CHAPTER 38

SUBDIVISIONS

   ARTICLE 38.01 GENERAL PROVISIONS*

   Sec. 38.01.001     Definitions

For the purpose of this chapter, the following phrases, words, and their derivatives shall be construed as defined in this section. All other words shall have their usual meaning. Whenever a public official is referred to by only the title of his office, such reference shall be construed as if followed by the words “of the City of Lubbock or designee,” unless the context indicates otherwise:

Block face. A tract of land having continuous common street frontage and located on one side of a street between intersecting streets.

Building setback. Building lines (front, rear, and side) are lines located horizontally a minimum distance from and parallel to the corresponding (front, rear, or side) lot line. No portion of a building shall extend over such lines unless provided in chapter 40 (zoning) of this code.

City engineer. The person with that position title within the city, who may delegate certain tasks and responsibilities in this chapter to other city staff.

City park. An area, which may include a playa lake, defined by the parks department as an area providing for open space and associated recreational activities. Dedication of a public park must be recommended by the parks and recreation board, accepted by the city council, and dedicated by warranty deed.

Common ownership. The collective ownership of a property by two or more persons. The property is not held in any one person's name in particular, but in the names of all the persons.

Comprehensive land use plan. A plan for the long-range development of the city as authorized by the Texas Local Government Code, Title 7, Chapter 213, as amended.

Cut and fill plan. A plan, requiring approval of the planning and zoning commission, that indicates excavation and embankment representing the physical changes being made with a playa lake modification, or if outside a playa lake area, excavation and embankment that will affect surface drainage.

Dedication deed or dedicatory certificate. A deed that designates property, usually within a subdivision, with a particular legal description. It also designates the boundaries of land reserved for public use, such as streets or alleys, is signed by the owner(s) and primary lienholder(s) of the property being platted, and identifies easements for particular purposes such as utilities. A plat accompanies and illustrates the legal description and right-of-way dedications from the dedication deed.

Developer. A person who causes land to be divided into a subdivision; for this chapter same as subdivider.

Director. The head of a department who has decision-making responsibilities for portions of this chapter.

Drainage criteria manual. That manual adopted and approved by the city council that establishes requirements for drainage plans, drainage analyses, drainage design, and construction in newly developing or redeveloping areas. (Ordinance 10022, as amended)

Easement. An easement is the right of the public or an authorized entity or entities to use the land owned by another for a specific purpose.

Engineer. A professional engineer registered or licensed in Texas with specialty in civil engineering qualified to perform any engineering work necessary for approval of a plat and design and construction of subdivision improvements.

Excavation plan. A plan, requiring approval of the planning and zoning commission, for any cuts that resemble a mining operation or create a pit. Any cut exceeding six (6) feet in depth shall be submitted to the city engineer, who shall determine if an excavation plan is required.

Extraterritorial jurisdiction (ETJ). The unincorporated area, not part of any other city, which is contiguous to the corporate limits of any city as defined in the Texas Local Government Code, Title 2, Chapter 42, as amended.

Flood insurance rate map (FIRM). An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard areas and other flood areas and the risk premium zones applicable to the community.

Lake area. That part of any stormwater lake area within the corporate limits or in the extraterritorial jurisdiction of the city, the perimeter of which has been established by the city engineer at substantially the overflow elevation for overflow playas and the 500-year, 24-hour predicted peak water surface elevation for non-overflow playas. The lake area can either reside in its natural state or be modified through a cut and fill plan.

Lot, double frontage. A lot with frontage on two parallel streets, with vehicular access normally restricted to only one of the streets.

Lot or tract. A parcel of land under single or common ownership having access to a street or public access easement that has access to a street. Such parcel of land is designated as a separate and distinct lot or tract and is identified in a duly approved subdivision plat of record.

Master drainage plan. That plan adopted and approved by the city council that establishes an estimated peak water surface elevation for playa lakes and rates of overflow between lakes for certain areas studied within the corporate limits of the city and certain areas within the city's extraterritorial jurisdiction. (Ordinance 10022, as amended)

Parkway. That part of the public street right-of-way between the private property line and the back of curb, edge of strip street pavement, or edge of any improved and maintained street surface.

Planning and zoning commission. The city council appointed commission that advises the city council regarding zone changes and other matters that affect the growth and development of the community and reviews and approves plats.

Plat, final. A map or drawing of all or a portion of a subdivision prepared according to the city subdivision regulations by a registered professional surveyor, approved by the planning and zoning commission or other authority and filed in the county clerk's office as a legal designation. Final plat includes a replat.

Plat, preliminary. The conceptual design, presented as a drawing, for a proposed subdivision which serves as a working instrument for review and approval or denial by the planning and zoning commission. Required changes are noted within the acceptance or rejection of the plat by the planning and zoning commission. Each preliminary plat shall contain all contiguous property under single or common ownership and include topographic information.

Plats coordinator. An employee of the city designated by the director of planning to be the administrative staff person responsible for the platting coordination process.

Playa or playa lake. Any of several naturally occurring broad, shallow, roughly circular depressions of varying sizes and depths that serve as natural detention basins for stormwater flows within the city or its extraterritorial jurisdiction (ETJ). (See lake area.)

Predicted peak water elevation. The 100-year or 500-year water surface elevation of a lake as determined by procedures outlined in the drainage criteria manual.

Prorata administrator. An employee of the city designated by the city engineer to be the administrative staff personal responsible for the collection of funds or fees associated with improvements required to plat.

Public works engineering design standards and specifications. The design standards and construction specifications issued by the public works engineering department for water, sewer, storm sewer, and street paving improvements.

Replat. A final plat which relocates lot boundaries of existing platted lots, meeting the same requirements as a final plat.

Rule 12 plat. A plat of a routine nature approved by the chairman of the planning and zoning commission on recommendation of the director of planning with input from other departments and utilities. The name refers to rule number 12 in the planning and zoning commission rules of order that governs such plats.

Rule 15 plat. Plats that meet the conditions of a Rule 12 plat and also include a request for delay of water, sewer or paving, or a right-of-way/easement closure within the plat. The name refers to rule number 15 in the planning and zoning commission rules of order that governs such plats.

Shall, may. The word “shall” shall be deemed as mandatory; the word “may” shall be deemed as permissive.

Stormwater detention basin. An area dedicated for the primary use of stormwater impoundment. Undeveloped open space activities may also exist. Stormwater detention basins may be under public or private ownership.

Street. A dedicated public way primarily used for vehicular or pedestrian traffic as access to abutting properties or for other public uses such as allowed utility facilities. Cross-sections of the different types of streets are found in the public works engineering design standards and specifications.

Street access. Each platted lot or tract within the city shall front on a public street or, when approved by the planning and zoning commission, may front onto a public access easement or private street that has access to a public street.

Street, alley. The word “alley” shall mean any public street, having no official name, which is designed primarily for installation of and access to public utilities and services. The alley shall extend only secondary access to the abutting property unless paved for rear access.

Street, alley cut-off. A triangular tract of land formed at the intersection of two (2) alleys which provides for vehicle turn movements.

Street, centerline offset. Distance between the centerlines of streets intersecting a common street.

Street, collector. Collector streets are those which transfer traffic from residential streets to thoroughfare streets (C-1 on thoroughfare plan).

Street, expressway. See “street, freeway.”

Street, freeway. A major divided highway designed for high-speed travel, having few or no intersections and frontage roads with limited access to the main lanes (F on the thoroughfare plan). Also referred to as “expressway” in some portions of this code.

Street, industrial. Industrial streets are those which provide for safe and efficient travel of heavy industrial traffic from industrial areas to the major traffic system of thoroughfares and highways, including the principal entrance streets and streets for circulation in the industrial areas (I on the thoroughfare plan).

Street, private. A privately owned access easement, platted as a separate lot, that is not maintained by the city or any other public entity, that may or may not be open to the public, but provides access for emergency vehicles.

Street, residential. Residential streets are those which are used primarily for access to the abutting properties, generally within residential areas. There are three (3) classifications of residential streets (R-1, R-1A, and R-2).

Street, thoroughfare streets or highways. Thoroughfare streets are the major streets of the city traffic system. The thoroughfare is used primarily for fast and/or heavy traffic moving in large volumes at moderate speed on long intercity or intracity trips (T-1 or T-2 on the thoroughfare plan).

Subdivider. A person who causes land to be divided into a subdivision, for this chapter same as developer.

Subdivision. The division of a tract of land within the corporate limits, or within the extraterritorial jurisdiction of the city, into two (2) or more parts for the purpose of laying out any division of any tract of land or any addition to the city, or for laying out suburban lots or building lots or any lots and streets, alleys, or parks or other portions intended for public use, or the use of purchasers or owners of lots fronting thereon or adjacent to the streets, alleys, and parks. The term “resubdivision” and “addition” shall be included within this definition.

Surveyor. A registered professional land surveyor licensed to perform land surveying in the state.

Thoroughfare plan. A general plan adopted by ordinance by the city council for the public roads, streets, and highways within the corporate limits or in the extraterritorial jurisdiction of the city that designates the type and width of major streets.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012; Ordinance 2019-O0166, sec. 13, adopted 12/3/2019)

   Sec. 38.01.002     Title, statement of policy and requirement to plat

(a)     Title. This chapter shall be known as and may be cited as “subdivision regulations.”

(b)     Statement of policy. Texas law allows cities to coordinate the platting, replatting and conversion of raw land into subdivisions, including streets, alleys, and development parcels. This process, also known as platting, has long-range impact on the development of Lubbock. These regulations are formulated to serve the needs of all public and private interests within the city and surrounding areas. Lubbock citizens are entitled to live in a city with healthy and safe development patterns. The development sector should be free to create that environment in a positive business atmosphere and accept the public responsibility of his or her profession. The following regulations include not only protection for the subdivider's needs, but also the wants and needs of Lubbock citizens in the future.

(c)     Requirement to plat. The owner or owners of a tract of land within the corporate limits or in the extraterritorial jurisdiction of the city who divides the land in two or more parts must have a plat of the subdivision prepared in accordance with the Texas Local Government Code, Title 7, Chapter 212.004, as amended. Plats within the extraterritorial jurisdiction of the city will also come under the authority, review, and approval of the Lubbock County Commissioners Court.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012)

   Sec. 38.01.003     Enforcement

(a)     The director of planning shall administer and enforce this chapter unless such duties are otherwise delegated by the city manager.

(b)     Any person, landowner, building owner, or occupant of any land within the corporate limits or in the extraterritorial jurisdiction of the city who shall violate any of the provisions of this chapter, or shall fail to comply with any of the provisions of this chapter, or who shall violate any statement or plan approved hereunder shall be guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not to exceed five hundred dollars ($500.00). Each day such violation is committed or is permitted to continue shall constitute a separate offense. In addition to this remedy, the director of planning may institute on behalf of the city any appropriate action or proceeding to prevent any violation of this chapter.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012)

   ARTICLE 38.02 PLAT PROCEDURES

   Sec. 38.02.001     Development coordination

(a)     Subdividers are encouraged to meet with city staff prior to submittal of subdivision plats and cut and fill plans. A meeting with the county public works director is suggested for extraterritorial jurisdiction plats, as county development standards may differ from the city standards in this chapter.

(b)     The plats coordinator shall receive plats and cut and fill plans, communicate staff comments and direct subdividers to specific departments when questions exist.

(c)     City staff shall work with any subdivider to provide appropriate recommendations and advice for the preparation of subdivision plats.

(d)     The subdivider shall coordinate with the city engineer concerning drainage issues.

(e)     The subdivider shall bear responsibility for timely submission of subdivision plats or cut and fill plans which meet all requirements of this code. Submittal of required materials well in advance of deadlines will allow sufficient time for recommendations by staff to be considered by the subdivider.

(f)     Because all plats within the city and the city's extraterritorial jurisdiction become a part of total development, the subdivider should consider not only the area within the plat, but also the conditions of the abutting property and the interest of adjacent property owners.

(g)     Areas within the corporate limits or in the extraterritorial jurisdiction of the city subject to flood conditions, as established by the city engineer pursuant to the city's Drainage Criteria Manual and Master Drainage Plan or the Flood Insurance Study of Lubbock prepared by the Federal Emergency Management Agency (FEMA), shall not be considered for final plat until provisions for drainage are made and/or cut and fill plans have been approved by the planning and zoning commission.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012)

   Sec. 38.02.002     Requirements for building permit

(a)     Generally, building permits will be issued only on whole lots and tracts illustrated on recorded subdivision plats unless an exception is provided by planning and zoning commission policy or by this code.

(b)     However, legally described portions of lots in plats recorded prior to June 26, 1975 may be or have been sold when the resulting development parcel is under single or common ownership. Such portions of platted lots shall be eligible for a building permit subject to approval by the director of planning and may be subject to a requirement for covenant agreement as described in section 28.02.062. The director of planning's denial of a permit may be appealed to the planning and zoning commission.

(c)     For plats recorded on or after June 26, 1975, a permit may be issued on a legally described portion of a platted lot which is wholly owned and the owner(s) of the remainder of the platted lot(s) will not consent to a replat. Under these circumstances, issuance of a building permit is subject to approval by the director of planning. The director of planning's denial of a permit may be appealed to the planning and zoning commission.

(d)     A building permit shall not be issued on a platted lot or tract, or any portion authorized under the procedure in subsections (b) and (c), until such time as water and sanitary sewer service has been installed and is operational as determined by the city engineer or an exception is allowed by section 38.09.004(b) and the platted lot or tract is made accessible by way of an all-weather surface.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012)

   ARTICLE 38.03 PRELIMINARY PLATS

   Sec. 38.03.001     Procedures for submittal and review

(a)     The preliminary plat, including a preliminary drainage analysis and map prepared in accordance with this code and the drainage criteria manual, shall be prepared by a surveyor or engineer and shall be presented at the planning department in compliance with stated schedules and filing deadlines issued annually from the planning and zoning commission.

(b)     Three (3) copies of the preliminary plat and an electronic portable document format (.pdf) file shall be submitted to the plats coordinator together with an application and processing fee. A nonrefundable application fee for reviewing a preliminary plat shall be set annually in the city's budget ordinance. If no fee is established by budget ordinance, a minimum fee of one hundred dollars ($100.00) for the administrative costs of processing the application shall be required with the application and shall be paid to the plats coordinator at the time the application is submitted.

(b-1)     Preliminary plats shall be deemed filed when the planning department completes its review process and the plat is placed on the planning and zoning commission agenda.

(c)     Preliminary plats shall not be placed on the planning and zoning commission agenda for consideration unless the plat and other required documents are received by the plats coordinator before the stated filing deadline and meet the following requirements:

(1)     The following notice shall be printed on the face of each preliminary plat submitted: “Preliminary Plat - for inspection purposes only and in no way official or approved for recording purposes.”

(2)     Plat sheet sizes will be a minimum of eleven (11) by seventeen (17) inches to accommodate the following minimum map scales, however, one dimension of the plat sheet may not exceed thirty-six (36) inches:

(A)     One acre or less - Plat shall be submitted with a scale of one (1) inch per fifty (50) feet.

(B)     1.01 acres to 160 acres - Plat shall be submitted with a scale of one (1) inch per one hundred (100) feet.

(C)     More than 160 acres - Plat may be submitted with a scale of one (1) inch per one hundred (100) feet or one (1) inch per two hundred (200) feet.

(D)     Alternate plat scales may be approved by the director of planning.

(3)     All unsubdivided contiguous land under single or common ownership shall be included in the preliminary plat.

(4)     Scale, north arrow, date, exact acreage, and other pertinent data.

(5)     Property owner's name, address, and telephone number.

(6)     Accurate one-foot interval contours according to NAD83/NAVD88 datum or subsequent established United States Geodetic Survey data adopted by the city. The face of the preliminary plat must indicate the source, datum, and date of creation for the contour data.

(7)     Boundary lines, bearings, and distances sufficient to locate the exact area proposed for subdivision.

(8)     The name and location of all adjoining subdivisions shall be drawn to the same scale and shown in dashed lines adjacent to the tract proposed for subdivision in sufficient detail to show accurately the existing streets and alleys and other features that may influence the layout and development of the proposed subdivision. Adjacent unplatted land shall show property lines and owners of record. If the adjacent land has a current approved preliminary plat, it shall be shown on the proposed preliminary plat.

(9)     The location and width of all streets, alleys, public and private easements, and right-of-way existing or proposed within the subdivision limits, along with the proposed names of streets. A restriction prohibiting the fencing of any easement shall be stated on the face of the plat, unless otherwise provided by this code or approved by the affected user of the easement.

(10)     The location of proposed closures of existing streets, alleys, easements, and rights-of-way.

(11)     The known location of all existing property lines within the area proposed for subdivision.

(12)     Proposed arrangement of lots. All lots shall be numbered consecutively from one to the total number of lots in the subdivision. Tracts, if any, shall be lettered in alphabetical order.

(13)     The title of the proposed subdivision, the name of the owner with sufficient data to show ownership and the name of the person platting the tract. The proposed title shall not conflict with any previous subdivision name.

(14)     Lake areas, if any, shall conform to the requirements of articles 38.06 and 38.07 of this chapter.

(15)     Sites proposed for stormwater drainage and impoundment easements, parks or other property owned by the city or any other governmental entity shall contain no blanket or specific utility easement until approved by the city engineer or authorized representative of other governmental entities.

(16)     A preliminary drainage analysis and map that meets the requirements of the drainage criteria manual of the city.

(17)     Delay of water, sewer, or paving may be requested, subject to the requirements of this code.

(d)     Following staff review of the preliminary plat and other material submitted for conformity with these regulations, negotiations with the subdivider on changes deemed advisable and the kind and extent of improvements to be made, the planning and zoning commission shall, within thirty (30) days after submittal of a complete plat meeting the requirements of this section, act thereon as submitted or modified.

(e)     The planning and zoning commission shall express its decision in writing and include such action in the commission minutes. In granting conditional approval, the planning and zoning commission shall include the conditions, if any, of such approval in its decision. If the planning and zoning commission does not approve a plat, it shall express its disapproval and shall include its reasons for not approving the plat in its decision.

(f)     The planning and zoning commission has the authority to require a corrected or amended preliminary plat subsequent to the first approval. For each proposed plat or reapproval, the planning and zoning commission shall receive staff recommendation as to the need for a corrected preliminary plat. When a corrected or amended plat is required by the commission, review will follow the procedures set forth in this section.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012; Ordinance 2019-O0137, sec. 1, adopted 9/24/2019; Ordinance 2019-O0166, sec. 14, adopted 12/3/2019)

   Sec. 38.03.002     Procedures for plat renewal

(a)     Preliminary plats, including portions of any preliminary plat not having been filed as a final plat, require annual renewal (one year from approval date) to continue as an approved preliminary plat. Before the time for renewal, the director of planning will review the preliminary plat and notify the subdivider of options for renewal.

(b)     Review by the director of planning may determine that existing conditions and the preliminary plat are compatible, requiring no formal action by the planning and zoning commission. With such determination, the subdivider may choose to renew the preliminary plat or allow it to expire.

(1)     If the subdivider indicates a desire to renew the plat for another year and pays the plat renewal fee, the plat shall continue under the original stated conditions until the next annual review.

(2)     If the subdivider chooses not to renew the plat, or does not respond to the notification by the director of planning, the preliminary plat will expire.

(c)     Should the director of planning determine that conditions have changed to the extent that the preliminary plat requires revision, automatic renewal shall be denied.

(1)     Notification of denial shall be sent to the subdivider specifying the following:

(A)     Reasons why the plat renewal was denied.

(B)     Valid previous conditions and additional recommendations for amendment or correction.

(C)     The applicable fees, filing deadline, and meeting date of the planning and zoning commission when the review shall occur should the applicant choose to renew the plat.

(2)     If the subdivider chooses to renew the plat, review will follow the procedures set forth in section 38.03.001, including review by the planning and zoning commission.

(3)     If the subdivider chooses not to renew the plat, or does not respond to the notification by the director of planning, the preliminary plat will expire.

(d)     A nonrefundable application fee for automatic renewal of a plat or review of a plat that has been denied automatic renewal shall be set annually in the city's budget ordinance. If no fee is established by budget ordinance, a minimum fee of fifty dollars ($50.00) for the administrative costs of processing the application shall be required with the application and shall be paid to the plats coordinator at the time the application is submitted. If such fee is not received, the preliminary plat will expire.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012)

   ARTICLE 38.04 FINAL PLATS

   Sec. 38.04.001     Procedures for submittal and review of final plats

(a)     The final plat shall conform to the approved preliminary plat, and may constitute only a portion of the approved preliminary plat provided that such portions conform to all requirements of these regulations. The final plat shall contain right-of-way dedication for all internal and perimeter streets and alleys within the portion proposed for final plat as shown on the approved preliminary plat.

(b)     Final plats may also be approved under the procedures outlined in the planning and zoning commission rules of procedures. Such plats are known as Rule 12 and Rule 15 plats.

(c)     Any streets, alleys, or easements dedicated to the public within the proposed final plat boundaries that are proposed for closure must be closed by ordinance before the final plat can be recorded. These closures shall not be indicated on the final plat. The procedure for right-of-way closure is as follows:

(1)     Application for closure.

(2)     Preparation of final plat or replat and indicating closed right-of-way.

(3)     Council approval of closure.

(4)     File closure ordinance.

(5)     Final plat recorded.

(d)     Within three hundred sixty-five (365) days after approval of the preliminary plat, a final plat shall be prepared as specified in this chapter and submitted to the planning department; otherwise, such preliminary plat approval shall become null and void, unless renewal has been granted according to the procedures set forth in section 38.03.002.

(d-1)     Preliminary plats shall be deemed filed when the planning department completes its review process and the plat is placed on the planning and zoning commission agenda.

(e)     Plats shall not be distributed for review unless the plat and other required documents are received by the plats coordinator and such documents meet the requirements of this article. Required submittals are as follows:

(1)     Three (3) paper copies and an electronic portable document format (.pdf) file of the final plat. The following statement shall be printed on the face of each final plat submitted for review: “Final Plat - for inspection purposes only and in no way official or approved for recording. Release Date: [Insert date of Release].”

(2)     One (1) copy and an electronic portable document format (.pdf) file of the final drainage analysis and plan, if required.

(3)     One (1) copy and an electronic portable document format (.pdf) file of the cut and fill plan, if required.

(4)     Any supplementary materials required for approval.

(f)     A nonrefundable application fee for reviewing a final plat shall be set annually in the city's budget ordinance. If no fee is established by budget ordinance, a minimum fee of three hundred fifty dollars ($350.00) shall be required with the application and shall be paid to the director of planning at the time the application is submitted.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012; Ordinance 2019-O0137, sec. 2, adopted 9/24/2019)

   Sec. 38.04.002     Engineering procedures for final plats

(a)     The proponent of a final plat shall secure the services of an engineer to perform the engineering work necessary for public facilities. The engineer shall prepare plans, specifications, and estimates for water, sewer, street, and drainage improvements. The city will perform testing and inspection of the improvements during construction. An engineer shall also prepare any necessary cut and fill plans.

(b)     Engineering shall be in accordance with the provisions of this code. Upon payment of review fees established by chapters 22 and 36 of this code, the city engineer shall review plans, specifications, and estimates prepared by the proponent's engineer in a timely manner.

(c)     The city engineer shall express written approval or disapproval of such plans, specifications, or estimates and shall state the conditions, if any, of such approval or disapproval.

(d)     No final plat shall contain a utility easement within any stormwater drainage and impoundment easements, city park, or other city property without prior written approval of the city engineer.

(e)     Fees for testing and inspection of required improvements, as established by chapters 22 and 36 of this code, shall be paid prior to installation of these public facilities.

(f)     Prior to recording of a final plat, the subdivider shall have caused the construction of the public improvements required in article 38.09 to the satisfaction of the city engineer, or shall obtain a bond in lieu of required improvements in accordance with the provisions of section 38.09.009.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012)

   Sec. 38.04.003     Final plat survey and control

(a)     The survey for a final plat shall be prepared only by a surveyor.

(b)     The final plat dimensional control shall be in units of U.S. survey feet to the nearest one-hundredth of a foot. Directional control shall be shown as bearings to the nearest arc second. The description of the methodology used and the source, datum, and date of creation of the relevant points must be included on the face of the plat. Control for a final plat shall be established by one of the following methods.

(1)     The final plat may be tied by survey to adjacent section corners and lines; or

(2)     When the approved subdivision abuts or is adjacent to an existing recorded plat of the city, the final plat may be tied by survey to such existing plat.

(c)     The final plat shall include horizontal coordinates on at least two of the boundary corners relative to the Texas Coordinate System of 1983, North Central Zone datum as described in Texas Natural Resources Code, Title 2, Chapter 21, as amended, or subsequently established United States Geodetic Survey data adopted by the city.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012)

   Sec. 38.04.004     Final plat requirements

(a)     To initiate the final plat approval process, three (3) reproducible copies on high-quality bond paper and an electronic portable document format (.pdf) file of the final plat shall be submitted to the plats coordinator. One (1) additional copy must be submitted for plats in the extraterritorial jurisdiction. If necessary, the plat may be on several sheets, with a cover sheet containing an index showing the entire subdivision.

(b)     Plat sheet sizes will be between eleven (11) by seventeen (17) inches and twenty-four (24) inches by thirty-six (36) inches to accommodate the following minimum map scales:

(1)     One acre or less - Plat shall be submitted with a scale of one (1) inch per fifty (50) feet.

(2)     More than one acre - Plat shall be submitted with a scale of one (1) inch per one hundred (100) feet.

(c)     If changed circumstances exist, the director of planning may require the submission of an updated final plat document prior to filing.

(d)     The final plat shall incorporate all preliminary plat information and conditions approved by the planning and zoning commission and shall clearly illustrate the following:

(1)     The plat boundary and the exact acreage included in that boundary.

(2)     Title or name of the plat. If a lot or tract is replatted, all land in the original lot(s) or tract(s) must be replatted in order to retain the original plat name. A replat cannot “orphan” a part of a lot.

(3)     The map scale, horizontal datum, north arrow and date.

(4)     Reference by name to recorded plats of adjacent and abutting properties.

(5)     Boundary lines of all lots, tracts, and parcels with accurate dimensions, bearings, radii, chord distances, and central angles of all curve segments, for all total curves.

(6)     Numbers and letters to identify each lot or tract.

(A)     Lots shall be numbered consecutively from one to the total number of lots in the subdivision. Tracts shall be lettered in alphabetical order. Such designation will be continuous in the order that final plats of portions of a preliminary plat are recorded with the county clerk.

(B)     Replatted lots will be designated alphanumerically (e.g. Lot 1-A), and further subdivision will alternate numbers and letters (e.g. Lot 1-A-1, Lot 1-A-1-A). The same alternating method will be used for tracts (e.g. Tract A-1, Tract A-1-A, Tract A-1-A-1)

(7)     All street and alley rights-of-way and easements will be shown on the plat and the purpose and restrictions of use of such easement indicated.

(A)     Accurate location, dimensions, bearings, radii, chord distances, and central angles of all curve segments, for all total curves, shall be provided to readily establish location of rights-of-way and easements. Location of points of intersection and points of tangency of street intersections other than right angle intersections shall be indicated.

(B)     A key of abbreviations for easement types shall be included on the plat.

(C)     Legal references shall be provided for all previous dedications and easements.

(8)     Name of each street and width of streets, alleys, and other right-of-way.

(9)     All platted lots and tracts shall provide for collection of garbage consistent with article 22.06 of this code unless alternatives are approved by the city council.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012)

   Sec. 38.04.005     Required notices on final plats

(a)     The following surveyor's certificate shall be placed on every final plat and signed by the surveyor prior to submission to the planning department:

KNOW ALL MEN BY THESE PRESENTS:

That I, __________________, do hereby certify that I prepared this plat from an actual and accurate survey of the land and that the corner monuments and/or other control shown thereon were properly placed under my personal supervision, in accordance with the Subdivision Regulations of the City of Lubbock, Texas.

_______________________________________________

(b)     The following certificate of approval by the planning and zoning commission shall be placed on every final plat and signed prior to recording of the plat documents at the courthouse:

Approved this _________ day of _______________________, 20______,

by the Planning and Zoning Commission of the City of Lubbock, Texas.

________________________________________________

Chairman

________________________________________________

Director of Planning

(c)     The following notices shall be stated on the face of every plat:

(1)     “Heavy lines indicate plat limits.”

(2)     “All streets, alleys, and easements within plat limits are herein dedicated unless noted otherwise.”

(3)     “No building permit shall be issued on any survey certificate that is not in accordance with an approved final plat unless exception is provided by the Planning and Zoning Commission policy or by the Lubbock Code of Ordinances.”

(4)     “All utility service shall be in accordance with the Underground Utilities Policy Statement by the Planning and Zoning Commission of the City of Lubbock, Texas and the provisions of section 36.09.095 of the Lubbock Code of Ordinances.”

(5)     “Any relocation or revision of existing facilities shall be at the subdivider's expense. Compensation shall be made prior to the recording of this final plat.”

(6)     “All existing or proposed utility services to and on tracts indicated by this plat shall be contained in the public right-of-way and public or private utility easements. Utility service installation requested at a future date and not within an easement indicated by this plat, shall be within a proper utility easement granted by the owner of said property by separate recorded instrument prior to the provision of such service. Such easements shall be at the expense of the entity requesting such installation.”

(7)     “All easements herein granted shall entitle the city or the utility company using such easements to the right to remove, repair or replace any lines, pipes, conduits, or poles within such easements as may be determined by the city or utility company without the city or utility company being responsible or liable for the replacement of improvements, paving, or surfacing of the easement necessitated by such repair, removal, or replacement. Easements designated or intended for vehicular passage (utility and emergency) or pedestrian access shall not be fenced or otherwise obstructed.”

(8)     “Any easements or rights-of-way shown as ‘to be dedicated by separate instrument' are shown on the plat for information purposes only. This plat does not dedicate said easements.”

(9)     “Minimum floor elevations shall conform to the requirements of the Lubbock Drainage Criteria Manual, as adopted by Ord. 10022, as amended, and Section 28.09.131, Section 28.14.004, and Section 30.03.073 of the Lubbock Code of Ordinances.”

(d)     The following notices shall be stated on the face of the plat when they apply to that particular plat:

(1)     Any notices required in section 38.04.006 for lake or flood hazard areas.

(2)     “Blanket solid waste collection easement as required for service [within the plat limits or insert specific lot or tract designation] is herein granted.”

(3)     “Blanket [insert ‘underground' if applicable] utility easement as required for service [within the plat limits or insert specific lot or tract designation] is herein granted to [insert name of public, private or franchise utility or certificated service provider of telecommunications].”

(4)     “Public pedestrian access easement is herein granted for persons traversing along the public parkway and needing to enter onto private property for the purpose of crossing a driveway. The easement is limited to those portions of the as-constructed driveways and walks which may extend outside public right-of-way onto private property and are constructed for the continuance of the accessible routes across the back of the driveway. This easement applies to existing and any future drive entrances as constructed.”

(5)     Plats in the city's extraterritorial jurisdiction shall include a certificate of approval by the county commissioner's court that shall be placed on every final plat and signed prior to recording of the plat documents at the courthouse.

APPROVED this ______________ Day of _____________, 20____, by

The Commissioners Court of the COUNTY OF LUBBOCK, TEXAS

APPROVED

____________________________________________________________

COUNTY JUDGE

ATTEST

____________________________________________________________

COUNTY CLERK

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012)

   Sec. 38.04.006     Required notices for final plats containing lake or flood risk areas

(a)     When any portion of a proposed plat contains a lake or other flood risk area identified on the Federal Emergency Management Agency flood hazard maps, the following notice shall be printed on the face of the final plat:

     “Either all or a portion of this surveyed property lies within a ‘Special Flood Hazard Boundary.' These boundaries are established by the Federal Emergency Management Agency, not this surveyor. Flood hazard maps are on file at City Hall, Lubbock, Texas and are open for public inspection.”

(b)     If any portion of a lake area is included in a proposed final plat, such areas shall be designated as a stormwater drainage and impoundment easement.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012)

   Sec. 38.04.007     Documents required prior to recording a final plat

(a)     In addition to the final plat document, certain documents shall be provided before a final plat can be recorded. While some documents are required for all plats, others are only required when the circumstances and conditions of the plat require them. The director of planning will notify the subdivider of the required documents. Descriptions of certain documents that may be required before a final plat can be recorded are as follows:

(1)     A dedication deed or dedicatory certificate executed by all persons, firms or corporations owning an interest in the property subdivided and platted and acknowledged in the manner prescribed by the laws of the state for conveyances of real property shall be submitted for each final plat. Two (2) true copies shall be furnished with the original. The dedication deed shall include the following information:

(A)     The spouses of any married party executing such dedication deed shall join with their spouses therein unless satisfactory proof be provided showing that the property to be subdivided is the sole and separate property of the spouse signing such deed and that such property does not constitute any portion of such party's homestead, in which case the instrument of dedication shall state the fact that the property subdivided and platted does not constitute a part of such party's homestead and positively designates and identifies such party's actual homestead.

(B)     Lienholder shall execute a subordination agreement subordinating their liens or enter into the dedication or granting, if any, of all public streets, alleys, parks, public easements, and any other public areas shown on the plat of such subdivision as being set aside for public uses and purposes.

(C)     The dedication deed shall, in addition to the above requirements, contain the following:

(i)     An accurate description of the tract of land subdivided.

(ii)     A statement and express representation that the parties joining in such dedication deed are the sole owners of such tract of land.

(iii)     An express dedication, if any, to the public for public use forever of any streets, alleys, rights-of-way, stormwater drainage and impoundment easements, parks, public easements or other public places shown on the plat.

(iv)     A positive reference and identification of the plat of such subdivision by the name of such subdivision, date of plat, and name of surveyor preparing the plat.

(2)     A certificate of ownership statement prepared by a qualified attorney or title insurance company licensed to do business in Texas shall be submitted with each final plat certifying that the title to the property has been examined and naming all owners and lienholders of said tract of land.

(3)     A current tax certificate from the Lubbock Central Appraisal District is required with each final plat showing that all taxes have been paid on the tract to be subdivided and that no delinquent taxes exist against the property.

(4)     As-built plans or drawings bearing the seal of an engineer of any required water, sewer, paving, and drainage improvements as approved by the city engineer and constructed in conformance with chapters 22 and 36 of this code, or a bond in lieu of required improvements in accordance with the provisions of section 38.09.009.

(5)     If required, a final drainage plan and analysis that meets the requirements of the drainage criteria manual and master drainage plan and has been approved by the city engineer.

(6)     If required, as-built cut and fill plan prepared by the subdivider's engineer or surveyor, or a bond in lieu of required improvements in accordance with the provisions of section 38.09.009.

(7)     The city engineer shall furnish the director of planning with verification that all improvements required by this chapter have been satisfactorily completed in accordance with this code, or that the subdivider has complied with the provisions of section 38.09.009.

(8)     Such other ordinances, protective covenants, certificates, affidavits, endorsements, dedications, and closures and abandonments as may be required for the enforcement of these regulations shall be provided as a separate instrument to be recorded with the plat. Other plat associated documents, such as subdivision deed restrictions, may be recorded with the plat if the subdivider chooses.

(b)     When the requirements of this chapter for a final plat have been met and all plat fees, filing fees, engineering fees, and all costs of required improvements detailed in article 38.09 of this chapter have been paid, the final plat will be recorded at the county courthouse.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012)

   ARTICLE 38.05 PLAT DESIGN STANDARDS

   Sec. 38.05.001     Street standards

Streets serve several major functions, including traffic and pedestrian movement and drainage. The subdivider shall consider the impact of any proposed development on each of these functions:

(1)     The arrangement, character, extent, width, grade, and location of all streets shall conform to the thoroughfare plan and other master plans of the city. The proposed streets shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.

(2)     Where such is not shown on the thoroughfare plan, the arrangement of streets in a subdivision shall either:

(A)     Provide for the continuation of appropriate projection of existing principal streets in surrounding areas; or

(B)     Conform to a plan for a neighborhood approved or adopted by the planning and zoning commission to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impractical.

(3)     The subdivider shall assume responsibility for providing a plan which continues all thoroughfare and collector streets in accordance with the current thoroughfare plan and provides for residential streets in accordance with this chapter. The proposal shall provide continuity of the street names in accordance with chapter 36 of this code and shall consider all existing and potential development adjacent to and abutting the proposed plat.

(4)     Where a subdivision abuts or contains an existing or proposed thoroughfare or greater street, residential lots shall not use such thoroughfare or greater street as primary access unless approved by the planning and zoning commission. When the planning and zoning commission deems such situations inadvisable, the commission may require marginal access streets, reverse frontage, lots with rear service alleys or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic. When double frontage lots occur, the plat shall indicate that the lesser designated street frontage involved will provide primary access to the lots in question.

(5)     Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, the planning and zoning commission may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate uses of the intervening land. Such distances shall also be determined with due regard for the requirements of approach and future grade separations.

(6)     Street design with centerline offsets of less than one hundred twenty-five (125) feet shall be avoided and considered by the planning and zoning commission only when specific circumstances dictate a need for less offset.

(7)     Street intersections shall be as near to right angles as possible and four-way intersections of residential streets shall be avoided unless recommended by the city engineer for drainage purposes.

(8)     At each street intersection, the right-of-way line at each block corner shall have a fifteen (15) foot by fifteen (15) foot angled cut-off at street intersections. Any collector or thoroughfare designated street intersecting another thoroughfare or freeway designated street shall have a thirty (30) foot by thirty (30) foot angled cut-off at the street intersections.

(9)     Right-of-way widths, as well as the curb and gutter and pavement design criteria for streets, shall be in accordance with the city public works engineering design standards and specifications and the thoroughfare plan.

(A)     R-1A designated streets are the minimum width streets allowed in new developments. R-1A streets serve residential areas in low traffic volume neighborhoods.

(B)     R-1 designated streets are allowed throughout residential subdivisions or may be utilized as “sub-collector” streets in conjunction with R-1A streets. As a “sub-collector,” R-1 streets collect traffic from lower traffic volume R-1A streets and connect with collector or thoroughfare designated streets.

(C)     R-2 designated streets shall be required around parks, schools, apartment and commercially zoned properties, medical areas or other similar higher traffic volume areas.

(D)     Collector (C-1) or thoroughfare (T-1, T-2) designated streets shall be required at locations as shown on the thoroughfare plan. Should factors such as topographic problems or a special subdivision design dictate an alternate collector street location, exceptions to collector street locations may be possible through design submittal by the subdivider and review and approval by staff and planning and zoning commission during the plat approval process.

(E)     Industrial (I) designated streets shall be required in areas having industrial or manufacturing zoning classifications.

(F)     If the director of planning determines that a proposed development contains unique circumstances that cannot be accommodated by the standard street widths in this chapter, such as boulevards and one-way streets, an alternative design may be considered by the staff and planning and zoning commission during the plat review process.

(10)     Half-streets shall be allowed only where essential to the reasonable development of the subdivision, with approval of the city engineer as provided in section 36.07.004, and where the planning and zoning commission finds it will be practical to require the dedication of the other half when the adjoining property is subdivided. Wherever a half-street is adjacent to an unsubdivided tract, the other half of the street shall be dedicated when the adjacent tract is platted.

(11)     When half-width paving is approved, the subdivider shall obtain a working easement from the adjacent landowner for installation of the half-street paving improvements. Approval by the city engineer shall be required for half-width paving where full width dedication exists.

(12)     Dead-end streets may be platted where the planning and zoning commission deems acceptable and where the land adjoins property not subdivided, in which case the streets shall be carried to the boundaries thereof. Barricades and signage will be required for dead-end streets, and such cost will be borne by the subdivider.

(13)     Cul-de-sac streets shall not be longer than six hundred (600) feet and shall be provided at the closed end with a turnaround having an outside right-of-way diameter of at least one hundred (100) feet (minimum diameter of eighty-six (86) feet for R-1 and R-1A designated streets). Length of cul-de-sac streets is encouraged to be no greater than three hundred thirty (330) feet. Cul-de-sac streets shall be measured from the midpoint of the closest intersection to the center of the cul-de-sac radius.

(14)     In consideration of the drainage function of streets, when cul-de-sac or dead-end streets abut undeveloped property, the subdivider shall be responsible for obtaining drainage easements onto or through abutting property sufficient to ensure drainage of the proposed development. If needed for drainage, the cul-de-sac shall have a minimum twenty (20) foot drainage easement to the adjacent street, alley or property line, though greater width may be required if the drainage plan for the subdivision indicates the need. Such easements shall be included within the limits of the adjacent lots and the maintenance of these easements is the responsibility of the property owner.

(15)     Cul-de-sac streets, whether containing a drainage easement or not, shall be platted with a pedestrian access easement, a minimum of four (4) feet in width, from the cul-de-sac to the abutting street. A fence shall not block such access. A subdivider can refer to chapter 40 (Zoning) of this code for fence height specifications. Pedestrian access is not required to connect a cul-de-sac to an alley.

(16)     Sidewalks are required under chapter 36 of this code and shall be constructed and maintained. Installation of sidewalks is not a requirement prior to final plat, but is required with the permit for construction of improvements on an individual platted lot or tract.

(17)     Islands or medians shall be allowed in public streets only when approved by the city council. Prior to city council consideration, the subdivider and/or their engineer shall be required to submit special design and construction details of the pavement structure to the city engineer for any streets adjacent to any proposed landscaped islands or medians with irrigation systems. As a standard, concrete pavement will be the minimum pavement structure considered for streets adjacent to irrigated islands or medians. Islands and medians shall be platted as separate lots or tracts and shall remain under private ownership and maintenance unless otherwise approved by the city council.

(18)     Private streets and common areas shall be platted as separate lots or tracts and shall remain under private ownership and maintenance unless otherwise approved by the city council.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012)

   Sec. 38.05.002     Alley standards

(a)     General alley provisions. Alleys shall be provided in all zoning districts, except that the planning and zoning commission may approve plats where other definite and assured provision, such as public access easements, is made for service access.

(1)     In residential districts, alleys shall be provided parallel or approximately parallel to the frontage of all streets.

(2)     The width of any alley shall be twenty (20) feet. The subdivider shall be responsible for obtaining the full width right-of-way dedication from the adjacent owner(s) if necessary.

(3)     Where two (2) alleys intersect and where an alley intersects a public street, a cut-off of not less than ten (10) feet along each right-of-way line from the normal intersection of those right-of-way lines shall be provided.

(4)     Where an alley has a direction change of fifteen (15) degrees or greater, a cut-off of not less than ten (10) feet by ten (10) feet along the inside right-of-way line from the angle point shall be provided.

(5)     Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with turnaround facilities at the dead end as determined by the planning and zoning commission.

(6)     Alleys shall be arranged to assure proper drainage.

(7)     Alleys used for drainage, except those adjacent to residential properties zoned “RR,” “R-1,” “R-1A,” or “R-2” shall be paved to the point of discharge at the nearest paved street, another paved alley or drainage channel.

(b)     Paved access alleys. Certain development projects may use rear access. In these cases, consideration must be provided for the primary access and secondary access function being combined on the alley. When rear access is proposed, the subdivider shall provide:

(1)     A standard twenty-foot alley shall be dedicated that meets the general requirements for alleys in subsection (a).

(2)     Paved access alleys shall be paved with concrete to specifications in the public works engineering design standards and specification. The paving shall consist of a ten-foot concrete section in the center of the right-of-way. A wider concrete paving cross-section may be installed with approval of the city engineer.

(3)     The subdivider shall ensure the installation of all public utility services and utility service taps to each adjacent lot prior to preparation for and actual paving of the alley. Tap locations shall be properly identified for future location. Every vehicular access to the alley paving shall be paved.

(4)     The following requirements for alleys adjacent to townhouse development shall be met:

(A)     A ten (10) foot minimum width concrete paved vehicular access easement from the paved alley to the front street shall be provided for each two hundred fifty (250) feet of development. The paved connection to the front street shall be via a standard residential drive approach that is a minimum of 10 feet wide at the property line.

(B)     The access easements shall be included as a part of each adjacent lot and may only be platted as a separate lot or tract with documentation of perpetual maintenance by a homeowner's association or other similar entity.

(C)     Maintenance of such access easements shall remain a private responsibility.

(D)     Each paved vehicular access easement shall have a concrete paved cut-off of not less than ten (10) feet along the paved alley line and the access easement line from the normal intersection of the access easement and the alley paving.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012; Ordinance 2017-O00159, sec. 61, adopted 12/18/2017; Ordinance 2018-O0066, sec. 77, adopted 6/14/2018)

   Sec. 38.05.003     Block standards

(a)     The lengths, widths, and shapes of blocks shall be determined with due regard to:

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

(2)     Needs for convenient access, circulation, control, and safety of street traffic. In areas where residential streets intersect, four-way intersections shall be avoided.

(3)     Limitations and opportunities of topography. Not only shall conditions within the proposed plat be considered, but also the topography of adjacent and abutting properties, whether platted or unplatted.

(b)     Block length and depth shall relate directly to conditions, opportunities, and constraints for creating the greatest benefit to traffic circulation, safety, drainage, and zoning.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012)

   Sec. 38.05.004     Lot standards

(a)     The lot size, width, shape, and orientation shall be appropriate for the location of the subdivision and for the type of development and use contemplated, and lot dimensions shall conform to the requirements of the zoning ordinance.

(b)     Each lot shall front upon a public street or, when approved by the planning and zoning commission, the lots may front onto an access easement that has access to a public street.

(c)     Double frontage residential lots shall be avoided, except where essential to provide separation of residential development from thoroughfares or to overcome specific disadvantages of topography and orientation. The street frontage providing primary access to any double frontage residential lot shall be the lesser designation of the two (2) streets involved.

(d)     Side lot lines shall be substantially at right angles or radial to street lines.

(e)     Where the area is divided into larger lots than for normal urban building sites and, in the opinion of the planning and zoning commission, any or all of the tracts are susceptible of being resubdivided, the original subdivision shall be such that the alignment of future street and utility dedication shall conform to the general street layout in the surrounding area.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012)

   Sec. 38.05.005     Standards for drainage improvements and playa lake cut and fills

(a)     Drainage improvements shall be constructed with concrete or other materials approved by the city engineer and in conformance with the plans and specifications prepared by the subdivider's engineer and approved by the city engineer.

(b)     Drainage easements and improvements constructed within the easements shall be at the width, slope, and cross-section determined by the drainage plan and analysis approved with the final plat.

(c)     Playa lake cut and fill plans and the excavation and embankment operations shall comply with the requirements set forth in article 38.07 of this code and the drainage criteria manual unless alternatives to those requirements are approved by the city engineer.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012; Ordinance 2019-O0166, sec. 15, adopted 12/3/2019)

   ARTICLE 38.06 PLAYA LAKES DEVELOPMENT AND OWNERSHIP

   Sec. 38.06.001     Ownership policy

Playa lakes are an essential element of drainage systems both in and adjacent to the city. When critical amounts of development have occurred within any particular watershed, the public may benefit from owning the property as part of the overall drainage system. Proposals for such ownership shall include a determination by the city council that a substantial benefit shall accrue to the public. No lake areas will be accepted in relatively undeveloped areas unless circumstances exist which merit an exception. (Ordinance 2012-O0039, sec. 1, adopted 5/3/2012)

   Sec. 38.06.002     Dedication methods

(a)     At a minimum, all land area below the predicted peak water elevation of a lake as determined by procedures outlined in the drainage criteria manual and this article shall be dedicated to facilitate stormwater drainage. The subdivider shall provide a facilities maintenance agreement to indicate which entity will be responsible for the operations and maintenance of facilities.

(b)     The subdivider shall dedicate or deed to the city, as applicable, the lake land in one of the following ways:

(1)     The lake area may be dedicated as a stormwater drainage and impoundment easement, subject to approval by the planning and zoning commission, and shall meet the requirements set forth by the drainage criteria manual and this article.

(2)     The lake area may be deeded by general warranty deed to the city as public property for a stormwater detention basin, subject to approval by the city council, after review and recommendation by the planning and zoning commission and the city engineer, and shall meet the requirements set forth by the drainage criteria manual and this article.

(3)     The lake area and additional adjacent property may be deeded by general warranty deed to the city as a city park, subject to approval by the city council, after review and recommendation by the planning and zoning commission and parks and recreation board, in cooperation with the director of planning, director of parks, and the city engineer. The lake area shall meet the requirements set forth by the drainage criteria manual and this article.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012; Ordinance 2019-O0166, sec. 16, adopted 12/3/2019)

   Sec. 38.06.003     Standards

(a)     The following standards shall be met prior to the recording of a final plat that includes a stormwater drainage and impoundment easement:

(1)     Any portion of a lake area included in a proposed final plat shall be dedicated as a stormwater drainage and impoundment easement prior to or with the recording of the final plat.

(2)     The easement area shall be in conformance with the approved cut and fill plan and the requirements of the drainage criteria manual.

(3)     A bond in lieu of completing a required cut and fill or other improvements may be allowed prior to the recording of the final plat. A refund of any bond shall not be made until such time as all required improvements have been completed and appear to be operating effectively.

(4)     A facilities maintenance agreement shall be provided indicating which party, or parties, will be responsible for the operations and maintenance of the facilities.

(b)     The following standards shall be met prior to the final conveyance of a stormwater detention basin by general warranty deed to the city:

(1)     The requirements for minimum development standards for stormwater drainage and impoundment easements as set forth in subsection (a) of this section are in place and are operating effectively.

(2)     The lake basin shall be graded in accordance with this code and the drainage criteria manual. Any playa lake requested for city acceptance which has side slopes that exceed the maximum slopes allowed by this code and the drainage criteria manual shall be considered on a case-by-case basis by the city engineer. The owner or developer of a lake area with excessive side slopes may be required to reshape the cut and/or fill slopes of the lake prior to acceptance.

(3)     The owner or developer shall submit an erosion control plan and install erosion control measures as approved by the city engineer. Prior to submission of the erosion control plan, the owner/developer and the city engineer shall perform an initial inspection of the subject property. The erosion control plan shall include:

(A)     A complete description of the lake area proposed for conveyance.

(B)     A complete description of the problem areas or areas of concern as discussed and noted with the field inspection made by the owner/developer and the city engineer.

(C)     A complete description of any necessary and/or proposed improvements to be made to the subject property. This includes any designs, plans, and specifications for materials and construction of the improvements.

(D)     A complete description of the dates of all previous cut and fill operations of the lake, the predicted peak water elevation of the lake as determined by procedures outlined in the drainage criteria manual, an estimated normal pool elevation of the lake, and other information regarding any previous erosion control measures that have been constructed by the owner/developer.

(E)     Date of expected completion of the proposed improvements.

(4)     Some requirements for the erosion control plan may not be required if the lake is in its natural state and has not been modified through a cut and fill operation. In proper locations, opportunities for preserving and maintaining the natural habitat shall be considered.

(5)     The owner/developer shall be required to sample the water in any playa lake proposed for city ownership. Composite samples shall be taken as described below, and analyzed by a certified laboratory, and the samples shall be collected and tested as follows:

(A)     Composite samples may be collected manually. Equal volume aliquots shall be collected at the time of sampling and then composited in the laboratory or the aliquot volume may be collected and composited in the field.

(B)     Sampling duration: Samples shall be collected within twelve (12) hours of a storm event.

(C)     A minimum of four (4) aliquots, being at least one (1) aliquot from each quadrant of the playa lake, shall be collected for the composite sample.

(D)     Analysis and collection of samples shall be performed in accordance with the methods specified in 40 CFR Part 136. Where an approved method in Part 136 does not exist, then a method approved by the city engineer shall be used.

(E)     Tests shall be conducted on the parameters required by the Texas Commission on Environmental Quality's Texas Pollutant Discharge Elimination System permit (TPDES).

(F)     Additional testing may be mandated by federal or state regulatory agencies or the city council.

(G)     Once completed, a summary of the test results shall be furnished to the city engineer for review. If there appears to be a significant water quality problem, based on analysis, the city engineer may require that the problem be corrected, to the best of the owner/developers ability, before the city assumes ownership of the lake area as public property. If the lake bottom is dry then a composite soil sample, as directed by the city engineer, shall be analyzed under the same parameters discussed in subsection (E) above.

(6)     The owner/developer shall make the city engineer aware of any privately constructed facilities (i.e. buildings, parking lots, pumps, aeration devices, etc.) existing within the lake area.

(A)     The city engineer and the director of parks will review the existing facilities to determine if they may be allowed to remain in the lake area. Any facility determined to be of no benefit to the city shall be removed by the owner/developer prior to conveyance of the property.

(B)     Any existing facility that remains in place in order to serve adjacent private property may require a maintenance agreement to be established whereby the private property owner shall continue to maintain the existing facility within the lake area.

(7)     The subdivider, upon the completion of the requirements and standards of this article, may request acceptance of a stormwater detention basin as city property. After review and recommendation by the city engineer, the city council may choose to accept the property.

(8)     A bond in lieu of completing a required cut and fill or other improvements may be allowed prior to the recording of the final plat. A refund of any bond shall not be made until such time as all required improvements have been completed and appear to be operating effectively.

(c)     If a playa lake falls within an area where the need for park property is indicated on the parks master plan or by the park and recreation board, the owner/developer may negotiate for the acceptance of the lake property as a city park. The owner/developer shall coordinate with the director of parks on any issue pertaining to park development. The following standards shall be met prior to the final conveyance of property as a city park:

(1)     The requirements for minimum development standards for stormwater drainage and impoundment easements and stormwater detention basins (subsections (a) and (b) of this section) are in place and operating effectively or properly secured.

(2)     All park improvements, as agreed upon by the subdivider and the city, shall be installed or properly secured.

(3)     Property deeded to the city as a park shall meet the minimum requirements for areas located above the high water elevation of a playa lake as set forth by the parks master plan or negotiated with the park and recreation board.

(4)     Required improvements within the proposed park area shall be negotiated and approved by the director of parks and the park and recreation board.

(5)     Any irrigation system, approved by the director of parks, shall be installed by the owner/developer prior to any vegetative cover being placed around the lake area.

(6)     Any variances to the requirements and standards required for the dedication of park property shall be approved in writing by the director of parks and/or the park and recreation board.

(7)     Upon completion of the requirements and standards of this article, the owner/developer may request acceptance of the proposed park area as city property. After review and recommendation by the city engineer and director of parks, the city council may choose to accept the property.

(8)     A bond in lieu of completing a required cut and fill or other improvements may be allowed prior to the recording of the final plat. A refund of any bond shall not be made until such time as all required improvements have been completed and appear to be operating effectively.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012; Ordinance 2019-O0166, sec. 17, adopted 12/3/2019)

   Sec. 38.06.004     Development requirements

(a)     Development of all lake areas shall conform to all requirements of the drainage criteria manual, including the following:

(1)     Improvements within or adjacent to such lake areas shall be in accordance with this chapter and in compliance with the drainage criteria manual and master drainage plan of the city.

(2)     Lake areas shall be designated on plats as a “stormwater drainage and impoundment easement” regardless of an ownership proposal or determination. The lake area shall be designated as a separate lot or tract on the final plat.

(3)     If the ownership of the lake area has been determined by the time of recording the final plat, the appropriate designation shall be placed on the face of the final plat if the lake area is to be dedicated as a “public stormwater detention basin” or “public park.”

(4)     No final plat for any lot or tract under single or common ownership with a lake area that is adjacent to or within a lake area or on a bordering street may be recorded until such lake area has been granted as a stormwater drainage and impoundment easement.

(b)     The conveyance of lake areas for stormwater detention basins shall not prohibit the use of such areas for public activities such as parks or open space not inconsistent with stormwater drainage and impoundment. Areas retained under private ownership are not required to be available for access or use by the public. Uses such as parking lots or golf courses, though not prohibited within the final development of the lake area, should be seriously evaluated by the subdivider, since these uses could be inundated by stormwater for long periods of time during and after rainfall events.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012)

   Sec. 38.06.005     Notifying public of intent for lake area

(a)     Any preliminary plat submitted that includes a lake area shall state the intention of the future use of such lake area.

(b)     A statement on the face of both the preliminary and final plats will clearly indicate the proposed use of the lake area as one of the following:

(1)     A privately owned property with a dedicated stormwater drainage and impoundment easement;

(2)     A privately owned and maintained park area; or

(3)     The conveyance of the property to the city as a stormwater detention basin or as a park. The city council must approve of either of these conveyances.

(c)     At the beginning of any construction activity on the site, such as a lake cut and fill or development improvements at a public use playa, signs shall be installed around the perimeter of the lake area stating the future use of the property. The size, location, and number of signs shall be determined by the city engineer on a case-by-case basis.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012; Ordinance 2019-O0166, sec. 18, adopted 12/3/2019)

   ARTICLE 38.07 PLAYA LAKES CUT AND FILL

   Sec. 38.07.001     Procedures

In the interest of the health, safety, and welfare of the residents of the city, playa lake modifications and dedication requirements for lake areas necessary for flood control and preservation of natural drainage shall be as follows:

(1)     Subdividers wishing to modify lake areas must submit a cut and fill plan prepared by an engineer according to the procedures detailed below and obtain planning and zoning commission approval for such plan before beginning any modifications.

(A)     The subdivider shall submit three (3) copies and an electronic portable document format (.pdf) file of a cut and fill plan meeting the requirements of this article to the planning department in accordance with the schedule distributed annually by the commission.

(B)     A nonrefundable application fee for reviewing a cut and fill plan shall be set annually in the city's budget ordinance. If no fee is established by budget ordinance, a minimum fee of one hundred dollars ($100.00) for the administrative costs of reviewing the cut and fill plan shall be required with the application and paid to the plats coordinator at the time the application is submitted.

(C)     The cut and fill plan shall be distributed to the city staff by the plats coordinator, and staff will submit conditions for planning and zoning commission consideration.

(D)     The subdivider may contest any staff recommendations at the planning and zoning commission hearing. The commission shall consider both the staff recommendations and the subdivider requests in making a final determination. The planning and zoning commission shall act on the cut and fill plan as submitted or amended within thirty (30) days.

(E)     Should the planning and zoning commission deem necessary, the subdivider shall resubmit a corrected cut and fill plan as required by this section that reflects all required changes before the cut and fill plan approval process is complete.

(F)     The action of the planning and zoning commission shall be noted and attached to three (3) copies of the cut and fill plan. One set shall be sent to the person who submitted the cut and fill plan, one set shall be provided to the city engineer, and the other set shall be filed by the planning department.

(2)     The cut and fill plan shall comply with the following and shall clearly illustrate any specific requirements:

(A)     Submit plan sheets at a scale of one (1) inch to one hundred (100) feet horizontal scale. Sheet sizes shall be between eleven (11) by seventeen (17) and twenty-four (24) inches by thirty-six (36) inches unless otherwise approved by the city engineer. If necessary, the plan may be on several sheets, with a cover sheet containing an index showing the entire subdivision.

(B)     Be titled “Cut and Fill Plan–[Subdivision Name and Lots or Tracts],” providing the proper name corresponding to the final plat it is accompanying.

(C)     Include the names of the subdivider and the person or firm preparing the plan.

(D)     Include the comment “This document is released for review purposes only, under the authority of [insert preparing engineer's name] and in no way official or approved. Release Date: [Insert Date of Release].”

(E)     Include the statements as listed in section 38.07.002(a)(1)–(9) of this article on the face of the cut and fill plan.

(F)     Clearly depict the existing one-foot interval contours and the proposed one-foot internal contours and cross-sections on NAVD88 datum unless otherwise approved by the city engineer.

(G)     Indicate in the notes the benchmarks used to establish vertical control for the plan.

(H)     Include cross-sections at a horizontal and vertical scale that clearly demonstrate the existing land and the proposed results of the cut and fill operation.

(I)     Clearly demonstrate with the contours and cross-sections that the borrow slopes and fill slopes conform to the requirements of the drainage criteria manual.

(J)     Clearly indicate in the notes and on the contours the predicted peak water elevation or overflow elevation of the lake.

(K)     Indicate the acreage of the lake area prior to the cut and fill operation and the acreage and percent of total reclamation upon completion of the proposed activity. If prior cut and fill operations have been performed in the lake, the acreage of the lake area in its natural state shall also be listed as well as the percent of prior reclamation.

(L)     Indicate the volume, in cubic yards, of the total proposed excavation, the volume of embankment material to be placed both below and above the predicted peak water elevation of the lake, and the net volume increase of holding capacity of the playa lake due to the cut and fill operation. All earthwork volumes shall be calculated as “in-place” cubic yards.

(M)     Include adequate notes and legends to clearly depict the differences between existing and proposed conditions with this cut and fill operation.

(3)     Any approved cut and fill plan shall remain in force for three (3) years or until such time as the plan is submitted for amendment by the subdivider.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012)

   Sec. 38.07.002     Requirements and verification

(a)     All fill activity shall be subject to the following requirements that shall be stated on the face of the cut and fill plan:

(1)     Testing shall be performed by a commercial testing laboratory in accordance with American Society for Testing Materials (ASTM) standards.

(2)     All fill materials shall be compacted to ninety-five (95) percent standard Proctor density in accordance with ASTM D-698.

(3)     Field densities shall be determined in accordance with ASTM D-2167 (rubber balloon density method), ASTM D-1556 (sand cone density method) or ASTM D-2922 (nuclear density method).

(4)     Four (4) field densities shall be taken per acre of fill material, and densities shall be taken for each six-inch compacted depth, or portion thereof, of succeeding depths of fill material. Each area of fill material less than one-half acre shall have a minimum of two (2) field densities for each six-inch depth, and areas of fill material between one-half acre and one (1) acre shall have a minimum of three (3) field densities for each six-inch depth.

(5)     Each lift shall have a maximum compacted depth of six (6) inches.

(6)     The field densities shall be taken in such a manner as to be a representative sampling of the six-inch depths. The location of the tests shall be proportionately spaced to represent approximate equal areas of each acre being tested. Testing shall not occur at the same location in succeeding depths, so a representative sampling of the total fill may be obtained.

(7)     The location of the field density tests shall be indicated upon a map to become a part of the certified as-built cut and fill plan.

(8)     Copies of all test results with location maps shall be furnished to the city engineer with the certified as-built cut and fill plan.

(9)     Fill material with a plasticity index (PI) of greater than twenty (20) will not be allowed in any public right-of-way. The substandard material shall be discarded at a location above the predicted peak water elevation of the playa lake, and select fill material shall be imported to the site for placement within the public right-of-way.

(b)     The top of the slope of any excavation shall be a minimum of ten (10) feet from any adjacent property line or existing or anticipated street or alley right-of-way line unless otherwise approved in the cut and fill plan.

(c)     Upon completion of any cut and/or fill activity as approved by the planning and zoning commission under this chapter, as-built certified drawings shall be provided by an engineer and shall be filed with the city engineer for review prior to recording of the final plat. Upon approval of the city engineer, the cut and/or fill activity and the as-built certified drawings may be allowed to be completed after the recording of the final plat if the subdivider provides a bond in lieu of completing these improvements in accordance with the provisions of section 38.09.009.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012)

   ARTICLE 38.08 EXCAVATIONS AND FILLS OUTSIDE OF LAKE AREAS

   Sec. 38.08.001     Procedures

(a)     The approval of the planning and zoning commission shall be secured before any excavations as defined below are made, or any fills are made which will affect public drainage. Excepted from this requirement are those excavations and fills made in the course of construction, such as foundations, basements, or subfloors which are authorized by a building permit, normal site fill for lots in new subdivisions, or utility excavations and installations.

(b)     The procedure for obtaining planning and zoning commission approval for an excavation plan or a fill plan is the same as section 38.07.001.

(c)     As-built excavation or fill plans shall be required in conformance with section 38.07.002(c).

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012)

   Sec. 38.08.002     Excavations outside of lake areas

(a)     An excavation plan shall be required for consideration by the planning and zoning commission for any cuts that resemble a mining operation or create a pit. Any cut exceeding six (6) feet in depth shall be submitted to the city engineer for determination of the requirement for an excavation plan.

(b)     The planning and zoning commission, when considering such plans, shall evaluate the plan with the safety of the public and the protection of adjacent properties as paramount in their deliberation. The planning and zoning commission shall, among other items, consider the following issues:

(1)     Slopes of the excavation walls.

(2)     Necessity of perimeter security, such as fencing, around the excavation site.

(3)     Distance from the edge of the excavation to adjacent properties or structures.

(4)     Access points to the excavation sites and their impacts to the excavation site and adjacent property.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012)

   Sec. 38.08.003     Fills outside of lake areas

(a)     Proposals for any fill outside of lake areas that could affect the normal flow of public drainage, including but not limited to berms, dams or terraces, shall be submitted to the city engineer for determination of whether a fill plan must be prepared.

(b)     If the city engineer determines that a fill plan should be prepared, such plans shall be submitted for consideration by the planning and zoning commission under the procedure detailed in section 38.07.001.

(c)     In reviewing fill plans, the planning and zoning commission shall, among other items, consider the following issues:

(1)     The overall drainage pattern of the area.

(2)     The impact the fill may have on adjacent properties or structures.

(d)     Any fill operation requiring a fill plan shall conform to the requirements of section 38.07.001 and section 38.07.002.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012)

   ARTICLE 38.09 IMPROVEMENTS REQUIRED PRIOR TO ACCEPTANCE OF FINAL PLAT

   Sec. 38.09.001     Improvements required

Improvements listed in this article are required for recording of final plats inside the corporate limits of the city. Subdividers should consult with the county public works director concerning requirements for plats in the city's extraterritorial jurisdiction. (Ordinance 2012-O0039, sec. 1, adopted 5/3/2012)

   Sec. 38.09.002     Monuments

(a)     Monuments shall consist of pipes or rods of magnetic quality of a minimum length of twelve (12) inches and shall be placed at all block corner and control points.

(b)     Control points are any property corner of any tract, parcel or lot which is not square or rectangular.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012)

   Sec. 38.09.003     Streets

(a)     Grading, drainage, and drainage structures necessary to the proper use and draining of streets, highways, and ways, and for public safety shall be in accordance with this code.

(b)     All streets and paved access alleys within or abutting the proposed subdivision shall be paved to the width specified on the plat and constructed in compliance with the public works engineering design standards and specifications under the supervision of the city engineer.

(c)     Paving of half-width streets along the boundary of a proposed subdivision shall require approval by the city engineer. Cost of all paving shall be borne by the subdivider except that the city may participate in the cost of paving under existing paving policies.

(d)     Preliminary grades shall be established for all streets and alleys prior to actual utility installation to prevent damage to buried utilities.

(e)     All underground utility lines required in a street, alley, or easement shall be installed prior to the installation of sub-base, base, or surface of the street.

(f)     The subdivider is responsible for the coordination of installation of utilities within streets, alleys, and easements and the submittal of as-built drawings of the utilities installed within their subdivision at the time the as-built drawings of the paving improvements are submitted.

(g)     The planning and zoning commission, upon request of the subdivider, may consider the delay of the required paving improvements.

(1)     The subdivider shall submit the request and receive authorization of the requested delay prior to the recording of the final plat.

(2)     The planning and zoning commission shall only consider approval of a delay in unusual circumstances, such as the platting of an isolated lot or tract in an area that is currently unpaved. Financial hardship shall not be a consideration for the approval of a delay of the paving improvements.

(3)     The city engineer shall furnish a written recommendation to the planning and zoning commission regarding the request of the delayed paving.

(4)     The delay of paving removes all responsibility of the paving improvements from the subdivider. The requirements for providing the future paving improvements will fall on the property owner of that platted lot or tract.

(h)     A building permit shall not be issued on a lot or tract platted under these subdivision regulations until such time as access from an all weather surface has been provided, unless a delay of paving improvements has been authorized by the planning and zoning commission under the provisions of this section.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012)

   Sec. 38.09.004     Water and sewer

(a)     Water and sewer lines shall be installed to serve all lots within the proposed subdivision under the provisions of chapter 22 of this code and shall be constructed in compliance with the public works engineering design standards and specifications under the supervision of the city engineer. Utility pro rata costs shall be based on the rates in effect at the time of utility line construction.

(b)     Installation of water and sewer shall not be required when the planning and zoning commission finds that water and sewer is not available and cannot be made available in the immediate future. In such cases, a delay of services should be requested by the subdivider when the final plat is submitted.

(c)     A building permit shall not be issued on a platted lot or tract, or any portion authorized under the procedure in section 38.02.002(b), until such time as water and sanitary sewer service has been installed and is operational as determined by the city engineer or an exception is allowed under the provisions of this section.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012)

   Sec. 38.09.005     Street lighting

(a)     Streetlights shall be provided at all street intersections and other locations within and abutting the subdivision with the exception of thoroughfare lighting. Streetlights shall be placed in accordance with the current city standards for both location and number. Engineering design and installation as well as actual inspection of the streetlight construction shall be performed by Lubbock Power and Light. Lubbock Power and Light will provide design and specifications for stock light standards and fixtures to be used in all subdivisions. A cost recovery fee for the design of materials, preparation of specifications, installation of lighting, and the inspection of construction shall be charged for stock standards and fixtures.

(b)     The cost for stock light standards and fixtures and the cost recovery fees for design of materials, installation and specifications and inspection of construction shall be set annually in the city's budget ordinance. If no fee is established by budget ordinance, a minimum cost of two thousand five hundred dollars ($2,500.00) per light standard and fixture and a minimum cost recovery fee for design and inspection of seventy dollars ($70.00) per standard shall be required and shall be paid to Lubbock Power and Light. Lubbock Power and Light will notify the plats coordinator when such fees are paid.

(c)     Non-stock light standards and fixtures must be approved by the city council prior to approval of the final plat. It will be the subdivider's responsibility to receive approval from Lubbock Power and Light for the locations and installation of the streetlights. If the subdivider chooses non-stock light standards and/or fixtures, the subdivider shall provide design and specifications and receive approval of lighting improvements prior to approval of the final plat. The subdivider is also responsible for selecting and paying a contractor for installation of the non-stock light standards and fixtures. An inspection fee shall also be paid to Lubbock Power and Light.

(d)     A subdivider may choose Lubbock Power and Light as the contractor for non-stock street lighting and shall negotiate a price for materials and labor. A cost recovery fee for the design of materials, preparation of specifications, installation of lighting, and the inspection of construction shall be charged for non-stock light standards and fixtures when Lubbock Power and Light is the contractor.

(e)     The subdivider will maintain and store at least three (3) non-stock light standards and fixtures as replacement inventory and provide them to Lubbock Power and Light when replacements are needed. If at any time the subdivider does not provide such inventory, standards and fixtures will be replaced with stock inventory.

(f)     Any appeal of a decision of Lubbock Power and Light shall be to the planning and zoning commission of the city. Any appeal of a decision of the planning and zoning commission shall be to the city council. The decision of the city council shall be final.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012)

   Sec. 38.09.006     Street name signs

(a)     Street name signs for streets shall be provided at all street intersections within or abutting the proposed plat. Street name sign locations will be determined by the traffic engineering department during plat review. Street name signs will be paid for by the subdivider and produced and installed by the traffic engineering department.

(b)     Payment for street name signs shall be provided by the subdivider for the original sign and installation. The cost for street name signs shall be set annually in the city's budget ordinance. If no fee is established by budget ordinance, a minimum cost of two hundred dollars ($200.00) per street name sign shall be required prior to recording of the plat and shall be paid to the pro rata administrator.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012)

   Sec. 38.09.007     Other traffic signs and traffic-control devices

(a)     The traffic engineering department will specify any other required signs and traffic-control devices, including but not limited to road closure signs and barricades, stop signs, no parking signs, and one-way signs, as part of plat review. Such signs and devices shall be of a style approved by the city and shall be placed in accordance with the Texas Manual on Uniform Traffic-control devices (TMUTCD). Required devices will be paid for by the subdivider and produced and installed by the traffic engineering department.

(b)     Payment for other traffic signs and traffic-control devices shall be provided by the subdivider for the original sign or device and installation. The cost for such signs and devices shall be set annually in the city's budget ordinance. If no fee is established by budget ordinance, a minimum cost of two hundred dollars ($200.00) per sign or device shall be required prior to recording of the plat and shall be paid to the pro rata administrator.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012)

   Sec. 38.09.008     Drainage improvements

All drainage improvements, including playa lake cut and fills and excavations or fills outside of lake areas, shall be completed in accordance with article 38.07 and article 38.08 of this chapter and section 38.05.005. (Ordinance 2012-O0039, sec. 1, adopted 5/3/2012)

   Sec. 38.09.009     Bond in lieu of required improvements

(a)     In lieu of the completion of the required water, sewer, paving, or drainage improvements or completed cut and fill activity and before the final plat is approved and accepted, the subdivider shall submit a bond in lieu of the completion of construction of these improvements. Any surety bond is subject to approval by the city attorney.

(b)     The bond shall be in the form of a cash deposit, surety bond, or irrevocable letter of credit. The bond shall be in an amount equal to or greater than the estimated cost needed to complete the construction of the required improvement.

(c)     The irrevocable letter of credit shall be on a form with the bank's letterhead and in a format approved by the city attorney.

(d)     The bond shall be accompanied with a copy of the construction contract for the required water, sewer, paving, or drainage improvements and planned cut and fill activity or an estimate provided by the subdivider's engineer that is approved by the city engineer. The city engineer shall have the authority to require a different bond amount if there is a question or disagreement about the cost necessary to complete the construction of the required improvements. The city engineer shall utilize current bid prices received on city projects or unit prices known on current improvements in other new subdivisions as the basis for requiring a different bond amount.

(e)     If the subdivider is installing or constructing any of the other improvements required by this article, a bond in lieu of those improvements may be allowed if approved by the department responsible for those installations.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012)

   Sec. 38.09.010     Withholding improvements and permits until approved

(a)     The city shall withhold all city improvements, including the furnishing of street lighting, sewerage facilities, and water service, from all additions which have not been recorded and improvements provided as required by this chapter.

(b)     No permits shall be issued by the building official on any piece of property unless water and sewer service is operational as determined by the city engineer. Further, no permit shall be issued on any parcel other than an original or a resubdivided lot in a duly approved and recorded subdivision, unless an exception has been made under section 38.02.002(b) and until such time as the platted lot or tract is made accessible by way of an all-weather surface.

(c)     Improvements and permits shall not be withheld when the planning and zoning commission finds one of the following situations to exist:

(1)     Where improvements are necessary to comply with other ordinances of the city which carry a penalty for failure to comply.

(2)     Where leased property lies on railroad right-of-way and such property is adequately served by streets and utility easements.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012)

   ARTICLE 38.10 VARIANCES

   Sec. 38.10.001     General

(a)     Where the planning and zoning commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured. However, such variance shall not have the effect of nullifying the intent and purpose of these regulations.

(b)     The planning and zoning commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:

(1)     The granting of the variance will not be detrimental to the public safety, health or welfare or injurious to other property.

(2)     The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property.

(3)     Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience or financial loss, if the strict compliance with these regulations is carried out.

(4)     Any variance does not violate any other city ordinance.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012)

   Sec. 38.10.002     Conditions

In approving variances, the planning and zoning commission may require such conditions as will, in its judgment, substantially secure the objective of the standards or requirements of this chapter. (Ordinance 2012-O0039, sec. 1, adopted 5/3/2012)

   Sec. 38.10.003     Procedures

(a)     A petition for any such variance shall be submitted in writing by the subdivider at the time when the preliminary plat is filed with the planning department prior to consideration by the planning and zoning commission.

(b)     This procedure shall also apply to any request for variance related to an existing approved plat.

(c)     The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner and include clear reference to the portion of this chapter creating the hardship.

(Ordinance 2012-O0039, sec. 1, adopted 5/3/2012)