CHAPTER 26

SUBDIVISIONS

   ARTICLE 26.01 GENERAL PROVISIONS*

   Sec. 26.01.001     Platting fees

Platting fees are as provided in section A26.01.001 of the fee schedule in appendix A to this code. (Ordinance adopting Code)

   ARTICLE 26.02 RESERVED

   ARTICLE 26.03 SUBDIVISION ORDINANCE*

   Sec. 26.03.001     Adopted

The comprehensive subdivision ordinance, Ordinance 06-117, adopted by the city on September 26, 2006, is included at the end of this chapter as exhibit A. Due to the nature of the subdivision ordinance and the technicalities involved in adopting or amending it, such ordinance is printed herein as enacted, with only nonsubstantive formatting and style changes. Capitalization, punctuation and numbering of articles, sections and subsections have been retained as enacted. Subsequent amendments will be inserted in their proper place and denoted by a history note following the amended provisions. The absence of a history note indicates the material is unchanged from the original. Obviously misspelled words have been corrected without notation. Any other material added for purposes of clarification is enclosed in brackets.

   EXHIBIT A

SUBDIVISION ORDINANCE NO. 06-117

OCTOBER 6, 2006

   Division I. GENERAL PROVISIONS
   Section 1.1:     Authority; Extension to Extraterritorial Jurisdiction

a.     Authority. This Ordinance is adopted under the authority of the Constitution and laws of the State of Texas, including Chapter 212, Texas Local Government Code, being adopted after a public hearing on the matter held on September 26, 2006.

b.     Application in the ETJ. The following rules and regulations are hereby adopted as the Subdivision Ordinance of the City of Greenville, Texas, also referred to herein as “this Ordinance”. The City Council hereby extends the application of this Ordinance to the extraterritorial jurisdiction (ETJ) of the City of Greenville, as that area may exist from time to time. This Ordinance shall be applicable to the filing of plats and the subdivision of land, as that term is defined herein and in Chapter 212 of the Texas Local Government Code, within the corporate limits of the City of Greenville and its extraterritorial jurisdiction as they may be from time to time adjusted by annexation or disannexation. The City shall have all remedies and rights provided by said Chapter 212 with regard to the control and approval of subdivisions and plats both within the City and within its extraterritorial jurisdiction.

c.     Interlocal Agreement with Hunt County. The City has executed an interlocal cooperation agreement with Hunt County as authorized under Chapter 242 of the Texas Local Government Code. Hunt County has assigned the City its respective authority to approve subdivision plats in the City's ETJ. The agreement generally provides for the City to enforce its subdivision regulations, within the applicable areas of the ETJ. (For specific responsibilities, see the separate interlocal agreement.) This Subdivision Ordinance will therefore be enforced to the fullest extent possible in the ETJ as agreed upon with Hunt County.

   Section 1.2:     Interpretation and Purpose

a.     Minimum Requirements. In the interpretation and application of the provisions of this Ordinance, it is the intention of the City that the principles, standards and requirements provided for herein shall be minimum requirements for the platting and developing of subdivisions within the City of Greenville and its extraterritorial jurisdiction.

b.     The subdivision (i.e., platting) of land is the first step in the process of development. The distribution and relationship of residential, nonresidential and agricultural uses throughout the community, along with the system of improvements for thoroughfares, utilities, public facilities and community amenities, determine, in large measure, the quality of life enjoyed by the residents of the City.

1.     Health, safety, economy, amenities, environmental sensitivity, and convenience are all factors which influence and determine a community's quality of life and overall character. A community's quality of life is of the public interest. Consequently, the subdivision of land, as it affects a community's quality of life, is an activity where regulation is a valid function of municipal government.

2.     The regulations contained herein are intended to encourage the development of a quality municipal environment by establishing standards for the provision of adequate light, air, open space, stormwater drainage, transportation, public utilities and facilities, and other needs necessary for ensuring the creation and continuance of a healthy, attractive, safe and efficient community that provides for the conservation, enhancement and protection of its human and natural resources.

3.     Through the application of these regulations and procedures, the interests of the public, as well as those of public and private parties, both present and future, having interest in property affected by this Ordinance, are protected by the granting of certain rights and privileges. By establishing a fair and rational procedure for developing land, the requirements in this Ordinance further the possibility that land will be developed for its most beneficial use in accordance with existing social, economic and environmental conditions.

c.     Minimum standards for development are contained in the City of Greenville Standard Design Manual (also referred to herein as simply the Standard Design Manual), the Zoning Ordinance, the Building Code, applicable articles of the Code of Ordinances, and in this Ordinance. However, the Comprehensive Plan (including the Future Land Use Plan, Thoroughfare Plan, Parks Master Plan, other related plans, and amendments) contains policies designed to achieve an optimum quality of development in Greenville and its extraterritorial jurisdiction. If only the minimum standards are followed, as expressed by the various ordinances regulating land development, a standardization of development will occur. This will produce a monotonous municipal setting and physical environment within the community. Subdivision design shall be of a quality that will carry out the purpose and spirit of the policies expressed within the Comprehensive Plan and within this Ordinance, and shall be encouraged to exceed the minimum standards required herein.

   Section 1.3:     Application of Regulations

a.     No subdivision plat shall be recorded until a Final Plat, accurately describing the property to be conveyed, has been approved in accordance with this Ordinance and with other applicable City regulations (described in Subsection b. below). No building permit or floodplain permit shall be issued by the City for any parcel of land or plat until:

1.     A Final Plat has been approved in accordance with this Ordinance; and

2.     All improvements required by this Ordinance have been constructed and accepted by the City of Greenville; or

3.     Assurances for completion of improvements have been provided in accordance with Division VI of this Ordinance.

b.     Compliance with all City ordinances pertaining to the subdivision of land, and the Comprehensive Plan (as amended), shall be required prior to approval of any development application governed by this Ordinance. It is the developer's responsibility to be familiar with, and to comply with, City ordinances and the Comprehensive Plan (as amended). Applicable ordinances and other requirements include, but are not limited to, the following:

1.     Comprehensive Plan (as amended), which includes the Future Land Use Plan, Thoroughfare Plan, Park Master Plan, and all other associated maps and plans;

2.     Zoning Ordinance;

3.     Building Codes;

4.     Floodplain Management Ordinance;

5.     Fire Codes;

6.     The City of Greenville Standard Design Manual.

7.     Other Applicable Chapters of the City's Code of Ordinances.

   Section 1.4:     Adequate Public Facilities Policy

a.     Adequate Public Facilities Policy.

1.     Adequate Service for Areas Proposed for Development. Land proposed for development in the City and in the City's extraterritorial jurisdiction must be served adequately by essential public facilities and services, including water facilities, wastewater facilities, roadway and pedestrian facilities, drainage facilities and park facilities. Land shall not be approved for platting or development unless and until adequate public facilities necessary to serve the development exist or provision has been made for the facilities, whether the facilities are to be located within the property being developed or off site.

(a)     New development must be supported by adequate levels of public facilities and services.

(b)     It is necessary and desirable to provide for dedication of rights-of-way and easements for capital improvements to support new development at the earliest stage of the development process.

(c)     Requirements for dedication and construction of public infrastructure improvements to serve a proposed new development should be attached as conditions of approval of any development application that contains a specific layout of the development.

(d)     There is an essential nexus between the demand on public facilities systems created by a new development and the requirement to dedicate rights-of-way and easements and to construct capital improvements to offset such impacts.

(e)     The City desires to assure both that development impacts are mitigated through contributions of rights-of-way, easements and construction of capital improvements, and that a development project contributes not more than its proportionate share of such costs.

2.     Conformance to Plans. Proposed capital improvements serving new development shall conform to and be properly related to the public facilities elements of the City's adopted Master Plan, other adopted master plans for public facilities and services, and applicable capital improvements plans, and shall meet the service levels specified in such plans.

b.     Adequacy of Specific Facilities.

1.     Water. All lots, tracts or parcels on which development is proposed shall be connected to a public water system which has capacity to provide water for domestic use and emergency purposes, including adequate fire protection. Additional standards and requirements are defined in Section 3.9 and Section 5.8 of this Subdivision Ordinance.

2.     Wastewater. All lots, tracts or parcels on which development is proposed shall be served by an approved means of wastewater collection and treatment. The City Engineer shall be responsible for determining the approved means of wastewater collection and treatment. The City may require the phasing of development and/or improvements in order to maintain adequate wastewater capacity. Additional standards and requirements are defined in Section 3.9 and Section 5.8 of this Subdivision Ordinance.

3.     Roads. Proposed roads serving new development shall provide a safe, convenient and functional system for vehicular, bicycle and pedestrian circulation and shall be properly related to the applicable master thoroughfare plan and any amendments thereto, and shall be appropriate for the particular traffic characteristics of each proposed subdivision or development. New developments shall be supported by a thoroughfare network having adequate capacity, and safe and efficient traffic circulation. Each development shall have adequate access to the thoroughfare network. Additional standards and requirements are defined in Section 3.1 and Section 5.5 of this Subdivision Ordinance.

4.     Drainage. Drainage improvements serving new developments shall accommodate potential runoff from the entire upstream drainage area and shall be designed to prevent overloading the capacity of the downstream drainage system. The City may require the phasing of development, the use of control methods such as retention or detention, or the construction of off-site drainage improvements in order to mitigate the impacts of the proposed development. Additional standards and requirements are defined in Section 3.10 and Section 5.10 [sic] of this Subdivision Ordinance.

c.     City Options. In order to maintain prescribed levels of public facilities and services for the health, safety and general welfare of its citizens, the City may require the dedication of easements and rights-of-way for or construction of on-site or off-site public infrastructure improvements for water, wastewater, road, drainage or park facilities to serve a proposed development, or require the payment of fees in lieu thereof. If adequate levels of public facilities and services cannot be provided concurrent with the schedule of development proposed, the City may deny the development until the public facilities and services can be provided, or require that the development be phased so that the delivery of facilities and services coincides with the demands for the facilities created by the development. The City may impose any conditions relating the provision of public infrastructure specified by an ordinance establishing or amending the zoning for the property.

d.     Property Owner's Obligation.

1.     Dedication and Construction of Improvements. The property owner shall dedicate all rights-of-way and easements for, and shall construct capital improvements within the rights-of-way or easements for those water, wastewater, road or drainage improvements needed to adequately serve a proposed development consistent with the applicable master facilities plans, whether the facilities are located on, adjacent to or outside the boundaries of the property being developed.

2.     Adjacent Road Improvements. In the case of adjacent or abutting roads, the City may require that the entire right-of-way be dedicated and improved to City design standards, depending on factors such as the impact of the development on the road, the timing of development in relation to need for the road, and the likelihood that adjoining property will develop in a timely manner.

3.     Acquisition. Where a portion of a right-of-way or easement which is necessary to serve the development is not owned or controlled by the developer, the developer must make a reasonable effort to acquire or otherwise purchase the right-of-way or easement on behalf of the City.

(a)     A reasonable effort must include a fair offer to purchase the right-of-way or easement where the offer is equal to or greater than the appraised value of the property or easement to be acquired as determined in a written appraisal performed by a Texas Certified General Real Estate Appraiser.

(b)     If the property owner does not accept a fair offer within thirty (30) days, the developer may request in writing, on a form prepared by the City Attorney, that the City Council exercise available legal remedies to acquire the property. The City Council may take any action it deems appropriate in accordance with federal and state laws.

(c)     The developer must pay for any necessary appraisal, all acquisition costs, and all legal fees necessary to acquire the property.

4.     Substandard Road Improvements. Where an existing road that does not meet the City's right-of-way or design standards abuts a proposed development, the City may require the property owner to dedicate the right-of-way for a standard width, and to improve the street according to the dimensions and specifications in the applicable thoroughfare plan, depending on factors such as the impact of the development on the thoroughfare, the timing of development in relation to the need for the thoroughfare, and the likelihood that adjoining property will develop in a timely manner.

5.     Facilities Impact Studies. The City may require that a property owner prepare a comprehensive traffic impact study, drainage study or other public facilities study in order to assist the City in determining whether a proposed development will be supported with adequate levels of public facilities and services concurrent with the demand for the facilities created by the development. The study shall identify at a minimum the adequacy of existing facilities and the nature and extent of any deficiencies, and the capital improvements needed to meet the adopted level of service assuming development at the intensity proposed in the development application. The study shall be subject to approval by the City Engineer. The City also may require, at the time of approval of a subordinate development application, an update of a public facilities study approved in connection with a priority development application.

e.     Timing of Dedication and Construction.

1.     Initial Provision for Dedication or Construction. The City shall require an initial demonstration that a proposed development shall be adequately served by public facilities and services at the time for approval of the first development application that portrays a specific plan of development, including but not limited to a petition for establishing a planned development zoning district, or other overlay zoning district; a petition for an annexation agreement or a development agreement; an application for a cluster development plan; an application for a Preliminary or Final Subdivision Plat, or a Preliminary or Final development plat. As a condition of approval of the development application, the City may require provision for dedication of rights-of-way or easements for, and construction of, capital improvements to serve the proposed development.

2.     Deferral of Obligation. The obligation to dedicate rights-of-way for or to construct one or more capital improvements to serve a new development may be deferred until approval of a subsequent phase of the subdivision, at the sole discretion of the City Engineer, upon written request of the property owner, or at the City's own initiative. As a condition of deferring the obligation, the City may require that the developer enter into a Subdivision Improvement Agreement, specifying the time for dedication of rights-of-way for or construction of capital improvements serving the development.

   Section 1.4.5:     Standard Design Manual

a.     The City Engineer is hereby authorized and directed to promulgate rules, regulations, criteria, standards, specifications and construction drawings for the location, arrangement, design, construction, and installation of streets, curbs, street lights, street paving, street signs, alleys, driveways, parking lots, utility layouts, utility easements, access easements, sidewalks, water supply and water distribution systems, fire hydrants, sewage collection and sewage disposal systems, monuments, drainage easements, drainage facilities and structures, storm sewer facilities, stormwater detention facilities, crosswalk ways, screening walls/fences, retaining walls, and any other similar type of public or site improvement required or regulated under this ordinance.

b.     The collection of rules, regulations, criteria, standards, specifications, and construction drawings promulgated under the authority of this ordinance, a previous ordinance, or other existing ordinance, shall be known as the Standard Design Manual and shall be adopted herein by reference. The City Engineer shall have the authority to determine whether or not the engineering plans for any type of site or public improvement are in conformance with the City's Standard Design Manual.

c.     Consistent with the authority outlined in paragraph (a), the City Engineer may amend the Standard Design Manual from time to time, provided that an amendment must be filed with the City Secretary at least ten (10) days before it becomes effective.

   Section 1.5:     Jurisdiction

a.     The provisions of this Ordinance shall apply to the following forms of land subdivision and development activity within the City's limits and its extraterritorial jurisdiction:

1.     The division of land into two (2) or more tracts, lots, sites or parcels; or

2.     All subdivisions of land whether by metes and bounds division or by plat, which were outside the jurisdiction of the City's subdivision regulations in Hunt County, Texas and which subsequently came within the jurisdiction of the City's subdivision regulations through:

(a)     Annexation; or

(b)     Extension of the City's extraterritorial jurisdiction; or

3.     The combining of two (2) or more contiguous tracts, lots, sites or parcels for the purpose of creating one (1) or more legal lots in order to achieve a more developable site, except as otherwise provided herein; or

4.     When a building permit is required for the following uses:

(a)     Residential single-family or two-family:

(1)     Construction of a new single-family or two-family dwelling unit(s); or

(2)     Additions, that increase the square footage of an existing single family or two-family home by more than fifty percent (50%) of its gross floor area; or

(3)     Moving of a primary structure or a main building onto a piece of property; or

(b)     Nonresidential and multiple-family:

(1)     Construction of a new nonresidential or multiple-family structure; or

(2)     Additions, that increase the square footage of an existing building by more than twenty percent (20%) of its gross floor area; or

(3)     Moving a primary structure onto a piece of property; or

5.     For tracts where any public improvements are proposed; or

6.     Whenever a property owner proposes to divide land lying within the City or its extraterritorial jurisdiction into two (2) or more tracts, and claims exemption from Subchapter A of Chapter 212 of the Texas Local Government Code for purposes of development, that results in parcels or lots all greater than five (5) acres in size; in the event that development of any such tract is intended, and where no public improvement is proposed to be dedicated, the property owner shall first obtain approval of a Development Plat that meets the requirements of Texas Local Government Code Chapter 212, Subchapter B, Regulation of Property Development, Sections 212.041 through 212.050, as may be amended. (See Section 2.6 of this Ordinance for requirements for Development Plats.)

   Section 1.6:     Exemptions

a.     The provisions of this Ordinance shall not apply to the following:

1.     Development of land legally platted and approved prior to the effective date of this Ordinance, except as otherwise provided for herein (construction of facilities and structures shall conform to design and construction standards in effect at the time of construction) and for which no resubdivision is sought; or

2.     Existing cemeteries complying with all State and local laws and regulations; or

3.     Divisions of land created by order of a court of competent jurisdiction; or

4.     When a permit is requested for unplatted or already platted parcels for one or more of the following activities:

(a)     Additions, that increase the square footage of an existing single family or two family home by not more than fifty percent (50%) of its gross floor area;

(b)     Additions, that increase the square footage of an existing multiple-family or nonresidential building by not more than twenty percent (20%) of its gross floor area; or

(c)     Agricultural Accessory buildings and Residential Accessory Buildings (as defined in the Zoning Ordinance);

(d)     Remodeling or repair which involves no expansion of square footage; or

(e)     Moving a structure off a lot or parcel, or for demolition permits.

(f)     Construction of a structure or building in the ETJ, and no land is being subdivided.

   Section 1.7:     Pending Applications

a.     All applications for plat approval, including Final Plats, that are pending on the effective date of this Ordinance and which have not lapsed shall be reviewed under the regulations in effect immediately preceding the effective date of this Ordinance.

   Section 1.8:     Determination of Vested Rights

a.     Vested Rights Provision.

1.     Purpose. The purpose of a vested rights petition is to determine whether one or more standards of these Subdivision Regulations should not be applied to a preliminary or final plat application by operation of state law, or whether certain plats are subject to expiration.

2.     Applicability. A vested rights petition may be filed with an application for a preliminary or final plat application. A vested rights petition also may be filed to prevent expiration of certain plats pursuant to Section 2.1.

3.     Effect. Upon granting of a vested rights petition in whole or in part, the plat application shall be decided in accordance with the standards specified in the relief order based on prior subdivision requirements or development standards, or the approved plat otherwise subject to expiration shall be extended.

b.     Petition Requirements.

1.     Who May Petition. A vested rights petition may be filed by a property owner or the owner's authorized agents, including the applicant, with a Preliminary or Final Plat application, or by the holder of a plat subject to expiration pursuant to Section 2.1.

2.     Form of Petition. The vested rights petition shall allege that the petitioner has a vested right for some or all of the land subject to the plat application under Texas Local Government Code, Chapter 245 or successor statute, or pursuant to Texas Local Government Code, Section 43.002 or successor statute, that requires the City to review and decide the application under standards in effect prior to the effective date of the currently applicable standards. The petition shall include the following information and documents:

(a)     A narrative description of the grounds for the petition;

(b)     A copy of each approved or pending development application which is the basis for the contention that the City may not apply current standards to the plat application which is the subject of the petition;

(c)     The date of submittal of the plat application, or of a development plan pursuant to which the plat was subsequently filed, if different from the official filing date established under Section 2.1.

(d)     The date the project for which the application for the plat was submitted was commenced.

(e)     Identification of all standards otherwise applicable to the plat application from which relief is sought;

(f)     Identification of the standards which the petitioner contends apply to the plat application;

(g)     Identification of any current standards which petitioner agrees can be applied to the plat application at issue;

(h)     A copy of any prior vested rights determination by the City involving the same land; and

[(i)     Reserved]

(j)     Where the petitioner alleges that a plat subject to expiration under Section 2.1 should not be terminated, a description of the events, including any plat or other development applications on file, that should prevent such termination.

3.     Time for Filing Petition. A vested rights petition shall be filed with a plat application for which a vested right is claimed, except that the petition may be filed before the date of expiration of a plat subject to expiration under Section 2.1.

c.     Processing of Petition and Decision.

1.     Responsible Official. The responsible official shall process the vested rights petition. A copy of the petition shall be forwarded to the City Attorney following acceptance.

2.     Decision by Commission on Petition. The Commission shall render a decision on the vested rights petition in conjunction with its decision on the plat application, based upon the report and recommendation of the responsible official.

3.     Appeal of Decision on Petition. The petitioner or any interested person may appeal the Commission's decision on the vested rights petition within ten (10) working days of the date of such decision to the City Council. An appeal under this Subsection stays acceptance of filing of any related development applications.

4.     Decision by City Council. The City Council on appeal shall decide the vested rights petition. The request must be accompanied by a waiver of the time for decision on the plat application imposed under this Subdivision Ordinance pending decision by the Council, which shall stay further proceedings on the application. The Council shall decide the petition, after considering the responsible official's report and the decision by the Planning and Zoning Commission within thirty (30) calendar days of receipt of the notice of appeal.

d.     Action on Petition and Order.

1.     Action on the Petition. The decision-maker on the vested rights petition may take any of the following actions:

(a)     Deny the relief requested in the petition, and direct that the plat application shall be reviewed and decided under currently applicable standards;

(b)     Grant the relief requested in the petition, and direct that the plat application shall be reviewed and decided in accordance with the standards contained in identified prior subdivision regulations; or

(c)     Grant the relief requested in part, and direct that certain identified current standards shall be applied to the plat application, while standards contained in identified prior subdivision regulations also shall be applied; or

(d)     For petitions filed pursuant to Section 2.1, determine whether the approved plat should be terminated, or specify the expiration date or the conditions of expiration for such plat.

2.     Order on the Petition. The responsible official's report and each decision on the vested rights petition shall be memorialized in an order identifying the following:

(a)     The nature of the relief granted, if any;

(b)     The approved or filed plat application(s) or other development application(s) upon which relief is premised under the petition;

(c)     Current standards which shall apply to the plat application for which relief is sought;

(d)     Prior standards which shall apply to the plat application for which relief is sought, including any procedural standards;

(e)     The statutory exception or other grounds upon which relief is denied in whole or in part on the petition;

(f)     For petitions filed pursuant to Section 2.1, determine whether the approved plat should be terminated, and specify the expiration date or the conditions of expiration for the plat.

e.     Criteria for Approval. The decision-maker shall decide the vested rights petition based upon the following factors:

1.     The nature and extent of prior plat or other development applications filed or approved for the land subject to the petition;

2.     Whether any prior vested rights determinations have been made with respect to the property subject to the petition;

3.     Whether any prior approved applications for the property have expired or have been terminated in accordance with law;

4.     Whether any statutory exception applies to the standards in the current Subdivision Ordinance from which the applicant seeks relief;

5.     Whether any prior approved plat or other development applications relied upon by the petitioner have expired;

6.     For petitions filed pursuant to Section 2.1, whether any of the events preventing expiration have occurred.

f.     Application Following Relief Order. Following the City's final decision on the vested rights petition, the property owner shall conform the plat application for which relief is sought to such decision. If the plat application on file is consistent with the relief granted on the vested rights petition, no revisions are necessary. Where proceedings have been stayed on the plat application pending referral of the vested rights petition to the City Council, proceedings on the application shall resume after the Council's decision on the vested rights petition.

g.     Expiration. Relief granted on a vested rights petition shall expire on occurrence of one (1) of the following events:

1.     The petitioner or property owner fails to submit a required revised plat application consistent with the relief granted within thirty (30) days of the final decision on the petition;

2.     The plat application for which relief was granted on the vested rights petition is denied under the criteria made applicable through the relief granted on the petition; or

3.     The plat application for which relief was granted on the vested rights petition expires.

   Section 1.9:     Interpretation; Conflict; Severability

a.     Interpretation. In their interpretation and application, the provisions of the regulations contained in this Ordinance shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare. These regulations shall be construed broadly to promote the purposes for which they are adopted.

b.     Conflict With Other Laws. These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute or other provision of law except as provided in this Ordinance. To the extent that this Ordinance promulgates standards or imposes restrictions or duties which differ from those imposed by other City ordinances, rules or regulations, the regulations contained within this Ordinance shall supersede such other provisions to the extent of any conflict or inconsistency.

c.     Severability. If any part or provision of this Ordinance, or the application of this Ordinance to any person or circumstance, is adjudged invalid by any court of competent jurisdiction, the judgment shall be confined in its operation to the part, provision, or application directly involved in the controversy in which the judgment shall be rendered, and it shall not affect or impair the validity of the remainder of these regulations or the application of them to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of these regulations even without any such part, provision, or application which is judged to be invalid.

   Section 1.10:     Saving Provision

a.     This Ordinance shall not be construed as abating any action now pending under, or by virtue of, prior existing subdivision regulations, or as discontinuing, abating, modifying or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the City under any section or provision existing at the time of adoption of this Ordinance, or as vacating or annulling any rights obtained by any person, firm or corporation, by lawful action of the City except as shall be expressly provided in this Ordinance.

   Section 1.11:     Waivers/Suspensions

a.     General. Where the City Council finds that undue hardships will result from strict compliance with a certain provision(s) of this Ordinance, or where the purposes of these regulations may be served to a greater extent by an alternative proposal, the City Council may approve a waiver/suspension from any portion of these regulations so that substantial justice may be done and the public interest is secured, provided that the waiver/suspension shall not have the effect of nullifying the intent and purpose of these regulations, and further provided that the City Council shall not approve a waiver/suspension unless it shall make findings based upon the evidence presented to it in each specific case that:

1.     Granting the waiver/suspension will not be detrimental to the public safety, health or welfare, and will not be injurious to other property or to the owners of other property, and the waiver/suspension will not prevent the orderly subdivision of other property in the vicinity;

2.     The conditions upon which the request for a waiver/suspension is based are unique to the property for which the waiver/suspension is sought, and are not applicable generally to other property;

3.     Because of the particular physical surroundings, shape and/or topographical conditions of the specific property involved, a particular hardship to the property owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out;

4.     The waiver/suspension will not in any manner vary the provisions of the Zoning Ordinance, Comprehensive Plan (as amended), or any other adopted plan(s) or ordinance(s) of the City;

5.     An alternate design will generally achieve the same result or intent as the standards and regulations prescribed herein.

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 a waiver/suspension is considered.

b.     Procedures:

1.     A petition for a waiver/suspension shall be submitted in writing to the Community Development Department by the property owner before the plat is submitted for the consideration of the Planning & Zoning Commission. The petition shall state fully the grounds for the application, and all of the facts relied upon by the petitioner.

2.     All waivers/suspensions shall be considered by the Planning & Zoning Commission. The Planning & Zoning Commission shall recommend that the City Council either approve or deny the waiver/suspension.

3.     All waivers/suspensions shall have final approval or disapproval by the City Council.

c.     Criteria for Waivers/Suspensions from Development Exactions. Where the City Council finds that the imposition of any development exaction pursuant to these regulations exceeds reasonable benefit to the property owner, or is so excessive as to constitute confiscation of the tract to be platted, it may approve a full or partial, at its discretion, waiver/suspension to such requirements, so as to prevent such excess.

d.     Criteria for Waivers/Suspensions for Street Exactions. Where the City Council finds that the imposition of any dedication or construction requirement for streets pursuant to these regulations exceeds reasonable benefit to the property to be platted, it may approve waivers/suspensions for such requirements so as to prevent such excess. In order to qualify for a waiver/suspension under this Section, the property owner shall demonstrate that the costs of right-of-way dedication and construction of streets other than streets classified as local streets imposed pursuant to these regulations substantially exceeds the proportionality standards as outlined in Section 1.12.

e.     Conditions on Approved Waiver/Suspension. In approving a waiver/suspension, the City Council may require such conditions as will, in its judgment, secure substantially the purposes described in Section 1.2.

   Section 1.12:     Proportionality Appeal

a.     Definitions. For the purposes of this Section:

1.     Public infrastructure improvement means a water, wastewater, street, drainage or park facility that is a part of one or more of the City's public facilities systems.

2.     Public facilities system means the collection of water, wastewater, street, drainage or park facilities owned or operated by or in behalf of the City for the purpose of providing services to the public, including existing and new developments.

b.     Purpose, Applicability & Effect.

1.     Purpose. The purpose of a proportionality appeal is to assure that a requirement to dedicate, construct or pay a fee for a public infrastructure improvement imposed on a proposed plat as a condition of approval does not result in a disproportionate cost burden on the property owner, taking into consideration the nature and extent of the demands created by the proposed development on the City's public facilities systems.

2.     Applicability. An appeal under this Section may be filed by a property owner to contest any requirement to dedicate land, to construct improvements or to pay development fees, other than impact fees, for a public infrastructure improvement, which requirement is imposed under the City's Subdivision Ordinance to a plat application pursuant to Division II of this Subdivision Ordinance, whether the requirement is applicable under uniform standards, or is imposed pursuant to an individual evaluation of the proposed subdivision.

c.     Proportionality Determination by City Engineer. Prior to a decision by the Planning and Zoning Commission on a Preliminary Plat application, or if no Preliminary Plat application is required, on a Final Plat application, filed under Section 2.4, the City Engineer (who for this subsection must be a licensed professional engineer) shall prepare a report affirming that each public infrastructure improvement to be imposed as a condition of plat approval is roughly proportionate to the demand created by the development on the City's public facilities systems, taking into consideration the nature and extent of the development proposed.

1.     In making his proportionality determination, the City Engineer may rely upon categorical findings pertaining to on-site improvements; the proposed or potential use of the land; the timing and sequence of development in relation to availability of adequate levels of public facilities; impact fee studies or other studies that measure the demand for services created by the development and the impact on the City's public facilities systems; the function of the public infrastructure improvements in serving the proposed development; the degree to which public infrastructure improvements to serve the subdivision are supplied by other developments; the anticipated participation by the City in the costs of such improvements; any reimbursements for the costs of public infrastructure improvements for which the proposed development is eligible; or any other information relating to the mitigating effects of the public infrastructure improvements on the impacts created by the development on the City's public facilities systems.

2.     Based upon his proportionality determination, the City Engineer shall affirm that the public infrastructure improvement requirements of the Subdivision Regulations do not impose costs on the developer for such improvements that exceed those roughly proportionate to those incurred by the City in providing public facilities to serve the development.

3.     The City Engineer may promulgate any application requirements that may assist in making the proportionality determination required by this Subsection.

d.     Commission Determination. The City Planning and Zoning Commission shall take into account the City's Engineer's report concerning the proportionality of public infrastructure improvement requirements to be applied to a proposed preliminary or Final Plat application, as the case may be, in making its decision on the plat application, and shall identify any variation to the requirements that are to be included as conditions to plat approval.

e.     Appeals.

1.     Who May Appeal. An appeal to the City Council under this Section may be filed by a property owner or the applicant for a Preliminary or Final Plat, in which a requirement to dedicate land for, construct or pay a fee, other than an impact fee, for a public infrastructure improvement has been applied or attached as a condition of approval, or as grounds for denying the plat application.

2.     Time for Filing and Request for Extension of Time. The appeal shall be filed in writing within ten (10) days of the date the Planning and Zoning Commission takes action applying the public infrastructure improvement requirement to the plat application. The appeal shall be filed with the Community Development Director and shall be forwarded to the City Council for consideration in conjunction with its deliberations on the plat application. The applicant may request postponement of consideration of the plat application by the City Council pending preparation of the study required by Subsection 4 below, in which case the applicant shall also waive the statutory period for deciding plats for the time needed to decide the appeal by the City Council.

3.     Form of Appeal. An appeal under this section shall allege that application of the standard or the imposition of conditions relating to the dedication, construction or fee requirement is not roughly proportional to the nature and extent of the impacts created by the proposed development on the City's public facilities systems, or does not reasonably benefit the proposed development.

4.     Study Required. The appellant shall provide a study in support of the appeal that includes the following information within thirty (30) days of the date of appeal, unless a longer time is requested:

(a)     Total capacity of the City's water, wastewater, street, drainage or park system to be utilized by the proposed development, employing standard measures of capacity and equivalency tables relating the type of development proposed to the quantity of system capacity to be consumed by the development. If the proposed development is to be developed in phases, such information also shall be provided for the entire development proposed, including any phases already developed.

(b)     Total capacity to be supplied to the City's water, wastewater, street, drainage or park facilities system by the dedication of an interest in land, construction of improvements or fee contribution. If the plat application is proposed as a phased development, the information shall include any capacity supplied by prior dedication, construction or fee payments.

(c)     Comparison of the capacity of the City's public facilities system(s) to be consumed by the proposed development with the capacity to be supplied to such system(s) by the proposed dedication of an interest in land, construction of improvements, or fee payment. In making this comparison, the impacts on the City's public facilities system(s) from the entire development shall be considered.

(d)     The amount of any City participation in the costs of oversizing the public infrastructure improvement to be constructed in accordance with the City's requirements.

(e)     Any other information that shows the alleged disproportionality between the impacts created by the proposed development and the dedication, construction or fee requirement imposed by the City.

f.     Land in Extraterritorial Jurisdiction. Where the subdivision or the public infrastructure improvements are located in the extraterritorial jurisdiction of the City and are to be dedicated to a county under an interlocal agreement under Tex. Loc. Gov't Code Chapter 242, an appeal or study in support of the appeal shall not be accepted as complete for filing by the Community Development Director unless the appeal or study is accompanied by verification that a copy has been delivered to Hunt County (i.e., the county in which the facilities are to be located).

g.     Decision. The City Council shall decide the appeal in conjunction with its decision on the plat application. The Council shall base its decision on the criteria listed in Subsection h below, and may take one of the following actions.

1.     Deny the appeal, and impose the standard or condition on the plat application in accordance with the City Engineer's recommendation or the Planning and Zoning Commission's decision on the plat; or

2.     Deny the appeal, upon finding that the proposed dedication, construction or fee requirements are inadequate to offset the impacts of the subdivision on the public facilities system for water, wastewater, street, drainage or park improvements, and either deny the plat application or require that additional public infrastructure improvements be made as a condition of approval of the application; or

3.     Grant the appeal, and waive in whole or in part any dedication, construction or fee requirement for public infrastructure improvements to the extent necessary to achieve proportionality; or

4.     Grant the appeal, and direct that the City participate in the costs of acquiring land for or constructing the public infrastructure improvement under standard participation policies.

h.     Criteria for Approval. In deciding an appeal under this Section, the City Council shall determine whether the application of the standard or condition requiring dedication of an interest in land for, construction of, or payment of a fee for public infrastructure improvements is roughly proportional to the nature and extent of the impacts created by the proposed subdivision on the City's public facilities systems for water, wastewater, street, drainage or park facilities, and reasonably benefits the development. In making such determination, the Council shall consider the evidence submitted by the appellant, the City Engineer's report and recommendation, considering in particular the factors identified in Subsection c above, and, where the property is located within the City's extraterritorial jurisdiction, any recommendations from the county.

i.     Action Following Decision. If the relief requested under the proportionality appeal is granted in whole or in part by the City Council, the dedication, construction or fee requirement initially imposed by the Planning and Zoning Commission as a condition of plat approval shall be modified accordingly, and the standards applied or the conditions attached to Commission's approval of the plat application shall be conformed to the relief granted. Thereafter, the appellant shall resubmit the plat application to the City Council within ninety (90) days of the date relief under the appeal is granted, in whole or in part, showing conformity with the City Council's decision on the appeal.

j.     Expiration of Relief. If an applicant for plat approval prevails on a proportionality appeal, but fails to conform the plat to the relief granted by the City Council with the ninety-day (90-day) period provided, the relief granted by the City Council on the appeal shall expire.

1.     The Council may extend the time for filing the revised plat application for good cause shown, but in any event, the expiration date for the relief granted shall not be extended beyond one year from the date relief was granted on the appeal.

2.     If the plat application is modified to increase the number of residential units or the intensity of nonresidential uses, the responsible official may require a new study to validate the relief granted by the City Council.

3.     If the plat application for which relief was granted is denied on other grounds, a new petition for relief shall be required on any subsequent application.

   Section 1.13:     Payment of All Indebtedness Attributable to a Specific Property

a.     No person who owes delinquent taxes, delinquent paving assessments, delinquent fees, or any other delinquent debts or obligations to the City of Greenville, and which are directly attributable to a piece of property, shall be allowed to receive approval for any plat or Replat until the taxes, assessments, debts or obligations directly attributable to said property and owed by the property owner or a previous owner thereof shall have been first fully discharged by payment, or until an arrangement satisfactory to the Community Development Department has been made for the payment of such debts or obligations. It shall be the applicant's responsibility to provide evidence or proof that all taxes, assessments, debts or obligations have been paid at the time of submission for any application for approval under this Ordinance. A tax certificate shall also be provided as required by Section 12.002 of the Texas Property Code.

   Section 1.14:     Right to Deny Hearing and Plat

a.     The City may deny a hearing and any approval pursuant to this Ordinance if the applicant does not submit the information and fees required by this Ordinance.

   Section 1.15:     Misrepresentation of Facts

a.     It shall be a violation of this Ordinance for any person to knowingly or willfully misrepresent, or fail to include, any information required by this Ordinance in any plat application or during any public hearing or meeting of the Planning & Zoning Commission (or City Council, as applicable). Such a violation shall constitute grounds for denial of the plat.

   Section 1.16:     Definitions

a.     For the purpose of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense shall include the future tense; words in the plural number shall include the singular number (and vice versa); and words in the masculine gender shall include the feminine gender (and vice versa). When words and terms are defined herein, and are also defined in another City ordinance, they shall be read in harmony unless there exists an irreconcilable conflict, in which case the definition contained in this ordinance shall control. Definitions not expressly prescribed herein are to be determined in accordance with customary usage in municipal planning and engineering practices. If no such customary usage exists, the definition found within the latest edition of Webster's Dictionary shall be used. The word “shall” is always mandatory, while the word “may” is merely directory.

1.     Addition. A lot, tract or parcel of land lying within the corporate boundaries or extraterritorial jurisdiction of the City which is intended for the purpose of subdivision or development.

2.     Administrative Officers or Officials. Any officer of the City referred to in this Ordinance by title – including but not limited to the Community Development Director, City Engineer, City Secretary, Fire Chief, Police Chief, Public Works Official and Chief Building Official – shall be the person so retained in that position by the City, or his or her duly authorized representative. This definition shall also include civil engineering, planning, legal, financial, traffic engineering and other consultants retained by the City to supplement or support existing City staff.

3.     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 that derive primary access from a street. The length of an alley segment is to be measured from the right-of-way lines of the streets from which the alley is provided access, or from the centerpoint of an intersection with another alley which connects to a street.

4.     Amended or Amending Plat. A revised plat correcting errors or making minor changes to a recorded plat pursuant to Section 212.016 of the Texas Local Government Code.

5.     Amenity. An improvement to be dedicated to the public or to the common ownership of the lot owners of the subdivision and providing an aesthetic, recreational or other benefit, other than those prescribed by this Ordinance.

6.     Applicant. A person or entity who submits an application for an approval required by this Ordinance. Also sometimes referred to as “owner”, “owner's agent”, “developer”, “subdivider”, or other similar term.

7.     Application. A written request for an approval required by this Ordinance.

8.     Assurance. Any form of a security that is submitted to the City for the purposes of ensuring that adequate monies are available for the construction of improvements in relation to an approved plat and approved construction plans.

9.     Base Flood. The flood having a one percent (1%) chance of being equaled or exceeded in any given year.

10.     Block Length or Street Length. For a residential subdivision, that distance measured along the centerline of the street from the intersection centerpoint of one through street to the intersecting centerpoint of another street, or to the midpoint of a cul-de-sac. The through street referred to above shall not be a cul-de-sac, a dead-end street, or a looped street, but shall be a street which clearly has two points of ingress from two different directions.

11.     Bond. Any form of a surety bond in an amount and form satisfactory to the City.

12.     Building Setback Line. The line within a property defining the minimum horizontal distance between a building or other structure and the adjacent street right-of-way line, property line, a creek, or some other specific feature.

13.     Capital Improvements Program (CIP). The official proposed schedule, if any, of all future public projects listed together with cost estimates and the anticipated means of financing each project, as adopted by City Council.

14.     City. The City of Greenville, Texas.

15.     City Attorney. The term “City Attorney” shall apply only to such attorney, or firm of attorney, that has been specifically employed by the City to assist in legal matters. This term shall also apply if the City retains a person to perform the functions of City Attorney as an official City employee.

16.     City Council. The duly elected governing body of the City of Greenville, Texas.

17.     City Engineer. The term “City Engineer” shall apply to such licensed professional engineer, or firm of licensed professional consulting engineers, that has been specifically employed by the City to assist in engineering-related matters. This term shall also apply to a City official authorized by the City Manager to perform the functions of City Engineer (as described in this Subdivision Ordinance) weather [whether] or not licensed as a professional engineer.

18.     City Manager. The person holding the position of the City's chief executive officer (e.g., City Manager), as appointed by the City Council.

19.     Commission. The Planning & Zoning Commission of the City.

20.     Comprehensive Plan. The phrase “Comprehensive Plan” shall mean the Comprehensive Plan of the City and adjoining areas as adopted by the City Council, including all its revisions and Plan elements (including, but not limited to, the Future Land Use Plan, Thoroughfare Plan, Parks Master Plan, etc.). This Plan indicates the general locations recommended for various land uses, transportation routes, public and private buildings, streets, parks, water and wastewater facilities, and other public and private developments and improvements.

21.     Community Development Department. The term “Community Development Department” shall refer to the City's department, and related employees, that has been specifically created and maintained by the City to assist in planning- and zoning-related matters. This term shall also apply to any official City employee in the Community Development Department, including any practicing, professional land planner, administrative support, and/or firm of professional land planners.

22.     Contiguous. Lots are contiguous when at least one boundary line or point of one lot touches a boundary line, or lines, or point of another lot.

23.     Cul-De-Sac. A street having only one outlet to another street, and terminated on the opposite end by a vehicular turnaround or “bulb”. The length of a cul-de-sac is to be measured from the intersection centerpoint of the adjoining through street to the midpoint of the cul-de-sac bulb.

24.     Curvilinear Street. A street that is not straight and that intersects other streets at an angle that is less than or greater than ninety degrees (90º, i.e., a right angle); a street that follows the topography or curvature of the land.

25.     Dead-End Street. A street, other than a cul-de-sac, with only one outlet.

26.     Development Plat. A plat that is in accordance with Sections 212.041 through 212.050, as amended, of the Texas Local Government Code.

27.     Easement. The word “easement” shall mean an area for restricted use on private property upon which the City or a franchised utility shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs and other improvements or growths which in any way endanger or interfere with the construction, maintenance or efficiency of its respective systems within said easements.

28.     Engineer. A person duly authorized and licensed under the provisions of the Texas Engineering Registration Act to practice the profession of engineering.

29.     Engineering Plans or Drawings. The maps or drawings accompanying a plat and showing the specific location and design of public improvements to be installed in the subdivision in accordance with the requirements of the City as a condition of approval of the plat.

30.     Escrow. A deposit of cash with the City in accordance with this Ordinance.

31.     FEMA. The Federal Emergency Management Agency of the U.S. government.

32.     Filing Date: The date upon which when [sic] a submitted application is deemed completed, with all necessary forms, fees, plans, information and copies submitted to the City in accordance with the City's application requirements for the purposes of a development application. The filing date is not necessarily the same as the submission date (see Submission Date).

33.     Final Plat (also “Record Plat” or “As-Built 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 Registered Professional Land Surveyor (RPLS), with the subdivision location referenced to a survey corner, and with all boundaries, corners and curves of the land division sufficiently described so that they can be reproduced without additional references. An Amending Plat is also a Final Plat.

34.     Governing Body. The City Council of the City of Greenville.

35.     Improvement or Developer Agreement. A contract entered into by the applicant and the City, by which the applicant promises to complete the required public improvements within the subdivision or addition within a specified time period following Final Plat approval.

36.     Land Planner. Persons, including Registered Professional Land Surveyors (RPLS) or engineers, who possess and can demonstrate a valid proficiency in the planning of residential, nonresidential and other related developments, such proficiency often having been acquired by education in the field of landscape architecture or other specialized planning curriculum, or by actual experience and practice in the field of land planning, and who may be certified as a member of the American Institute of Certified Planners (AICP).

37.     Lot (also Lot of Record). A divided or undivided tract or parcel of land having frontage on a public or private street or other form of approved public or private access, and which is, or which may in the future 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 subdivision plat which has been properly filed of record at the County.

38.     Major Plat. Any plat not classified as a Minor Plat, including but not limited to subdivisions of more than four (4) lots, or any plat that requires the construction of a new street (or portion thereof) or the extension of a municipal facility as required by this or any other City ordinance.

39.     Major Subdivision. This is the same as a “Major Plat”.

40.     Minor Plat. A subdivision resulting in four (4) or fewer lots, provided that the plat does not create any new street nor the extension of any municipal facilities to serve any lot within the subdivision.

41.     Minor Subdivision. This is the same as a “Minor Plat”.

42.     On-Site Facilities or Improvements. These are the existing or proposed facilities or improvements constructed within the property boundaries of the plat, and the existing or proposed facilities required to be constructed or improved immediately adjacent to the property that are needed to serve the development. Facilities and improvements include, but are not limited to, streets, alleys, water lines, sewer lines, storm drainage facilities, sidewalks, screening devices, and curbs and gutters.

43.     Off-Site Facilities or Improvements. These are the facilities or improvements that are required to serve the site but that are not located within the boundaries of the plat, and are not required to be constructed or improved immediately adjacent to the property to serve the development. These include oversizing for streets, sewer lines, water lines and storm drainage facilities, as well as the excess capacity of facilities such as water storage tanks and wastewater treatment plants available for new development.

44.     Overlength Street (or Alley). A street segment, or a cul-de-sac or alley segment, which exceeds the maximum length allowed by this Ordinance, as measured along the centerline of the street from the intersection centerpoint of one (1) through street, which shall not be a cul-de-sac or dead-end or looped street, to the intersecting centerpoint of another through street or, in the case of a cul-de-sac, to the midpoint of the cul-de-sac. For an alley segment, the measurement shall be to the right-of-way lines of the streets from which the alley is provided access, including any alley turnouts, or from the centerpoint of an intersection with another alley which connects to a street.

45.     Pavement Width. The portion of a street that is available for vehicular traffic. Where curbs are used, it is the portion from the back of curb to the back of curb.

46.     PE. Acronym for Professional Engineer.

47.     Perimeter Street. Any existing or planned street which is adjacent to the subdivision or addition to be platted.

48.     Person. Any individual, association, firm, corporation, governmental agency, political subdivision, or legal entity of any kind.

49.     Planning & Zoning Commission. The Planning & Zoning Commission of the City of Greenville, Texas.

50.     Plat. This means a Preliminary Plat, Final Plat, Development Plat, Amending Plat or Replat, as determined by the context.

51.     Preliminary Plat. The graphic expression of the proposed overall plan for subdividing, improving and developing a tract, showing in plan [plain] view the proposed street and lot layout, easements, dedications and other pertinent features, with such notations as are sufficient to substantially identify the general scope and detail of the proposed development. Engineering plans for public improvements are submitted along with the Preliminary Plat.

52.     Private Street. A private vehicular access way, including an alley, that is shared by and that serves two or more lots, which is not dedicated to the public, and which is not publicly maintained.

53.     Property Owner (may also be known as “Subdivider” or “Developer”). Any person or firm, association, syndicate, general or limited partnership, corporation, trust or other legal entity, or any agent thereof, that has sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this Ordinance. In any event, the term “property owner” shall be restricted to include only the owner(s) or authorized agent(s) of such owner(s), such as a developer, of land sought to be subdivided.

54.     Public Improvements. Facilities, infrastructure and other appurtenances, typically owned and maintained by the City (but not necessarily located upon City-owned property or right-of-way – public improvements can be located upon private property in a public easement), which serve a public purpose in providing a needed service or commodity, such as wastewater collection and treatment and water storage and distribution, and which protect the general health, safety, welfare and convenience of the City's citizens, including efficiency in traffic circulation and access for emergency services. The term “public improvements” shall not include facilities or infrastructure of private providers of utility services other than water and wastewater, but shall be deemed to include facilities and infrastructure that the City would normally require of a development but which will be owned and maintained by an entity such as a homeowners association, as in the case of private streets.

55.     Replatting or Replat. The resubdivision of any part or all of a block or blocks of a previously platted subdivision, addition, lot or tract.

56.     Review. A term that is construed to mean “to read, analyze, assess and act upon” a development application.

57.     Right-of-Way. A parcel of land occupied, or intended to be occupied, by a street or alley. Where appropriate, “right-of-way” may include other facilities and utilities such as sidewalks; railroad crossings; electrical, communication, oil and gas facilities, water and sanitary and storm sewer facilities; and any other special use. The use of right-of-way shall also include parkways and medians outside of the paved portion of the street. The usage of the term “right-of-way” for land platting purposes shall mean that every right-of-way hereafter established and shown on a Final Plat is to be separate and distinct from the lots or parcels adjoining such right-of-way, and shall not be included within the dimensions or areas of such lots or parcels.

58.     RPLS. Acronym for Registered Professional Land Surveyor.

59.     Sign, Subdivision Identification. A permanent sign which identifies a single-family residential subdivision.

60.     Standard Street. A standard street is a street that meets or exceeds the minimum specifications in the City's standard street specifications, and which is constructed to the ultimate configuration for the type of street it is designated for on the City's Thoroughfare Plan.

61.     Street. A right-of-way, whether public or private and however designated, which provides vehicular access to adjacent land. Streets may be of the following categories:

(a)     Major thoroughfares, also known as arterial streets or primary thoroughfares, which provide vehicular movement from one neighborhood to another or to distant points within the City, and including freeways or highways leading to other communities.

(b)     Collector streets, also known as feeder streets or secondary thoroughfares, which provide vehicular circulation within neighborhoods, and from local streets to major thoroughfares.

(c)     Local residential streets, also known as minor thoroughfares or streets, which primarily provide direct vehicular access to abutting adjacent property.

(d)     Private streets are streets which are owned and maintained by a homeowners association or property owners association, and which are not dedicated to the public.

62.     Street Improvements. This means any street or thoroughfare, together with all appurtenances required by City regulations to be provided with such street or thoroughfare, and including but not limited to curbs and gutters, walkways (sidewalks), drainage facilities to be situated in the right-of-way for such street or thoroughfare, traffic control devices, street lights and street signs, for which facilities the City will ultimately assume the responsibility for maintenance and operation.

63.     Street Length. This means the same as “Block Length”.

64.     Subdivision (also known as “Addition”). A division or redivision of any tract of land situated within the City's corporate limits or its extraterritorial jurisdiction into two or more parts, lots or sites, for the purpose, whether immediate or future, of sale, division of ownership, or building development. “Subdivision” includes resubdivisions of land or lots which are part of a previously recorded subdivision.

65.     Submission Date. The submission date is when forms, fees, plans, information and copies have been submitted to the City for the purposes of meeting requirements for a development application. The submission date is not necessarily the same as the filing date (see Filing Date).

66.     Substandard Street. An existing street that does not meet the minimum specifications in the City's standard street specifications, and which is not constructed to the ultimate configuration for the type of street it is designated for on the City's Thoroughfare Plan.

67.     Surety (or “Security” or “Assurance”). See Division VI.

68.     Surveyor. A Registered Professional Land Surveyor (RPLS), as authorized by State statutes to practice the profession of surveying.

69.     SWPPP. A Stormwater Pollution Prevention Plan (as in a set of engineering construction plans).

70.     Standard Design Manual. The City of Greenville's Standard Design Manual for the construction of subdivision improvements, a copy of which is maintained and available for inspection at the City Hall, and which is incorporated and adopted herein by reference (see Section 1.4.5). The Standard Design Manual as referred to herein includes, the current City of Greenville Standard Drawings for Public Works Construction, and The Standard Specifications for Public Works Construction Manual published by the North Central Texas Council of Governments, as amended and adopted by Ordinance. No 89-247 except where superseded by the City of Greenville Standard Drawings for Public Works Construction. The Standard Design Manual shall also include any additional provisions or policies the City of Greenville implements that pertain to the construction of public or site improvements required or regulated under this ordinance.

71.     TCEQ. The Texas Commission on Environmental Quality, previously known as the Texas Natural Resources Conservation Commission (TNRCC).

72.     Temporary Improvements. Improvements built and maintained by the developer that are needed to remedy a circumstance that is temporary in nature, such as a temporary drainage easement or erosion control device, that will be removed upon completion of the subdivision or shortly thereafter.

73.     U.S. Army Corps of Engineers. The civil engineering branch of the U.S. Government.

74.     Yard. The open area between building setback lines and lot lines.

   Division II. PROCEDURES
   Section 2.1:     General Statutory Procedures for Plats

a.     Zoning Requirements. A property within the City's corporate limits that is being proposed for platting or development must be properly zoned by the City prior to submission of an application for approval of any plat. In addition, the proposed development layout or subdivision design shown on the proposed plat must be in conformance with all standards and requirements prescribed in the City's Zoning Ordinance and this Ordinance.

1.     Noncompliance with the requirements of the zoning district in which the subject property is located, or lack of the proper zoning, shall constitute grounds for denial of the concept plan or plat.

2.     Any concept plan or plat submitted for approval by the City shall be in accordance with the City's Zoning Ordinance, if the property is located within the City's corporate limits[.] If the property is located within the City's corporate limits or extraterritorial jurisdiction, it shall be in accordance with the City's Comprehensive Plan, including all adopted water, sewer, storm drainage, future land use, park, recreation, open space and thoroughfare plans. All plats shall be prepared by a Registered Professional Land Surveyor (RPLS).

b.     Classification of Subdivisions and Additions. Before any tract of land or plat is filed for record with the County Clerk, the developer shall apply for and secure approval of the required subdivision plat from the Planning & Zoning Commission, in accordance with the following procedures, unless otherwise provided within this Ordinance.

1.     Minor subdivisions may be approved for residential or nonresidential properties. Minor plat approval by the Community Development Director (or designee) requires the submission of a Final Plat drawing and other submission materials required by the City. Lots may be conveyed or sold only when the plat has been approved by the City and the plat has been filed with Hunt County.

2.     Major subdivisions may be approved for residential or nonresidential properties. The procedure for approval of a major subdivision typically involves two steps: a Preliminary Plat and Final Plat. Sections 2.1 through 2.4 of this Ordinance provide the requirements for each; major plat approval shall be in accordance with these sections. All major subdivision plats must be reviewed and approved by the Planning & Zoning Commission. If the land is required to be platted, no conveyance or sale of any portion or lot of the property may occur until after the Final Plat is approved by the Planning & Zoning Commission and filed with Hunt County.

c.     Submission Requirements For All Types of Plat Applications. In addition to the requirements outlined herein for each type of development application, the City may maintain separate policies and procedures for the submission and processing of applications including, but not limited to, application forms, checklists for information to be shown on plats, language blocks for plats, and other similar items. The forms and paperwork are available in the Community Development Department. These policies and procedures may be amended from time to time, and it is the applicant's responsibility to be familiar with, and to comply with, these policies and procedures.

d.     Application Processing For All Types of Plats.

1.     Complete Application Determination. Every application for approval of a Preliminary Plat or Final Plat shall be subject to a determination of completeness by the planning director. No application shall be accepted for processing unless it is accompanied by all documents required by and prepared in accordance with the requirements of this Subdivision Ordinance. The Community Development Director from time to time may identify additional requirements for a complete application that are not contained within but are consistent with the application contents and standards set forth in the Subdivision Ordinance. The Director also may promulgate a fee for review of the application for completeness.

2.     Incompleteness as Grounds for Denial. The processing of an application by any City official or employee prior to the time the application is determined to be complete shall not be binding on the City as the official acceptance of the application for filing, and the incompleteness of the application shall be grounds for denial or revocation of the application. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Subdivision Ordinance.

3.     Preapplication Conference. A property owner may request a Preapplication Conference with the Community Development Director for purposes of identifying requirements that are applicable to a proposed plat. The request shall be made in writing on a form prepared by the Director and shall state that any proposed development concept discussed at the Preapplication Conference is not intended as a plan of development or application for plat approval.

4.     Time for Making Determination. Following submission of a plan of development or plat application, the Community Development Director shall make a determination in writing whether the plan or application constitutes a complete application for a Preliminary Plat or a Final Plat not later than the tenth (10th) business day after the date the application is submitted. The determination shall specify the documents or other information needed to complete the application and shall state the date the application will expire if the documents or other information is not provided.

5.     When Deemed Complete. An application for approval of a Preliminary Plat that is filed on or after April 28, 2005, or any subsequent Preliminary Plat or Final Plat application filed after approval of such Preliminary Plat, shall be deemed complete on the eleventh (11th) business day after the application has been received, if the applicant has not otherwise been notified that the application is incomplete.

6.     Time for Completing Application. If an application is not completed on or before the forty-fifth (45th) day after the application is submitted to the Community Development Director for processing the application in accordance with his or her written notification, the application will be deemed to have expired and it will be returned to the applicant together with any accompanying documents. Thereafter, a new application for approval of the Preliminary Plat or Final Plat must be submitted. The City may retain any fee paid for reviewing the application for completeness.

7.     Sequence of Applications. Notwithstanding any other provision of this Subdivision Ordinance to the contrary, an application for a Preliminary Plat or Final Plat shall not be considered complete unless accompanied by a copy of the Zoning Ordinance or other certification verifying that the proposed use, lots sizes and lot dimensions for which the application is submitted is authorized by the zoning district in which the property is located.

8.     Vested Rights. No vested rights accrue solely from the filing of an application that has expired pursuant to this section, or from the filing of a complete application that is subsequently denied.

9.     Official Filing Date. The time period established by state law or this Subdivision Ordinance for processing or deciding an application shall commence on the date that a complete application has been accepted for filing, which is the date that shall be deemed the official filing date.

e.     Submission Procedures and City Review Process For All Types of Plats.

1.     Submission Timing. An application for approval of any plat shall be submitted to the City at least twenty (20) calendar days, but no more than thirty (30) calendar days unless the applicant waives the 30-day requirement for action on the plat in writing, prior to the Planning & Zoning Commission meeting at which it is to be considered.

2.     Submission Materials. The application shall include the following materials which shall be submitted to the Community Development Department for review in order for the application to be deemed complete.

(a)     A written application form which bears the original signature(s) of the property owner(s) of the subject property.

(b)     The appropriate submission fee.

(c)     The appropriate number of full size sets as stated on the application form (available at the Community Development Department) of full-size folded prints of the plat, as required by the City's current development review policies and requirements, and one black-and-white reduction of the plat. The size and number of these prints and reductions shall be determined by the Community Development Director.

(d)     A copy of any applicable development agreement pertaining to the subject property (if any).

(e)     A Tax Certificate from the Hunt County Tax Assessor Collector showing that all taxes have been paid on the subject property (required only at the time of Final Plat application), and that no delinquent taxes exist against the property, as shown in the Hunt County deed records. Documentation shall also be included that shows no delinquent assessments, fees, or other debts or obligations to the City and which are directly attributable to the subject property.

(f)     An engineer's summary report which describes, in as much detail as necessary, the following:

(1)     The overall nature and scope of the proposed development, including zoning of the property, proposed use(s) and acreage of each proposed use, minimum lot sizes, widths and depths, number of lots to be created, and special amenities or facilities that will be included in the development;

(2)     How the property will be served with required utilities and services;

(3)     How stormwater drainage will be handled;

(4)     An itemization and description of any waivers/suspensions from provisions of this Ordinance that will be sought.

(g)     Construction plans prepared by a professional engineer for all of the infrastructure and site improvements required to serve the development (required only with the final plat application).

(h)     If located within the City's ETJ; letters shall also be provided from each of the applicable utility service providers, including water, wastewater, gas, electricity, telephone, cable TV and solid waste, verifying their ability to provide an adequate level of service for the proposed development.

(i)     If the development will involve fifty (50) of [or] more living units; A copy of a letter previously sent to the local School which contains information relative to the size (with respect to the anticipated number of homes and/or school-age children), location and timing of the proposed development, and which includes an invitation to express any desire they may have to obtain a future school site within any portion of the subject property.

(j)     Proof of land ownership as required in Section 2.1(f).

3.     Other Submission Requirements.

(a)     All plat drawings and other corresponding plans and drawings, including engineering plans and landscape and screening plans shall be drawn to a standard engineering scale of no more than one hundred feet to the inch (1" = 100'). In cases of large developments which would exceed the dimensions of the sheet at one hundred foot (100') scale, plats may be on multiple sheets and in a format that will be acceptable for eventual filing at Hunt County. If there are multiple sheets, then a key sheet is needed.

(b)     Other applicable information and materials may be deemed appropriate by the City, and therefore may be required by the City. Such materials must also be submitted for an application to be deemed complete.

(c)     All of the materials and plans specified within the previous Subsection 2 and this Subsection 3 shall be submitted to the Community Development Department for review in order for the application to be deemed complete.

4.     City Staff Review. Upon official submission of an application for plat approval, the City shall commence technical review of the development proposal by forwarding a copy of the application and plat to the City's Development Review Committee which shall include representatives of the franchised utility companies, TXDOT, GISD, appropriate personnel from various City Departments.

(a)     City development review team members shall review the plat and shall ascertain its compliance with these and other applicable City regulations.

(b)     Following City staff review of the plat and supporting documents, and following discussions with the applicant on any revisions deemed advisable and the kind and extent of improvements to be installed, the applicant shall resubmit additional copies of the corrected plat (and engineering plans, if applicable) to the Community Development Department no later than seven (7) days prior to the Commission meeting for final review and inclusion in the Commission packets.

5.     Official Filing of the Submitted Plat. The official filing date of a submitted plat shall be consistent with the date upon which the submitted plat is deemed by the City to be a complete application.

6.     Resubmission & Scheduling.

(a)     Failure to resubmit corrected copies of the plat (and engineering plans, if applicable) back to the City in time for adequate review prior to the Planning & Zoning Commission [meeting] shall be cause for the Community Development Department to forward the plat application to the Commission as it was originally submitted rather than the corrected version of the plat unless the 30-day waiver statement has been signed by the applicant.

(b)     If, upon resubmission of the corrected plat to the City, the Community Development Director determines that the application is still incomplete or is not correct to a reasonable extent, the plat application shall be subject to denial.

(c)     After the plat has been scheduled on an agenda (or at any time prior), the applicant may request, in writing, a waiver of the 30-day approval requirement in order to allow him or her more time to correct deficiencies, address concerns, or otherwise improve the plat pursuant to the City's regulations. After receipt of the request, the City may delay action on the Final Plat beyond thirty (30) calendar days following the official submission date.

7.     Action by the Planning & Zoning Commission. All subdivision plat applications (except Minor Plats and Amending Plats) that have not expired shall be reviewed by the Planning & Zoning Commission and if in complete conformance with the provisions of this Ordinance and with all other applicable regulations of the City, then they shall be approved by the Planning & Zoning Commission.

(a)     The Commission shall review each plat application and shall take action to either approve the plat application or approve the plat application subject to certain conditions, or shall vote to deny the plat application, within thirty (30) calendar days following the official filing date unless the applicant has submitted a written waiver of the 30-day review/approval time pursuant to Subsection 6.(c) above.

(b)     The Planning & Zoning Commission shall approve or deny the plat application by a simple majority vote of the Commission members present and voting.

(c)     If the Commission denies a plat application, the Commission shall state such disapproval and the reasons therefore [therefor]. The Commission's decision to deny a plat may be appealed to the City Council.

f.     Proof of Land Ownership. The City requires proof of land ownership prior to approval of any development application involving real property. Along with the application submission, the applicant shall provide evidence that he or she is the owner of record of the subject land parcel or parcels, or is the property owner's authorized agent. The Community Development Department shall have the authority to determine what document(s) the City will require to prove ownership, such as a letter of title guarantee from a licensed attorney; Tile [ Title] Policy, Title Commitment, or some other documentation that is acceptable to the City Attorney. If ownership cannot be conclusively established prior to the meeting date on which the development application will be heard, the City shall have the authority to deny the application on the basis of protecting the public interest.

g.     Preliminary Plat Expiration & Extension.

1.     Expiration. An approved preliminary plat application shall expire and shall thereafter be deemed null and void if a Final Plat application for all the land subject to the Preliminary Plat has not been approved within two (2) years from the date of the Commission's approval of the Preliminary Plat. Subsequent expiration of the Final Plat shall also result in expiration of the preliminary plat for the same land. Upon expiration, or upon denial of a timely submitted request for extension of plat approval, a new plat application shall be submitted, subject to requirements in effect at the time the application is filed with the City.

2.     Extension. The Commission may extend a Preliminary Plat for a period not to exceed one (1) year on the written request of the applicant. The request must be filed before the Preliminary Plat expires and must document the reasons for the extension. In determining whether to grant a request, the Commission shall take into account the reasons for the requested extension, the ability of the applicant to comply with any conditions attached to the original approval, whether extension is likely to result in timely completion of the project, and the extent to which any newly adopted regulations should be applied to the proposed development. In granting an extension, the Commission may impose such conditions as are needed to assure that the land will be developed in a timely fashion and that the public interest is served, including compliance with one or more new adopted development standards.

h.     Construction Plans Expiration & Extension.

1.     Expiration. Approved construction plans shall be valid for a period of five (5) years from the date of the City Engineer's approval after which they shall expire and shall be deemed null and void. Upon expiration, or upon denial of a timely submitted request for extension of the approval of the construction plans, new construction plans shall be submitted, subject to requirements in effect at the time the construction plans are filed with the City.

2.     Extension. The Commission may extend the approval of construction plans for a period not to exceed one (1) year on the written request of the applicant. The request must be filed before the construction plans expire and must document the reasons for the extension. In determining whether to grant a request, the Commission shall take into account the reasons for the requested extension, the ability of the applicant to comply with any conditions attached to the original approval, whether extension is likely to result in timely completion of the project, and the extent to which any newly adopted regulations should be applied to the proposed development. In granting an extension, the Commission may impose such conditions as are needed to assure that the land will be developed in a timely fashion and that the public interest is served, including compliance with one or more new adopted development standards.

   Section 2.2:     Dormant Plats

a.     Definitions. For purposes of this Section only, the following terms apply:

1.     Final Plat means the final stage of approval of a subdivision or addition required by prior Subdivision Regulations as a condition of recording a division of land in the deed records of Hunt County and that was approved or filed for approval pursuant to such prior Subdivision Regulations.

2.     Prior plat means a land study, concept plan, sketch plat, Preliminary Plat or other similar representation showing a division of land into lots or tracts approved or filed for approval pursuant to prior Subdivision Regulations, other than a Final Plat.

3.     Prior Subdivision Regulations means any subdivision regulation or rule incorporated within a Subdivision Ordinance of the City of Greenville that was in effect prior to May 11, 2000.

b.     Expiration of Dormant Plat. Any prior plat or portion thereof, or any Final Plat or portion thereof that has not been recorded, which prior plat or Final Plat was approved or filed for approval before, but that was not subject to an expiration date under prior Subdivision Regulations on, May 11, 2000, shall expire at 5:00 p.m. on August 31, 2005.

c.     Appeal. The owner of the land subject to the prior plat or Final Plat that expires under Subsection (a) may petition the City Council to reinstate such prior plat or Final Plat by filing a vested rights petition (see Section 1.8) within six (6) months of the expiration. The petition shall clearly state the grounds for reinstatement, and shall be accompanied by documentation of one of the following:

1.     As of May 11, 2000, one of the following events had occurred:

(a)     In the case of an approved prior plat:

(1)     A Final Plat application for all or part of the land subject to the approved prior plat was approved, or was filed and was subsequently approved, or an application for a Final Plat was submitted for all or part of the land subject to the approved prior plat, but such application was rejected on grounds of incompleteness;

(2)     Costs for development of the land subject to the prior plat, including but not limited to costs associated with street, utility and other infrastructure facilities designed to serve the land in whole or in part, but exclusive of land acquisition costs, were incurred in the aggregate amount of five percent (5%) of the most recent appraised market value of the land subject to the prior plat;

(3)     Fiscal security was posted to ensure performance of an obligation required for development of all or a part of the land subject to the approved prior plat; or

(b)     In the case of an approved, unrecorded Final Plat:

(1)     Costs for development of the land subject to the Final Plat, including but not limited to costs associated with street, utility and other infrastructure facilities designed to serve the land in whole or in part, but exclusive of land acquisition costs, were incurred in the aggregate amount of five percent (5%) of the most recent appraised market value of the land subject to such Final Plat;

(2)     Fiscal security was posted after approval of the Final Plat to ensure performance of an obligation required for all or a part of the land subject to the approved Final Plat; or

(3)     Utility connection fees or impact fees for all or part of the land subject to the approved Final Plat were paid.

2.     For an approved prior plat, one of the following events occurred after May 11, 2000, but before the expiration date specified in Subsection b above:

(a)     A Final Plat was approved for all or part of the land subject to the approved prior plat and remained in effect for such land on August 31, 2005; or

(b)     A complete application for approval of all or part of the land subject to the approved prior plat was pending for decision on August 31, 2005.

d.     Council Action. The City Council may take one of the following actions:

1.     Reinstate the expired prior or Final Plat subject to such expiration dates as may be authorized by law, if it finds that the petitioner has met any one of the criteria listed in Subsection c.1 above.

2.     Reinstate the expired prior plat for all or part of the land subject thereto, if it finds that the petitioner has met any one of the criteria listed in Subsection c.2 above, subject to such expiration dates or other conditions that assure that the remaining land that is not subject to an approved or pending Final Plat application will be developed in a timely fashion. In granting relief under this provision, the Council may require that development of such remaining land is subject to standards enacted after initial approval of the expired prior plat.

3.     Deny the petition, if it finds that the petitioner has failed to meet any of the criteria in Subsection c above.

4.     Reinstate the prior plat for only that part of the land subject to a pending Final Plat application, if it finds that the petitioner has met the criteria in Subsection c.2.(b) above and the pending plat application subsequently was approved, and deny the petition for the remaining land within the expired prior plat.

   Section 2.3:     Procedures and Submission Requirements for Preliminary Plat Approval

a.     The applicant shall prepare a Preliminary Plat which shall include a utility layout and conceptual plans for the construction of the subdivision and all associated public improvements, together with other supplementary materials as required by this Ordinance or by the City.

b.     The Preliminary Plat shall constitute only that portion of the property or subdivision which the applicant proposes to construct and record prior to the expiration of the plat provided, however, that such portion conforms to all the requirements of this Ordinance and with any other applicable regulations and codes of the City.

c.     The Preliminary Plat shall include all contiguous property under the ownership or control of the applicant unless otherwise approved by the Planning and Zoning Commission.

1.     The contiguous property may contain more than one phase which, if so, shall be clearly identified on the Preliminary Plat.

2.     If not all of the contiguous property is intended to be developed, prior to the expiration of the plat, the portion that is not intended to be developed may be identified and treated as a Remainder Tract, if permitted by the Planning and Zoning Commission.

(a)     A remainder tract is deemed to be that portion of a contiguous property that is not included within the boundaries of a Preliminary Plat.

(b)     A remainder tract shall not be considered a lot or tract of the subdivision that is shown on the Preliminary Plat.

(c)     Approval of the related Preliminary Plat shall not constitute approval of development on a remainder tract.

(d)     Information accompanying the Preliminary Plat application for a Remainder Tract shall be deemed to be an aid to the Planning & Zoning Commission in taking action on the Preliminary Plat and may be used to determine whether development of the land subject to the Preliminary Plat will be adequately served by public facilities and services and is otherwise in compliance with this Subdivision Ordinance, taking into account the development of the property as a whole. Information concerning the Remainder Tract, including topography, drainage, and existing and planned public improvements, may be considered in formulating conditions to approve the plat application.

(e)     Based upon such information, the Planning & Zoning Commission may require that additional or less land be included as part of the Preliminary Plat in order to satisfy the standards applicable to the plat.

d.     The applicant may choose to submit a Final Plat for review concurrently with the Preliminary Plat. In such case, the City may schedule concurrent review of both plats, provided that all required information and other items are submitted for both plats, and provided that adequate review can be achieved by the City. If the City, due to staff resources or other factors, cannot complete its review of both plats, and other associated materials, prior to the applicable Planning & Zoning Commission meeting, then only the Preliminary Plat shall be considered for approval and the Final Plat shall be denied unless the thirty (30) day review requirement is waived in writing by the applicant.

e.     Approval of a Preliminary Plat by the Planning & Zoning Commission shall be deemed general approval of the street and lot layout shown on the Preliminary Plat.

f.     Standards for Approval. No Preliminary Plat shall be approved by the Planning & Zoning Commission unless the plat conforms to this Ordinance, the Comprehensive Plan, and applicable zoning and other City regulations.

g.     Information Required Upon or With Preliminary Plat. The proposed Preliminary Plat shall show information as specified on an application form provided by the Community Development Department.

h.     Revisions to Approved Preliminary Plat.

1.     It is generally recognized that minor revisions to the Preliminary Plat will probably be needed before the Final Plat is approved and filed at the County. Such minor revisions as slight enlargement or shifting of easements or lot lines, addition of private or franchise utility easements, correction of bearings or distances, correction of minor labeling errors, addition of erroneously omitted informational items and labels, etc. may occur on the Final Plat without having to reapprove the Preliminary Plat. Whether or not revisions are “minor” in nature shall be determined by the Community Development Director.

2.     Major revisions, such as obvious reconfiguration of lot lines or easements, relocation of driveways or access easements or fire lanes, any modification to the perimeter or boundary of the property, and relocation or addition or deletion of any public improvement (including corresponding easement), shall necessitate resubmission and reapproval of the plat as a “revised Preliminary Plat” unless otherwise approved by the Community Development Department. The procedures for such reapproval shall be the same as for a Preliminary Plat, and such re-approval shall constitute a new project thus necessitating submission of a new application form, payment of new fees, compliance with amendments to this Ordinance which occurred since original Preliminary Plat approval, and other requirements.

   Section 2.4:     Procedures and Submission Requirements for Final Plat Approval

a.     The Final Plat shall be in accordance with the Preliminary Plat, as approved, and shall incorporate all applicable conditions, changes, directions and additions imposed by the Planning & Zoning Commission upon the Preliminary Plat. The Final Plat shall not be submitted prior to approval of the Preliminary Plat (but may be submitted simultaneously with the Preliminary Plat).

b.     Only Final Plat applications which include the required data, completed application form, submission fee, number of copies of the plat, record drawings, complete engineering construction plans, and other required information will be considered complete, shall be accepted for filing by the City, and shall be scheduled on a Planning & Zoning Commission agenda. Incomplete Final Plat applications will not be accepted for filing and will not be scheduled on a Planning & Zoning Commission agenda until the proper information is provided to City staff.

c.     Information Required Upon or With Final Plat. The proposed Final Plat shall show information as specified on an application form provided by the Community Development Department.

d.     Engineering Plans. As part of the Final Plat Application, the applicant shall submit the required number of sets of the complete engineering plans for all streets, alleys (if any), storm sewers and drainage structures, water and sanitary sewer facilities, screening and retaining walls, landscaping and irrigation, and any other required public improvements for the area covered by the Preliminary Plat. Engineering plans shall be in conformance with the Standard Design Manual and with the requirements set forth within this Subdivision Ordinance. The engineering plans shall also contain any plans deemed necessary to show or document compliance with any other applicable codes and ordinances of the City that are related to development of a land parcel. The proposed engineering plans shall show information as specified on an application form provided by the Community Development Department.

e.     Standards for Approval. No Final Plat shall be approved by the Planning & Zoning Commission unless the following standards have been met:

1.     The plat substantially conforms with the approved Preliminary Plat and other studies and plans, as applicable;

2.     The plat and accompanying documents conform to this Subdivision Ordinance, the Comprehensive Plan, and to applicable zoning, subdivision and any other applicable codes or ordinances of the City that are related to development of a land parcel.

f.     Timing of Public Improvements.

1.     After approval of the Final Plat by the Planning and Zoning Commission, approval of the engineering plans and specifications by the City Engineer, and following procurement of all applicable permits from other appropriate agencies (such as TxDOT, railroad authorities, TQEC, U.S. Army Corps of Engineers, FEMA and/or Hunt County), the applicant shall cause a contractor(s) to install or construct the public improvements in accordance with the approved plans and the City's Standard Design Manual and at the applicant's expense.

2.     The applicant shall employ Professional Engineers, Professional Registered Land Surveyors or other professionals as necessary to design, stake, supervise, perform and complete the construction of such improvements, and shall cause his or her contractor to construct the said improvements in accordance with this Ordinance and with the City's, and any other applicable agency's, design standards.

3.     If the project will require a FEMA map revision, then the proposed plans shall also be reviewed for compliance with the City's Floodplain Management Ordinance prior to approval of the Final Plat and prior to any construction activities (including but not limited to grading, clearing, grubbing, brush removal, etc.) on the site.

4.     When all of the improvements are found to be constructed and completed in accordance with the approved plans and specifications and with the City's standards, and upon receipt by the City of Greenville of a maintenance bond, one (1) sealed set of “As-Built” or “Record Drawing” mylars and a digital copy of all plans (in a format as determined by the City Engineer) shall be submitted with a letter stating the contractors' compliance with this Ordinance, and bearing sealed certification by the design engineer that all public improvements have been constructed in compliance with all City construction standards set forth in the Standard Design Manual and other applicable City design documents. After such letter and certification are received, the City Engineer, shall receive and accept for the City of Greenville the title, use and maintenance of the improvements.

g.     Effect of Approval. Approval of a Final Plat authorizes the developer, upon fulfillment of all requirements and conditions of approval, to submit the final copies, or mylars, of the plat for filing at Hunt County. Lots may be sold only when the Final Plat has been approved by the Planning & Zoning Commission and the plat has been filed at Hunt County. No conveyance or sale of any portion or lot of the property may occur until after the Final Plat is approved by the Planning & Zoning Commission and filed at Hunt County.

h.     Revisions to Approved Final Plat Prior to Filing at the County. Occasionally, minor revisions are needed before the Final Plat can be filed at the County. Minor revisions such as correction of bearings or distances, correction of minor labeling errors, addition of erroneously omitted informational items and labels, etc. may occur on the record plat prior to filing it without the Planning & Zoning Commission having to reapprove the Final Plat. Whether or not revisions are “minor” in nature shall be determined by the Community Development Director. Major revisions, such as obvious corrections or reconfiguration of lot lines or easements, relocation of driveways or access easements or fire lanes, any modification to the perimeter or boundary of the property, and relocation or addition or deletion of any public improvement (including corresponding easement), shall necessitate resubmission and reapproval of the plat as a “revised Final Plat” unless otherwise approved by the Community Development Department, as applicable. The procedures for such reapproval shall be the same as for a Final Plat, and such reapproval may constitute a new project thus necessitating submission of a new application form, payment of new fees, compliance with amendments to this Ordinance which occurred since original Final Plat approval, and other requirements.

i.     Subsequent to Final Plat approval by the Planning & Zoning Commission, the applicant shall return signed and notarized copies of the Final Plat, as approved, along with any other required documents and fees necessary for filing the plat with the County Clerk, to the Community Development Department within forty-five (45) calendar days following approval, in accordance with requirements established by the City.

1.     All easements shall be included on the Final Plat, including the recording information for those easements that are filed or recorded as separate instruments, as required by utility companies and the City of Greenville prior to filing the Final Plat.

2.     If the required copies and materials are not returned to the City within the specified 45-day time frame, the approval of the Final Plat shall be null and void unless an extension is granted by the City Council.

3.     The City shall cause the Final Plat to be filed at the office of the County Clerk of Hunt County within forty-five (45) calendar days following receipt of all filing materials, including filing fees.

(Ordinance 06-117, sec. 2, adopted 9/26/06)

   Section 2.5:     Conveyance Plats

a.     Purpose. The purpose of a Conveyance Plat is to subdivide land and to provide for recordation of same, for the purpose of conveying (i.e., selling) the property without developing it. A Conveyance Plat may be used to convey the property or interests therein; however, a Conveyance Plat does not constitute approval for any type of development on the property. A Conveyance Plat is an interim step in the subdivision and development of land.

b.     Applicability. A conveyance plat may be used in lieu of a final plat to record the subdivision of property, provided that no portion of the development is intended for immediate development.

c.     Filing. No Final Plat processed and approved in association with a Conveyance Plat shall be filed without the concurrent filing of the associated approved Conveyance Plat.

d.     Conveyance Plat Requirements.

1.     Unless otherwise specified within this Section 2.5 for specific requirements for a Conveyance Plat, a Conveyance Plat shall be processed, approved, or appealed using the same timing and procedures, including recordation, as specified for a Final Plat.

2.     No building or development permits shall be issued nor permanent utility service provided for land that has only received approval as a Conveyance Plat; a Final Plat must be filed for building and development permits and for utility service. Notwithstanding the above, the Public Works Director and Community Development Director may authorize temporary building permits, temporary occupancy permits, temporary utility service, and billboards.

3.     A Conveyance Plat may be superseded by a revised Conveyance Plat or a Final Plat in total or in part through compliance with the procedures and requirements of this Ordinance.

e.     Standards for Approval.

1.     Access – All lots created by a Conveyance Plat shall have frontage and access to an existing or proposed public street, defined on the City's Thoroughfare Plan, or an existing standard street meeting City construction standards and accessing the existing City street system. All lots created by a Conveyance Plat shall provide points of access as required by the Zoning Ordinance and/or by this Ordinance.

2.     Reservation of Rights-of-Way – Conveyance plats must identify any future rights-of-way for public thoroughfares and streets specified on the City's Thoroughfare Plan or approved land study. The identification of the right-of-way does not grant any right or interest in the property to the City or other entity. The final alignment may be adjusted upon final platting in order to meet engineering design standards.

3.     Dedication of Rights-of-Way – Dedication of right-of-way shall be required where a conveyance plat is used to record the remainder of a tract created by the final platting of a portion of the property. The required right-of-way dedication shall be limited to that which is necessary to provide access to the property proposed for final plat approval and to complete turn lanes, intersections and transitions in road pavement width resulting from development of property proposed for final plat approval.

f.     Effect of Approval.

1.     Conveyance plat approval and acceptance by the City does not relieve the owner from obligations, including fees, required by other sections of this or any other Chapter of the City Code of Ordinances pertaining to the improvement of the property or extension of services as required to make the property suitable for development.

2.     Neither reservation nor dedication of right-of-way shall relieve the property owner from any obligation for street construction or assessments associated with public street improvement programs. Easements for access, utilities and drainage may be recorded on conveyance plats.

3.     No building or development permits shall be issued nor permanent utility service provided for land that has only received approval as a Conveyance Plat; a Final Plat must be filed for building and development permits and for utility service.

(Ordinance 10-111 adopted 11/9/10)

   Section 2.6:     Development Plats

a.     Authority. This Section is adopted pursuant to the Texas Local Government Code, Chapter 212, Subchapter B, Sections 212.041 through 212.050, as amended.

b.     Applicability. For purposes of this Section, the term “development” means the construction of any building, structure or improvement of any nature (residential or nonresidential), or the enlargement of any external dimension thereof. This Section shall apply to any land lying within the City or within its extraterritorial jurisdiction in the following circumstances:

1.     The development of any tract of land which has not been platted or replatted prior to the effective date of this Ordinance, unless expressly exempted herein; or

2.     The development of any tract of land for which the property owner claims an exemption from the City's Subdivision Ordinance, including requirements to replat, which exemption is not expressly provided for in such regulations; or

3.     The development of any tract of land for which the only access is a private easement or street; or

4.     The division of any tract of land resulting in parcels or lots each of which is greater than five (5) acres in size, and where no public improvement is proposed to be dedicated or constructed.

c.     Exceptions. No Development Plat shall be required, where the land to be developed has received Final Plat or Replat approval prior to the effective date of this Ordinance or a Final Plat or Replat has been filed in accordance with this ordinance.

d.     Prohibition on Development. No development shall commence, nor shall any building permit, for any development or land division subject to this Section, until a Development Plat has been approved by the Planning and Zoning Commission and submitted to the City for filing at the County. Notwithstanding the provisions of this Section, the City shall not require building permits or otherwise enforce the City's Building Code in the City's extraterritorial jurisdiction in relation to any Development Plat required by this Subdivision Ordinance.

e.     Standards of Approval. The Development Plat shall not be approved until the following standards have been satisfied:

1.     The proposed development conforms to all City plans, including but not limited to, the Comprehensive Plan, utility plans and applicable capital improvements plans;

2.     The proposed development conforms to the requirements of the Zoning Ordinance (if located within the City's corporate limits) and this Subdivision Ordinance;

3.     The proposed development is adequately served by public facilities and services, parks and open space in conformance with City regulations;

4.     The proposed development will not create a safety hazard on a public street (such as by not providing adequate on-site parking or vehicle maneuvering space for a restricted-access/gated entrance);

5.     Appropriate agreements for acceptance and use of public dedications to serve the development have been tendered; and

6.     The proposed development conforms to the design and improvement standards contained in this Ordinance and in the City's Standard Design Manual, and to any other applicable codes or ordinances of the City that are related to development of a land parcel.

f.     Conditions. The Planning and Zoning Commission may impose such conditions on the approval of the Development Plat as are necessary to insure compliance with the standards in Subsection e above.

g.     Approval Procedure. The application for a Development Plat shall be submitted to the City in the same manner as a Final Plat (see Sections 2.1 and 2.4), and shall be approved, conditionally approved, or denied by the Planning and Zoning Commission in a similar manner as a Final Plat. Upon approval, the Development Plat shall be filed at the County by the City in the same manner as prescribed for a Final Plat (see Section 2.1 and Section 2.4), and approval of a Development Plat shall expire if all filing materials are not submitted to the Community Development Department and if the plat is not filed at the County within the time periods specified for a Final Plat.

h.     Submittal Requirements – In addition to all information that is required to be shown on a Final Plat (see Section 2.4 or on the City's related checklist), a Development Plat shall:

1.     Be prepared by a Registered Professional Land Surveyor;

2.     Clearly show the boundary of the Development Plat;

3.     Be accompanied by a site plan showing each existing or proposed building, structure or improvement or proposed modification of the external configuration of the building, structure or improvement involving a change therein;

4.     Show all easements and rights-of-way within or adjacent to the Development Plat; and

5.     Be accompanied by the required number of copies of the plat, a completed application form, the required submission fee (per the City's current fee schedule), and a certificate or some other form of verification from the Hunt County Appraisal District showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property in accordance with Section 1.13.

6.     A copy of all application materials for a Development Plat shall be simultaneously submitted to the Community Development Department for review in the same manner as for a Final Plat, or the application shall be deemed incomplete.

   Section 2.7:     Replatting

a.     Replat Required. Unless otherwise expressly provided for herein, a property owner who proposes to replat any portion of an already approved and filed Final Plat, other than to amend or vacate the plat, must first obtain approval for the Replat under the same standards and by the same procedures prescribed for the final platting of land by this Ordinance. All improvements shall be constructed in accordance with the same requirements as for a construction or Final Plat, as provided herein. The Community Development Director may waive or modify requirements for a Replat under certain circumstances where the proposed Replat does not involve a large land parcel or an existing structure or business on the subject property, and where the proposed plat revisions are relatively simple in nature.

b.     Replatting Without Vacating Preceding Plat. A Replat of a Final Plat or portion of a Final Plat may be recorded and is controlling over the preceding plat without vacation of that Final Plat if the Replat:

1.     Is signed and acknowledged by only the owners of the property being replatted;

2.     Is approved, after a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard by the Planning & Zoning Commission; and

3.     Does not attempt to amend or remove any covenants or restrictions previously incorporated in the Final Plat.

c.     Previous Requirements or Conditions of Approval Which Are Still Valid. In addition to compliance with (b) above, a Replat without vacation of the preceding plat must conform to the requirements of this Section if:

1.     During the preceding five (5) years, any of the area to be replatted was limited by a zoning classification to residential use for not more than two (2) residential units per lot; or

2.     Any lot in the preceding plat was limited by deed restrictions to residential use for not more than two (2) residential units per lot.

d.     Notice of the public hearing required under (b) above shall be given before the fifteenth (15th) calendar day before the date of the hearing by publication in an official newspaper or a newspaper of general circulation in Hunt County. Notice of the public hearing shall also be given by written notice before the fifteenth (15th) calendar day before the date of the hearing, with a copy or description of any requested waivers/suspensions, sent to the property owners, as documented on the most recently approved ad valorem tax roll of the City, of lots that are in the original subdivision and that are within two hundred feet (200') of the lot(s) to be replatted. In the case of a subdivision in the extraterritorial jurisdiction, the most recently approved County tax roll shall be used. The written notice may be delivered by depositing the notice, properly addressed with appropriate postage paid, in a post office or postal depository within the boundaries of the City.

e.     If the property owner(s) of twenty percent (20%) or more of the total land area of lots to whom notice is required to be given under Subsection b [d] above file with the City a written protest of the replatting before or at the public hearing, or if the Replat requires a waiver/suspension as defined in Section 1.11, then approval of the Replat will require the affirmative vote of at least three-fourths (3/4) of the full Planning & Zoning Commission. For a legal protest, written instruments signed by the owners of at least twenty percent (20%) of the total land area of the lots or land immediately adjoining the area covered by the proposed Replat and extending two hundred feet (200') from that area, but within the original subdivision, must be filed with the City prior to the close of the public hearing. In computing the percentage of land area subject to the “20% rule” described above, the area of streets and alleys shall be included.

f.     Compliance with Subsection c above is not required for approval of a Replat for any part of a preceding plat if the area to be replatted was designated or reserved for other than single- or two-family (i.e., duplex) residential use by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat. For example, for a Replat involving nonresidential property, a public hearing must be held, pursuant to Subsection b.2. above, but notice of the hearing does not have to appear in the newspaper and written notices do not have to be mailed to individual property owners within two hundred feet (200') of the subject property.

g.     Any Replat which adds or deletes lots must include the original subdivision and lot boundaries. If a Replat is submitted for only a portion of a previously platted subdivision, the Replat must reference the previous subdivision name and recording information, and must state on the Replat the specific lots which have changed along with a detailed “Purpose for Replat” statement.

h.     If the previous plat is vacated as prescribed in Section 212.013 of the Texas Local Government Code, as amended, and as provided in Section 2.9 of this Ordinance, a public hearing is not required for a Replat of the area vacated. It would, instead, be submitted as a new subdivision plat and reviewed accordingly.

i.     The Replat of the subdivision shall meet all the requirements for a Final Plat for a new subdivision that may be pertinent, as provided for herein, including requirements that pertain to infrastructure, such as roadways and utilities. Approval of a revised preliminary plat may be required prior to the approval of a replat if the replat necessitates the construction of public infrastructure or requires amendments to previously approved infrastructure construction plans.

j.     The title shall identify the document as a “Final Plat” of the “                      Addition, Block           , Lot(s)                , Being a Replat of Block                 , Lot(s)         of the                 Addition, an addition to the City of Greenville, Texas, as recorded in Volume/Cabinet           , Page/Slide            of the Plat Records of Hunt County, Texas”.

k.     An application submittal for a Replat shall be the same as for a Final Plat, and shall be accompanied by the required number of copies of the plat, a completed application form, the required submission fee (per the City's current fee schedule), and a certificate showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property in accordance with Section 1.13. The Replat shall also bear a detailed “Purpose for Replat” statement which describes exactly what has been changed on the plat since the original (or previous) plat was approved by the City and filed at the County. A copy of all application materials for a Replat shall be simultaneously submitted to the Community Development Department for review in the same manner as for a Final Plat, or the application shall be deemed incomplete.

l.     The Replat shall be filed at the County in the same manner as prescribed for a Final Plat, and approval of a Replat shall expire if all filing materials are not submitted to the Community Development Department and if the Replat is not filed at the County within the time period specified for a Final Plat.

(Ordinance 06-117, sec. 2, adopted 9/26/06)

m.     The Community Development Director shall be empowered to approve replats involving four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities. The Community Development Director may, at his or her discretion and for any reason, elect to present the application for such a replat the Planning & Zoning Commission for approval. Any decision made on the replat by the Community Development Director shall be approval of the plat. Should the Community Development Director refuse to approve the replat, then the replat shall be referred to the Commission for approval within the time period required by State law. (Ordinance 07-083 adopted 7/24/07)

   Section 2.8:     Amending Plats

a.     An Amending Plat shall meet all of the informational, procedural, and relevant submission requirements set forth for a Final Plat.

b.     A copy of all application materials for an Amending Plat shall be simultaneously submitted to the Community Development Director for review in the same manner as for a Final Plat, or the application shall be deemed incomplete.

c.     An Amending Plat may be recorded and is controlling over the preceding or Final Plat without vacation of that plat, if the plat being amended is signed by the applicants only and if the plat being amended is for one or more of the purposes set forth in this Section. The procedures for amending a plat shall apply only if the sole purpose of amending the plat is to achieve at least one (1) of the following:

1.     Correct an error in a course or distance shown on the preceding plat;

2.     Add a course or distance that was omitted on the preceding plat;

3.     Correct an error in a real property description shown on the preceding plat;

4.     Indicate monuments set after the death, disability, or retirement from practice of the engineer or RPLS responsible for setting monuments;

5.     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.     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.     Correct an error in courses and distances of lot lines between two (2) 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 or modify recorded covenants or restrictions or easements; and

(d)     The amendment does not have a material adverse effect on the property rights of the owners in the plat;

8.     Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement;

9.     Relocate one (1) 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;

(b)     The amendment does not attempt to remove or modify recorded covenants or restrictions or easements; and

(c)     The amendment does not increase the number of lots; or

10.     Make necessary changes to the preceding plat to create six (6) or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat if:

(a)     The changes do not affect applicable zoning and other regulations of the City;

(b)     The amendment does not attempt to remove or modify recorded covenants or restrictions or easements; and

(c)     The area covered by the changes is located in an area that the Planning & Zoning Commission has approved, after a public hearing, as a residential improvement area.

11.     Replat one (1) 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 or modify recorded covenants or restrictions or easements; and

(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.

c[d].     The Community Development Director shall be empowered to approve an Amending Plat. The Community Development Director may, at his or her discretion and for any reason, elect to present the application for an Amending Plat to the Planning & Zoning Commission for approval. Any decision made on the Amending Plat by the Community Development Director shall be approval of the plat. Should the Community Development Director refuse to approve the Amending Plat, then the Amending Plat shall be referred to the Commission for approval within the time period required by State law.

d[e].     Notice, a public hearing, and the approval of other lot owners are not required for the approval and issuance of an Amending Plat.

e[f].     The Amending Plat shall be entitled and clearly state that it is an “Amending Plat”, and it shall include a detailed “Purpose for Amending Plat” statement which describes exactly what has been changed on the plat since the original (or previous) plat was approved by the City and filed at the County. It shall also state the specific lots affected or changed as a result of the Amending Plat, and shall include the original subdivision plat boundary.

f[g].     Other than noted above, the procedure for approval of plat amendment(s) shall be the same as in Section 2.4.

g[h].     The amending plat shall be filed at the County in the same manner as prescribed for a Final Plat, and approval of an amending plat shall expire if all filing materials are not submitted to the City and if the plat is not filed at the County within the time periods specified for a Final Plat.

   Section 2.9:     Plat Vacation

a.     By Property Owner. The property owner of the tract covered by a plat may vacate, upon approval by the Planning & Zoning Commission, the plat at any time before any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved and recorded in the manner prescribed for the original plat (instrument language is available from the City, upon request).

b.     By All Lot Owners. If some or all of the lots covered by the plat have been sold, the plat, or any part of the plat, may be vacated on the application of all the owners of lots in the plat with approval obtained in the manner prescribed for the original plat.

c.     Criteria. The Planning and Zoning Commission shall approve the petition for vacation on such terms and conditions as are in accordance with Section 212.013 of the Texas Local Government Code (as amended), and as are reasonable to protect the public health, safety and welfare. As a condition of vacation of the plat, the Planning & Zoning Commission may direct the petitioners to prepare and seek approval of a revised Final Plat in accordance with this Ordinance such that the property does not become “unplatted”.

d.     Effect of Action. On the execution and recording of the vacating instrument, the vacated plat shall have no effect. Regardless of the Commission's action on the petition, the property owner will have no right to a refund of any monies, fees or charges paid to the City nor to the return of any property or consideration dedicated or delivered to the City except as may have previously been agreed to by the Commission or City Council.

e.     City-Initiated Plat Vacation.

1.     General Conditions. The Planning & Zoning Commission, on its motion and following a public hearing on the matter, may vacate the plat of an approved subdivision or addition when:

(a)     No lots within the approved plat have been sold within five (5) years following the date that the plat was signed by the City;

(b)     The property owner has breached a Subdivision Improvement Agreement (see Section 6.2) and the City is unable to obtain funds with which to complete construction of public improvements, except that the vacation shall apply only to lots owned by property owner or its successor; or

(c)     The plat has been of record for more than five (5) years and the City determines that the further sale of lots within the subdivision or addition presents a threat to public health, safety or welfare, except that the vacation shall apply only to lots owned by the property owner or its successors.

2.     Procedure. Upon any motion of the Planning & Zoning Commission to vacate the plat of any previously approved subdivision or addition, in whole or in part, the City shall publish notice in a newspaper of general circulation in the County before the fifteenth (15th) day prior to the date of the public hearing at which the plat vacation shall be heard by the Commission. The City shall also provide written notice to all property owners within the subdivision or addition and to all members of the City Council. The notice shall state the time and place for a public hearing before the Commission on the motion to vacate the subdivision or addition plat. The Commission shall approve the plat vacation only if the criteria and conditions cited above are satisfied.

3.     Record of Plat Vacation. If the Planning & Zoning Commission approves vacating a plat, the City shall cause a copy of the plat vacation instrument to be recorded in the office of the County Clerk of Hunt County along with an exhibit showing a drawing of the area or plat vacated. The County Clerk shall write legibly on the vacated plat the word “vacated” and shall enter on the plat a reference to the volume and page at which the vacating instrument is recorded. If the Planning & Zoning Commission vacates only a portion of a plat, it shall cause a revised Final Plat drawing to also be recorded which shows that portion of the original plat that has been vacated and that portion that has not been vacated. On the execution and recording of the vacating instrument the vacated plat (or the vacated portion of the plat) has no effect.

   Section 2.10:     Minor Plats

a.     A Minor Plat shall meet all of the informational, procedural, and relevant submission requirements set forth for a Final Plat.

b.     A copy of all application materials for a Minor Plat shall be simultaneously submitted to the Community Development Department for review in the same manner as for a Final Plat, or the application shall be deemed incomplete.

c.     The Community Development Director shall be empowered to approve a Minor Plat. The Community Development Director may approve a Minor Plat, or may, for any reason, elect to present the Minor Plat to the Planning & Zoning Commission for consideration and approval. Any decision made on the Minor Plat by the Community Development Director shall be approval of the plat. Should the Community Development Director refuse to approve the Minor Plat, then the plat shall be referred to the Planning and Zoning Commission for review and approval, within the time period required by State law.

d.     Notice, a public hearing, and the approval of other lot owners are not required for the approval [of] a Minor Plat.

e.     The Minor Plat shall be entitled and clearly state that it is a “Minor Plat.”

f.     The Minor Plat shall be filed at the County in the same manner as prescribed for a Final Plat, and approval of a Minor Plat shall expire if all filing materials are not submitted to the City and if the plat is not filed at the County within the time periods specified for a Final Plat.

   Division III. SUBDIVISION DESIGN STANDARDS
   Section 3.1:     Streets

a.     Conformance with Greenville's Policies & Regulations. The construction, arrangement, character, extent, width, grade and location of all streets shall conform to the City of Greenville's Thoroughfare Plan and Standard Design Manual, and shall be considered in their relation to the following, whether the streets are within the City of Greenville, within its ETJ area:

1.     Existing and planned streets or driveways,

2.     Topographical conditions (the street layout shall, to the greatest extent possible, be sited and aligned along natural contour lines, and shall minimize the amount of cut and fill on slopes in order to minimize the amount of land area that is disturbed during construction),

3.     Public safety, and

4.     Their appropriate relation to the proposed uses of the land to be served by such streets.

Reserve or residual strips of land controlling access to or egress from other property, or to or from any street or alley, or having the effect of restricting or damaging the adjoining property for subdivision purposes, or which will not be taxable or accessible [assessable] for improvements shall not be permitted in any subdivision unless such are required by the City in the public interest (such as to enhance public safety or other public interest). All streets shall be constructed in accordance with this ordinance and with the City's Standard Design Manual.

b.     Adequacy of Streets and Thoroughfares.

1.     Responsibility for Adequacy of Streets and Thoroughfares. The developer shall ensure that the subdivision is served by adequate streets and thoroughfares, and shall be responsible for the costs of rights-of-way and street improvements, in accordance with the following policies and standards, and subject to the City's cost participation policies on oversized facilities.

2.     General Adequacy Policy. Every subdivision shall be served by improved streets and thoroughfares adequate to accommodate the vehicular traffic to be generated by the development. Proposed streets shall provide a safe, convenient and functional system for traffic circulation; shall be properly related to the City's Thoroughfare Plan, other portions of the Comprehensive Plan and any amendments thereto, and any street classification system.

3.     Street Network. New subdivisions shall be supported by a street network having adequate capacity, ingress/egress, and safe and efficient traffic circulation.

4.     Approach Streets and Access. All subdivisions must have at least two (2) points of vehicular access (primarily for emergency vehicles), and must be connected via improved streets (streets that meet the City's applicable design and width criteria) to the City's improved thoroughfare and street system by one (1) or more approach streets of such dimensions and improved to such standards as required herein.

(a)     Possible Increases Based on TIA – Requirements for dedication of right-of-way and improvement of approach streets may be increased depending upon the size or density of the proposed development, or if such need is demonstrated by Traffic Impact Analysis (TIA).

(b)     Points of Access Defined & P&Z Discretion – “Two (2) points of vehicular access” shall be construed to mean that the subdivision has at least two (2) improved roadway entrances accessing the subdivision from the City's improved thoroughfare system.

(1)     For nonresidential subdivisions, cross access provided through an adjacent lot may count as one (1) entrance if approved by the Director of Community Development.

(2)     The Planning & Zoning Commission may, at its discretion and upon a finding that such will not compromise public safety or impede emergency access, accept a single, median-divided entrance from the City's improved thoroughfare system provided that the median extends into the subdivision for an unbroken length of at least one hundred feet (100') to an intersecting internal street which provides at least two (2) routes to the interior of the subdivision. For example, the entrance street is not a dead-end or cul-de-sac, and it does not create a “bottleneck” allowing only one emergency route into the interior of the subdivision. Residential lots may not front onto any median-divided arterials, and residential driveways may not be located in front of a median. (Also see driveway requirements in Section 3.1.v [3.1.t].)

(c)     Adequate Emergency Access – The subdivision shall be designed to provide adequate emergency access for public safety vehicles. Each residential lot in the subdivision shall have a minimum frontage (measured at the edge of the pavement) on a dedicated public street or approved private access as required by applicable zoning, or equal to thirty feet (30'), whichever is applicable, unless other provisions have been authorized through a Planned Development district. Each nonresidential lot shall have a minimum frontage on a dedicated public street as required by applicable zoning or fifty feet (50'), whichever is applicable, unless other provisions have been authorized through a Planned Development district.

5.     Off-Site Improvements Based on TIA. Where a Traffic Impact Analysis demonstrates the need for off-site facilities, or where the City believes public safety is at risk, the developer shall make such improvements to off-site collector and arterial streets and intersections as are necessary to mitigate traffic impacts generated by the development or in conjunction with related developments. The City may participate in the costs of oversize improvements with the developer as set out herein, and subject to the City's cost participation policies on oversized improvements.

6.     Street Dedications.

(a)     Dedication of Right-of-Way – The developer shall provide all rights-of-way required for existing or future streets, and for all required street improvements, including perimeter streets and approach streets, as shown in the Thoroughfare Plan and as required by the Standard Design Manual or by other valid development plans approved by City Council.

(1)     In the case of perimeter streets, half (1/2) of the total required right-of-way width for such streets shall be provided, unless the proposed development is on both sides of the street or unless there is some other compelling reason to require more than half of the right-of-way width (such as avoiding the infringement upon or demolition of existing structures, avoiding crossing a creek or floodplain or some other obstacle, or other similar circumstance).

(2)     When the proposed development is on both sides of the street, the full right-of-way width shall be provided.

(3)     In some instances, more than half (1/2) of the required width shall be required when a half-street is impractical or unsafe.

(b)     Perimeter Streets – Where an existing improved half-street is adjacent to a new subdivision or addition, the other half of the street shall be dedicated, and an appropriate amount (for safety purposes) of the street shall be improved by the developer of the new subdivision or addition.

(c)     Slope Easements – The dedication of easements, in addition to dedicated rights-of-way shall be required whenever, due to topography, additional width is necessary to provide adequate earth slopes. Such slopes shall be no steeper than three feet (3') horizontal run to one foot (1') vertical height, or a three-to-one (3:1) slope.

7.     General Construction. All improvements required to be constructed by this ordinance shall be constructed (and paved, if applicable) to City standards and within rights-of-way as required by the Thoroughfare Plan and this Ordinance, and in accordance with the Standard Design Manual and other City standards as may be from time to time amended or adopted.

8.     Intersection Improvements and Traffic Control Devices. Intersection Improvements and Traffic Control Devices shall be installed as may be required by the City for traffic safety and efficiency.

9.     Phased Development. Where a subdivision is proposed to occur in phases, the applicant, in conjunction with submission of the Preliminary Plat, shall provide a schedule of development.

(a)     Intended Plan of Development & Dedication of Rights-of-Way – The schedule shall set forth the intended plan of development and dedication of rights-of-way for streets and street improvements, whether on-site or off-site, intended to serve each proposed phase of the subdivision.

(b)     City Determination – The City shall determine whether the proposed streets and street improvements are adequate pursuant to standards herein established, and may require that a Traffic Impact Analysis be submitted for the entire project or such phases as the City determines to be necessary to decide whether the subdivision will be adequately served by streets and thoroughfares.

10.     Private Streets. New subdivisions may be constructed with private streets that meet or exceed the specifications set forth in the Standard Design Manual for similar public streets. The construction of private streets shall be subject to standard City inspections. Any private street subdivisions that were in existence (i.e., platted of record at the County) on the effective date of this Ordinance shall be allowed to remain as private street subdivisions provided that the conditions of the private streets and the maintenance thereof continues to meet or exceed City standards, and provided that a viable homeowners association (HOA) (refer to Section 4.3 for HOA requirements) continues to exist to maintain the private streets and all appurtenances. The City will not assist in enforcing deed restrictions. The City may periodically inspect private streets, and may require any repairs necessary to ensure efficient emergency access and to protect the public health, safety, convenience and welfare.

(a)     Private Streets: Construction and Maintenance Cost – The City shall not pay for any portion of the cost of constructing or maintaining a private street.

(b)     Private Streets: Traffic Control Devices – All private traffic control devices and regulatory signs shall conform to the “Texas Manual of [on] Uniform Traffic Control Devices”, as amended, and to City standards.

(c)     Private Streets: Restricted Access – The entrances to all private streets shall be clearly marked with a sign, placed in a prominent and visible location, stating that the streets within the subdivision are private, and that they are not maintained nor regularly patrolled by the City. All restricted access entrances shall be manned twenty-four (24) hours every day, or they shall provide a reliable, alternative means of ensuring access into the subdivision by the City, by emergency service providers, and by other utility or public service providers, such as postal carriers and utility companies, with appropriate identification. The method to be used to ensure City and emergency access into the subdivision shall be approved by the City's Fire Department and by any other applicable emergency service providers. If the homeowners association (HOA) fails to maintain reliable access as required herein, the City may enter the private street subdivision and remove any gate or device which is a barrier to access at the sole expense of the association.

(d)     Private Streets: Waiver of Services – Certain City services may not be provided for private street subdivisions. Among the services which may not be provided include routine law enforcement patrols, enforcement of traffic and parking regulations, and preparation of accident reports. Depending upon the characteristics of the development and upon access limitations posed by the design of entrances into the subdivision, other services (such as sanitation) may also not be provided.

(e)     Private Streets: Petition to Convert to Public Streets – The homeowners association (HOA) may petition the City to accept private streets and any associated property as public streets and right-of-way upon written notice to all association members and upon the favorable vote of a majority of the membership. However, in no event shall the City be obligated to accept said streets as public. Should the City elect to accept the streets as public, then the City has the right to inspect the private streets and to assess the lot owners for the expense of needed repairs concurrent with the City's acceptance of the streets. The City shall be the sole judge of whether repairs are needed. The City may also require, at the association's or the lot owners' expense, the removal of any guard houses, access control devices, landscaping or other aesthetic amenities located within the street right-of-way or within any other common area. The City may also require the dedication of additional street right-of-way.

(f)     Private Streets: Hold Harmless – The homeowners association (HOA), as owner of the private streets and appurtenances, shall release, indemnify, defend and hold harmless the City, any other governmental entity, and any public utility entity for damages to the private streets that may be occasioned by the reasonable use of the private streets by same, and for damages and injury (including death) arising from the condition of the private streets, out of any use of access gates or cross arms, or out of any use of the subdivision by the City or governmental or utility entity.

c.     Required Components of Traffic Impact Analysis. Whenever a TIA is conducted, the following elements shall be included:

1.     General Site Description. The TIA shall include a detailed description of the street network within one (1) mile of the site, a description of the proposed land uses, the anticipated states of construction, and the anticipated completion date of the proposed land development. This description, which may be in the form of a map, shall include the following items:

(a)     All major intersections;

(b)     All proposed and existing ingress and egress locations;

(c)     All existing street widths and rights-of-way; and

(d)     All existing traffic signals and traffic-control devices.

2.     Proposed Capital Improvements. The TIA shall identify any changes to the street network within one (1) mile of the site that are proposed by any government agency or other developer. This description shall include the above items as well as any proposed construction project that would alter the width or alignment of streets affected by the proposed development.

3.     Street Impact Analysis.

(a)     Transportation Impacts

(1)     Trip Generation. For the proposed use, items required to determine trip generation shall be based upon the trip generation rates contained in the most recent edition of the Institute of Transportation Engineers' Trip Generation book, or shall be based upon data generated by actual field surveys of area uses comparable to the proposed use and approved by the City. The following items shall be required to determine trip generation: 1) average weekday trip generation rates (trip ends); 2) the average weekend trip generation rates (for uses other than residential or institutional); 3) the highest average a.m. and p.m. hourly weekday trip generation rates; and, 4) the highest hourly weekend generation rates (for uses other than residential or institutional).

(2)     Trip Distribution. Within the study area identified in Subsection 3.1.e.1 [c.1] (General Site Description) above, the distribution of trips to arterial and collector streets shall be in conformity with accepted traffic engineering principles, taking into consideration: 1) the land use categories of the proposed development; 2) the area from which the proposed development will attract traffic; 3) competing developments (if applicable); 4) the size of the proposed development; 5) development phasing; 6) surrounding existing and anticipated land uses, population and employment; 7) existing and projected daily traffic volumes; and, 8) existing traffic conditions identified pursuant to Subsection 3.1.e.1 [c.1] above.

(b)     Adequacy Determination – The street network included within the TIA shall be considered adequate to serve the proposed development if existing streets identified as arterials and collectors can accommodate the following at a level of service “C” or above (as described within the City's Comprehensive Plan):

(1)     The existing service volume, and

(2)     The service volume of the proposed development, and

(3)     The service volume of approved, but unbuilt developments holding valid, unexpired building permits.

4.     Intersection Analysis.

(a)     Level of Service Analysis – For intersections within the street TIA area described in Subsection 3.1.e.1 [c.1] herein (General Site Description), a level of service analysis shall be performed for all arterial-to-arterial, arterial-to-collector, collector-to-arterial, and collector-to-collector intersections, and for any other pertinent intersections identified by the City. Also, level of service analyses will be required on all proposed site driveway locations for all nonresidential developments.

(1)     The City may waive analysis of minor intersections and site driveway locations within the TIA's one-mile radius.

(2)     The level of service analysis shall be based upon the highest hourly average a.m. or p.m. peak weekday volume or highest average hourly peak weekend volume as determined from a two-day survey of weekday volumes and, where necessary, a one-day survey of weekend volumes.

(3)     The level of service analysis shall take into consideration:

i.     The lane geometry,

ii.     Traffic volume,

iii.     Percentage of right-hand turns,

iv.     Percentage of left-hand turns,

v.     Percentage (and typical size) of trucks,

vi.     Intersection width,

vii.     Number of lanes,

viii.     Signal timing and progression,

ix.     Street grades,

x.     Pedestrian and bicycle flows,

xi.     School routes,

xii.     Number of accidents, and

xiii.     Peak hour factor.

(b)     Adequacy Analysis – The intersections included within the TIA shall be considered adequate to serve the proposed development if existing intersections can accommodate

(1)     The existing service volume, and

(2)     The service volume of the proposed development, and

(3)     The service volume of approved, but unbuilt developments holding valid, unexpired building permits.

d.     Arrangement of Streets Not Shown on the Thoroughfare Plan. For streets that are not shown on the City's Thoroughfare Plan, such as local residential streets, the arrangement of such streets within a subdivision shall:

1.     Provide for the continuation or appropriate projection of existing streets from or into surrounding areas;

2.     Conform to a plan for the neighborhood approved or adopted by the City to meet a particular situation where topographical or other conditions make continuance or conformity to existing streets impractical;

3.     Provide for future access, such as by stubbing streets for future extension, to adjacent vacant areas which will likely develop; and

4.     Not conflict in any way with existing or proposed driveway openings – including those on the other side of an existing or planned median-divided arterial, in which case new streets shall align with such driveway openings such that median openings can be shared.

e.     Discouraging Through Traffic in Residential Development. Residential collector streets and minor residential streets shall be laid out such that their use by through traffic will be discouraged, such as via circuitous routes or multiple turns or offsets, but such that access is provided to adjacent subdivisions.

1.     Wherever the right-of-way width of a collector or residential street must transition to a greater or lesser width, such transition shall occur along the front, side or rear lot lines of adjacent lots (for a reasonable distance) and shall not occur within the street intersection itself. In other words, the right-of-way width shall be the same on both sides of the street intersection.

2.     Direct vehicular access from single family or two family residential lots onto collector or arterial streets shall be prohibited except as permitted herein. No more than twenty percent (20%) of the total centerline length of a collector street shall be permitted to have residential lots fronting onto the collector on each side of the street. Such calculations shall be submitted with the Preliminary Plat application, thereby verifying that lots fronting onto a collector street do not exceed this allowed percentage.

3.     At least thirty percent (30%) of the total centerline length of all streets (including collector streets) within a residential subdivision containing thirty (30) lots or more – or within each phase of a residential subdivision, unless otherwise approved by City to apply to the subdivision in its entirety rather than each individual phase – shall be curvilinear in design except the minimum centerline radius for residential streets shall be one hundred and fifty feet (150'). Calculations shall be submitted with the Preliminary Plat application, thereby verifying that this requirement is being met.

f.     Residential Subdivision Abutting or Containing an Existing or Proposed Arterial Street. Where a residential subdivision abuts or contains an existing or proposed arterial street, the City may require marginal access streets, reverse frontage lots (lots which back onto the arterial), or such treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

g.     Reserve Strips Prohibited. Reserve strips controlling access to streets shall be prohibited, except where their control is required by the City.

h.     Centerline Offsets. Intersecting, undivided streets with centerline offsets of less than one hundred and fifty feet (150') shall be prohibited. Intersecting streets onto an existing or future divided street shall be configured such that the centerline offset will accommodate the appropriate median opening and left-turn lanes (with required transition and stacking distances) on each divided street, and shall be aligned with any existing or proposed streets or driveways on the opposite side of the divided street (in order to share the median opening).

i.     Degree Required for Intersections. A street intersection with a major thoroughfare shall be at a ninety degree (90°) angle and shall be tangent for at least one hundred feet (100'). All other street intersections shall be laid out so as to intersect as nearly as possible at a ninety degree (90°) angle or radial to the centerline of the intersecting street for the full right-of-way width of the intersecting street, and tangent to the intersecting street for at least fifty feet (50'). No street shall intersect at an angle that is less than eighty-five degrees (85°).

j.     Spacing of Intersections. Intersections of arterial streets shall be at least eight hundred (800) feet apart.

k.     Street Section Requirements. Typical street sections shall be based upon projected traffic volume, existing soil conditions, and drainage condition and requirements. Street right-of-way widths shall be as shown on the Thoroughfare Plan, in the City's Standard Design Manual, and shall specifically be as follows:

1.     Major arterials shall have a right-of-way width of at least one hundred and ten feet (110') with a pavement width of at least two (2) thirty-six-foot (36') sections separated by a fourteen-foot (14') wide raised median.

2.     Minor arterials shall have a right-of-way width of at least ninety feet (90') with a pavement width of at least two (2) twenty-five-foot (25') sections separated by a fourteen-foot (14') wide raised median.

3.     Commercial collectors shall have a right-of-way width of at least seventy feet (70') with a pavement width of at least forty-nine feet (49').

4.     Residential collectors shall have a right-of-way width of at least sixty feet (60') with a pavement width of at least forty-one feet (41').

5.     Local streets (not specifically shown on the Thoroughfare Plan) shall have a right-of-way width of at least fifty feet (50') and a pavement width of at least thirty-one feet (31').

6.     Open-ditch streets shall have a right-of-way width and pavement width as required in the Standard Design Manual. Open-ditch streets may be permitted only within a single-family subdivision where all lots within the subdivision are one (1) acre or larger.

l.     Street Loading Requirements. Refer to the City's Standard Design Manual.

m.     Half-Streets. Unless otherwise provided within this Subsection, only full-width streets shall be constructed. If the exceptions outlined herein are applicable, the City's permission for the construction of half-streets shall be noted on the plat.

1.     Construction of half (1/2) streets shall be prohibited, except:

(a)     When essential to the reasonable development of the subdivision in conforming with the other requirements of this Ordinance and the Thoroughfare Plan, and

(b)     Where the City makes a determination that there is no immediate need to be gained by constructing the full street section since no access from the street will be needed by the subdivision in question, or

(c)     Where the City determines that it would be more practical, or cost effective, to delay construction of the other half of a street until the adjoining property is developed.

2.     Whenever a partial street has been previously platted along a common property line, the other portion of the street right-of-way shall be dedicated such that the right-of-way is increased to the street's ultimate planned width.

n.     Maximum & Minimum Length of Block or Street Segments. The maximum length of any block or street segment, including a looped street, shall be two thousand [feet] (2,000') and the minimum length of any block or street segment shall be five hundred feet (500'), as measured along the street centerline and between the point(s) of intersection with other through streets. A cul-de-sac or dead-end street shall not be considered a through street. The block length is not measured along the side of a block that does not include the front of any lot.

o.     Maximum Length of Cul-de-Sac Streets. A cul-de-sac street shall not be longer than seven hundred and fifty feet (750'), and at the closed end shall have a turnaround bulb with an outside pavement diameter of at least eighty feet (80') and a right-of-way diameter of at least one hundred feet (100'). The length of a cul-de-sac shall be measured from the centerline of the intersecting street to the centerpoint of the cul-de-sac bulb.

p.     City Council Waivers/Suspensions of Overlength Streets or Cul-de-Sacs. The City Council may approve waivers/suspensions (procedures for which are outlined in Section 1.11 of this Ordinance) for overlength streets or cul-de-sacs, whether temporary or permanent, upon considering the following:

1.     Alternative designs;

2.     The effect of overlength streets upon access, congestion, delivery of municipal services, and upon convenience to residents of the subdivision in traveling to and from their homes; and

3.     Means of mitigation, including additional midblock street connections, limitation on the number of lots to be served along an overlength street segment or cul-de-sac, points of emergency access, and additional fire protection measures.

q.     Dead-End Streets. No dead-end streets shall be approved, except where no other alternative is available, and unless such dead-end streets are provided to connect with future streets on adjacent land (i.e., the dead-end street is a stub-out street).

1.     In the case of dead-end streets which will eventually be extended into the adjacent subdivision, no more than one lot (per side) can front onto the dead-end street stub unless a temporary turnaround bulb (with the appropriate temporary street easement) is provided at the end.

2.     A temporary dead-end street shall not exceed the maximum allowed length of a normal cul-de-sac and the temporary turnaround bulb must be constructed like a cul-de-sac, as provided in Subsection q [o] above. The City Engineer may authorize the use of asphalt or other durable paving material than concrete for the arc, or “wing”, portions of the temporary turnaround bulb in order to minimize the cost of removing those portions when adjacent development occurs.

3.     A note shall be placed on the Final Plat clearly labeling any temporary dead-end streets (if any) that will at some point be extended into the adjacent property.

4.     Signage shall be placed at the end of the constructed street stub, such as on the barricade, also stating that the street will be extended in the future. Signage and related lettering must be large enough to be legible by a person with normal vision at a twenty-foot (20') distance.

5.     Any required temporary turnaround easements shall be shown on the Final Plat along with their appropriate recording information, if they are off-site or are established by separate instrument.

r.     New Streets Extending Existing Streets. New streets which extend existing streets shall bear the names of the existing streets, and shall be dedicated at equal or greater right-of-way widths than the existing streets for an appropriate transition length, if applicable.

s.     Construction of Streets. All streets shall be constructed in accordance with specifications as set forth in the Standard Design Manual of the City of Greenville at the time at which the Preliminary Plat application is officially submitted and deemed a complete application, unless such Preliminary Plat expires. After expiration and if applicable, all streets shall be constructed in accordance with specifications in place at the time a new Preliminary Plat is officially submitted and deemed a complete application.

t.     Driveway Access – Residential & Nonresidential. Driveway access onto streets shall generally be provided and designed in accordance with the City's Standard Design Manual and construction standards that are in effect at the time the Preliminary Plat application is officially submitted and deemed a complete application. If regulations for driveways within the Standard Design Manual are more stringent than those in the following, the regulations within City's Standard Design Manual shall be met.

1.     Residential Driveway Cuts on Non-TXDOT Roadways. Residential driveway cuts shall not be allowed on streets that are larger than a residential collector street (60-foot right-of-way) unless specifically approved by the City on the Preliminary Plat. Residential driveways shall be at least thirty feet (30') from any intersection (see Figure 3.)

Editor's note–Figure 3 mentioned above was not included in Ordinance 06-117.

2.     Nonresidential Driveway Cuts on Non-TXDOT Roadways – Number. The maximum number of nonresidential driveway cuts permitted shall not exceed the following, according to the nonresidential lot size:

(a)     One (1) driveway cut for lot frontages of one hundred feet (100') or less;

(b)     Two (2) driveway cuts for lot frontages of one hundred and one feet (101') to four hundred feet (400') or less;

(c)     Three (3) driveway cuts for lot frontages of four hundred and one feet (401') to six hundred feet (600');

(d)     Four (4) driveway cuts for lot frontages greater than six hundred feet (600').

3.     Nonresidential Driveway Cuts on Non-TXDOT Roadways – Separation. The minimum separation between driveways shall be not be less than the following distances:

(a)     Fifty feet (50') when more than one driveway cut is provided to serve a lot;

(b)     Thirty feet (30') on local streets;

(c)     Sixty feet (60') on collector streets;

(d)     One hundred feet (100') on arterial streets.

(e)     One hundred feet (100') or a distance equal to 60% of the lot frontage (whichever is less) on any type of street from an intersection.

4.     Nonresidential Driveway Cuts on Non-TXDOT Roadways – Shared Access. Shared access driveways are encouraged by the City in order to ensure public safety access by providing mutual/common access to a median opening, to minimize the number of driveway cuts on streets, thereby maintaining street mobility, and to facilitate traffic flow between adjacent lots. (See Figure 5.)

(a)     A shared mutual access easement(s) for a driveway(s) may be required between adjacent lots fronting on an arterial or collector street, as designated on the Thoroughfare Plan (as the street exists or is planned to be improved in the future);

(b)     The location and dimensions of such easement(s) shall be determined by the Director of Community Development.

(c)     Such easements shall be noted on the Preliminary Plat and Final Plat with the language specified in the appropriate checklist provided by the City.

5.     Nonresidential Driveway Cuts on Non-TXDOT Roadways – Cross Access Internal Driveways. Cross access easements for internal driveways are encouraged by the City in order to minimize the number of driveway cuts on streets, thereby maintaining street mobility, and to facilitate traffic flow between adjacent lots. (See Figure 5.)

(a)     A cross access easement(s) for an internal driveway(s) may be required between adjacent lots;

(b)     The location and dimensions of such easement(s) shall be determined by the Director of Community Development.

(c)     Such easements shall be noted on the Preliminary Plat and Final Plat with the language specified in the appropriate checklist provided by the City.

6.     Driveway Cuts (Residential and Nonresidential) on TXDOT Streets. All driveway cuts that are associated with Texas Department of Transportation (TXDOT) streets (e.g., State highways) shall:

(a)     Meet the requirements of TXDOT's Access Management Manual (as may be amended) and Roadway Design Manual (as may be amended), as applicable for the spacing and design of the driveway, unless City standards are more stringent, in which case City standards shall be met; and

(b)     Shall be approved by the City only after a permit for such driveway cut has been issued by TXDOT and submitted to the City.

7.     Maintenance Agreements. An agreement that provides for the perpetual maintenance of a shared driveway, cross access internal driveway, or any other common facility is required and must be filed at the time of Final Plat approval. All agreements are subject to review and approval by the City Attorney.

   Section 3.2:     Alleys

a.     Application of Standards. The standards for alleys within this section shall be applicable to any alleys provided or constructed by a developer in any development in Greenville or its ETJ.

b.     Residential Alleys.

1.     In residential districts, alleys shall be parallel, or approximately parallel, to the frontage of the street. Alleys in residential districts shall provide a minimum of fifteen feet (15') of right-of-way and ten feet (10') of pavement.

c.     Nonresidential Alleys. Service alleys in nonresidential districts shall have a minimum right-of-way width of twenty-one feet (21') and a pavement width of sixteen feet (16').

d.     General Design Standards for Alleys.

1.     Pavement. Alleys shall be paved in accordance with the City of Greenville's Standard Design Manual and construction standards that are in effect at the time the Preliminary Plat application is officially submitted and deemed a complete application.

2.     Turnouts & Street Entrances. Alleys shall have adequate turnouts and street entrances such that vehicular traffic flow is continuous and efficient. Where a temporary dead-end alley situation is unavoidable, a temporary turnaround bulb having a minimum radius of forty feet (40') or a turnout onto a street, either of which will need a temporary easement for street or alley purposes, shall be provided as determined by the City Engineer; in such case, the developer shall pay for and post a sign that meets City specifications at the entrance denoting the dead-end alley.

3.     Maximum Length & Waivers/Suspensions. Alleys shall not exceed a maximum length of one thousand feet (1,000'), as measured along the centerline of the alley and between intersections with other alleys or entrances onto streets (at the right-of-way line of the street at the alley entrance). The City Council may approve waivers/suspensions for overlength alleys upon consideration of the following:

(a)     Alternative designs;

(b)     The effect of overlength alleys upon access, congestion, delivery of municipal services, and upon convenience to residents of the subdivision in accessing rear driveways and in driving around to the front of their homes; and

(c)     Means of mitigation, including but not limited to additional midblock alley turnouts, limitation on the number of lots to be served along a single alley segment, points of access, and additional fire protection measures.

4.     Intersections. Alley intersections shall be perpendicular and at a ninety degree (90°) angle or radial to the intersecting alley centerline for the full alley right-of-way width. Intersection pavement design shall be of sufficient width and inside radius to accommodate waste collection and emergency vehicles. Intersections shall be three-way wherever possible, and four-way intersections shall be avoided. No alley intersection serving more than four (4) directions shall be allowed.

   Section 3.3:     Easements

a.     Width of Easements.

1.     Utility. The minimum width for City utility easements shall be in accordance with the standards outlined in the Standard Design Manual and shall be adequate for the installation and maintenance of utilities that are likely to be located in the easement.

2.     Drainage. The minimum width for City drainage easements shall be as required by the City Engineer.

3.     Storm Drainage or Floodway. Where a subdivision is traversed by a watercourse, drainageway or channel, there shall be provided a storm drainage easement or right-of-way conforming substantially with such course and of such additional width as may be designated by the City Engineer, subject to determination according to proper engineering considerations. The required width shall conform to the requirements set forth by the Federal Emergency Management Agency (FEMA), the U.S. Army Corps of Engineers, and/or the City. Parallel streets or parkways are encouraged adjacent to certain portions of creek[s] or drainageways to provide maintenance access and/or public access and visibility into public open space or recreation areas. Utilities may be permitted within a drainage or floodway easement only if approved by the City Engineer and any other applicable entity requiring the drainage or floodway easement.

4.     Other. The width of easements for other utility providers, such as for gas, electric, telephone or cable television, shall be as required by that particular entity. It shall be the applicant's responsibility to determine appropriate easement widths required by other utility companies (also see Section 3.8).

b.     Location of Easements. Easement shall be located to accommodate the optimal design (as determined by the City) of the various utility and drainage systems that will serve the subdivision, and shall be provided in locations to accommodate any public purpose deemed necessary to protect the public health[,] safety and welfare. In residential subdivisions, where alleys are not provided, a minimum ten foot (10') wide utility easement shall be provided along the front and rear of all lots, adjacent to and flush with the street right-of-way line for the potential placement of utility facilities.

c.     Computation of Lot & Buildable Area. A lot's area shall be computed inclusive of all easements. However, there shall be a minimum buildable area, exclusive of required easements, buffer zones and setbacks for each lot. The minimum buildable area shall be an area one-half (1/2) of the required minimum lot size. If the City disputes the buildable area of any lot, the applicant shall submit verification in writing that the buildable area is adequate for the type of housing product (or nonresidential building) proposed for that lot. Final approval of the allowed buildable area for any lot shall be by the City.

d.     On-Site Easements Shown on Plat. For new development, all necessary on-site easements shall be established on the plat and not by separate instrument, and they shall be labeled for a purpose, such as for franchised public utilities. Other examples include, but are not limited to, the following: a drainage easement, which is dedicated to the City for a drainage structure; an access easement, which is dedicated to the public for unrestricted access purposes; a fire lane easement, which is dedicated to the City and its fire suppression and emergency medical service providers for access purposes; and an electrical, gas, or telephone easement which is dedicated to the specific utility provider that requires the easement.

e.     Visibility Easements:

1.     Type of Intersection. Whenever an intersection of two (2) or more public rights-of-way occurs, a triangular visibility area shall be created. The visibility easement for each type of intersection shall be as follows:

(a)     Intersection of two major arterials: forty feet (40') from the intersection right-of-way;

(b)     Intersection of a collector or local street onto a major arterial: twenty-five feet (25') from the intersection right-of-way;

(c)     Intersection of two collector or local streets (or one of each): twenty-five feet (25') from the intersection right-of-way; and

(d)     Intersection of two alleys: twenty feet (20') from the intersection right-of-way.

2.     Fixed Items. The maximum height of fences, walls, signs, and other similar fixed items shall be thirty inches (30") within the visibility easement.

3.     Landscaping. All landscaping (and any other fixed feature) within the triangular visibility area shall be designed to provide unobstructed cross-visibility at a level between thirty inches (30") and eight feet (8'). A limited number of single-trunked trees may be permitted in this area provided they are trimmed in such a manner that no limbs or foliage extend into the cross-visibility area. Landscaping, except grass and low ground cover, shall not be located closer than three feet (3') from the edge of any street pavement.

   Section 3.4:     Blocks

a.     Determination. The length, width and shapes of blocks shall be determined with due regard to the following:

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

2.     Zoning requirements as to lot sizes, setbacks and dimensions (if within the City's corporate limits); and

3.     Needs for convenient access, circulation, control and safety of street traffic and for pedestrians or bicyclists traveling to a public park or school site or other facility within or close to the neighborhood.

b.     Lengths & Widths. Intersecting streets, which determine the lengths and widths of blocks, shall be provided at such intervals as to serve cross-traffic adequately, to provide adequate fire protection, and to conform to customary subdivision practices. Where no existing subdivision or topographical constraints control, block lengths shall be in accordance with Subsection 3.1.p of this Subdivision Ordinance. However, in cases where physical barriers or property ownership creates conditions where it is appropriate that these standards be varied, the length may be increased (through issuance of a waiver/suspension by the City Council) or decreased to meet the existing conditions having due regard for connecting streets, circulation of traffic and public safety.

   Section 3.5:     Sidewalks

a.     Provided in Residential & Nonresidential Areas. Pedestrian concrete walkways (sidewalks) not less than the following width shall be provided along both sides of newly constructed streets, according to the type of development and street along which they are constructed, as follows:

 

Arterials

Collectors

Local Streets

    

Residential Subdivisions For Single-Family Development

4 feet

4 feet

4 feet

    

Residential Subdivisions For Single-Family Attached, Patio Home, and Duplex Development

5 feet

4 feet

4 feet

    

Residential Subdivisions for Manufactured Home or Multiple-Family Development

6 feet

5 feet

5 feet

    

Nonresidential Subdivisions

6 feet

6 feet

6 feet

b.     Construction standards for sidewalks shall be as set forth in the City of Greenville's Standard Design Manual.

c.     Provided Along Perimeter Streets.

1.     All sidewalks along a perimeter street or arterial are considered part of the overall development's required public improvements. A Certificate of Occupancy will not be issued for any lot within the subdivision until the required sidewalks are in place or appropriate surety is provided.

2.     The cost and provision of any perimeter sidewalks, such as along major thoroughfares, may be escrowed as a part of a developers agreement, if approved by the City Council. The City has the right, but not the obligation, to refuse escrow and to require paving of the sidewalks if, in its sole opinion, immediate provision of the sidewalks is necessary for safe pedestrian circulation or if it would otherwise protect the public health, safety, convenience or welfare. (Also see to Section 6.2.)

d.     Pedestrian Access. The City may require, in order to facilitate access from the streets and streets to schools, parks, playgrounds or other nearby streets, perpetual unobstructed easements of up to fifteen feet (15') in width. The improved pedestrian surface that provides such access must be within the easement.

   Section 3.6:     Lots

a.     Requirements of the Zoning District If Applicable. Lots shall conform to the minimum requirements of the established zoning district, if located within the City's corporate limits.

b.     Minimum Frontage on a Public Street. Each lot on a subdivision plat shall front onto a dedicated, improved public street unless platted as an approved private street subdivision in accordance with this Ordinance (see Subsection 3.1.b.10.). In all cases in which zoning does not apply, lots shall have a minimum of thirty feet (30') of frontage along the pavement edge of a dedicated, improved street.

c.     Irregularly Shaped Lots. Irregular-shaped lots shall have sufficient width at the building line to meet lot width and frontage requirements of the appropriate zoning district (if within the City's limits). Such lots shall also provide a reasonable building pad without encroachment into front, side or rear yard setbacks or into any type of easement. Also, the rear width shall be sufficient to provide access for all necessary utilities, including access for driveways and solid waste collection when alleys are present (minimum 20-foot alley frontage). In general, triangular, severely elongated or tapered, “flag” or “panhandle” lots shall be avoided, and the City reserves the right to disapprove any lot which, in its sole opinion, will not be suitable or desirable for the purpose intended, which is an obvious attempt to circumvent the purpose and intent of lot configuration or lot width minimums, or which is so oddly shaped as to create a hindrance to the logical lot layout of surrounding properties.

d.     Side Lot Lines. Side lot lines shall be at ninety degree (90°) angles or radial to street right-of-way lines to the greatest extent possible. The City reserves the right to disapprove any lot which, in its sole opinion, is shaped or oriented in such a fashion as to be unsuitable or undesirable for the purpose intended, or which is not appropriately oriented toward its street frontage.

e.     Double Frontage Lots. Double frontage lots shall be avoided, except where they may be essential to provide separation of residential development from arterial or collector streets, as defined in Section 3.1, or to overcome a specific disadvantage or hardship imposed by topography or other factors. Where lots have double frontage, appropriate building setback lines shall be established for each street side, and rear yard screening shall be provided in accordance with Section 5.7. Except as provided within this subsection, residential lots shall not back onto any residential street or collector street within a residential area or neighborhood, and shall not have more than one-half (1/2) of their perimeter boundaries along streets.

f.     Lot Depth in the ETJ. Any lot in the City's ETJ shall not exceed a depth greater than four (4) times its width.

g.     Computation of Lot & Buildable Area. A lot's area and buildable area shall be computed as outlined in Subsection 3.3.c.

   Section 3.7:     Building Lines

a.     Front building lines shall be shown on all plats (i.e., all types) for all lots.

b.     For property that is within the City, building lines shall be consistent with the Zoning Ordinance requirements for the district in which the development is located and with any other applicable City ordinance.

c.     For property that is within the City's extraterritorial jurisdiction, the minimum front building line for all lots (residential or nonresidential) shall be thirty feet (30').

   Section 3.8:     Utility Services (not provided by the City of Greenville)

a.     Meanings. For purposes of this Section, the following meanings shall apply:

1.     “Utility services” – The facilities of any person, firm or corporation providing electric, natural gas, telephone, cable television, internet, or any other such item or service for public use approved but not provided by the City of Greenville, except that the term “utility services” shall apply to the provision of electric, cable, internet, or any other utility service provided by GEUS, the municipal electric utility owned by the City of Greenville.

2.     “Feeder or feeder/lateral line” – High voltage supply electric lines carrying more than 69,000 volts that emanate from substations used to distribute power through an area to an unspecified number of customers.

3.     “Lateral lines” – Those electric or telephone lines used to distribute service from a feeder line to a single subdivision. These electric lines are normally connected to a feeder line through a sectionalizing device such as a fuse.

4.     “Service lines” – Those lines used to connect between the utilities' system or lateral lines and the end user's meter box.

b.     Provision for Utility Services. All subdivision plats and engineering plans submitted to the City of Greenville for approval shall provide for utility services such as electrical, gas, telephone and cable television utility lines, including lateral or service distribution lines, and wires to be placed underground. Feeder and other major transmission lines may remain overhead within the appropriate easements.

1.     Feeder Lines.

(a)     An applicant shall endeavor and, whenever practical, the City shall require that feeder lines are placed away from major or minor thoroughfares or arterials, as shown on the Thoroughfare Plan.

(b)     Whenever practical, feeder lines which are to be placed overhead shall not be placed along both sides of the street right-of-way.

2.     Utility Companies.

(a)     The locations, widths and configurations of easements for any utility service provider other than the general utility easements dedicated to the City of Greenville shall be determined, approved and acquired (if necessary) by the applicable utility service provider.

(b)     Each of the utility companies shall be responsible for developing administrative policies, criteria for easement size, and cost reimbursement procedures for the installation and extension of their underground utilities.

(c)     Nothing herein shall prohibit or restrict any utility company from recovering the difference in cost of overhead facilities and underground utilities from the developer in accordance with the provisions of such utility's approved tariff.

(d)     No utility company shall be required or permitted to begin construction of underground facilities unless and until the developer of the subdivision has made arrangements satisfactory to the specific utility company for the payment of such difference between the cost of overhead facilities and underground facilities.

c.     Electrical & Telephone Support Equipment. All electrical and telephone support equipment, including amplifiers and switching devices necessary for underground installations, shall be pad- or ground-mounted, or shall be placed underground and not overhead, unless the subdivision is served from perimeter overhead electrical facilities.

d.     Temporary Overhead Lines & Facilities. Temporary construction service may be provided by overhead electric lines and facilities without obtaining a waiver/suspension or special exception, provided that when the underground utility service to any portion of a subdivision is completed, such overhead electric lines and facilities are promptly removed.

e.     Existing Facilities. Nothing in this Section shall be construed to require any existing facilities in place prior to the effective date of this Ordinance to be placed underground.

f.     Metering. The metering for utilities such as water, gas and electricity shall be located on the individual lots to be served, not grouped together in a centralized location(s), such as “gang-box” style metering stations, which shall not be permitted.

g.     Inspection By the City & Conformance With City Standards. All utility installations shall be subject to inspection by the City, and shall be in conformance with any applicable City design standards related to their placement within public rights-of-way within easements, or elsewhere in the City (including on private property).

h.     Location of Utilities within Easements and Rights-of-way. The City may designate or assign locations for the installation of utilities within easements or rights-of-way dedicated to the City.

   Section 3.9:     Water and Wastewater Facility Design

a.     Connections for Water. All new subdivisions shall be connected with the City's water system or other water supply system approved by TCEQ, and shall be capable of providing water for health and emergency purposes, including fire protection. An alternative source of water may be used for irrigation purposes only for nonresidential uses (e.g., a public park, a public school, etc.), subject to City approval and provided that all appropriate permits are procured from the City, the U.S. Army Corps of Engineers, the TCEQ and any other applicable agency(s). Such alternative water source may not be used for potable water supply under any circumstances or be connected to the City's or any public supply system. The design and construction of water system improvements and alternative water sources shall comply with the following standards:

1.     Applicable regulations of the Texas Commission on Environmental Quality (TCEQ).

2.     Standards in the City's Standard Design Manual, and in accordance with TCEQ standards, whichever is the most stringent requirement.

3.     Fire protection and suppression standards in accordance with the City's Fire Department and the Fire Code adopted by the City.

b.     Connections for Wastewater. All new subdivisions shall be served by a wastewater collection and treatment system authorized and permitted by the TCEQ, except as provided below. The design and construction of the wastewater system improvements shall be in accordance with the standards in the City's Standard Design Manual, and in accordance with TCEQ standards whichever is the most stringent requirement.

1.     On-site sewage facilities such as septic or aerobic systems may be permitted to be installed in subdivisions located in the City's ETJ on one (1) acre or more in area, if the subdivision is one-thousand feet (1000') or more from a connection to a wastewater collection system.

c.     Subdivider Responsibilities. The subdivider shall be responsible for the following:

1.     Phasing of development or improvements in order to maintain adequate water and wastewater services;

2.     Extensions of utility lines (including any necessary on-site and off-site lines) to connect to existing utility mains of adequate capacity;

3.     Providing and/or procuring all necessary easements for the utilities (whether on-site or off-site);

4.     Providing proof to the City of adequate water and wastewater service;

5.     Providing provisions for future expansion of the utilities if such will be needed to serve future developments, subject to the City's oversize participation policies (refer to Section 1.4 and Section 1.12 for information on adequate facilities and proportionality of developer participation), if applicable;

6.     Providing all operations and maintenance of the private utilities, or providing proof that a separate entity will be responsible for the operations and maintenance of the utilities;

7.     Providing all fiscal security required for the construction of the utilities;

8.     Obtaining approvals from the applicable utility providers if other than the City; and

9.     Complying with all requirements of the utility providers, including the City.

d.     Location of Lines. Extension of water and wastewater lines shall be made along the entire frontage of the subdivision adjacent to a street or thoroughfare in rights-of-way or dedicated easements.

1.     If the subdivision is not adjacent to a thoroughfare, the extension of utilities shall be accomplished in such a manner as to allow future connections to said utilities by new subdivisions.

2.     If new subdivisions are not likely to be developed beyond the proposed subdivision (due to physical constraints), the City Engineer may waive the requirement for adjacent utility line construction at the time of Preliminary Plat approval and prior to construction of the subdivision.

e.     Utilities Not Specified. Installation, operations and maintenance of utilities not specifically referenced herein shall comply with regulations of the TCEQ and with any other applicable State rules and regulations, whichever is the most stringent.

f.     Dead-End Water Lines.

1.     Dead-end lines should be avoided, but when deemed necessary, they should be extended to, and then through, the property sought to be subdivided.

2.     All dead-end water lines shall be valved and provided with a valve and fire hydrant located at the extreme end of the line instead of the blow-off mechanism for their flushing, in accordance with current City standard specifications.

g.     Payment of Pro-Rata Charges. Where the proposed subdivision would abut and utilize an existing water main and/or sanitary sewer main of the City, the Developer shall pay to the City any applicable “pro rata” charge per requirements of the City.

   Section 3.10:     Stormwater Collection and Conveyance Systems

a.     Drainage System Generally.

1.     Drainage improvements shall accommodate runoff from the upstream drainage area and shall be designed to prevent overloading the capacity of the downstream drainage system or adversely impacting either upstream or downstream properties.

2.     The City may require the phasing of development, the use of control methods such as retention or detention, or the construction of off-site drainage improvements in order to mitigate the impact of the proposed development.

3.     No stormwater collection system shall be constructed unless it is designed in accordance with this Section and with the City's Standard Design Manual by a licensed professional engineer, and unless it is reviewed and approved by the City Engineer.

4.     All plans submitted to the City Engineer for approval shall include a layout of the drainage system together with supporting calculations for the design of the system.

b.     Drainage Easements Clear. Drainage easements shall be kept clear of all obstructions, such as but not limited to, fences, buildings, trees and shrubs, or other structures or improvements which in any way endanger or interfere with the construction, maintenance, or operation of any drainage system.

c.     Off-Site Drainage.

1.     The owner or developer of the property to be developed shall be responsible for all storm drainage flowing on his property. This responsibility includes the drainage directed to that property by prior development as well as drainage naturally flowing through the property by reason of topography.

2.     Adequate consideration shall be given by the owner in the development of property to determine how the discharge leaving the proposed development will affect downstream property.

3.     On lots or tracts of three (3) acres or more where stormwater runoff has been collected or concentrated, it shall not be permitted to drain onto adjacent property except in existing creeks, channels or storm sewers, unless proper drainage easements or notarized letters of permission from the affected property owner are provided

d.     Erosion & Sedimentation Control. All erosion and sedimentation controls shall conform to the Standard Design Manual and the current National Pollution Discharge Elimination System (NPDES) regulations.

e.     Changing Existing Ditch, Channel, Stream or Drainageway. No person, individual, partnership, firm or corporation shall deepen, widen, fill, reclaim, reroute or change the course or location of any existing ditch, channel, stream or drainageway without first obtaining written permission of the City Engineer and any other applicable agency (such as FEMA or the U.S. Army Corps of Engineers) having jurisdiction. The City Engineer may, at his or her discretion, require preparation and submission of a CLOMAR or flood study for a proposed development if there are concerns regarding storm drainage on the subject property or upstream or downstream from the subject property. The costs of such study, if required, shall be borne by the developer.

f.     Siting of Lots & Building Sites. In order to help reduce stormwater runoff, and resulting erosion, sedimentation and conveyance of nonpoint source pollutants, the layout of the street network, lots and building sites shall, to the greatest extent possible, be sited and aligned along natural contour lines, and shall minimize the amount of cut and fill on slopes in order to minimize the amount of land area that is disturbed during construction.

g.     Approval. Lots in any proposed subdivision shall not be approved until drainage facilities adequate to prevent flooding have been installed or necessary arrangements made for such installation as required under this Ordinance.

h.     Issuance of Building Permits. On any lot designated by the City Engineer as requiring completion or partial completion of drainage improvements prior to building construction, no building permits shall be issued prior to a release authorized by the City Engineer.

   Division IV. PUBLIC SITES & OPEN SPACES
   Section 4.1:     Areas for Public Use

a.     Consideration for Such Areas. The applicant shall give consideration to suitable and adequate sites for schools, parks, playgrounds, and other areas for public use or service so as to conform with the recommendations contained in the City's Comprehensive Plan (as amended), including the Park Master Plan, and other applicable plans. Any provision for parks or other public facilities shall be approved by the City Council prior to approval of the Preliminary Plat by the Planning & Zoning Commission.

   Section 4.2:     Protection of Drainage and Creek Areas

a.     All creeks and drainage channels shall be preserved and protected in their natural condition wherever possible, unless significant storm drainage improvements are required by the City in these areas. All development adjacent to creeks and drainage channels shall be in accordance with the City's Standard Design Manual, and with any other City policies or ordinances related to aesthetics or public access or enjoyment of creeks and waterways.

b.     Definitions and Methodology for Determining the Floodway Management Area (FMA). The definitions for “floodway” and “floodway fringe” shall correspond to those set forth by the Federal Emergency Management Agency (FEMA).

1.     For the purposes of this Ordinance, the Floodway Management Area (FMA) will correspond to the floodway, as defined by FEMA, or as may be modified pursuant to a flood study that is approved by FEMA.

2.     For purposes of the National Flood Insurance Program, the concept of a floodway is used as a tool to assist the local community in the aspect of floodplain management. Under this concept, the area of the 100-year flood is divided into a floodway and floodway fringe. The floodway is the channel of a stream plus any adjacent floodplain areas that must be kept free of encroachment in order that the 100-year flood may be carried without substantial increases in flood heights as defined by FEMA. The area between the floodway and boundary of the 100-year flood is termed the floodway fringe. The floodway fringe is the area which can be reclaimed for development in accordance with rules and regulations established by FEMA and the City's Floodplain Management Ordinance.

c.     Areas Where an FMA is Required. The FMA is intended to apply to a creek or channel which is to remain open or in its natural condition unless otherwise approved by the City. Long Branch Creek, Cedar Creek, East Caddo Creek, Mustang Branch Creek, Farber Creek, Cowleech Fork of the Sabine River, Mullany Creek, Turtle Creek, McGrew Creek, and Town Branch Creek and their related tributaries and streams and all other drainage areas or regulated floodways as referenced on the applicable floodway and flood boundary map (Flood Insurance Rate Map, or FIRM) shall be included in the FMA.

1.     If FEMA does not specify a floodway zone in any of the creeks or their tributaries, it shall be the developer's responsibility to establish and identify the FMA. The determination shall be made by a licensed professional engineer and approved by the City Engineer.

2.     Where improvements to a drainage area are required by other ordinances of the City for the purpose of safety or other reasons related to drainage, those ordinances shall also be observed.

3.     The creek shall remain in its natural state unless improvements are permitted or required by the City due to the pending development of properties adjacent to or upstream of the required improvements.

d.     Ownership and Maintenance of the FMA.

1.     The area determined to be the FMA shall be designated on the Preliminary Plat. Accurate locations of the FMA, both horizontally and vertically, shall be established on the Preliminary Plat and prior to site construction. At the City's option, the FMA shall be protected by one of the following methods:

(a)     Dedicated to the City of Greenville subject to prior approval by the City Council per Section 4.1(a).

(b)     As easement(s) – Creeks or drainageways on tracts which have private maintenance provisions, can be designated as the FMA by an easement to the City on the Preliminary Plat (with the appropriate plat language, as required by the City). Subdivisions with platted single-family or two-family lots may designate the FMA by easement provided there are adequate maintenance provisions (such as by a mandatory homeowners association), but no lots or portions of lots may be platted in the easement unless specifically allowed by the City. The area designated as FMA may be identified by a tract number.

(c)     Certain recreational uses normally associated with or adjacent to flood-prone areas (no structures allowed in the FMA), such as golf courses or certain types of parks. The uses allowed shall be in conformance with the Zoning Ordinance, if the subdivision is located within the City, and shall be approved by the Planning & Zoning Commission.

2.     Prior to acceptance of any drainageway as an FMA by the City, the area shall be cleared of all debris and brush (except for trees) and placed in a maintainable state. Floodway management areas dedicated to the City shall be left in a natural state except those areas designated for active recreational purposes and unless storm drainage requirements do not permit this to occur.

e.     Design Criteria. The following design criteria shall be required for development adjacent to the FMA (also see Figure 4 on the following page):

Editor's note–Figure 4 mentioned above was not included in Ordinance 06-117

1.     Adequate access shall be provided to and along the FMA for public and/or private maintenance. An unobstructed area a minimum of twenty feet (20') wide with a maximum 5:1 slope (five feet horizontal to one foot vertical), the length of the floodway shall be provided adjacent to or within the FMA. On the opposite side of the drainage area, an unobstructed area a minimum of five feet (5') in width shall be provided. If ownership is to the centerline of the drainage channel, then the subdivider shall only be required to provide adequate access to one (1) side.

2.     Lots in a single-family, PD single-family, or duplex residential zoning district shall not be platted within the FMA.

(a)     If lots back or side onto an FMA, at least two (2) reasonable points of access to the FMA, each a minimum of twenty feet (20') in width, shall be provided. Streets, alleys and open-ended cul-de-sacs may qualify as access points if designed such that they are navigable by maintenance vehicles (e.g., alleys must be twenty-foot width).

(b)     All areas of the FMA shall be accessible from the access points.

3.     Lots used for multifamily dwellings may be platted in the FMA if the FMA is identified as an easement and is maintained as open space for use by the residents, and provided that access to the FMA is possible by City maintenance vehicles, should that need arise.

4.     If the FMA is to be public park land, then adequate public access and good public visibility shall also be provided to all portions of it.

5.     Public streets may be approved in the FMA by the City (if they conform to applicable engineering standards).

6.     Linear public streets may be required to be constructed adjacent to some (or all) portions of the FMA to allow access for maintenance or recreational opportunities, and/or to allow increased visibility into creek areas for public safety and security purposes.

7.     Alternate designs to facilitate equal or better access may be permitted if approved by the City.

f.     Altered Drainage Channels. Drainage channels which have been previously altered and are not in a natural condition can be exempted from an FMA and this Section at the discretion of the Planning & Zoning Commission and upon recommendation by the City Staff.

   Section 4.3:     Property Owners or Homeowners Associations

a.     Applicability. When a subdivision contains either common property or other improvements which are not intended to be dedicated to the City of Greenville for public use, such as private streets or screening walls, a private recreation facility or open space, landscaped entry features or other private amenities, a property owners or homeowners association agreement, consistent with State and other appropriate laws, must be submitted to and approved by the City Attorney.

1.     The Conditions, Covenants and Restrictions (CCRs) and the association documents, such as the articles of incorporation and association bylaws, shall be submitted to the City for review and approval along with the Preliminary Plat application, and shall be filed of record at the County prior to Final Plat approval in order to ensure that there is an entity in place for long-term maintenance of these improvements.

2.     Said documents must, at a minimum, include provisions which allow the City to take over the maintenance of common property using association funds, including private streets and private recreation facilities, if such action becomes necessary for any reason, including nonperformance or inaction by the association or the association becoming defunct.

(a)     Provisions shall also be included which would convey ownership of the private streets (if any) and all other common areas to the City, and which would allow the City to remove any improvements or amenities from the common areas and sell any buildable land area, as residential lots, to recoup the City's expenses for maintenance or demolition of the improvements.

(b)     Any monies that remain after the City has recovered all of its expenses shall be retained for future maintenance or upgrading of the streets, common areas (if any remain), screening walls, or other improvements within the subdivision.

(c)     These provisions are not intended to allow the City to profit in any way from taking over the association's responsibilities or funds; they are only intended to allow the City to recoup its actual incurred expenses such that the general public, the taxpayers of the City, does not have to bear these costs.

b.     Membership. A property owners or homeowners association shall be an incorporated nonprofit organization operating under recorded land agreements through which:

1.     Each lot owner within the described land area is automatically a mandatory member; and

2.     Each lot is automatically subject to a charge for a proportionate share of the expenses for the property owners or homeowners association's activities, such as maintenance of common open spaces or private streets, or the provision and upkeep of common recreational facilities.

c.     Legal Requirements. In order to ensure the establishment of a proper property owners or homeowners association, including its financing, and the rights and responsibilities of the property or home owners in relation to the use, management and ownership of common property, the plat, dedication documents, covenants, and other recorded legal agreements must:

1.     Legally create an automatic membership, nonprofit property owners or homeowners association;

2.     Place title to the common property in the property owners or homeowners association, or give definite assurance that it automatically will be so placed within a reasonable, definite time;

3.     Appropriately limit the uses of the common property;

4.     Give each lot owner the right to the use and enjoyment of the common property;

5.     Place responsibility for operation and maintenance of the common property in the property owners or homeowners association;

6.     Place an association charge on each lot in a manner which will both ensure sufficient association funds and which will provide adequate safeguards for the lot owners against undesirable high charges;

7.     Give each lot owner voting rights in the association; and

8.     Identify land area within the association's jurisdiction including the following:

(a)     Property to be transferred to public agencies;

(b)     The individual residential lots;

(c)     The common properties to be transferred by the developer to the property owners or homeowners association; and

(d)     Other parcels.

9.     Any governmental authority or agency, including the City and the County, their agents, and employees, shall have the right of immediate access to the common elements at all times if necessary for the preservation of public health, safety and welfare. Should the property owners or homeowners association fail to maintain the common elements to City specifications for an unreasonable time, not to exceed ninety (90) days after written request to do so, then the City shall have the same right, power and authority to enforce the association's rules and to levy assessments necessary to maintain the common elements. The City may elect to exercise the rights and powers of the property owners or homeowners association or its Board, or to take any action required and levy any assessment that the property owners or homeowners association might have taken, either in the name of the property owners or homeowners association or otherwise, to cover the cost of maintenance (or the possible demolition, if such becomes necessary to preserve public safety or to ease maintenance burden) of any common elements.

10.     The property owners or homeowners association must register a contact person with the Community Development Department and shall notify the City of any change in said contact person. Such contact person must be authorized to receive and distribute information to the Board of Directors of the property owners or homeowners association.

d.     Protective Covenants. Protective covenants shall be developed which, among other things, shall make the property owners or homeowners association responsible for the following:

1.     The maintenance and operation of all common property;

2.     The enforcement of all other covenants;

3.     The administration of architectural controls (if included); and

4.     Certain specified maintenance of exterior improvements of individual properties (if included).

The City is not responsible (i.e., has no jurisdiction) for enforcing protective covenants or deed restrictions.

e.     The association may not be dissolved without the prior written consent of the City Council.

f.     No portion of the association documents pertaining to the maintenance of screening walls, private streets and alleys, and assessments therefore [therefor], may be amended without the written consent of the City Council.

   Section 4.4:     Park Land & Public Facility Dedication

The requirements for park land dedication and park development fees outlined in this section shall apply only to developments which include 500 or more residential living units. Each phase of a larger phased development in which the sum of the living units from all phases equals of [or] exceeds 500 shall be subject to the park land dedication and park development fees regardless of the size of each individual phase.

a.     Consideration of Areas for Public Use. The applicant shall give consideration to suitable sites for parks, playgrounds and other areas for public use so as to conform with the recommendations of the City's Park Master Plan. Any provision for parks and public open space areas shall be indicated on the Preliminary and Final Plat, and shall be subject to review by the City's Board of Parks and Recreation and approval by the City Council.

b.     Park Land Dedication. The purpose of this section is to provide recreational areas and amenities in the form of neighborhood parks as a function of subdivision development in the City of Greenville. This section is enacted in accordance with the Home Rule powers of the City of Greenville, granted under the Texas Constitution and statutes of the State of Texas, including, without limitation, Texas Local Government Code, Section 51.071 et seq. and Section 212.001 et seq.

1.     Necessary Procedure. It is hereby declared by the City Council of the City of Greenville that recreational areas, in the form of neighborhood parks and related amenities and improvements, are necessary and in the public welfare, and that the only adequate procedure to provide for this is by integrating such a requirement into the procedure for planning and developing property of a residential subdivision in the City of Greenville, whether such development consists of new construction on previously vacant land or rebuilding and redeveloping existing residential areas.

2.     Purposes. Neighborhood parks are those parks providing for a variety of outdoor recreational opportunities and within convenient distances from a majority of the residences to be served thereby, the standards for which are set forth in the Greenville Parks Master Plan. The neighborhood parks shown on the official Greenville Parks Master Plan shall be prima facie evidence that any park located therein is within such a convenient distance from the majority of residences to be served thereby. The cost of the neighborhood parks should be borne by the ultimate residential property owners who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities. Therefore, the following requirements are adopted to affect [effect] such purposes.

c.     General Requirement: Dedication of Land and Payment of Park Development Fee.

1.     Dedication of Land Based on Dwelling Units. Prior to a plat being filed with the County Clerk of Hunt County, Texas for a development of a residential area within the City of Greenville and in accordance with City ordinances, such plat shall contain a clear fee simple dedication of one (1) acre of land for each 133 proposed dwelling units. As used in this ordinance, a “dwelling unit” means each individual residence, including individual residences in a multifamily structure, designed and/or intended for inhabitation by a single family.

(a)     Any proposed plat submitted to the City of Greenville for approval shall show the area proposed to be dedicated under this section. The required land dedication of this Section may be met by a payment in lieu of land where permitted by the City of Greenville or required by other provisions in this ordinance.

2.     Impractical Size. The City Council of the City of Greenville declares that development of an area of less than five (5) acres for neighborhood park purposes is impractical. Therefore, if fewer than 665 dwelling units are proposed by a plat filed for approval, the City Council may require the developer to pay the applicable cash in lieu of land amount, as provided in Subsection d below.

3.     Park Development Fee. In addition to the required dedication of land, as set forth above, there shall also be a park development fee paid to the City of Greenville as a condition of plat approval. Such park development fee shall be set from time to time by ordinance of the City Council and shall be sufficient to provide for the development of amenities and improvements on the dedicated land to meet the standards for a neighborhood park to serve the area in which the subdivision is located. Unless and until changed by an ordinance amendment of the City Council of the City of Greenville, the park development fee shall be calculated on the basis of $250 per dwelling unit.

4.     Option to Construct. In lieu of payment of the required park development fee, a developer shall have the option to construct the neighborhood park amenities and improvements. All plans and specifications for the construction of such amenities and improvements must be reviewed and approved by the Park Director and the City Engineer, or applicable designees. The developer shall financially guarantee the construction of the amenities and improvements, and the City of Greenville must approve same, prior to the filing of a plat in the case of platted subdivisions. Once the amenities and improvements are constructed, and after the City of Greenville has accepted such amenities and improvements, the developer shall dedicate by plat such amenities and improvements to the City of Greenville.

5.     Right to Accept, Reject or Require Payment. In instances where land is required to be dedicated, the City of Greenville shall have the right to accept or reject the dedication after consideration of the recommendation of the Board of Parks and Recreation and to require a cash payment in lieu of land in the amount provided herein, if the City of Greenville determines that sufficient park area is already in the public domain for the area of the proposed development, or if the recreation potential for that area would be better served by expanding or improving existing neighborhood parks.

6.     Siting of Parks. When two (2) or more developments will be necessary to create a neighborhood park of sufficient size in the same area, the Director of Parks and Recreation, at the time of Preliminary Plat approval, will work with the developers to define the optimum location of the required dedication within the respective plats. Once a park site has been determined, adjacent property owners who develop around the park site shall dedicate land and cash to the existing site unless otherwise determined by the City Council.

d.     Cash in Lieu of Land.

1.     Requirement. A developer responsible for land dedication under this ordinance shall be required, at the City Council's option, to meet the dedication requirements in whole or in part by a cash payment in lieu of land, in the amount set forth below. Such payment in lieu of land shall be made prior to the issuance of a building permit. Where no building permit is required, the fee shall be paid prior to filing of the Final Plat for record.

2.     Fee. The cash payment in lieu of land dedication shall be met by the payment of a fee set from time to time by ordinance of the City Council sufficient to acquire neighborhood park land. Unless and until changed by the City Council, such fee shall be computed on the basis of $250 per dwelling unit.

3.     Park Developer Fee. A cash payment in lieu of land dedication, as set forth in this section, does not relieve the developer of its obligation to pay the park development fee set forth in [c.3] above. The cash payment in lieu of land dedication is in addition to the required park development fee.

4.     City Purchase of Land. The City of Greenville may from time to time decide to purchase land for parks in or near the area of actual or potential development. If the City does purchase park land in a park service area, subsequent park land dedications for that zone shall be in cash only, the calculation of which is set forth above. (Such cash payment is in addition to the payment of the required park development fee.)

e.     Special Fund, Right to Refund

1.     Park Development Fund. All funds collected by this dedication process will be deposited in the City of Greenville's Park Development Fund and used solely for the purchase or leasing of park land and the development of same. All expenditures from the said Fund will be reviewed and approved by the City Council.

2.     Reference to Plats. The City of Greenville shall account for all sums paid into the Park Development Fund with reference to the individual plats involved.

3.     Expended Within 10 Years or Refunded. Any monies paid into the said Fund must be expended by the City of Greenville within ten (10) years from the date received by the City. Such funds shall be considered to be spent on a first in, first out basis in a particular park service area. If not so expended within the ten (10) year period, the owners of the property will, on the last day of such period, be entitled to a refund of the remaining fees. The current owners of the property within the subdivision must request such a refund within one (1) year of entitlement, in writing, or such right is waived.

f.     Additional Requirements, Definitions.

1.     Any land dedicated to the City under this ordinance must be suitable for park and recreation uses. The following characteristics of a proposed area, which may be grounds for refusal of any plat, are generally unsuitable:

(a)     Any area primarily located in the 100-year floodplain.

(b)     Any areas of unusual topography or slope which renders same unusable for organized recreational activities.

2.     Drainage areas may be accepted as part of a park if the channel is to remain, more or less in its natural state or constructed in accordance with City engineering standards, if:

(a)     No significant area of the park is cut off from access by such channel,

(b)     Not less than five (5) acres of the site is above the 100-year floodplain, or

(c)     The dedication is in excess of ten (10) acres, not more than fifty percent (50%) of the site should be included in the 100-year floodplain.

3.     Each park must have ready access to a public street.

4.     Unless provided otherwise herein, an action by the City shall be by the City Council, after consideration of the recommendations of the Board of Parks and Recreation.

5.     Any Preliminary Plat approved prior to the effective date of this ordinance shall be exempt from these requirements set forth herein; however, if and when such Preliminary Plat approval expires, any resubmission of such plat shall meet the requirements of this section.

   Division V. IMPROVEMENTS REQUIRED PRIOR TO ACCEPTANCE OF THE SUBDIVISION BY THE CITY
   Section 5.1:     Improvements, In General

a.     Purpose. The requirements as set forth below are designed and intended to ensure that, for all subdivisions of land within the scope of this Subdivision Ordinance, all improvements as required herein are installed properly and:

1.     The City can provide for the orderly and economical extension of public facilities and services;

2.     All purchasers of property within the subdivision shall have a usable, buildable parcel of land; and

3.     All required improvements are constructed in accordance with City standards.

b.     Adequate Public Facilities Policy. The land to be divided or developed must be served adequately by essential public facilities and services. No subdivision shall be approved unless and until adequate public facilities exist or provision has been made for water facilities, wastewater facilities, drainage facilities, electricity and street facilities which are necessary to serve the development proposed, whether or not such facilities are to be located within the property being platted or off-site. This policy may be defined further and supplemented by other ordinances adopted by the City. Wherever the subject property adjoins undeveloped land, or wherever required by the City to serve the public good, utilities shall be extended to adjacent property lines to allow connection of these utilities by adjacent property owners when such adjacent property is platted and/or developed.

c.     Public Improvements Required. Public improvements that are required by the City of Greenville for the acceptance of the subdivision by the City shall include the following:

1.     Water and wastewater facilities;

2.     Stormwater drainage, collection and conveyance facilities;

3.     Water quality, erosion and sedimentation controls;

4.     Streets;

5.     Street lights;

6.     Street signs;

7.     Alleys (if provided);

8.     Sidewalks, including barrier-free ramps at street intersections and other appropriate locations;

9.     Screening and/or retaining walls (where required);

10.     Traffic control devices required as part of the project; and

11.     Appurtenances to the above, and any other public facilities required as part of the proposed subdivision.

d.     All aspects of the design and implementation of public improvements shall comply with the City's current design standards and any other applicable City codes and ordinances, including preparation and submittal of engineering plans and construction inspection. The construction of all of the improvements required in this Ordinance shall conform to the latest edition of the City's Standard Design Manual, as may be amended, and to any other applicable City standards.

   Section 5.2:     Monuments

a.     Block Corner Monuments. In all subdivisions and additions, monuments shall be established at the corner of each block in the subdivision consisting of an iron rod or pipe not less than three quarters inch (3/4") in diameter and twenty-four inches (24") in length, and set flush with the top of the ground. Each block corner monument shall include a cap with the RPLS's name and registration number attached to it.

b.     Lot Corner Monuments. Lot corner monuments shall be placed at all lot corners except corners which are also block corners, consisting of iron rods or pipes of a diameter of not less than one-half inch (1/2") and twenty-four inches (24") in length, and set flush with the top of the ground.

c.     Curve Point Markers. In addition, curve point markers shall be established of the same specifications as lot corners.

d.     View Between Monuments Obstructed. Where, due to topographic condition, permanent structures, or other conditions, the view is obstructed between any two adjacent monuments, intermediate monuments shall be so set as to assure a clear view between adjacent monuments.

e.     Installed Prior to Acceptance & Filing. All block and lot corners shall be installed prior to the final acceptance of the subdivision by the City and prior to filing the plat at the County.

f.     Error of Closure. All survey work around the boundary area, as well as within the subdivision, shall have an error of closure of one (1) in 7,500 or less.

g.     Subdivisions Containing 5 Acres or More. A subdivision containing five (5) acres or more shall have at least two (2) monuments set by the RPLS, if not already existing, for two (2) corners of the subdivision, and such monuments shall be located at opposite ends (or at widely separated corners) of the subdivision and clearly shown on the Final Plat prior to filing at the County. The Final Plat shall also show clear ties to existing monuments in the vicinity of the subdivision.

   Section 5.3:     Street Lights

a.     Street Type. Street lights shall be placed in accordance with the following placement criteria:

1.     Typical location of lights shall be at the intersection of two (2) arterial streets; at the intersection of an arterial and a collector street; and at the intersection of two (2) collector streets, as reflected on the City's Thoroughfare Plan;

2.     In the turnaround of cul-de-sacs where cul-de-sac length is longer than three hundred (300) feet;

3.     At alley/street intersection, as recommended by the Director of Public Works.

b.     Safety Considerations. Street lights shall be placed in accordance with the following safety considerations:

1.     To illuminate street curves; significant topographic conditions, alleys or other safety hazards to the public, or as recommended by the Director of Public Works, Chief of Police or Fire Chief;

2.     To illuminate documented high crime areas, as recommended by the Chief of Police;

3.     To illuminate streets at locations where the traffic count exceeds seven thousand (7,000) vehicles per day, or a location with significant accident history, as recommended by the Director of Public Works.

c.     Spacing. Street lights shall be placed in accordance with the following spacing consideration:

1.     Typical spacing of lights shall be first; one (1) per intersection at the intersections described in subsection a.1. above.

2.     Second, lights shall be provided along arterial and collector streets, with a minimum spacing between lights of three hundred feet (300') provided.

3.     If resulting block length is over six hundred feet (600') but less than increments of three hundred feet (300'); the light shall be placed in midblock to the degree practical.

4.     In a cul-de-sac turnaround, if the cul-de-sac length is longer than three hundred feet (300').

d.     Timing of Street Light Installation.

1.     New Subdivisions.

(a)     The developer shall pay additional increment required for any additional charges: underground; metal pole; special fixture; additional electricity charge for installation, in conjunction with the Final Plat phase. The Engineering Department of Greenville Electric Utility System will prepare an estimate of the cost difference between standard overhead street lighting and special developer requirements. The developer will be responsible for making a nonrefundable aid-to-construction to the Utility, in advance of construction, based on the estimate.

(b)     Installation will be coordinated with building permits issued in the areas, with priority given to arterial and collector streets in the subdivision to facilitate circulation; within each block face. When fifty percent (50%) of lots have been permitted, lights shall be installed[.] This light installation schedule may be accelerated in accordance with an agreement made with the developer whereby the developer pays the city the full cost of power during the time period necessary to reach this level of permitting.

2.     Existing Developed and Sparsely Developed Areas.

(a)     When lighting is requested in existing developed and sparsely developed areas, a request shall be submitted in writing to the office of the Director of Public Works.

(b)     Installation will be attempted as soon as possible, provided the City Council budgets the funds to allow installation.

[e.     Reserved]

f.     Other Locations. In those instances when the above criteria do not warrant street light placement in a particular location where property owners or residents desire a street light; the City encourages privately funded and privately maintained lights by neighborhood residents. All privately funded lights shall be totally owned and maintained by the private property owners or residents. All utilities shall be entirely paid for by the private property owner or residents. The City shall never be obligated to pay for the maintenance or utilities of any privately funded light.

g.     Administration. The administrator of this section shall be the Director of Public Works. The administrator shall make the final determination whether a street light is warranted under these criteria and will establish a procedure for review of requests.

h.     Appeal. Anyone who is dissatisfied with the decision of the Director of Public Works may, within thirty (30) days of that decision, appeal the decision to the City Manager.

   Section 5.4:     Street Names and Signs

a.     Review & Approval Required. Street names must be submitted to the City for review and approval in accordance with the City's guidelines for the naming of streets.

1.     Preliminary Plat. Proposed street names shall be submitted for review as a part of the Preliminary Plat application, and shall become fixed at the time of approval of the Preliminary Plat.

2.     Final Plat. On the Final Plat, street names shall not be changed from those that were approved on the Preliminary Plat unless special circumstances have caused the major realignment of streets or a proposed street name(s) is discovered to have already been used elsewhere in the City (or some other similar eventuality). If additional street names are needed for the Final Plat, then they must be submitted for review and approval by the City, along with the Final Plat application. A fee may be established by the City for the changing of street names after approval of the Preliminary Plat.

b.     Streets Named for Corporations/Businesses Prohibited. The names of corporations or businesses shall not be used as street names, unless approved by the City Council.

c.     List of Street Names Maintained. The City will maintain a list of existing street names that are essentially “reserved” names that have been previously been approved on a Preliminary Plat, and will update the list as new streets are platted.

d.     Duplication & Similarities Prohibited. New street names shall not duplicate existing street names either literally or in a subtle manner (for example, Smith Street vs. Smythe Street; Oak Drive vs. Oak Place vs. Oak Court vs. Oak Circle; Lantern Way vs. Land Tern Way; Cascade Drive vs. Cascading Drive); shall not be so similar as to cause confusion between names (for example, Lakeside Drive vs. Lake Side Drive vs. Lake Siding Drive).

e.     New Streets Extended Existing. Any new street that extends an existing street shall bear the name of the existing street.

f.     Street Names Related to Intersections. Streets crossing other streets shall bear the same name on both sides of the intersection, wherever practical, unless otherwise approved by Planning & Zoning Commission.

g.     Payment for Street Signs. The developer shall provide payment for street name signs for the development such that two (2) signs are provided for four-(4)-way intersections, and one (1) sign is provided for three-(3)-way intersections. The cost of each street name sign installation shall include the cost of the sign assembly, pole and all costs associated with installation. Payment by the developer shall be due prior to acceptance of the subdivision by the City.

h.     Timing of Installation. Street name signs shall be installed in accordance with the City's guidelines before issuance of a building permit for any structure on the streets approved within the subdivision.

   Section 5.5:     Street and Alley Improvements

a.     On-Site Facilities Constructed By Developer. All on-site facilities, such as internal streets and alleys, and existing or proposed streets located immediately adjacent to the property that are required to be constructed or improved in order to adequately serve the development, shall be constructed by the developer at the developer's expense, unless otherwise allowed by this Ordinance.

b.     Reinforced Concrete. All streets and alleys shall be constructed using reinforced concrete, unless otherwise approved by the City, and per the specifications in the City's Standard Design Manual.

c.     Paving Standards. The developer shall construct all streets and alleys according to the minimum street and alley paving standards contained within the Standard Design Manual.

d.     Accessibility for Physically Challenged Persons. In addition to the above-mentioned minimum standards, barrier-free ramps for physically challenged persons shall be constructed at all street corners, driveway approaches, appropriate midblock crosswalks, and in locations where accessible parking spaces are provided. All barrier-free ramps and other accessibility considerations shall comply with the Highway Safety Act, as currently amended, and with the Americans With Disabilities Act (ADA), as amended.

e.     Signs and Barricades. All signs and barricades shall be in conformity with the Standard Design Manual, with ADA standards, and with specifications for uniform traffic control devices, as adopted by the City, by Hunt County, by the Texas Department of Transportation, and by the Texas Department of Public Safety, as applicable.

f.     Approval Prior to Installation. Approval is required prior to the installation of any driveway connecting to a public street. Regulations pertaining to driveways are outlined in Section 3.1.v [3.1.t]. The Community Development Director shall approve all driveway cuts. The minimum distance between driveway openings for multiple-family and nonresidential developments shall be as set forth in Section 3.1.v [3.1.t], or in the City's Standard Design Manual or other City Ordinance, whichever is the most stringent.

   Section 5.6:     Retaining Wall Requirements, Construction Regulations, and Design Criteria

a.     Retaining Wall Requirements. In general, the use of retaining walls shall be minimized, wherever possible, through minimal and balanced cut and fill on property. When property within or directly adjacent to a subdivision contains changes in elevation exceeding two and one-half feet (2.5') and the slope exceeds one (1) unit vertical in two (2) units horizontal, a retaining wall shall be required at the following locations prior to the acceptance of the subdivision:

1.     Follows a Side or Rear Property Line. The grade change roughly follows a side or rear lot line.

2.     Adjacent to a Building Site Boundary. The grade change is adjacent to a proposed building site boundary.

3.     Adjacent to a Watercourse or Drainage Easement. The grade change is adjacent to a watercourse or drainage easement.

b.     Retaining Wall Design and Construction. All retaining wall design and construction shall be in compliance with the provisions of the Standard Design Manual of the City of Greenville, and shall be approved by the City Engineer.

c.     Retaining Wall Maintenance. Retaining walls shall be maintained by the owner of the property where such retaining wall is located.

c[d].     Not in a Utility or Drainage Easement. Retaining walls shall not be constructed within any portion of a utility or drainage easement, unless approved by the City Engineer. It shall be the property owner's (or related property owners' association) responsibility to maintain the retaining wall.

   Section 5.7:     Screening and Landscaping Construction Regulations, Requirements,  and Design Criteria

a.     Screening.

1.     Required. Screening shall be required where subdivisions are platted so that the rear yards of single-family or two-family residential lots meet the following

(a)     Lots are adjacent to a street with a right-of-way width greater than a residential collector street (greater than sixty feet (60') in right-of-way width on the Thoroughfare Plan);

(b)     Lots are adjacent to a four (4) lane collector street;

(c)     Lots are separated from a street by an alley; or

(d)     Lots back up to a collector or residential street.

2.     Developer Screening. The developer shall provide (at his/her expense) a minimum six-foot (6') tall masonry screening wall, or some other alternative form of screening, if approved by Planning & Zoning Commission, according to this Section.

(a)     All screening shall be adjacent to the right-of-way or property line and fully located on the private lot(s), including columns and decorative features.

(b)     All forms of screening shall conform to the requirements of City ordinances and policies that govern visibility easements (see Subsection 3.3.f [3.3.e]).

(c)     Any required screening device that is wholly or partially destroyed or damaged shall be replaced or repaired with the same materials and shall be finished such that its appearance is restored to how it was before being destroyed or damaged.

3.     Screening Alternatives. Screening shall be provided in accordance with, and shall be constructed to, standards and criteria as set forth in the City's Standard Design Manual and other related City code(s) and policy(s).

(a)     An alternative form of screening, in lieu of the six- to eight-foot (6' to 8') tall masonry wall, may be approved by the Planning & Zoning Commission along with the Preliminary Plat. The developer shall submit drawings/renderings with the Preliminary Plat sufficient for the Planning & Zoning Commission to make a decision to approve or deny the proposed alternative.

(b)     Such possible alternatives include the following:

(1)     Living/landscaped screen with decorative metal (e.g., wrought iron) fence sections with masonry columns;

(2)     A combination of berms and living/landscaped screening, either with or without a decorative metal or “WoodCrete” type of fence with masonry columns;

(3)     A combination of berms, decorative masonry retaining walls (no taller than six feet in height where facing or visible to a public street) and living/landscaped screening, either with or without a decorative metal or “WoodCrete” type of fence with masonry columns; or

(4)     Some other creative screening alternative may be approved if it meets the spirit and intent of this Section, if it is demonstrated to be long-lasting and generally maintenance-free, and if the Planning & Zoning Commission finds it to be in the public interest to approve the alternative screening device.

(c)     Any required screening device shall be, or shall achieve, at least six feet (6') in height and at least ninety percent (90%) opacity within three (3) years of initial installation/planting.

(d)     Any landscaping used to achieve the purpose of required screening shall be equipped with an underground irrigation system with appropriate double-check valve(s), automatic controller(s), and automatic moisture- and freeze-sensors. Trees used for overstory screening shall be on a separate bubbler irrigation system that can be programmed to provide deep-watering of trees at intervals that may differ from the rest of the irrigation system.

(e)     The use of wood or other privacy fences immediately behind or abutting an alternative screening device that utilizes living screening elements (i.e., landscaping), berms, retaining walls and/or open (i.e., nonopaque) fence sections shall not be permitted due to the creation of a “no man's land” and subsequent maintenance nuisance in the area between the two devices/fences, and due to the detrimental visual appearance of this type of arrangement.

(f)     Any alternative form of screening in lieu of the masonry wall shall be located in a maintenance easement and shall be maintained by a property/homeowners' association in accordance with Section 4.3 of this Ordinance.

3[4].     Maintenance Easement Required. A wall/screening maintenance easement at least five feet (5') in width shall be dedicated to a property owners association on the private lot side and adjacent to the entire length of the screening wall or device.

4[5].     Timing of Installation. The screening wall/device shall be installed prior to approval of the Final Plat and prior to final acceptance of the subdivision (or appropriate surety shall be provided, per Division VI of this Ordinance). Landscape materials may be installed after the subdivision is accepted, upon approval of the Community Development Director, but in no case later than ninety (90) days following acceptance of the subdivision. Failure to properly install all components of a required screening wall/device within the allowed time frame, and without the appropriate developer's agreement and surety, shall constitute a violation of this Ordinance.

5[6].     Landscape Screening. All plants (e.g., trees, shrubs and ground cover) shall be living and in sound, healthy, vigorous and growing condition, and they shall be of a size, fullness and height that is customary for their container or ball size, as per the latest edition of the “American Standard for Nursery Stock”, by the American Association of Nurserymen, as may be amended.

6[7].     Properly Engineered. All masonry, wrought iron, steel or aluminum screening wall or fence plans and details must be designed and sealed by a licensed professional engineer, and must be approved by the City Engineer.

(a)     Masonry walls shall be in accordance with the City's design standards within the Standard Design Manual.

(b)     Decorative metal fencing shall be solid stock, not tubular, and shall have masonry columns at a minimum spacing of forty (40) feet on center unless otherwise approved.

7[8].     Height. The height of required screening devices, including spans between columns, shall be a minimum of six feet (6') and shall be no more than eight feet (8') tall. Decorative columns, pilasters, stone caps, sculptural elements, and other similar features may exceed the maximum eight-foot (8') height by up to two feet (2') for a total maximum height of ten feet (10') for these features, provided that such taller elements comprise no more than ten percent (10%) of the total wall length in elevation view. Features that are taller than ten feet (10') in height shall require Planning & Zoning Commission approval on the landscaping/screening plans submitted with the Preliminary Plat.

9.     Privately Maintained. All screening walls shall be maintained by a property or homeowners' association.

b.     Subdivision Identification Signs.

1.     Subdivision identification signs are permitted at the entrance of single family residential subdivisions which are bisected by one or more streets. Such subdivisions must have ten (10) or more platted lots.

2.     Subdivision identification signs may be freestanding or may be incorporated on a screening wall located in an easement maintained by a property or homeowners' association. Any screening wall on which a subdivision identification sign has been incorporated shall also meet the requirements of this section of the ordinance, as well as general screening wall requirements located in other sections of this ordinance.

3.     The maximum size of a subdivision identification sign shall be thirty-two (32) square feet per sign with a maximum height of six feet (6').

3[4].     A subdivision identification sign shall be located within an easement maintained by a property or homeowners' association.

4[5].     Signs may be located at each corner of an intersection of an entrance street, but shall not be located in public rights-of-way or within visibility easements.

5[6].     The design of the subdivision identification sign shall be in accordance with the City's Standard Design Manual, as applicable.

6[7].     The design of the subdivision identification sign (including any related screening wall) shall be reflected on materials/plans submitted along with the Preliminary Plat and the engineering plans, and shall be approved by the City.

7[8].     The maintenance of the entryway shall be the responsibility of the applicant for a period of at least two (2) years, or until building permits have been issued for eighty percent (80%) of the lots in the subdivision, whichever date is later. Following that period of time, maintenance responsibility shall be borne by an approved homeowners association (see Section 4.3). If, at some point in time, the maintenance responsibility shifts to the City, the City shall have the right to upgrade, reduce or eliminate entirely, at its sole option, the landscaping and other amenities in order to simplify or minimize the maintenance of the subdivision identification sign.

c.     Landscaping. All landscaping shall be in conformance with the City's Landscape Ordinance, as amended.

d.     Signage. All signage shall be in conformance with the City's Sign Ordinance as amended.

   Section 5.8:     Water and Wastewater Requirements

a.     Installation. The installation of all water and wastewater lines shall be in conformance with Section 3.9 of this Ordinance. The design and construction of the water system and sanitary sewer system shall be in conformance with the City's master plans for water and wastewater facilities, the Standard Design Manual, and construction plans, and shall be approved by the City Engineer (also see Section 3.9).

b.     Provision for Water & Wastewater Required. No Final Plat shall be approved for any subdivision within the City or its extraterritorial jurisdiction until the applicant has made adequate provision for a water system and a sanitary sewer system of sufficient capacity to adequately provide service to all tracts and lots within the area to be subdivided.

c.     Safe Water Supply & Fire Protection. Water system mains of sufficient size and having a sufficient number of outlets to furnish adequate and safe domestic water supply and to furnish fire protection to all lots shall be provided.

d.     Water Mains to Property Line. Water mains shall extend to the property line in order to allow future connections into adjacent undeveloped property.

e.     Utilities to Property Line of Each Lot. Services for utilities shall be made available to the property line of each lot in such a manner as will minimize the necessity for disturbing the street pavement and drainage structures when connections are made.

f.     Fire Protection. Fire protection shall be provided in accordance with Section 3.9 of this Ordinance, with the City's Standard Design Manual, and with any other City policy or ordinance pertaining to fire protection or suppression.

1.     The Fire Chief or his/her designee shall have the authority to approve the locations and placement of all fire hydrants, fire lanes, and easements in accordance with the adopted Fire Code. He or she may, at his or her discretion, modify fire hydrant spacing or fire lane placement based upon special design or distance circumstances.

2.     Vertical construction (i.e., any building construction above foundation/slab level) shall not commence until all required fire lanes are properly installed and accepted by the City, nor until all fire hydrants have been installed, inspected, tested and accepted by the City.

   Section 5.9:     Storm Drainage & Water Quality Controls

a.     Adequate Storm Sewer System Required. An adequate storm sewer system consisting of inlets, pipes and other underground structures with approved outlets shall be constructed where runoff of stormwater and the prevention of erosion cannot be accomplished satisfactorily by surface drainage facilities.

b.     Areas Subject to Flood Conditions or Stormwater Retention. Areas subject to flood conditions or inadvertent stormwater retention, such as standing or pooling water, as established by the City Engineer, will not be considered for development until adequate drainage has been provided.

b[c].     Design. The criteria for use in designing storm sewers, culverts, bridges, drainage channels, and other drainage facilities shall conform to Section 3.10 of this Ordinance and the Standard Design Manual.

c[d].     Proper Functioning Required Prior to Maintenance Bond. The developer shall ensure that all drainage improvements within public easements or rights-of-way are functioning properly prior to the expiration of the maintenance bond

1.     Responsibility. The developer shall be responsible for removing any significant buildup of sediment or debris from drainage improvements, with the exception of backlot and sidelot drainage swales, until the eleventh (11th) month of the required one-year maintenance bond for the applicable facilities.

2.     City Inspection. The City shall inspect the improvements to determine any maintenance or correction of deficiencies at the conclusion of this period.

e.     Stormwater Pollution Prevention Plan (SWPPP). An SWPPP shall be provided for stormwater discharge in accordance with Texas Pollutant Discharge Elimination System (TPDES) general permit, TXR150000, and/or Environmental Protection Agency (EPA) regulations. This shall include the assumption of responsibility of said pollution prevention system, including the design and implementation of said system, complete in place. Moreover, when it comes to SWPPP, the contractor has the sole authority, responsibility and control over plans and specifications of the said SWPPP only and can make changes to those specifications for the entire project as he deems necessary or needed to remain in compliance with the Texas Commission on Environmental Quality (TCEQ) and/or EPA regulations.

   Division VI. REQUIREMENTS FOR ACCEPTANCE OF SUBDIVISIONS BY THE CITY
   Section 6.1:     Withholding City Services and Improvements Until Acceptance

a.     City Policy. The City hereby defines its policy to be that the City will withhold all City services and improvements of any type until all required improvements are properly constructed according to the approved engineering plans and to City standards, and until such public improvements are dedicated to and accepted by the City. This policy of withholding includes subdivision improvements as well as lot improvements.

1.     Subdivision Improvements. Subdivision improvements include street maintenance, extension of City services from any subdivision or property, and all street, utility, storm drainage and other public improvements.

2.     Lot Improvements. Lot improvements include retaining walls, grading, and improvements required for proper lot drainage and prevention of soil erosion.

   Section 6.2:     Guarantee of Public Improvements

a.     Developer's Guarantee. Before final acceptance of a subdivision located all or partially within the City or its extraterritorial jurisdiction, the City must be satisfied that all required public improvements have been constructed in accordance with the approved engineering plans and with the requirements of this Ordinance.

b.     Improvement Agreement & Guarantee. The City Council may waive the requirement that the applicant complete and dedicate all public improvements prior to final acceptance of the subdivision, and may permit the developer to enter into a Subdivision Improvement Agreement by which the developer covenants to complete all required public improvements no later than two (2) years following the date upon which the remainder of the subdivision is accepted. The City Council may also require the developer to complete or dedicate some of the required public improvements prior to final acceptance of the subdivision, and to enter into a Subdivision Improvement Agreement for completion of the remainder of the required improvements during such two-year period. The Subdivision Improvement Agreement shall contain such other terms and conditions as are agreed to by the developer and the City.

c.     Improvement Agreement Required for Oversize Reimbursement. The City shall require a Subdivision Improvement Agreement pertaining to any public improvement for which the developer shall request reimbursement from the City for oversize costs. The City Council has the authority to authorize the approval of such agreement as meeting the requirements of the City, and the City shall not withhold approval as a means of avoiding compensation due under the terms of this Ordinance. The City Engineer is authorized to sign a Subdivision Improvement Agreement on behalf of the City.

d.     Security. Whenever the City permits an applicant to enter into a Subdivision Improvement Agreement, it shall require the applicant to provide sufficient security, covering the completion of the public improvements. The security shall be in the form of cash escrow or, where authorized by the City, a performance bond or letter of credit or other security acceptable to the City Council and the City Attorney, as security for the promises contained in the Subdivision Improvement Agreement. Security shall be in an amount equal to one hundred and ten percent (110%) of the estimated cost of completion of the required public improvements and lot improvements. The City must concur with the estimated cost, and the issuer of any surety bond and letter of credit shall be subject to the review and approval of the City Engineer and the City Attorney.

e.     Performance Bond.

1.     Requirements. If the City Council authorizes the applicant to post a performance bond as security for its promises contained in the Subdivision Improvement Agreement, the performance bond shall comply with the following requirements:

(a)     All performance bonds must be in the forms acceptable to the City Engineer and the City Attorney;

(b)     All performance bonds must be executed by such sureties as are named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies”, as published in Circular 570, as may be amended, by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury;

(c)     All performance bonds must be signed by an agent, and must be accompanied by a certified copy of the authority for him or her to act;

(d)     All performance bonds shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue performance bonds for the limits and coverage required.

2.     Additional Surety. If the surety on any performance bond furnished by the applicant is declared bankrupt, or becomes insolvent, or its right to do business is terminated in the State of Texas, or the surety ceases to meet the requirements listed in Circular 570, the developer shall, within twenty (20) calendar days thereafter, substitute another performance bond and surety, both of which must be acceptable to the City.

3.     Withholding Until Improvements or Other Surety. The City may withhold building permits, certificate or occupancy permits or utility connections until such improvements are completed or other surety is provided to the City.

f.     Letter of Credit. If the City Council authorizes the applicant to post a letter of credit as security for its promises contained in the improvement agreement, the letter of credit shall:

1.     Be irrevocable;

2.     Be for a term sufficient to cover the completion, maintenance and warranty periods, but in no event less than two (2) years; and

3.     Require only that the City present the issuer with a sight draft and a certificate signed by an authorized representative of the City certifying to the City's right to draw funds under the letter of credit.

g.     Reducing Amount of Surety. As portions of the public improvements are completed in accordance with the Standard Design Manual and the approved engineering plans, the applicant may make written application to the Community Development Department to reduce the amount of the original security. If the City is satisfied that such portion of the improvements has been completed in accordance with City standards, the City Manager (or designee) may cause the amount of the security to be reduced by such amount that he or she deems appropriate, so that the remaining amount of the security adequately insures the completion of the remaining public improvements.

h.     Escrow Policies and Procedures for Streets.

1.     Request for Escrow. Whenever this Ordinance requires a property owner to construct a street or thoroughfare, the property owner may petition the City to construct the street or thoroughfare, usually at a later date, in exchange for deposit of escrow as established in this Section.

(a)     The basis of such petition shall be the existence of unusual circumstance(s), such as a timing issue due to pending street improvements by another agency such as TxDOT or Hunt County, that would present undue hardships or that would impede public infrastructure coordination or timing.

(b)     If more than one (1) street or thoroughfare must be constructed in order to meet adequacy requirements for streets, the City Manager (or designee) may prioritize streets for which escrow is to be accepted and require the deposit of all funds attributable to the development in escrow accounts for one or more of such affected streets.

(c)     The City Council shall review the particular circumstances involved, and shall determine, at its sole discretion, whether or not provision of escrow deposits will be acceptable in lieu of the property owner's obligation to construct the street or thoroughfare with his or her development.

2.     Escrow Deposit With the City. Whenever the City Council agrees, under this Ordinance, to accept escrow deposits in lieu of construction by the property owner or developer of the street or thoroughfare, the property owner or developer shall deposit in escrow with the City an amount equal to costs of the following:

(a)     Administration

(b)     Advertisements

(c)     Bidding

(d)     Contingency

(e)     Testing

(f)     Design,

(g)     Construction,

(h)     Permits,

(i)     Reviews and approvals,

(j)     Inspections,

(k)     Any additional land acquisition, and

(l)     An appropriate (and realistic) inflation factor to ensure that the actual “future dollar” costs will be covered when actual construction occurs in the future.

3.     Determination of Escrow Amount. The amount of the escrow shall be determined by using the maximum comparable “turnkey” bid price of construction of the street or thoroughfare improvements (including the items listed above). Such determination of the escrow amount shall be made as of the time the escrow is due hereunder, and shall be subject to the review and approval of the City Manager (or designee) and the City Engineer. The escrow amount shall be paid prior to release (approval) of engineering plans by the City Engineer. The obligations, responsibilities, and related liability of the property owner shall become those of the property owner's transferees, successors and assigns.

4.     Use of Escrow. Escrowed amounts, along with any interest accrued on such amount, may be used for the purposes outlined in Subsection 2 above in order to undertake construction of the facilities that are required as part of the development for which the escrow was submitted.

5.     Termination of Escrow. Escrows, or portions of escrowed amounts, which have been placed with the City under this Section and which have been held for a period of ten (10) years from the date of such payment or agreement, in the event that the City has not authorized the preparation of plans and specifications for construction of such street facilities for which the escrow was made, shall, upon written request, be returned to the property owner, along with one-half (1/2) of its accrued interest. Such return does not remove any obligations of the property owner for construction of the required facilities if a building permit has not been issued on the subject lot or if a new building permit is applied for.

6.     Refund. If any street or highway for which escrow is deposited is constructed by a party other than the City, or is reconstructed by another governmental authority at no cost to the City, the escrowed funds and accrued interest shall be refunded to the property owner or applicant who originally paid the escrow amount after completion and acceptance of the public improvements. In the event that a portion of the cost is borne by the City and the other portion of the cost by another party or governmental authority, the difference between the property owner's actual proportionate cost and the escrowed funds, including accrued interest, if any, shall be refunded after completion and acceptance of the improvements.

7.     Interest Limitation. If money is refunded within six (6) months of deposit, only the principal shall be refunded. Monies returned after this date will be refunded with one-half (1/2) of its accrued interest.

   Section 6.3:     Temporary Improvements

a.     Responsibility. The applicant shall build and pay for all costs of temporary improvements required by the City, and shall maintain those temporary improvements for the period specified by the City. Prior to construction of any temporary facility or improvement, the applicant shall file with the City a separate improvement agreement and escrow or, where authorized, a letter of credit, in an appropriate amount for temporary facilities, which agreement and escrow or letter of credit shall ensure that the temporary facilities will be properly constructed, maintained and removed.

b.     Temporary Easement. Any temporary public improvement (e.g., a temporary cul-de-sac, alley turnout, drainage swale, erosion control device, etc.) shall be placed within an easement established specifically for that purpose. The recording information of the instrument establishing the temporary easement shall not be shown on the Final Plat unless the easement is a permanent easement for the subdivision prior to approval of the Final Plat. A temporary easement for a required public improvement shall not be abandoned without the City Engineer's approval and without written consent by the City.

   Section 6.4:     Failure to Complete Improvements

a.     Improvement Agreement Executed & Security Posted. In those cases where an improvement agreement has been executed and security has been posted, and the required public improvements have not been installed within the terms of the agreement, the City may:

1.     Declare the agreement to be in default and require that all the public improvements be installed regardless of the extent of completion of the development at the time the agreement is declared to be in default;

2.     Suspend any previously authorized building construction activity within the subdivision until the public improvements are completed, and record a document to that effect for the purpose of public notice;

3.     Obtain funds under the security and complete the public improvements itself or through a third party;

4.     Assign its right to receive funds under the security to any third party, including a subsequent owner of the subdivision for which public improvements were not constructed, in whole or in part, in exchange for that subsequent owner's promise to complete the public improvements on the property; or

5.     Exercise any other rights or remedies available under the law.

   Section 6.5:     Acceptance of Dedication Offers

a.     Acceptance. Acceptance of formal offers for the dedication of streets, public areas, easements or parks shall be by authorization of the City Manager (or designee). The approval by the Planning & Zoning Commission of a Preliminary or Final Plat shall not, in and of itself, be deemed to constitute or imply the acceptance by the City of any public improvements required by the plat. The City may require the plat to be endorsed with appropriate notes to this effect.

   Section 6.6:     Maintenance and Guarantee of Public Improvements

a.     Maintenance. The developer shall maintain all required public improvements for a period of one (1) year following acceptance of the subdivision by the City, and shall also provide a one-year maintenance bond (warranty) for ten (10%) percent of the cost of improvements that all public improvements will be free from defects for a period of one (1) year following such acceptance by the City.

   Section 6.7:     Construction Procedures

a.     Site Development Permit. A Site Development Permit is required from the City prior to beginning any site development-related work in the City or its extraterritorial jurisdiction which affects erosion control, storm drainage, vegetation or tree removal, or a floodplain.

b.     Preconstruction Conference Prior to Affecting Grading, Vegetation and/or Trees. The City shall require that all contractors participating in the construction meet for a preconstruction conference to discuss the project prior to release of a Site Development Permit and before any filling, excavation, clearing or removal of vegetation and any trees that are larger than six inch (6") caliper. All contractors shall be familiar with, and shall conform with, applicable provisions of the City's landscape ordinance and requirements as may be applicable in the Zoning Ordinance.

c.     Conditions Prior to Authorization. Prior to issuing a Site Development Permit, the City Engineer shall be satisfied that the following conditions have been met:

1.     The Final Plat has been approved by the Planning & Zoning Commission (and any conditions of such approval have been satisfied);

2.     All required engineering plans and documents are completed and approved by the City's Engineer;

3.     All necessary off-site easements and dedications required for City-maintained facilities and not shown on the plat have been conveyed solely to the City, such as by filing of a separate instrument, with the proper signatures affixed.

4.     All contractors participating in the construction shall be presented with a set of approved plans bearing the stamp of approval of the City's Engineer, and at least one set of these plans shall remain on the job;

5.     A complete list of the contractors, their representatives on the site, and telephone numbers where a responsible party may be reached at all times must be submitted to the City; and

6.     All applicable fees must be paid to the City.

d.     Nonpoint Source Pollution Controls and Tree Protection. All nonpoint source pollution controls, erosion controls, and tree protection measures and devices shall be in place, to the City Engineer's satisfaction, prior to commencement of construction on any property.

   Section 6.8:     Inspection and Acceptance of Public Improvements

a.     General Procedure.

1.     The subdivider shall provide inspection service through his/her engineer to ensure that construction is being accomplished in accordance with the plans and specifications approved by the City Engineer.

(a)     The subdivider shall notify the City Engineer forty-eight (48) hours prior to commencement of construction. This notice shall give the location and date of the start of construction.

(b)     The City shall have the right to inspect any construction work being performed to ensure that it is proceeding in accordance with the intent of the provisions of this ordinance.

(c)     Any change in design that is required during construction should be made by the licensed professional engineer whose seal and signature are shown on the plans. Another engineer may make revisions to the original engineering plans if so authorized by the owner of the plans, and if those revisions are noted on the plans or documents. All revisions shall be approved by the City Engineer.

(d)     If the City Engineer finds, upon inspection, that any of the required public improvements have not been constructed in accordance with the approved construction plans, the City's standards and/or the Standard Design Manual, then the developer shall be responsible for completing and correcting the deficiencies (at his/her expense) such that they are brought into conformance with the applicable standards.

2.     Testing laboratory services will be arranged by the City and paid for by the developer. It shall be the responsibility of City Engineer (or designee) to coordinate the scheduling of all required tests with the testing laboratory. Testing shall be conducted in accordance with the procedures set forth in Standard Design Manual for like work at the frequency specified thereon as directed by the City Engineer.

b.     Letter of Satisfactory Completion.

1.     The City will only deem required public improvements satisfactorily completed when the applicant's engineer or RPLS has certified to the City Engineer (through submission of detailed sealed “as-built”, or record, drawings of the property) drawings that indicate all public improvements and their locations, dimensions, materials and other information required by the City Engineer, and when all required public improvements have been completed.

(a)     The mylar “as-builts” shall also include a complete set of sealed record drawings of the paving, drainage, water, sanitary sewer and other public improvements, showing that the layout of the lines and grades of all public improvements are in accordance with engineering plans for the plat, and showing all changes made in the plans during construction, and containing on each sheet an “as-built” stamp bearing the signature and seal of the licensed professional engineer and the date.

(b)     One reproducible drawing of the utility plan sheets containing the as-built information shall also be submitted.

(c)     The engineer or RPLS shall also furnish the City with a copy of the approved Final Plat and the engineering plans, if prepared on a computer-aided design and drafting (CADD) system, in such a digital format (on disk) that is compatible with the City Engineer's CADD system.

2.     When the requirements of Subsection 1 above have been met to the City Engineer's satisfaction, the City Engineer shall issue a Letter of Satisfactory Completion.

c.     Effect of Acceptance. Acceptance of the development shall mean that the developer has transferred all rights to all the public improvements to the City for use and maintenance, subject to the one (1) year maintenance bond (see Section 6.6).

   Section 6.9:     Issuance of Building Permits and Certificates of Occupancy

a.     Building Permit. A building permit shall only be issued for a lot, building site, building or use after the lot or building site has been officially recorded by a Final Plat approved by the Planning & Zoning Commission and filed for record at Hunt County, and after all public improvements, as required by this Ordinance, have been completed: Notwithstanding the above, a permit may be issued as outlined below, provided that an agreement providing cash escrow, a letter of credit, or other sufficient surety (see Section 6.2) is approved by the Community Development Director for the completion of all remaining public improvements.

1.     Building “Foundation-Only” Permit. A building “foundation only” permit may be issued for a nonresidential or multifamily development. However, the building permit shall not be issued and building construction shall not be allowed to surpass the construction of fire protection improvements. In other words, the building shall not proceed above the slab level until all required fire lanes have been completed, and until all water lines serving fire hydrants have been completed, inspected and tested.

2.     Possible Release of Lots. The City Building Official may release some residential building permits for not more than ten percent (10%) of the lots within a new residential subdivision, provided that all public improvements have been completed for that portion of the development including those required for fire and emergency protection[.] No lot may be sold nor title conveyed until the Final Plat has been approved by the Planning & Zoning Commission and recorded at Hunt County.

b.     Certificate of Occupancy. A certificate of occupancy shall only be issued for a building or the use of property after a Final Plat has been approved by the Planning and Zoning Commission and recorded at the County, and after all subdivision improvements have been completed. Notwithstanding the above, a Certificate of Occupancy may be issued provided that an agreement providing cash escrow, a letter of credit, or other sufficient surety (see Section 6.2) is approved by the Community Development Director for the completion of all remaining public improvements, and provided that the structure is safely habitable in accordance with the City's Building Codes.

   Division VII. FILING FEES & PLAT RESUBMISSION REQUIREMENTS
   Section 7.1:     Schedule of Fees and Resubmission Requirements

a.     All submissions required under this Ordinance shall be accompanied by the payment of fees in accordance with the current Subdivision Fee Schedule. The Subdivision Fee Schedule shall be approved by the City Council and may be changed from time to time by the City Council without notice. It is the applicant's responsibility to obtain and comply with the City's current fee schedule and submission requirements.

b.     Such fees shall be collected for the purpose of defraying the costs of administrative, clerical, engineering, review, inspections, and testing necessary to properly review and investigate plats and subdivision construction.

c.     Such fees shall be imposed and collected on all applications for approval of any type of plat, regardless of the action taken by the Planning & Zoning Commission and City Council thereon. The Commission shall take no action until all required fees have been paid. The required fees shall not be refunded should the plat be disapproved.

d.     Resubmission of revised applications (such as Preliminary Plats) having substantial changes shall, at the discretion of the Director of Planning, require complete reapplication and payment of fees.

d[e].     Should a development application expire, or should it be denied by the Commission or the City Council, then that application ceases “pending” status and the application, and its corresponding series of development approvals and permits, shall be deemed null and void. Any future application for any type of development approval for that property shall be considered a new application, and shall be accompanied by new application materials, including new submission fees, and shall conform to all applicable City ordinances in effect at the time of submission of the new application.

d[f].     Recording fees for Final Plats filed in Hunt County is [are] separate. Such fees shall be paid following approval of the Final Plat, prior to the plat being filed for record at the County by the City.

   Division VIII ENFORCEMENT; VIOLATIONS; PENALTIES
   Section 8.1:     Enforcement; Violations; Penalties

a.     In addition to all other remedies and relief available to the City by law or in equity for a violation of this Subdivision Ordinance, the following nonexclusive forms of relief shall be available to the City:

1.     Violations and Penalties. Any person who violates any of these regulations for lands within the corporate boundaries of the City shall be subject to a fine of not more than two thousand dollars ($2,000.00) per day, with each day constituting a separate violation, pursuant to the Texas Local Government Code, Chapter 54, as amended.

2.     Civil Enforcement. Appropriate civil actions and proceedings may be maintained in law or in equity to prevent unlawful construction, to recover damages, to impose additional penalties, to restrain, correct or abate a violation of these regulations, whether such violation occurs with respect to lands within the corporate boundaries of the City or within the City's extraterritorial jurisdiction. These remedies shall be in addition to the penalties described above.

3.     Withholding of Subdivision Acceptance. Pursuant to the provisions of Division VI, Requirements for Acceptance of Subdivisions by the City, the City may refuse to grant final acceptance of a subdivision that does not fully and completely comply with all terms and conditions of this Subdivision Ordinance including, but not limited to, the refusal to issue building permits and certificates of occupancy, and the refusal to connect the property to City utilities and services.

   Division IX. EFFECTIVE DATE; ADOPTION
   Section 9.1:     Effective Date

a.     This Ordinance shall be effective as of October 6, 2006.

   Section 9.2:     Adoption of Ordinance

a.     Passed and approved by the City Council of the City of Greenville, Texas, this 26 day of September, 2006.

(Ordinance 06-117, sec. 2, adopted 9/26/06)