HomeMy WebLinkAboutOrdinance - 2012-O0039 - Amending Chapter 38 Code Of Ordinances - 04/26/2012First Reading
April 26, 2012
Item No. 6.9
ORDINANCE NO. 2012-0 0039
Second Reading
May 3, 2012
Item No. 5.19
AN ORDINANCE AMENDING CHAPTER 38 (SUBDIVISIONS) OF THE
CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD
TO REPEALING OUTDATED AND UNNECESSARY PROVISIONS, AMENDING
PROVISIONS TO ENCOMPASS CURRENT PRACTICES, AND CONFORMING
THE ORDINANCE TO THE STANDARDS AND CONVENTIONS OF THE REST OF
THE CODE OF ORDINANCES; PROVIDING A PENALTY CLAUSE; PROVIDING
A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock, Texas finds and determines that it
is in the best interest of the citizens of the City of Lubbock to make the following
amendments to Chapter 38 (Subdivisions) of the Code of Ordinances of the City of
Lubbock; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT, Chapter 38 (Subdivisions) of the Code of Ordinances,
City of Lubbock, Texas, is hereby repealed and the following provisions are enacted in its
place and stead:
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 of Lubbock, who may
delegate certain tasks and responsibilities in this chapter to other city staff.
CiU 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 of
Lubbock 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
lien holder(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.
Era i� neer. 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
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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 of Lubbock, the perimeter of which has been
established by the city engineer at substantially the predicted peak water elevation. The
lake area can either reside in its natural state or be modified through a cut and fill plan.
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.
Lot, double frontage. A lot with frontage on two parallel streets, with vehicular access
normally restricted to only one of the streets.
Master Draina eg 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 of
Lubbock and certain areas within the City of Lubbock'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 conunission. 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 anal. A map or drawing of all or a portion of a subdivision prepared according to
the City of Lubbock 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.
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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 of Lubbock 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 storm
water flows within the City of Lubbock 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 of Lubbock 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 En—aineering 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
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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, 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 o set. 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
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on the thoroughfare plan).
Street access. Each platted lot or tract within the City of Lubbock 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.
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 Lubbock, 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 of Texas.
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 of Lubbock that designates the type and width of major streets.
Sec. 38.01.002 Title, statement of policy and requirement to plat
(1) Title. This chapter shall be known as and may be cited as "subdivision regulations."
(2) 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.
(3) Requirement to plat. The owner or owners of a tract of land within the corporate
limits or in the extraterritorial jurisdiction of the City of Lubbock 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 of Lubbock will
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also come under the authority, review, and approval of the Lubbock County
Commissioners Court.
Sec.38.01.003 Enforcement
(1) The director of planning shall administer and enforce this chapter unless such duties
are otherwise delegated by the city manager.
(2) Any person, landowner, building owner, or occupant of any land within the
corporate limits or in the extraterritorial jurisdiction of the City of Lubbock 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 of Lubbock any appropriate action or proceeding to prevent any violation of
this chapter.
ARTICLE 38.02 PLAT PROCEDURES
Sec. 38.02.001 Development coordination
(1) Subdividers are encouraged to meet with city staff prior to submittal of subdivision
plats and cut and fill plans. A meeting with the Lubbock County public works
director is suggested for extraterritorial jurisdiction plats, as Lubbock County
development standards may differ from the City of Lubbock standards in this
chapter.
(2) The plats coordinator shall receive plats and cut and fill plans, communicate staff
comments and direct subdividers to specific departments when questions exist.
(3) City staff shall work with any subdivider to provide appropriate recommendations
and advice for the preparation of subdivision plats.
(4) The subdivider shall coordinate with the city engineer concerning drainage issues.
(5) 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.
(6) Because all plats within the city and the city's extraterritorial jurisdiction become a
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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.
(7) Areas within the corporate limits or in the extraterritorial jurisdiction of the City of
Lubbock 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.
Sec. 38.02.002 Requirements for building permit
(1) 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.
(2) 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.
(3) 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.
(4) 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(2) and section 38.02.002(3),
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(2) and the platted lot or tract is made accessible by way of an all-weather
surface.
ARTICLE 38.03 PRELIMINARY PLATS
Sec. 38.03.001 Procedures for submittal and review
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(1) The preliminary plat, including a preliminary drainage plan 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.
(2) 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.
(3) 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:
(a) 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."
(b) 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:
(i) One acre or less —Plat shall be submitted with a scale of one (1) inch per
fifty (50) feet.
(ii) 1.01 acres to 160 acres —Plat shall be submitted with a scale of one (1)
inch per one hundred (100) feet.
(iii) 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.
(iv) Alternate plat scales may be approved by the director of planning.
(c) All unsubdivided contiguous land under single or common ownership shall be
included in the preliminary plat.
(d) Scale, north arrow, date, exact acreage, and other pertinent data.
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(e) Property owner's name, address, and telephone number.
(f) Accurate one -foot interval contours according to NAD83/NAVD88 datum or
subsequent established United States Geodetic Survey data adopted by the
City of Lubbock. The face of the preliminary plat must indicate the source,
datum, and date of creation for the contour data.
(g) Boundary lines, bearings, and distances sufficient to locate the exact area
proposed for subdivision.
(h) 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.
(i) 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.
(j) The location of proposed closures of existing streets, alleys, easements, and
rights -of -way.
(k) The known location of all existing property lines within the area proposed for
subdivision.
(1) 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.
(m) 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.
(n) Lake areas, if any, shall conform to the requirements of Articles 38.06 and
38.07 of this chapter.
(o) Sites proposed for stormwater drainage and impoundment easements, parks or
other property owned by the City of Lubbock or any other governmental
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entity shall contain no blanket or specific utility easement until approved by
the city engineer or authorized representative of other governmental entities.
(p) A preliminary drainage plan and map that meets the requirements of the
Drainage Criteria Manual of the city.
(q) Delay of water, sewer, or paving may be requested, subject to the
requirements of this code.
(4) 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.
(5) 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.
(6) 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.
Sec. 38.03.002 Procedures for plat renewal
(1) 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.
(2) 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.
(a) 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
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conditions until the next annual review.
(b) 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.
(3) Should the director of planning determine that conditions have changed to the
extent that the preliminary plat requires revision, automatic renewal shall be denied.
(a) Notification of denial shall be sent to the subdivider specifying the following:
(i) Reasons why the plat renewal was denied.
(ii) Valid previous conditions and additional recommendations for
amendment or correction.
(iii) 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.
(b) 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.
(c) 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.
(4) 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.
ARTICLE 38.04 FINAL PLATS
Sec. 38.04.001 Procedures for submittal and review of final plats
(1) 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.
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(2) 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.
(3) 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:
(a) Application for closure.
(b) Preparation of final plat or replat and indicating closed right-of-way.
(c) Council approval of closure.
(d) File closure ordinance.
(e) Final plat recorded.
(4) 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.
(5) 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:
(a) 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]."
(b) One (1) copy and an electronic portable document format (.pdf) file of the
final drainage analysis and plan, if required.
(c) One (1) copy and an electronic portable document format (.pdf) file of the cut
and fill plan, if required.
(d) Any supplementary materials required for approval.
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(6) 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.
See. 38.04.002 Engineering procedures for final plats
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
See. 38.04.003 Final plat survey and control
(1) The survey for a final plat shall be prepared only by a surveyor.
(2) 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
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the plat. Control for a final plat shall be established by one of the following
methods.
(a) The final plat may be tied by survey to adjacent section corners and lines, or
(b) When the approved subdivision abuts or is adjacent to an existing recorded
plat of the City of Lubbock, the final plat may be tied by survey to such
existing plat.
(3) 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 of
Lubbock.
Sec. 38.04.004 Final plat requirements
(1) 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.
(2) 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:
(a) One acre or less —Plat shall be submitted with a scale of one (1) inch per fifty
(50) feet.
(b) More than one acre —Plat shall be submitted with a scale of one (1) inch per
one hundred (100) feet.
(3) If changed circumstances exist, the director of planning may require the submission
of an updated final plat document prior to filing.
(4) The final plat shall incorporate all preliminary plat information and conditions
approved by the planning and zoning commission and shall clearly illustrate the
following:
(a) The plat boundary and the exact acreage included in that boundary.
(b) 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
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replat cannot "orphan" a part of a lot.
(c) The map scale, horizontal datum, north arrow and date.
(d) Reference by name to recorded plats of adjacent and abutting properties.
(e) 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.
(f) Numbers and letters to identify each lot or tract.
(i) 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.
(ii) 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)
(g) 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.
(i) 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.
(ii) A key of abbreviations for easement types shall be included on the plat.
(iii) Legal references shall be provided for all previous dedications and
easements.
(h) Name of each street and width of streets, alleys, and other right-of-way.
(i) 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.
Sec. 38.04.005 Required notices on final plats
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(1) 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.
(2) 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
(3) The following notices shall be stated on the face of every plat:
(a) "Heavy lines indicate plat limits."
(b) "All streets, alleys, and easements within plat limits are herein dedicated
unless noted otherwise."
(c) "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."
(d) "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."
(e) "Any relocation or revision of existing facilities shall be at the subdivider's
17
expense. Compensation shall be made prior to the recording of this final plat."'
(f) "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."
(g) "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."
(h) "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."
(i) "Minimum floor elevations shall conform to the requirements of the Lubbock
Drainage Criteria Manual, as adopted by Ord. 10022, as amended, and Sec.
28.09.131, Sec. 28.14.004, and Sec. 30.03.073 of the Lubbock Code of
Ordinances."
(4) The following notices shall be stated on the face of the plat when they apply to that
particular plat:
(a) Any notices required in section 38.04.006 for lake or flood hazard areas.
(b) "Blanket solid waste collection easement as required for service [within the
plat limits or insert specific lot or tract designation] is herein granted."
(c) "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]."
(d) "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
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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."
(e) 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
Sec. 38.04.006 Required notices for final plats containing lake or flood risk areas
(1) 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. "
(2) 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.
Sec. 38.04.007 Documents required prior to recording a final plat
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:
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(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 of Texas 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) Lien holder 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 lien holders of said tract of land.
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(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.
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.
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
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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
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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 of Lubbock Public Works Engineering
Design Standards and Specifications and the thoroughfare plan.
(a) R-lA 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-lA streets. As a
"sub -collector," R-1 streets collect traffic from lower traffic volume R-lA
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
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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-lA 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.
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(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.
Sec. 38.05.002 Alley standards
(1) 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.
(a) In residential districts, alleys shall be provided parallel or approximately
parallel to the frontage of all streets.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(f) Alleys shall be arranged to assure proper drainage.
(g) Alleys used for drainage, except those adjacent to residential properties zoned
R-1 or R-2, shall be paved to the point of discharge at the nearest paved street,
25
another paved alley or drainage channel.
(2) 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:
(a) A standard twenty -foot alley shall be dedicated that meets the general
requirements for alleys in section 38.05.002(1).
(b) 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.
(c) 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.
(d) The following requirements for alleys adjacent to townhouse development
shall be met:
(i)
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 10 feet wide at the property line.
(ii)
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.
(iii)
Maintenance of such access easements shall remain a private
responsibility.
(iv)
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.
Sec. 38.05.003
Block standards
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(1) The lengths, widths, and shapes of blocks shall be determined with due regard to:
(a) Provision of adequate building sites suitable to the special needs of the type of
use contemplated.
(b) Needs for convenient access, circulation, control, and safety of street traffic.
In areas where residential streets intersect, four-way intersections shall be
avoided.
(c) 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.
(2) Block length and depth shall relate directly to conditions, opportunities, and
constraints for creating the greatest benefit to traffic circulation, safety, drainage,
and zoning.
Sec. 38.05.004 Lot standards
(1) 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.
(2) 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.
(3) 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.
(4) Side lot lines shall be substantially at right angles or radial to street lines.
(5) 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.
Sec. 38.05.005 Standards for drainage improvements and playa lake cut and fills
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(1) 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.
(2) 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.
(3) Playa lake cut and fill plans and the excavation and embankment operations shall
comply with the Drainage Criteria Manual unless alternatives to those
requirements are approved by the city engineer.
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
of Lubbock. 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.
Sec. 38.06.002 Dedication methods
(1) 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.
(2) The subdivider shall dedicate or deed to the City of Lubbock, as applicable, the lake
land in one of the following ways:
(a) 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.
(b) The lake area may be deeded by general warranty deed to the City of Lubbock
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.
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(c) The lake area and additional adjacent property may be deeded by general
warranty deed to the City of Lubbock 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.
Sec.38.06.003 Standards
(1) The following standards shall be met prior to the recording of a final plat that
includes a stormwater drainage and impoundment easement:
(a) 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.
(b) The easement area shall be in conformance with the approved cut and fill plan
and the requirements of the Drainage Criteria Manual.
(c) 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.
(2) The following standards shall be met prior to the final conveyance of a stormwater
detention basin by general warranty deed to the city:
(a) The requirements for minimum development standards for stormwater
drainage and impoundment easements as set forth in section 38.06.003(1) are
in place and are operating effectively.
(b) 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.
(c) 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:
29
(i) A complete description of the lake area proposed for conveyance.
(ii) 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.
(iii) 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.
(iv) 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.
(v) Date of expected completion of the proposed improvements.
(d) 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.
(e) 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:
(i) 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.
(ii) Sampling duration: Samples shall be collected within twelve (12) hours
of a storm event.
(iii) 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.
(iv) 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
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engineer shall be used.
(v) Tests shall be conducted on the parameters required by the Texas
Commission on Environmental Quality's Texas Pollutant Discharge
Elimination System Permit (TPDES).
(vi) Additional testing may be mandated by federal or state regulatory
agencies or the city council.
(vii) 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
section 38.06.003(2)(e)(v).
(f) 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.
(i) 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 of Lubbock shall
be removed by the owner/developer prior to conveyance of the property.
(ii) 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.
(g) The subdivider, upon the completion of the requirements and standards of this
article, may request acceptance of a stormwater detention basin as City of
Lubbock property. After review and recommendation by the city engineer, the
City Council may choose to accept the property.
(h) 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.
(3) 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
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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:
(a) The requirements for minimum development standards for stormwater
drainage and impoundment easements and stormwater detention basins
(section 38.06.003(1) and section 38.06.003(2)) are in place and operating
effectively or properly secured.
(b) All park improvements, as agreed upon by the subdivider and the city, shall be
installed or properly secured.
(c) 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.
(d) Required improvements within the proposed park area shall be negotiated and
approved by the director of parks and the park and recreation board.
(e) 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.
(f) 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.
(g) 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.
(h) 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.
Sec. 38.06.004 Development requirements
(1) Development of all lake areas shall conform to all requirements of the Drainage
Criteria Manual, including the following:
(a) Improvements within or adjacent to such lake areas shall be in accordance
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with this chapter and in compliance with the Drainage Criteria Manual and
Master Drainage Plan of the city.
(b) 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.
(c) 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."
(d) 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.
(2) 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.
Sec. 38.06.005 Notifying public of intent for lake area
(1) Any preliminary plat submitted that includes a lake area shall state the intention of
the future use of such lake area.
(2) 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:
(a) A privately owned property with a dedicated stormwater drainage and
impoundment easement,
(b) A privately owned and maintained park area, or
(c) 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.
(3) At the beginning of any construction activity on the site, such as a lake cut and fill
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or development improvements, 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.
ARTICLE 38.07 PLAYA LAKES CUT AND FILL
Sec. 38.07.001 Playa lake cut and fill procedures
In the interest of the health, safety, and welfare of the residents of the City of Lubbock,
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 section 38.07.001
that reflects all required changes before the cut and fill plan approval process
is complete.
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(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(1)(a)-(i) 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.
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(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.
(1) 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.
Sec. 38.07.002 Playa lake cut and fill requirements and verification
(1) All fill activity shall be subject to the following requirements that shall be stated on
the face of the cut and fill plan:
(a) Testing shall be performed by a commercial testing laboratory in accordance
with American Society for Testing Materials (ASTM) standards.
(b) All fill materials shall be compacted to ninety-five (95) percent standard
Proctor density in accordance with ASTM D-698.
(c) 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).
(d) 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.
(e) Each lift shall have a maximum compacted depth of six (6) inches.
(f) 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
W.
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.
(g) 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.
(h) Copies of all test results with location maps shall be furnished to the city
engineer with the certified as -built cut and fill plan.
(i) 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.
(2) 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.
(3) 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.
ARTICLE 38.08 EXCAVATIONS AND FILLS OUTSIDE OF LAKE AREAS
Sec.38.08.001 Procedures
(1) 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.
(2) 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.
(3) As -built excavation or fill plans shall be required in conformance with section
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38.07.002(3).
Sec. 38.08.002 Excavations outside of lake areas
(1) 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.
(2) 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:
(a) Slopes of the excavation walls.
(b) Necessity of perimeter security, such as fencing, around the excavation site.
(c) Distance from the edge of the excavation to adjacent properties or structures.
(d) Access points to the excavation sites and their impacts to the excavation site
and adjacent property.
Sec. 38.08.003 Fills outside of lake areas
(1) 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.
(2) 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.
(3) In reviewing fill plans, the planning and zoning commission shall, among other
items, consider the following issues:
(a) The overall drainage pattern of the area.
(b) The impact the fill may have on adjacent properties or structures.
(4) Any fill operation requiring a fill plan shall conform to the requirements of section
3 8.07.001 and section 38.07.002.
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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 of Lubbock. Subdividers should consult with the Lubbock
County public works director concerning requirements for plats in the city's
extraterritorial jurisdiction.
Sec.38.09.002 Monuments
(1) 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.
(2) Control points are any property corner of any tract, parcel or lot which is not square
or rectangular.
Sec.38.09.003 Streets
(1) 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.
(2) 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.
(3) 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.
(4) Preliminary grades shall be established for all streets and alleys prior to actual
utility installation to prevent damage to buried utilities.
(5) 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.
(6) 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
39
improvements are submitted.
(7) The planning and zoning commission, upon request of the subdivider, may consider
the delay of the required paving improvements.
(a) The subdivider shall submit the request and receive authorization of the
requested delay prior to the recording of the final plat.
(b) 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.
(c) The city engineer shall furnish a written recommendation to the planning and
zoning commission regarding the request of the delayed paving.
(d) 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.
(8) 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.
Sec. 38.09.004 Water and sewer
(1) 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.
(2) 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.
(3) 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(2), 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.
Sec. 38.09.005 Street lighting
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(1) Street lights shall be provided at all street intersections and other locations within
and abutting the subdivision with the exception of thoroughfare lighting. Street
lights 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
street light 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.
(2) 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.
(3) 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
street lights. 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 standards and
fixtures. An inspection fee shall also be paid to Lubbock Power and Light.
(4) 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 standards and
fixtures when Lubbock Power and Light is the contractor.
(5) 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.
(6) Any appeal of a decision of Lubbock Power and Light shall be to the planning and
zoning commission of the City of Lubbock. 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.
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Sec. 38.09.006 Street name signs
(1) 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.
(2) 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) per street name sign shall be required prior to recording
of the plat and shall be paid to the pro rata administrator.
Sec. 38.09.007 Other traffic signs and traffic control devices
(1) 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.
(2) 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) per
sign or device shall be required prior to recording of the plat and shall be paid to the
pro rata administrator.
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.
Sec. 38.09.009 Bond in lieu of required improvements
(1) 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.
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(2) 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.
(3) The irrevocable letter of credit shall be on a form with the bank's letterhead and in a
format approved by the city attorney.
(4) 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.
(5) If the subdivider is installing or constructing any of the other improvements
required by article 38.09 of this chapter, a bond in lieu of those improvements may
be allowed if approved by the department responsible for those installations.
See. 38.09.010 Withholding improvements and permits until approved
(1) 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.
(2) 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(2) and until such time as the platted lot or tract is made
accessible by way of an all-weather surface.
(3) Improvements and permits shall not be withheld when the planning and zoning
commission finds one of the following situations to exist:
(a) Where improvements are necessary to comply with other ordinances of the
city which carry a penalty for failure to comply.
(b) Where leased property lies on railroad right-of-way and such property is
adequately served by streets and utility easements.
43
ARTICLE 38.10 VARIANCES
See.38.10.001 General
(1) 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.
(2) 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:
(a) The granting of the variance will not be detrimental to the public safety, health
or welfare or injurious to other property.
(b) 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.
(c) 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.
(d) Any variance does not violate any other city ordinance.
See.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.
See.38.10.003 Procedures
(1) 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.
(2) This procedure shall also apply to any request for variance related to an existing
approved plat.
44
(3) 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.
SECTION 2. THAT, unless otherwise provided herein, a violation of any
provision of this Ordinance shall be deemed a misdemeanor punishable as provided by
Section 1.01.004 of the Code of Ordinances of the City of Lubbock.
SECTION 3. THAT should any paragraph, section, sentence, phrase, clause or
word of this Ordinance be declared unconstitutional or invalid for any reason, the
remainder of this Ordinance shall not be affected thereby.
SECTION 4. THAT the City Secretary of the City of Lubbock is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance
as an alternative method provided by law.
SECTION 5. THAT this Ordinance shall become effective, except as may
otherwise be provided herein, from and after its publication as provided by law.
AND IT IS SO ORDERED.
Passed by the city council on first reading this 26th day of April, 2012
Passed by the city council on second reading this 3rd day of May, 2012
0
TOM MARTIN, Mayor
ATTEST:
0 311�-
Retie ca Garza, City ecretary
A D AS 'IOC NTENT:
SOX__
Randy Henso irector of Planning
45
APPROVED AS TO FORM:
aura P att, Assistant City Attorney
Amending LCO Chapter 38 - Subdivisions
05.02.12