storm sewers, curb inlets, open channels and other drainage facilities shall be shown. 6. Supplemental information showing the preliminary design calculations for drainage shall be furnished and attached to the Topography and Drainage Plan. Calculations shall conform to the current design criteria adopted by the City. Areas subject to flooding shall be shown, delineating the 100-year flood limits if applicable. 7. The exact location, dimension, description, and flow line of existing drainage ORDINANCE NO. 819-97 PAGE 18 structures and the location, flow line and flood plain and floodway of existing water courses within the subdivision or contiguous tracts. 8. The width of surfacing measured from back-to-back of curbs shall be shown for all streets. The width of drainage and other easements shall be shown. 9. The responsible entity for the operation and maintenance of any building, park, equipment, pools, plantings, lawns or other legal interests if it is proposed that they are to be shared by owners of the real property within the subdivision. Sheet No. 3 -Water and Sewera eg Plan 1. May be prepared from Sheet No. 1, but should also include topographical contours at the intervals specified for Sheet No. 2. 2. Existing sewers, water mains, gas mains, electric and telephone lines, culverts, or other underground structures or utilities within the tract and immediately adjacent thereto with pipe sizes, grades, locations, and elevations indicated. In the event water mains and sewers are not on or adjacent to the tract, indicate the direction and distance to, and size of the nearest ones, showing invert and flowline elevations of sewers; and depths of water lines and valve locations for water lines. • 3. The size and location of all proposed water distribution mains including valves and fire hydrants. 4. The size and location of all proposed sanitary sewer mains including manholes. Preliminary grades for each main between manholes and the depth at each manhole and the material used for each manhole shall be shown. 5. The size of water and sewer mains shall conform to the current design criteria adopted by the City. F. PROCESSING OF PRELIMINARY PLANNING INFORMATION The City Planner or his designee shall collect the prescribed fees for the City and shall check the preliminary data as to its conformity with the master plan, major street plan, land use plan, zoning districts and as to whether or not the information heretofore specified has generally been submitted. One (1) full size mylar and two (2) full size prints of all preliminary engineering data shall be submitted to the City Engineer at the same time application is made for platting. The City Engineer shall check the same for conformity with the standards and specifications contained or referred to herein. • ORDINANCE NO. 819-97 PAGE 19 The City Engineer for the City shall return his findings on the preliminary data to the City Planner with his suggestions as to modifications, additions or alterations of the proposed preliminary plat for streets, drainage, water and sewer plans. The City Planner shall make these suggestions available to the subdivider and the Planning and Zoning Commission. Within thirty (30) days after the date of application, the Planning and Zoning Commission shall make its recommendation for approval, disapproval, or tabling action of the preliminary plat. Failure to act within thirty (30) days shall be deemed approval of the preliminary plat. The recommendations of the Planning and Zoning Commission shall be considered for final action at the next available regularly scheduled meeting of the City Council. The City Council shall either approve or disapprove any such preliminary plat within thirty days of approval or disapproval by the Planning and Zoning Commission. Upon its own motion or upon request of the subdivider, the reasons for such disapproval shall be set out in writing. Approval of a preliminary plat by the City Council shall be deemed an expression of approval of the layout submitted on the preliminary drawings as a guide to the installation of streets, water, sewer and other required improvements and utilities and to the preparation of the final plat. Approval of a preliminary plat shall not constitute approval of the final plat. The approval of the preliminary plat by the City Council shall be effective for a period of one hundred eighty (180) days after the approval date, unless reviewed by the City Council in the light • of new or significant information, which would necessitate the revision of the preliminary plat, such revision being 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, at the end of the 180 days after approval, the preliminary plat shall become null and void, unless the subdivider has requested and received an extension of time from the City Council. No construction other than rough site grading and the rough cutting of streets shall be commenced on the subdivision prior to approval of the final plat. The City Council through the procedure specified in Section 1-D may waive any of the above requirements with respect to a small subdivision of no more than five lots, and one not involving opening of additional streets or alleys or where otherwise the cost of compliance appears disproportionate to any legitimate municipal interest. ORDINANCE NO. 819-97 PAGE 20 • SECTION 5: FINAL PLAT AND CONSTRUCTION PLANS A. GENERAL No subdivision of land shall be accomplished without proper submittal, approval and adoption of a final plat prepared by a Registered Public Surveyor or Professional Engineer, and approval of construction plans and specifications for improvements prepared by a Professional Engineer in accordance with this Ordinance. All final plats must first be preceded by properly prepared and approved preliminary plats except as provided in SECTION 8 of this ordinance. Copies of all proposed final plats will be sent to the utility companies to determine if additional utility easements are necessary to serve the subdivision. Right-of--way for streets shall be dedicated on all plats in accordance with the Thoroughfare Plan. Utility easements shall be dedicated on the final plat necessary for the orderly development of the property. Formal application for approval of final plats shall be made by the subdivider at least twenty (20) days prior to the date of the Planning and Zoning Commission meeting at which the subdivider • desires the final plat to be considered. No application shall be accepted or processed unless accompanied by a completed application form; application fee; and the required water and sanitary sewer plans, street plans, and storm drainage plans; drainage study; and the required final plat drawings. B. APPLICATION AND COPIES REQUIRED The full size mylar of the final plat shall be executed and submitted to the City Planner along with ten (10) full size blue line prints, one (1) 11 x 17 reduction, one (1) 1 "-200' scale copy of the plat, and three (3) copies of the construction plans and specifications and other required data at least 20 (twenty) calendar days prior to the meeting of the Planning & Zoning Commission at which such plat is to be considered. No final plat shall be accepted or considered by the City until the prescribed drawings have been submitted, the prescribed filing fees have been paid, and a completed application form has been submitted. The final plat may constitute only that portion of the approved preliminary plat which the subdivider or developer proposes to record and develop; however, such portion shall conform to all the requirements of this Ordinance. If final plats are submitted for approval on portions or phases of the proposed subdivision, each ORDINANCE NO. 819-97 PAGE 21 • portion or phase 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. C. FILING FEE AND CERTIFICATES When the final plat is filed with the City Planner for consideration, it shall be accompanied by an executed application form and a filing fee as specified by City regulations. The deposit of such plat, application and fees shall constitute formal request for plat approval. The final plat shall be accompanied by certificates from the City, School District and County Tax Collectors showing that all City, School District and County taxes on the land being platted have been paid to the current year. D. INSPECTION FEES A fee of four (4%) percent of the actual costs of street, drainage, water and sewer improvements as approved by the City Engineer shall be paid to the City by the Subdivider prior to the beginning of construction on such infrastructure. Tests of material or construction may be ordered by the City. All such tests shall be paid for by the subdivider or developer. Should that test indicate that the material or construction does not satisfy the minimum requirements of the City, the costs of all additional tests on the same or replaced or corrected material or construction shall be paid for by the • subdivider or developer. Tests shall be taken until the item tested passes the test. All tests shall be performed by an independent engineer or laboratory approved by the City. No subdivision will be approved or building permit issued by the City until all fees and costs of tests have been paid to the City. E. FORM AND CONTENT OF FINAL PLAT The final plat shall substantially conform to the preliminary plat as conditionally approved by the City Council. The final plat shall be drawn in India or other permanent ink on quality reproducible sheets not larger than 36 inches wide and 22 or 24 inches high and a margin not less than one and one-half (1-1/2) inches on the left side of the sheet, and one-half ('/2) inch on other sides. The plat shall be drawn at a scale of not more than 100 feet to one (1) inch. Where more than one sheet is necessary to accommodate the entire area, an index sheet showing the entire subdivision at appropriate scale shall be attached to the plat. ORDINANCE NO. 819-97 PAGE 22 • In addition to the various requirements for the preliminary plat, the final plat shall also include the following: 1. The exact location, dimensions, name and description of all existing or recorded streets, alleys, reservations, easements, or other public rights-of--way within the subdivision, intersecting or contiguous with its boundary or forming such boundary, with accurate dimensions, bearings or deflection angles and radii and central angle, degree of curvature, tangent distance and length of all curves where appropriate. 2. The exact location, dimensions, description and name of all proposed streets, alleys, drainage, rights-of--way, parks, other public areas, reservations, easement or other rights-of--way, blocks, lots and other sites within the subdivision with accurate dimensions, bearing or deflecting angles and radii and central angles, degree of curvature, tangent distance and length of all curves where appropriate. 3. Owner's acknowledgment and dedications. (See Sample A Below) 4. Engineer's or Surveyor's Certificate (See Sample B Below) 5. A Certificate of Approval for execution by the Planning and Zoning Commission. (See Sample C Below) • 6. A Certificate for the City Council's endorsement. (See Sample D Below) 7. Deed restriction for the subdivision may be shown on the plat or on 8-1/2 x 11 inch paper attached as a supplement to the plat. • ORDINANCE NO. 819-97 PAGE 23 • SAMPLE A OWNER'S ACKNOWLEDGMENT AND DEDICATION STATE OF TEXAS ) OWNER'S ACKNOWLEDGMENT AND DEDICATION COUNTY OF TARRANT ) I (we), the undersigned, owner(s) of the land, as recorded in Vol. Page ,DEED RECORDS TARRANT COUNTY, TEXAS, shown on this plat within the area described by metes and bounds as follows: (Metes and Bounds Description of Boundary) and designated herein as the subdivision to the City of Richland Hills, Texas, and whose name is subscribed hereto, hereby dedicates to the use of the public forever all streets, alleys, parks, water courses, drains, easements, rights-of-way and public places thereon shown for the purpose and consideration therein expressed. Owner • Date STATE OF TEXAS ) COUNTY OF TARRANT ) BEFORE ME, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein stated. Given under my hand and seal of office this day of , 19_ NOTARY PUBLIC County, Texas • ORDINANCE NO. 819-97 PAGE 24 • SAMPLE B CERTIFICATE OF SURVEYOR OR ENGINEER WHO PREPARED PLAT STATE OF TEXAS ) CERTIFICATE OF SURVEYOR OR ENGINEER COUNTY OF TARRANT ) I, the undersigned, a (registered professional engineer/public surveyor) in the State of Texas, hereby certify that this plat is true and correct and was prepared from an actual survey of the property made under my supervision on the ground. Engineer or Surveyor's SEAL Registered Professional Engineer or Registered Public Surveyor Date SAMPLE C CERTIFICATE OF APPROVAL OF PLANNING AND ZONING COMMISSION • This plat has been submitted to and considered by the PLANNING AND ZONING COMMISSION of the City of Richland Hills, Texas, and is hereby approved by such Commission. Date this day of , 19_. By: Chairman ATTEST: Secretary SAMPLE D STATEMENT OF ADOPTION BY COUNCIL THE CITY COUNCIL OF RICHLAND HILLS, TEXAS, ON , 19_, VOTED AFFIRMATIVELY TO ADOPT THIS PLAT AND APPROVE IT FOR FILING OF RECORD. BY: MAYOR ATTEST: CITY SECRETARY • ORDINANCE NO. 819-97 PAGE 25 • F. FORM AND CONTENT OF CONSTRUCTION PLANS AND CALCULATIONS All improvements shall be designed in accordance with the specific "Design Provisions" detailed in this Ordinance and related standard details and specifications and any other requirements adopted by the City Council. Two (2) copies of complete plans, specifications, engineering calculations, and detailed cost estimates, for streets, drainage, sanitary sewers, water distribution, and any other improvements to be performed, shall be submitted with the final filing plat. All engineering issues shall be resolved before the final plat is approved by the City Council. These plans shall be submitted on standard 22 or 24 inch by 36 inch sheets, shall be the same size as the final plat, and shall include the major information required herein. Paving Plans A plan and profile of each street with top of curb grades, existing and proposed ground line shown. Each sheet shall include north point, scale, date, and bench mark description to sea level datum. Scales shall be 1 inch equa140 or 50 feet horizontally and 1 inch equal 4, 5, or 10 feet vertically. The typical cross-section of proposed streets showing the width of roadways and type of pavement and location and width of sidewalk shall be shown. Each plan shall show the seal and signature of • the registered professional civil engineer who prepared the plans. Sanitary Sewer and Water Plans A plan and profile of proposed sanitary sewers, with grades and pipe sizes indicated and showing locations of manholes, etc., and a plan of the proposed water distribution system showing pipe sizes and location of valves, fire hydrants, and fittings, etc., in conformance with the criteria as shown in Section 11 of this Ordinance and the Design Provisions and Standard Details and any other requirements adopted by the City Council. 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 bench mark description to sea level datum. Storm Drainage Plans 1. A plan and profile of proposed storm sewers or channels, showing hydraulic data, pipe grades and sizes, manholes, inlets, pipe connections, outlet structures, etc., in conformance with the criteria as shown in SECTION 11 of this Ordinance and the Design Provisions and Standard Details adopted by the City Council. 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 bench mark description to sea level datum. • ORDINANCE NO. 819-97 PAGE 26 . 2. A general location map of the subdivision showing the entire watershed (a U.S.G.S. quadrangle is satisfactory). 3. Calculations showing the anticipated storm water flow, including watershed area, percent runoff, and time of concentrations shall be submitted showing basis for design for a Q25 and Q 100 storm. 4. Detailed plans shall be submitted for any bridges, culverts, catch basins, any other drainage structures, or any other improvements to be made. 5. Any existing adverse "drainage situations" shall not be made any worse than existing. Other Utilities The subdivider must furnish a written statement to the City designating that the subdivision will be served with gas or will be totally electric service. If a gas distribution system is to be installed then all distribution mains and service lines shall be installed before street construction is complete. G. PROCESSING OF FINAL PLAT AND CONSTRUCTION PLANS Upon receipt of the final plat with construction plans, the required filing fees, executed application form and tax certificates, the City Planner or his designee shall check the plat as to its conformity . with the City's Comprehensive Land Use Plan, Thoroughfare Plan, zoning districts, lot size requirements, subdivision and street names and other applicable City standards. The City Engineer shall check the final plat for conformity with applicable engineering standards and specifications set forth herein as well as with generally accepted engineering principles when not covered specifically herein. The City Engineer shall return the plat to the City Planner with his suggestions as to modifications, additions, alterations or other matters pertinent to the plat. At the regularly scheduled Planning and Zoning Commission meeting, the Planning and Zoning Commission shall act on the plat. The Planning and Zoning Commission shall make a recommendation for approval or disapproval of the final plat. Failure to act within thirty (30) days of submittal shall be deemed approval of the final plat. The recommendations of the Planning and Zoning Commission shall be considered for final action at the next regularly scheduled meeting of the City Council. The Council shall either approve or disapprove any such final plat within thirty (30) days of approval or disapproval by the Planning and Zoning Commission. If the final plat is disapproved, the City Council shall, upon request of the subdivider, state in writing its reasons for disapproval of the final plat. Disapproval action taken by the City Council shall be final, regardless of any previous approval action by the Planning and Zoning Commission. ORDINANCE NO. 819-97 PAGE 27 • If the final plat is approved, the City Planner shall have the approval certificate on the plat executed by the Mayor and attested by the City Secretary. After the final plat has been approved by the City Council, but before construction of water, sewer, street, drainage or other public improvements are started, the Subdivider shall furnish the City with three (3) sets of the completed detailed construction plans and specifications. Lot corner markers shall be iron pins not less than one half inch (1/z") in diameter and no less than eighteen inches (18") long and shall be set flush with the ground at each lot corner by the Subdivider. Block corners and lot corners shall be set prior to construction of public facilities. The approved final plat shall be recorded by the City Planner in the office of the Tarrant County Clerk. Upon filing the final plat in the County Records, the City Planner shall have one (1) photostatic copy made by the County Clerk showing the Cabinet and Slide where filed. Approval of the final plat shall be deemed void if the final plat as approved by the Council has not been executed by the owner and returned to the City for recording in the plat records in the Office of the Tarrant County Clerk within six (6) months of the date of City Council approval of the plat. ORDINANCE NO. 819-97 PAGE 28 . SECTION 6: REQUIREMENTS FOR CONSTRUCTION A. INSPECTION All construction, such as street grading, street paving, drainage structures, curb and gutter, storm sewers, sanitary sewers, and water mains, shall be subject to inspection during the construction period by the proper authorities of the City, and shall be constructed in accordance with the approved engineering plans, Subdivision Ordinance requirements and the Richland Hills City Standard Specifications governing such work. Upon completion of construction the developer or subdivider shall request the City Engineer to make a final inspection of the work and to file a report of the results of such inspection. B. CONSTRUCTION BONDS All contractors employed by the Subdivider shall furnish the City a good and sufficient performance bond, in an amount equal to one hundred percent (100%) of the costs of the improvements required, and a good and sufficient two (2) year maintenance bond, in an amount equal to fifty percent (50%) of the costs of the improvements required; both bonds shall be executed by a reputable and solvent corporate surety, holding a license to do business in the State of Texas, or other security approved by the City Attorney, in favor of the City to indemnify the City against any performance for project completion or 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. Such Bond or other security shall be approved as to form and legality by the City Attorney. C. ACCEPTANCE BY CITY Acceptance of improvements by the City shall be in the form of a letter from the City Manager or other authorized City Official to the Subdivider stating that inspections were conducted as the facilities were completed in accordance with specifications and standards provided for herein or approved by the City Council at the time the final plat was approved for said subdivision. After the work has been accepted by the City, as-built construction drawings of such work shall be submitted to the City. One (1) full size set of mylars and one (1) full size set of prints shall be submitted to the City Engineer. D. ISSUANCE OF BUILDING PERMITS No building permit, water, sewer, plumbing or electrical permit or service shall be issued or allowed to a Subdivider, owner or any other person with respect to any property in any subdivision covered by this Ordinance until such time as all of the applicable requirements of this Ordinance have been • ORDINANCE NO. 819-97 PAGE 29 • satisfactorily completed and the construction accepted by the City. ORDINANCE NO. 819-97 PAGE 30 • SECTION 7: REQUIREMENTS FOR REPLATTING A. OWNERSHIP In order to replat a tract of land for which a final plat is filed of record, the entire tract to be replatted must be fully owned by the person or persons desiring to replat. B. PROCEDURES The procedure for replatting (resubdividing) shall be the same as for subdividing as provided by this Ordinance. All utility companies which furnish the City with water, gas, electric, telephone and television cable service, shall be notified of the proposed replat and given the opportunity to comment on the replat. Replats of property zoned single family or duplex at any time during the preceding five (5) years requires a public hearing with public notice to all property owners in the original subdivision within two hundred feet (200') of the lot(s) to be replatted. This requirement also applies to property similarly limited by deed restrictions. Replats of residentially zoned property other than single family or duplex, commercially zoned property, and industrially zoned property require a public hearing be held but do not require public . notice. Right-of--way for streets shall be dedicated on all replats in accordance with the Thoroughfare Plan. Utility easements necessary for the orderly development of the property shall be dedicated on all replats. ORDINANCE NO. 819-97 PAGE 31 . SECTION 8: REQUIREMENTS FOR A SHORT FORM PLAT A. SHORT FORM PLAT To facilitate the Plat approval process in those instances (including minor street dedication, easement dedication and replats) where the highly formalized Standard Form approval procedure is obviously not necessary for an understanding of a given development process or the effects and implications thereof, or for the protection of proximate individual interest, or for the protection and guidance of community interests, or for the protection and guidance of community development as a whole, the Short Form Plat approval procedure may be applicable when the following conditions have been met: 1. The Short Form Plat and supporting instruments are respectively drawn and compiled in compliance with the requirements for a Final Plat. 2. The Short Form Plat and supporting instruments or subdivision they represent are not otherwise in contravention with Chapter 212, Local Government Code. 3. Each lot and block has frontage upon a dedicated and improved street to City specifications. 4. All easements to each block, or lot have been previously granted or are shown on the Plat. 5. The proposed development neither contains nor creates a significant drainage problem, nor is topography a salient development consideration. 6. All utilities required to serve each block, or lot are in place or arrangements to provide same have been made with the appropriate agency. 7. The proposed lots shall meet the size requirements of the Zoning Ordinance. 8. Subject property shall not exceed five (5) acres. 9. The property so platted shall conform in size and shape to the lots in the vicinity. 10. All design, engineering, improvements and specifications of documents to be submitted that are applicable to Final Plats shall be applicable to the Short Form Plat. Applicant's Duties: The Short Form Plat shall be submitted together with written application, application fees, tax certificates and inspection fees for subdivision approval, in as many copies and as per specifications as required for a Final Plat. • ORDINANCE NO. 819-97 PAGE 32 Processing: The Short Form Plat shall be processed in the same manner herein provided for a Final • Plat. • • ORDINANCE NO. 819-97 PAGE 33 SECTION 9: REQUIREMENTS FOR VACATING A PLAT • A. VACATING A PLAT Plats may be vacated if such vacation is processed in accordance with the provisions set forth in Section 212.013 & Section 212.014 of the Texas Local Government Code. Additionally, an executed application form, application fee, tax certificates, and prescribed drawings as required for a Final Plat shall be submitted. • ORDINANCE NO. 819-97 PAGE 34 SECTION 10: REQUIREMENTS FOR AMENDING A PLAT • A. AMENDING A PLAT The City Council may approve and issue an amending plat, which may be recorded and is controlling over the preceding plat without vacation of that plat, if the amending plat is signed by the applicants only and is solely for one or more of the 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 indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments; 5. to show the location or character of a monument that has been changed in location or character or that is shown incorrectly as to location or character on the preceding plat; 6. to correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving plats, including lot numbers, acreage, street names, and identification of adjacent recorded plats; 7. to correct an error in courses and distances of lot lines between two adjacent lots if: a. both lot owners join in the application for amending the plat; b. neither lot is abolished; c. the amendment does not attempt to remove recorded covenants or restrictions; and d. the amendment does not have a material adverse effect on the property rights of the other owners in the plat; 8. to relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement; 9. to relocate one or more lot lines between one or more adjacent lots if: a. the owners of all those lots join in the application for amending the plat; ORDINANCE NO. 819-97 PAGE 35 b. the amendment does not attempt to remove recorded covenants or • restrictions; and c. the amendment does not increase the number of lots; or 10. to make necessary changes to the preceding plat to create six or fewer lots in the subdivision covered buy the preceding plat i£ a. the changes do not affect applicable zoning and other regulations of the municipality; b. the changes do not attempt to amend or remove any covenants or restrictions; and c. the area covered by the changes is located in an area that the municipal planning commission or other appropriate governing body of the municipality has approved, after a public hearing, as a residential improvement area. 11. To replat one or more lots fronting on an existing street if: a. the owners of all those lots join in the application for amending the plat; • b. the amendment does not attempt to remove recorded covenants or 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. Notice, a hearing, and the approval of other lot owners are not required for the approval and issuance of an amending plat. An executed application form, application fee, tax certificates, and prescribed drawings as required for a final plat shall be submitted. • ORDINANCE NO. 819-97 PAGE 36 SECTION 11: DESIGN PROVISIONS • A. GENERAL This part of the Subdivision Ordinance is primarily intended for the use of the Subdivider's Engineer to enable him to design required community facilities which will be acceptable to the City. There may be special circumstances which would dictate requirements in excess of those outlined; however, in most cases, these special circumstances will be apparent to the Subdivider's Engineer while preparing the plans for the subdivision. The City Council may grant a waiver in accordance with Section 1-D of this Ordinance where specific topographic or other conditions make a waiver from these standards necessary in order to achieve the best overall design. There is hereby adopted by reference and made a part of these regulations design standards and specifications which shall control the design, construction and installation of street paving, curbs and gutters, sidewalks, utilities and other public improvements required herein. All references to City Design Standards and Specifications shall mean and include those standards and specifications, together with all exhibits, charts, drawings and diagrams appertaining thereto, which have been approved by the officials having jurisdiction and placed on file in the offices of said officials. Provisions not stated herein will be regulated by the "North Central Texas Council of Government Standard Specifications" for Public Works Construction. • B. STREETS General Requirements 1. The arrangements, character, extent, width, grade and location of all proposed streets shall conform to the Thoroughfare Plan -and their relationship shall be considered to that of the existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. 2. All streets should be designed to be in line with existing streets in adjoining subdivisions. When conditions permit, centerline offsets should be at least two hundred feet (200'). Greater centerline offsets as may be required by the City Engineer shall be planned where necessary for traffic safety. 3. Streets shall be named to provide continuity with existing streets. Names and numbers will be reviewed by emergency services for final approval or recommended changes. • ORDINANCE NO. 819-97 PAGE 37 4. Streets designated to be dead-ended permanently shall be platted and constructed • with a paved cul-de-sac. Any dead-end street of a temporary nature, if longer than two hundred (200) feet, shall have a surfaced turning area eighty (80) feet in diameter for a cul-de-sac, and barricades as per the Richland Hills Standard Details. Temporary dead-end streets shall have provisions for future extension of the street and utilities and, if the temporary cul-de-sac is utilized, a reversionary right to the land abutting the turn-around for excess right-of--way shall be provided. 5. A street ending permanently in a cul-de-sac should not be longer than six hundred (600) feet and shall be provided at the closed end with aturn-around having an outside roadway diameter of at least eighty (80) feet, and a street property line diameter of at least one hundred (100) feet. On extra wide lots, cul-de-sacs may be longer. 6. Streets should be platted to allow two tiers of lots between streets when possible. 7. The reservation in private ownership of strips of land at the end of proposed or existing streets and intended solely or primarily for the purpose of controlling access to property not included in the subdivision shall be prohibited. 8. Construction of half streets shall be governed by the provisions in the North Central Texas Council of Government Standards for Public Works Construction. • 9. Local streets shall be laid out so that their use by through traffic will be discouraged. Street Class Requirements 1. Street layout shall provide for continuation of collector streets in areas between arterials. 2. Those local streets designated by the City Council shall be extended to the tract boundary to provide future connection with adjoining unplatted lands. In general, these extensions should be at such intervals as necessary to facilitate internal vehicular circulation with adjoining unplatted lands. 3. Where single family or duplex uses abut an existing or proposed collector or arterial street, the plat or dedication instrument will provide: Lots to side onto the collector or arterial with anon-access restriction on the collector or arterial side; or Reverse frontage with screening and containing anon-access restriction along the rear property line; or • ORDINANCE NO. 819-97 PAGE 38 • Lots with screened rear alleys; or other treatment as may be necessary or required for adequate protection of adjoining properties, and as approved by the City Council after taking into consideration the proposed method ofoff-street parking and maneuvering which will prevent the necessity of backing into the arterial street. Street Classification Definitions Street Classification Functions -Uses Local Street A street which distributes traffic to and from residences. It is short in length and non-continuous to discourage through traffic. It serves low-density residential/single family uses. Minor Collector A street which carries traffic from local streets to other collector streets. Also, it may serve local facilities such as schools and churches, low and medium density residential, limited commercial facilities, elementary schools, some small offices and as direct access within industrial parks. Street Classification Functions -Uses Major Collector A street which carries traffic from collector streets to arterials. Also, it may serve local facilities such as schools, churches, fast food restaurants and mini-malls, medium and high density residential, limited commercial facilities, elementary schools, offices and as direct access within industrial parks. Minor Arterial A street which receives traffic from collectors and distributes traffic to major arterials and activity centers. Also, it may feed through-traffic to freeways. Further it serves uses such as, high schools, universities, other major educational- vocational facilities, and concentrations of high-density residential, commercial facilities. Major Arterial A street which receives traffic from collectors and distributes it to major activity centers. Also, it feeds through-traffic to freeways. Further it serves uses such as universities, other major educational facilities, concentrations of high-density commercial, regional commercial facilities, other • ORDINANCE NO. 819-97 PAGE 39 concentrated commercial facilities, industrial complexes, and • major public facilities such as airports. Freeways Freeways carry all types of traffic. They receive traffic from collectors and arterials and distribute traffic to major activity centers. Traffic on freeways does not stop, and all intersections are grade-separated. Street Design General Provisions 1. All dedicated streets shall conform to the following: GENERAL DESIGN CRITERIA Minimum Minimum Street Classification Right-of- Roadway Width Parkway Way Width (Face to Face) Width • Local Street 50' 30" 10' Minor Collector 60' 36' 12' Major Collector 80' 53' 12' Two Minor Arterial plus center turn facilities when 100' 28' each 12' required Major Arterial (plus center turn facilities) 120' 2 @ 40' 12' Freeway TxDOT Standards 2. All dedicated streets shall conform to the following Technical Design Criteria: 3. TABLE 1 • ORDINANCE NO. 819-97 PAGE 40 Minimum Design Maximum Minimum Street Speed Percent Percent Area free from storm water, using Classification (MPH) Grade Grade a 5-year frequency storm Local Street 35 10 0.6 N/A Minor Collector 40 6 0.6 N/A Major Collector 50 6 0.6 One lane (normally the center 12') Arterials 50 6 0.6 One lane each direction 4. Horizontal Curves Where streets classified as Local are platted with curves, the degree of curvature should, as much as is practical, be consistent with the criteria for horizontal curves and minimum stopping sight distance for the design speed, in accordance with good engineering practice. When streets classified as Collector or Arterial are platted with curves, the degree of curvature shall be such so that the street when constructed will meet the requirements • for horizontal curves and minimum stopping sight distance, etc., for the design speed, in accordance with good engineering practice. 5. No street intersecting an arterial street should vary from a 90° angle of intersection by more than 5°. Intersections of Collector streets, and Local streets should not vary from 90° by more than 5°. 6. Pavement Types and Thicknesses shall be in accordance with the Richland Hills Street Design Standards. 7. Provisions not stated herein will be regulated by the "North Central Texas Council of Government Standard Specifications for Public Works Construction." C. ALLEYS General Provisions 1. Alleys serving single family residential and duplex areas shall have a minimum right- ORDINANCE NO. 819-97 PAGE 41 • of-way width oftwenty-four feet (24'). Alley turnouts shall be paved to the property line and shall be 12 feet wide at that point. Alleys shall be paved in accordance with City Design Standards and Specifications, for a minimum width of twelve feet (12') exclusive of any curbs which may be required. A uniform transition in alley pavement widths shall be made in a distance of not less than twenty feet (20'). 2. Alleys should intersect streets at right angles or radially to curved streets. 3. Dead-end alleys shall be prohibited. 4. In cases where two alleys intersect or turn a sharp angle, lot corners shall be platted so that a triangular area of 25' x 25' or greater, is dedicated as part of the alley for the purpose of providing a minimum radius of thirty feet (30') to the inside edge of the alley paving. 5. Alley paving should have a minimum grade of 0.6% and a maximum grade of 10.0%. 6. Alley construction shall meet the requirements of the Richland Hills Standard Details D. EASEMENTS General • The developer shall be responsible for the acquisition of the following easements and widths: 1. Minimum Utility (Sanitary Sewer and Water) Easement Widths: a. For both sanitary sewer pipe and water pipe less than 15" DIA, at a maximum depth often feet (10'), the width of the required easement is fifteen feet (1 S'). b. For larger pipe sizes, where the maximum depth is ten feet (10'), the following table shall apply: Pipe Size ,in. DIA) Width of Easement Sanitary Sewer Pipe 20 ft. 15" thru 21" Sanitary Sewer Pipe 25 ft. 24" thru 30" Sanitary Sewer Pipe 30 ft. 36" and above • ORDINANCE NO. 819-97 PAGE 42 • Water Pipe 20 ft. 15" thru 21" Water Pipe 25 ft. 24" thru 42" Water Pipe 30 ft. 48" and above c. For all mains with depths greater than ten feet (10'), the minimum easement width shall be: depth of pipe times 2.0, plus the width of pipe, plus two feet (2'), rounded up to the nearest five foot (5') interval. Easement shall not exceed 50 feet unless required by special circumstances. 2. Easements of at least five feet (5') in width shall be provided on each side of all rear lot lines and along side lot lines, where necessary, for utilities such as cable television, electric, telephone, street lights and gas. Easements having greater width dimensions may also be required along or across lots where engineering design or special conditions make it necessary for the installation of utilities outside public rights-of--way. For lots facing on curvilinear streets, the rear easement should consist of straight lines with a minimum of points of deflection. • The following full statement of restrictions shall be placed in the easement dedication instrument. 1. Utility Easements: Any public utility, including the City of Richland Hills, shall have the right to move and keep moved all or part of any buildings, fences, trees, shrubs, other growths or improvements which in any way endanger or interfere with the construction, maintenance, or efficiency of its respective systems on any of the easements shown on the plat; and any public utility, including the City of Richland Hills, shall have the right at all times of ingress and egress to and from and upon said easements for the purpose of construction, reconstruction, inspection, 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. Emergency Access and Fire Lane Easements -shall be provided in locations required by the Chief of the City of Richland Hills Fire Department. These easements shall meet the requirements of the Richland Hills Fire Department Specifications for Fire Lanes as indicated below: a. Fire lanes shall be designated by the Fire Department or duly authorized representative. (Reference: Section 10.204, Uniform Fire Code) b. The color of the striping shall be bright red paint six inches (6") in width. • ORDINANCE NO. 819-97 PAGE 43 • Required wording shall be in white letters, four inches (4") in height with the width of the stroke at least one-half inch (1 /2"). c. The words "NO PARKING-FIRE LANE" shall be painted every fifteen feet (15') centered within the red striping. d. The designated width of a fire lane shall be twenty-four feet (24') of unobstructed width between the red striping, measured from the inside of the stripe. e. Fire lanes shall have an unobstructed vertical clearance of fourteen feet (14'). £ Fire lanes shall have anall-weather surface designed to support the imposed loads of the fire apparatus. g. Fire lanes shall be installed before the construction of a building, and along with the installation of fire hydrants, be ready for use by the Fire Department during the construction of the building project. h. All dead-end fire lanes in excess of one hundred fifty feet (150') shall be provided with aturn-around approved by the Fire Department with an additional distance often feet (10') on all sides clear of permanent structures. • i. A turning radius shall be provided with a minimum of fifty foot (50') outside and thirty foot (30') inside diameters. j. Variations to this list and the fire code requirement shall be requested in writing to the Fire Chief. k. All fire lanes are subject to field verification. 3. A 35' x 35' triangular public "open space" easement is required on corner lots at the intersection of two streets. A 20' x 20' triangular public "open space" easement is required on corner lots at the intersection of an alley and a street. The following full statement of restrictions shall be placed in the dedication instrument or on the face of the plat: Public Open Space Restriction: 1. No structure, object, or plant of any type may obstruct vision from a height of twenty-four (24) inches to a height of eleven (11) feet above the top of the curb, including, but not limited to buildings, fences, walks, signs, trees, shrubs, cars, trucks, etc., in the public open space easement as shown on this plat. These public • ORDINANCE NO. 819-97 PAGE 44 • space easements will remain in effect until vacated by ordinance adopted by the City Council of the City of Richland Hills or replatting of the property. 2. Public Open Space Restrictions may be altered to permit, on commercially zoned lots, the placement within the easement area of: One single pole sign with said pole not to exceed twelve (12) inches in diameter and with every portion of said sign allowing a minimum height clearance between it and the ground of eleven (11) feet. Drainage Easements Easements for storm drainage facilities shall be provided at locations containing proposed or existing drainage ways. (a) Storm drainage easements of twenty feet (20') minimum width shall be provided for existing and proposed enclosed drainage systems. Easements shall be centered on the systems, unless otherwise approved by the City Engineer. Larger easements, where necessary, shall be provided as follows: • Pipe Size Width of Easement 30" thru 42" 25 ft. 48" thru 60" 30 ft. (b) Storm drainage easements along proposed or existing open channels shall provide sufficient width for the required channel designed for "fully developed conditions" and such additional width, fifteen feet (15') minimum, as may be required to provide ingress and egress for maintenance equipment; to provide clearance from fences and space for utility poles; to allow maintenance of the channel bank; and to provide adequate slopes necessary along the bank. Adequate slopes for natural channels is defined as 4:1 (run:rise); natural slopes steeper than this will be permitted only when approved by the appropriate public works maintenance division. (c) Storm drainage easements shall be provided for emergency overflow drainageways of sufficient width to contain within the easement storm water resulting from a 100- year frequency rain event based on "fully developed conditions." (d) The storm drainage facilities indicated in (b) and (c) above shall be designed with one foot (1') of "free-board"; however, if this one foot (1') of "free-board" increases • ORDINANCE NO. 819-97 PAGE 45 • the capacity of the storm drainage facility by a factor greater than "1.25 X the capacity required for the discharge from a fully developed 100-year rain event", then the storm drainage facility shall be designed to have "free-board" up to the "1.25 X the capacity required for the discharge from a fully developed 100-year rain event" elevation. The width of the easements described in Items (a) through (d) above shall be substantiated by a drainage study and drainage calculations or other criteria submitted to and approved by the City Engineer. "FIRM" Identified Flood Hazard Areas Drainage Easements shall be provided along the top of bank of natural drainageways, lakes or reservoirs. Such Drainage Easements shall encompass all areas within the natural drainageways, lakes or reservoirs, plus such additional width, fifteen feet (15') minimum, extended above and beyond the top of bank or as may be required to provide ingress and egress to allow maintenance of the banks and for the protection of adjacent property, as determined and required by the City Engineer. The following full statement of restrictions shall be placed in the dedication instrument of the subdivision plat: • Floodway Restriction Statement The developer's engineer will be required to submit a report to the "Federal Emergency Management Agency" for any development that alters a floodway. Development shall not begin within a "floodway" without an approved plan by FEMA. No construction, without the written approval of the City of Richland Hills shall be allowed within an identified "FIRM" floodplain area, and then only after detailed flood plain development permit including engineering plans and studies show that no rise in the Base Flood Elevation (BFE) will result, that no flooding will result, that no obstruction to the natural flow of water will result; and subject to all owners of the property affected by such construction becoming a party to the request. Where construction is permitted, all finished floor elevations shall be a minimum of one foot (1') above the 100-year flood elevation. The existing creeks, lakes, reservoirs, or drainage channel traversing along or across portions of this addition, will remain open at all times and will be maintained by the individual owners of the lot or lots that are traversed by or adjacent to the drainage courses along or across said lots. The City of Richland Hills will not be responsible for the maintenance and operation of said drainageways or for the control of erosion. • ORDINANCE NO. 819-97 PAGE 46 • Each property owner shall keep the natural drainage channels traversing or adjacent to his property clean and free of debris, silt, or any substance which would result in unsanitary conditions and the City shall have the right of ingress and egress for the purpose of inspection and supervision of maintenance work by the property owner to alleviate any undesirable conditions which may occur. The natural drainage channel, as in the case of all natural drainage channels, are subject to storm water overflow and natural bank erosion to an extent that cannot be definitely defined. The City of Richland Hills shall not be liable for damages of any nature resulting from the occurrence of these natural phenomena, nor resulting from a failure of any structure(s) within the natural drainage channels. The natural drainage channel crossing each lot is shown by the floodway easement line as shown on the plat. E. BLOCKS The length of a block shall be considered to be the distance from property corner to property corner measured along the property line of the block face: 1. of greatest dimension, or 2. on which the greatest number of lots face. • The width of a block shall be considered to be the distance from property corner to property corner measured along the property line of the block face: 3. of least dimension, or 4. on which the fewest number of lots face. The length, width and shapes of blocks shall be determined with due regard to: (a) provision of adequate building sites suitable to the special needs the type of use contemplates; (b) zoning requirements as to lot sizes and dimensions; (c) needs for convenient access, circulation, control and safety of street traffic. In general, intersecting streets should be provided at such intervals as to serve traffic adequately and to meet existing streets or customary subdivision practices. Where no existing subdivision controls, the block lengths should not exceed one thousand three-hundred twenty (1,320) feet. Where no existing subdivision controls, the blocks should not be less than five hundred (500) feet in length; however, incases where physical barriers, property ownership, or individual usage creates conditions • ORDINANCE NO. 819-97 PAGE 47 • where it is appropriate that these standards be varied, the length may be increased or decreased to meet existing conditions, having due regard for connecting streets, circulation of traffic and public safety. Where long blocks in the vicinity of a school, park or shopping center are platted, the City Council may require a public walkway near the middle of long blocks or opposite a street that terminates between the streets at the ends of the block. If required, the walkway shall not be less than four (4) feet, constructed of concrete, and shall have a concrete walk of a minimum width of four (4) feet through the block from sidewalk to sidewalk, or curb to curb, or if no street, to the property line adjacent to school, park or shopping center. F. LOTS The lot arrangement and design shall be such that all lots will provide satisfactory and desirable building sites, properly related to topography and the character of surrounding development. All side lines of lots shall be at approximately right angles to straight street lines and radial to curved street lines except where a variation to this rule will provide a better street and lot layout. No lot shall have less area of width at the building line than is required by the zoning regulations that apply to the area in which it is located. • Lots shall be consistent with zoning regulations. Proposed uses shall be shown on the preliminary plat. Residential Buildin Lg fines Building lines shall be shown on all lots in the subdivision but not less restrictive than the zoning ordinance. G. LAND UNSUITABLE FOR SUBDIVISION Any land which, in its natural state, is subject to a 100-year flood or which cannot be properly drained shall not be subdivided, re-subdivided or developed until receipt of evidence that the construction of specific improvements proposed by the Subdivider can be expected to yield a usable building site. Thereafter the Planning and Zoning Commission and City Council may approve plats; however, construction upon such land shall be prohibited until the specific improvements have been planned and construction guaranteed. H. RECREATION AND PUBLIC LANDS • ORDINANCE NO. 819-97 PAGE 48 Providing adequate sites for recreation, parks, open space, school sites, and other community facilities is a public necessity in an urban area. The acquisition and improvement of these sites in step with private development of the area served by them is of mutual benefit to the subdivider and to the public. Therefore when advised during the preapplication conference that the Parks & Recreation Open Space Master Plan and/or Comprehensive Land Use Plan shows a need for said facilities either partially or totally within the proposed development area, the subdivider shall include in his preliminary plat design sites for such purposes. I. UNIFIED RESIDENTIAL DEVELOPMENT (PLANNED UNIT DEVELOPMENT) All proposed unified residential developments, also referred to as planned unit developments, shall comply with the provisions relating thereto and contained within the Comprehensive Zoning Ordinance. All streets not dedicated to the public shall be paved to Street Design Standards adopted by the City of Richland Hills, and shall be maintained by means of a Home Owner's Association, or other means as approved by the City Council. Any request to dedicate a private street as a public street shall be approved only if arrangements are made to bring the street into conformity with all City standards and regulations in effect at the time of dedication at the cost of affected property owners. All private streets that intersect with public streets shall be constructed with standard drive type approaches. In such cases where an unusual condition exists, the City Engineer may approve . standard intersection approaches if the approval is requested prior to the preparation of the plans. Private streets will be named and shown on the plat. Private streets shall be indicated as such on the plat. Street signs for said private streets shall be erected and maintained by the Home Owner's Association. J. DRIVEWAYS, PARKING, AND SIGNS One and Two Family Residential Drivewavs The location and size of ingress and egress driveways for one and two family residences shall be subject to the approval of the City Engineer. Residential driveways to serve single car garages, carports, and/or storage areas shall be not less than eleven (11) feet nor more than fifteen (15) feet in width, measured at the property line. Residential driveways to serve two car garages, carports, and/or storage areas shall be not less than eleven (11) feet nor more than twenty-four (24) feet in width, measured at the property line. When residential driveways are required to serve three or more car garages, carports, and/or storage areas, the size and location of the driveway(s) shall be subject to the approval of the City Engineer, after an adequate engineering analysis of the parking, maneuvering and access requirements. A driveway should not begin less than fifteen feet (15') from the point of tangency of the corner radius of an intersection. • ORDINANCE NO. 819-97 PAGE 49 . The radius of all driveway returns shall be a minimum of five feet (5'); however, if in the professional opinion of the City Engineer, a situation justifies, driveways may be built at an angle other than perpendicular to the roadway and/or with driveway return radii of as much as twenty feet (20'). Residential driveways shall not be constructed closer than ten feet (10') apart. Joint driveway approaches may be approved provided a letter of agreement signed by all adjoining property owners is delivered to and approved by the City Engineer. Multi-Family Residential, Commercial and Industrial Driveway The location of ingress and egress and the size of all multi-family residential, commercial, and industrial driveways shall be subject to the approval of the City Engineer. Driveways should not exceed sixty-five percent (65%) of the property frontage. Multi-family residential, commercial and industrial driveways shall be a minimum of fifteen feet (15') and a maximum of thirty-six feet (36') in width measured at the property line. When the property frontage is seventy-five feet (75') or greater, the driveway measured at the property line shall not begin less than five feet (5') from the property corner. When the property frontage is less than seventy-five feet (75'), the driveway measured at the property line may begin a minimum of fifteen feet (15') from the property corner, provided there is not an existing driveway within fifteen (15) feet of the property corner on the adjacent property. A minimum of twenty (20) feet, measured at the property line, should be maintained between driveways. . The radius of all driveway returns shall be a minimum of fifteen feet (15'); however, if in the professional opinion of the City Engineer a situation justifies, driveways may be built at an angle other than perpendicular to the roadway and/or with driveway return radii of as much as twenty-five feet (25'). The larger radius driveway returns may only be approved if a minimum often (10) feet of tangent curb can be constructed between the driveway returns. Joint driveway approaches may be approved provided a letter of agreement signed by all adjoining property owners is delivered to and approved by the City Engineer. Parkins Off-street parking shall be provided as required in all the applicable zoning provisions of the Zoning Ordinance, and shall be paved. Off-street parking areas shall be maintained by the Owner. No new "head-in" parking is permitted, except for one and two-family residential. Off-street parking layouts shall afford the driver the ability to accomplish all maneuvers to enter or exit the parking spaces on private property. The area between the property line and curb line and/or edge of pavement (Street Parkway) shall not ORDINANCE NO. 819-97 PAGE 50 be used for off-street parking. General Nothing in this article shall require the changing of existing driveways and/or parking except under one or more of the following conditions: 1. During widening and/or reconstruction of streets, the driveways will be brought into conformity with the present standards and head-in parking will be eliminated; 2. During new building construction or major additions and remodeling of existing buildings all driveways and parking requirements will be brought into conformity with the present standards and head-in parking will be eliminated; 3. When the City Engineer determines that prevailing traffic conditions require the elimination of existing head-in parking that makes use of public rights-of--way in order to correct a serious traffic hazard. Street Names and Signs 1. Street names. Names of new streets shall not duplicate or cause confusion with the names of existing streets, unless the new streets are a continuation of or in alignment • with existing streets, in which case names of existing streets shall be used. 2. Street signs. Street Name and Traffic Control Devices, including school zone flashing lights, additional traffic signal apparatus, etc. shall be paid for by the Subdivider or Developer for all intersections within or abutting the subdivision. Payment shall be made prior to infrastructure construction in the subdivision. Such signs shall be of a type approved by the City Engineer. K. STORM DRAINAGE FACILITIES General Drainage facilities shall be provided and constructed by the subdivider or developer in accordance with current design criteria adopted by the City and the Richland Hills Standard Specifications for Street and Drainage Construction and the following basic requirements: 1. When conditions upstream from a proposed channel or storm drain outside the limits of the ownership of the subdivider or developer do not permit maximum design flow, the drainage facilities shall be designed based on potential and fully developed conditions. • ORDINANCE NO. 819-97 PAGE 51 • 2. When conditions downstream from a proposed channel or storm drain outside the limits of the ownership of the subdivider or developer do not permit maximum design flow, water surface elevations fora 100-year design frequency shall be indicated considering the downstream condition in order to define the potential flood hazards. Solutions to protect the property shall be developed. 3. All drainage improvements shall be designed to an acceptable outfall. 4. Where there is a question as to the justification or size of drainage facilities, doubt will be resolved in favor of additional drainage capacity. 5. The combined capacity of storm drain pipe, street and surface drainage shall contain the 100 year design flow at the R.O.W. lines. The finish floor elevation shall be at least one foot (1') above the 100-year flood Base Flood Elevation (BFE). 6. The developer shall install an underground storm drain beginning at the point where the calculated storm water runoff is of such a quantity that it will overflow the street at curb height. The storm drain shall be constructed from this point to an approved outlet where the storm water can be discharged safely without damage or flooding of adjacent property. 7. The developer may install a concrete lined channel in lieu of installing pipe larger • than sixty inches (60"). When the pipe required to meet these subdivision regulations is less than sixty inches (60"), the flow from this rain event must be carried in such a pipe. When an open channel is necessary, it shall be at the rear of residential lots and meet the requirements of "North Central Council of Government Standard for Public Works Construction." In the event it is necessary to locate the drainage facility adjacent to and parallel to a street it shall be a closed conduit even though pipe sizes larger than sixty inches (60") are required. 8. A permanent six foot (6') chain link fence or other fence meeting the requirements of the City shall be constructed to enclose the channel area where it is adjacent to residential lots and also in other cases where it is deemed necessary to restrict access to the channel. 9. All drainage facilities shall be constructed on public right-of--way or easements dedicated for the purpose. Drainage easements shall be of a sufficient size to permit access for maintenance of the drainage facility. 10. When a drainage ditch or storm drain pipe, culvert or bridge is proposed, calculations shall be submitted showing basis for design. 11. When a drainage channel, storm drain pipe, culvert or bridge is proposed, completed • ORDINANCE NO. 819-97 PAGE 52 • plans, profiles and specifications shall be submitted, showing complete construction details and detailed cost estimate. 12. The subdivider or developer shall indicate present DA's Izs~ Iioo~ Q2s~ and Q,oo• 13. The subdivider or developer shall indicate proposed DA's Izs, I,oo, Qzs, and Q,oo• 14. The subdivider or developer shall indicate both present and proposed contours and direction of drainage. 15. Any present adverse drainage problems shall not be made worse. 16. Proposed drainage shall flow to drainage easements, storm drain facilities and/or publicly dedicated streets only. 17. Existing capacities of drainage easements, storm drain facilities and/or publicly dedicated streets shall be indicated. 18. Existing capacities of drainage easements, storm drain facilities and/or publicly dedicated shall not be exceeded. 19. Directing or allowing drainage onto private property will not be allowed. • Design Criteria Drainage requirements shall be based on the Rational Method of Design (Q =CIA). Q = Discharge or surface runoff in cubic feet per second. C = Coefficient of runoff - 0.35 for parks and undeveloped areas 0.50 for single family or duplex residential areas 0.80 for multi-family residential areas 1.00 for paved, commercial, and industrial areas I = Intensity of runoff in inches per hour. A = Drainage areas in acres. A minimum time of concentration often minutes shall be used, with detailed computation made to determine the exact time of concentration to each inlet facility. • ORDINANCE NO. 819-97 PAGE 53 Design Storm Frequency • Maximum Allowable Recommended Description of Time of Design Area To Be Concentration Frequency Type of FacilitX Drained {Minutes) Years *Storm Sewers Residential, 20 25 Commercial and Manufacturing *Culverts, Any type of area 30 100 Bridges, less than 100 Channels and acres Creeks *Culverts, Any type of area 45 100 Bridges, greater than 100 Channels and acres but less than Creeks 1,000 acres *Culverts, Any type of area 60 100 Bridges, greater than 1,000 Channels and acres Creeks • *In all cases, the discharge from a 100-year rain event for "fully developed conditions" shall be completely carried within a drainage easement and/or R.O.W. L. WATER FACILITIES General All subdivisions developed subsequent to this ordinance shall be provided with an approved water system. In the absence of specific standards contained in this ordinance, all water supply, distribution, pumping, and storage improvements shall be designed in accordance with the most current standards of the American Water Works Association and the most current edition of "Rules and Regulations for Public Water Systems" of the Texas Department of Health Resources and Texas Natural Resources Conservation Commission (TNRCC) Regulations. Materials and construction shall meet the requirements of Richland Hills standard details and specifications for water and sanitary sewer construction. Basic Requirements 1. All water mains in residential areas shall be a minimum of six inches (6") in size and looped. Water mains in industrial and commercial areas shall be a minimum eight inches (8") in size. • ORDINANCE NO. 819-97 PAGE 54 • 2. The City may participate in the cost of any oversize lines required to serve land areas and improvements beyond the subdivision. The City's participation will be the difference in the actual construction cost of the oversized line and the estimated construction cost, as determined by the City's Engineer, of the line properly sized to serve only the land area of the development. 3. The cost of mains larger than six inches (6") must be borne by the subdivider or developer if such larger main is required to adequately serve the subdivision. 4. Standard fire hydrants shall be installed as a part of the water distribution system. Fire hydrants in a mercantile and industrial area shall be on street intersections and so located that there will be a fire hydrant every three hundred (300) feet. Fire hydrants in a residential area shall be located on all street intersections and not over five hundred feet 500') apart. Fire hydrants shall be considered as the actual fire hydrant, six inch (6") valve, "tee," and the necessary piping. 5. Valves of approved design shall be installed at the intersections of all water mains so as to provide for proper maintenance and operation of the system and to provide a means of shutting off the supply to portions of the systems for repairs. Sufficient valves shall be installed to cause no more than fifteen (15) lots to be out of service in the event of a water main break. • 6. The depth of cover shall be a minimum of thirty-six inches (36") below finished grade. 7. Pipeline Markers will be used to locate road crossings and cross country lines in rural areas. 8. Valve markers shall be provided in rural areas. 9. Corporation stops and meter boxes shall be provided at all services. 10. Adequate Air Relief, draining, and flushing valves must be provided for flushing, disinfection, daily operation requirements, and repairs. 11. All water mains installed within a subdivision must extend to the borders of the subdivision as required for future extensions of the water distribution system regardless of whether or not such extensions are required for service within the subdivision. At the end of such water main, a fire hydrant assembly shall be installed plus an additional valve for any future extensions. M. SANITARY SEWERAGE FACILITIES • ORDINANCE NO. 819-97 PAGE 55 General • All subdivisions developed subse uent to this Ordinance shall be rovided with an a roved q p pp sewerage disposal system conforming to the current criteria adopted by the City and the requirements of Texas Natural Resource Conservation Commission Regulations. Materials and construction shall meet the requirements of Richland Hills Standard Details and Specifications for Water and Sanitary Sewer Construction. Basic Requirements 1. No sanitary sewer main shall be less than six inches (6") in nominal diameter. Sanitary sewer mains of six inches (6") diameter can only be installed when all four (4) of the following criteria are met: (a). the main is less that 2501ineal feet in length; (b). the main is installed straight (NOT on a curve); (c). there is no possible way the main can be extended onto in the future: and (d). manholes are installed on both ends of the six inch (6") main. 2. All sanitary sewers shall be designed with consideration for serving the full drainage area subject to collection by the sewer in question except as modified with the concurrence of the City's Engineer because of the projected rate of development or the financial feasibility of the proposed extension. 3. Manholes shall be located at all intersections of other sanitary sewers and at intermediate spacings along the line. Generally the maximum spacing should not exceed five hundred feet (500'). Manholes should be located at all changes in grade and at the ends of all sanitary sewers that will be extended or not extended; i.e., clean-outs will not be allowed. 4. Sanitary sewers should be designed with straight alignment whenever possible. When horizontal curvatures must be used, the smallest radius should be determined by the pipe manufacturers data, but in no case less than a one hundred (100) foot radius shall be used. 5. All sanitary sewers shall be designed with hydraulic slopes sufficient to give mean velocities, when flowing full or half full, of not less than two (2') feet per second on Kutter's or Manning's formulas using an "n" value of 0.013. ORDINANCE NO. 819-97 PAGE 56 6. No connection shall be made to any sanitary sewerage system within the City which • will permit the entrance of surface water and waste of other than domestic sewage characteristics. 7. All materials and workmanship incorporated in the sanitary sewage system extensions shall be in accordance with the currently adopted Richland Hills Standard Details and Specifications for Water and Sanitary Sewer Construction. 8. All lateral and sanitary sewer mains installed within a subdivision must extend to the borders of the subdivision as required for future extensions of the collecting system regardless of whether or not such extensions are required for service within the subdivision. 9. All service laterals below areas proposed to be paved shall be installed and properly backfilled prior to compaction of the subgrade and placement of the paving. 10. Any service lateral used for the discharge of industrial waste into the City's sanitary sewers shall have a control manhole constructed and maintained by the discharger of the industrial waste. The control manhole shall be constructed downstream from any storage tanks or pretreatment works and shall be used by the City for sampling and monitoring the industrial waste. • • ORDINANCE NO. 819-97 PAGE 57 SECTION 12: FACILITIES AGREEMENT • Facilities A reement The subdivider shall be required to enter into an agreement with the City which will govern his subdivision if there are off-site utility extensions, off-site street extensions and/or modifications, perimeter street construction and/or modifications, perimeter street ordinance responsibilities, sidewalk ordinance responsibilities, pro-rata payments, city participation and cost, escrow deposits or other future considerations, waivers granted to the ordinance or other nonstandard development regulation. This agreement shall be based upon the requirements of this section and shall provide the city with specific authority to complete the improvements required in the agreement in the event of failure by the developer and to recover the full legal cost of such measures. The City may subordinate the facilities agreement to the prime lender if provided for in said agreement. The facilities agreement shall be a legally binding agreement between the City and the developer specifying the individual and joint responsibilities of both the City and the developer. Unusual circumstances relating to the subdivision shall be considered in the facilities agreement such that the purpose of this ordinance is best served for each particular subdivision. Such facilities agreement may stipulate pro-rata payments, city participation in unusual facilities, escrow deposits or other payments for future facilities, waivers granted to this ordinance and other particular aspects of the development. The developer shall include in such agreement a hold harmless indemnity clause agreeing to hold the city harmless against any claim arising out of this developer's subdivision or any • actions taken therein. The developer shall have a continuing responsibility under this facilities agreement after the filing of the final plat and until all facilities and improvements required under this facilities agreement have been completed. When the construction of required improvements has proceeded to the point that certain parts of the subdivision are adequately served, the City Manager may release specified portions of the subdivision prior to the completion of all improvements. This shall not be done if the release of such improvements would jeopardize or hinder the continued construction of required improvements, and the facilities agreement shall remain in force for all portions of the subdivision for which a release has not been executed. The facilities agreement shall be recorded in the Tarrant County Courthouse at the same time the final plat is recorded. II. Penalty Clause. Any person, firm or corporation who shall violate any of the provisions of this Ordinance or who shall fail to comply with any provision hereof shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed Five Hundred Dollars ($500.00), and each day that such violation continues shall constitute a separate offense and shall be punishable accordingly. Prosecution or conviction under this provision shall never be a bar to • ORDINANCE NO. 819-97 PAGE 58 any other remedy or relief for violations of this Ordinance. III. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. IV. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Richland Hills City Charter and the laws of the State of Texas. PRESENTED, GIVEN FIRST READING AND APPROVED at the regular meeting of the Richland Hills City Council on the 10th day of ,Tune , 1997, by a vote of ~ ayes, ~ _ nays, and ~ abstentions. ~ "~p~'•, APPROVED: . ~ ~ r- :~-~.y e ~ fr 4 C.F. Kelley, Mayor • ~ ~ ~ ~ ATTEST: a ~ ~s ~ Terri s, City Secretary APPROVED AS TO FORM AND LEGALITY: 1 aul F. Wiener ie, City Attorney ORDINANCE NO. 819-97 PAGE 59