ARTICLE I. IN GENERAL

Section 1    Purpose

In the interpretation and application of the provisions of this ordinance, it is the intention of the Council that the procedures and standards for the development, layout, and design of subdivisions of land are intended to:

a.    Promote and develop the utilization of land in a manner to assure the best possible community environment in accordance with the comprehensive master plan of the City.

b.   Guide and assist the developers in the correct procedures to be followed and to inform them of the design criteria and standards required.

c.    Protect the public interest by controlling the location, design, class, type of streets, sidewalks, utilities, and of essential areas and services required.

d.   Protect and promote the health, safety, and general welfare.

e.    Provide through the planning and platting process for the protection and notification of individuals that those properties which are to be developed are provided with land development which provides for adequate access, solid waste collection, utility services, and guards against potential flood hazards.

f.     Provide for the public welfare those essential areas required for educational, recreational, industrial, and commercial purposes.

Section 2    Jurisdiction

a.    This ordinance is adopted under the authority of the Constitution and laws of the State of Texas, including particularly Chapter 212 (Subdivisions), Chapter 242 (Subdivisions in ETJ), and Chapter 42 (Extraterritorial Jurisdiction) of the Texas Local Government Code.

b.    All land subdivided or platted into lots, blocks and streets within the City of Martindale or within its extraterritorial jurisdiction, as provided by State law, shall comply in full with the requirements of this Ordinance.  No plat shall be filed in the office of the County Clerk for a tract within the City or its extraterritorial jurisdiction unless it is approved by the City Council.

Section 3    Adoption of Legislative Grant of Power

a.    It is the intent of the City of Martindale to encourage and promote quality development within the City consistent with the atmosphere and quality of life currently enjoyed by residents.

b.    Development proposals shall be reviewed for conformance with the City’s Comprehensive Plan and development policy(ies).

c.    It is hereby declared to be the policy of the City of Martindale to consider the subdivision of land and the subsequent development of the subdivided lots as subject to the control of the municipality pursuant to the Comprehensive Plan of the City for the orderly, planned, efficient, and economical development of the municipality.

d.    Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, or other menace, and land shall not be developed until available public facilities and improvements exist and proper provision has been made for drainage, water, sewage, roadways and capital improvements such as schools, parks, recreation facilities, and transportation facilities and improvements.

e.    The existing and proposed public improvements shall conform to and be properly related to the proposals shown in the comprehensive plan or adopted development policies, and the capital budget and program of the municipality.  It is intended that these regulations shall supplement and facilitate the enforcement of the provisions and standards contained in building and housing codes, the comprehensive plan, adopted development plans, the zoning ordinance, and the capital improvements program of the City of Martindale. 

Section 4    Interpretation

In the interpretation and application of the provisions of these regulations, it is the intention of the City Council that the principles, standards and requirements provided for herein shall be minimum requirements for the platting and developing of subdivisions in the City of Martindale and its ETJ, and where other ordinances of the City are more restrictive in their requirements, such other ordinances shall control.  The interpretation and application of the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

Section 5    Authority of Planning and Zoning Commission

The Planning and Zoning Commission shall have the final approval authority for consideration of all plats and plans authorized under this Ordinance. In the event the City has not established a Planning and Zoning Commission, all subdivision applications shall be subject to the review and approval of the City Council.

Section 6    Appeal of Planning and Zoning Commission Action

Any applicant, property owner, or other party aggrieved by a finding or action of the Planning and Zoning Commission may appeal said action to the City Council within thirty (30) days from the date of such finding or action, and not thereafter. Nothing in this section shall prevent a right of review by a court of competent jurisdiction.

Section 7.   Definitions

For the purpose of this ordinance the following terms, phrases, words, and their derivations shall have the meaning given herein. When consistent with the context, words used in the present tense include the future, words in the plural include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory, while the word "may" is merely directory. Definitions not expressly prescribed herein are to be determined in accordance with the law. Definitions expressly prescribed herein are to be construed in accordance with the City's zoning ordinance, or other applicable ordinances of the City, or in the absence of such ordinances, then in accordance with customary usage in municipal planning, surveying, and engineering practices.

Alleys are minor dedicated ways which are used primarily for utility lines and secondarily for vehicular service access to the back or the side or properties otherwise abutting on a street.

Applicant is the owner of a tract or parcel of land, or the subdivider, developer, surveyor, engineer, or other authorized agent representing the owner as appropriate, who submits a plat or who is otherwise subject to the requirements of this ordinance.

Block is a contiguous area of land that may contain one or more lots, and which is bounded by any combination of streets, highways, railroad rights-of-way, parks or other public land, waterways, other physical barrier, or exterior boundary of a subdivision.

Building setback line is the line within a property and parallel to a property line defining the minimum required horizontal distance between a building and adjacent street right-of-way line or adjacent property lines.

City means the City of Martindale, Texas.

City administrative official is the City official, or his or her authorized representative, designated to take action as prescribed in this ordinance for, or in, the name of the City.

City Planner is the authorized staff representative delegated to take action as prescribed in this ordinance. The City Planner may be a City employee or a consultant hired as an independent contractor by the City.

City staff are those various persons working for the City, either through direct employment or contract employment, who are so authorized to represent various work elements related to their specific expertise.

Commission means the Planning and Zoning Commission of the City, and is the authority for the approval of plats under this ordinance, unless otherwise stated.

Comprehensive master plan:

1. A statement of public policy containing the goals and objectives of the community;
2. Capital improvements programs;
3. Land use plan;
4. Thoroughfare plan;
5. Community facilities plan;
6. Subdivision and zoning regulations and other development codes, ordinances, policies, and plans promulgated by the council for the quality and orderly growth of the community.

Concept plan is a scale drawing showing the overall development concept of a tract or parcel of land that is prepared for an initial application conference before a plat is submitted.

Council is the City Council of the City of Martindale.

County Clerk shall mean the County Clerk for the County in which the land to be subdivided lies. If the land to be subdivided lies within more than one county, recording shall be effected with each County Clerk for each such county.

County Tax Appraisal District refers to the Appraisal District for the county in which the land in question lies.

Day means calendar day unless otherwise specified.

Developer is a person or corporation who provides for the development of a tract or parcel of land into an area where building lots or sites are delineated and provided with street access, utilities, and drainage facilities.

Easement is a grant by the property owner to the public, a corporation, or persons for the use of a strip or tract of land for specific purposes.

Engineer is a person duly authorized under the provisions of Chapter 1071 of the Occupations Code as heretofore or hereafter amended, to practice the profession of engineering.

Extraterritorial jurisdiction (ETJ) means the unincorporated area, not a part of any other City, which is contiguous to the corporate limits of the City and is further determined under V.T.C.A., Local Government Code Ch. 42.

File is to place among the official records as prescribed by this ordinance.

Land use planner  is a person having an occupation classified as City or land planning, capable of designing the proposed subdivision, or use of real estate, and capable of professionally drawing the proposals into map or plan form.

Lot is a designated parcel of land established by a recorded subdivision plat or development plat and which may be separately owned and used, developed, or built upon.

Plat is a complete and exact subdivision plan submitted to the City for consideration and which will be submitted to the county clerk for recording, subsequent to the fulfillment of all provisions of this chapter. Plat includes replat, in accordance with V.T. C.A., Local Government Code § 212.001.

Preliminary plat is an initial form of a subdivision plat required whenever public infrastructure must be constructed within the subdivision by the applicant, and is the basis for the engineering plans.

Record is to file an official copy of a document in the office of the County Clerk.

Recordable plat is a final plat, replat, resubdivision plat, minor plat, or amending plat, all of which are in a form containing certificates of authorization, dedication, and approval in accordance with the requirements of this chapter for final plats, and which is intended to be filed for record in the office of the County Clerk.

Right-of-way (R. O. W.) is a strip of land used or intended to be used, wholly or in part, as a public street, alley, crosswalk way, sidewalk, or drainageway.

Standards are the official maps, master plans, ordinances, and specifications of the City.

Streets are that portion of the dedicated right-of-way to be used for vehicle traffic and may be designated as street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, or however otherwise designated.

1. Major road/arterial streets are those which are used primarily for fast or heavy traffic and which may be designated in the comprehensive master plan as such.
2. Collector streets are those which carry traffic from minor streets to major systems of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development and which may be designated in the comprehensive master plan as such.
3. Minor streets are those which are used primarily for access to abutting properties.
4. Marginal access streets are minor streets which are parallel to and adjacent to arterial streets and which provide access to abutting properties and protection from through traffic.
5. Cul-de-sac is a short minor street having but one vehicular access to another street and terminated by a vehicular turnaround.
6. Dead-end street is a street, other than a cul-de-sac, with only one outlet.
7. The street width is measured from back of curb to back of curb; where no curb exists, it is measured from edge of pavement to edge of pavement.

Structure is any man-made construction composed of parts joined together, either built or moved onto a site for use, occupancy, or ornamentation, and located below or on the ground or attached to something having a location on the ground.

Subdivider is any person or any agent thereof dividing or proposing to divide land so as to constitute a subdivision; in any event the term "subdivider" shall be restricted to include only the owner, equitable owner, or authorized agent of such owner or equitable owner, of land sought to be subdivided.

Subdivision includes the following when done for the present or future purpose of sale or building development of a tract of land located within the corporate limits or in the ETJ of the City:

1. The division of any tract of land into two or more parts for the purpose of creating one or more new lots for development, or to modify an existing boundary of ownership whether or not for the purpose of development. This includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method.
2. A resubdivision of all or part of a recorded subdivision, including the expansion of a platted lot to include adjacent unplatted land, or the creation of a new lot encompassing portions of two or more adjacent platted subdivisions.
3. Any change in the size or shape of a previously unplatted tract through acquisition of adjacent unplatted land for the purpose of development.
4. Any change in the size, shape, or number of lots in a recorded subdivision.
5. The relocation of any street or other feature dedicated by a recorded plat, where the relocation alters the boundary of adjacent lots included in the same original plat, and where such lots have not been sold by the owner since the plat was recorded. This does not include simple abandonment or sale by the City of the land included in such dedicated street or other feature.

Subdivision development plan is a plan prepared in accordance with section 34 to show the overall future development of a tract of land when it is proposed to be subdivided and developed in phases and only a portion of the tract is to be platted initially.

Subdivision plat is a map of a subdivision submitted in accordance with Subchapter A, Section 212.004 of the Texas Local Government Code, showing the exact location and boundaries of individual parcels of land subdivided into lots, and showing blocks, streets, alleys, easements, and areas for public use, as applicable. For the purpose of this ordinance, the term plat is used in reference to any recordable plat. No subdivision plat is effective until approved by the City and filed for record in the office of the County Clerk.

Surveyor is a registered professional land surveyor authorized by Chapter 1001 of the Occupations Code to practice surveying within the State of Texas.

Utilities include all those various facilities and elements of construction which relate to water, sanitary sewer, electrical, telephone, cable television, and gas distribution, collection, or transmission lines.

Section 8    Variances

a.    Concurrently with or separately from consideration of a preliminary plat or recordable plat, the commission may authorize a variance from this ordinance when, in its opinion, undue hardship will result from requiring strict compliance. In considering a variance the commission shall allow only conditions that it deems necessary or desirable to the public interest. The commission shall take into account the nature of the proposed use of land involved and existing uses of the land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variance upon traffic conditions, public health, safety, convenience, and welfare in the vicinity. No variance shall be approved unless the following is established:

1. That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of his land.
2. That the variances are necessary for the preservation and enjoyment of a substantial property right of the applicant and that the granting of the variance will not be detrimental to the public health, safety, or welfare, and will not be injurious to other property in the area.
3. That the variance shall not have the effect of preventing the orderly subdivision of other lands in the area in accordance with the provisions of this ordinance.

b.    Findings of the commission, together with the specific facts on which such findings are based, shall be incorporated under the official minutes of the commission meeting at which a variance is granted. Variances shall be granted only when in harmony with the general purpose and intent of this ordinance, so that the public health, safety and welfare may be secured, and substantial justice done. The commission shall not authorize a variance to this ordinance that would constitute a violation of any other valid ordinance of the City.

Section 9    Appeals.

a.    The commission may consider appeals where the applicant alleges that there is an error in an order, requirement, decision, or determination made by the City staff in the enforcement of this ordinance. The commission may reverse or affirm, in whole or in part, or modify the City staff's order, requirement, decision, or determination.

b.    Any person or persons aggrieved by any decision of the commission with respect to subdivision plats, subdivision variances, and appeals of administrative determinations may appeal to the City council by submitting to the City Planner as appropriate within ten days after the date of the commission's action, a written request specifying the grounds for the appeal, together with any supporting evidence. The appeal shall be forwarded to the council together with a copy of the approved minutes of the commission meeting at which the decision in question was made, and shall be considered at the earliest regular meeting for which all required materials are available. The council shall uphold, modify, or reverse the decision of the commission.

Section 10 Enforcement

a.    Any subdivision of land in violation of the terms and provisions of these regulations is hereby declared to be a public nuisance, and the City shall institute any action that may be necessary to restrain or abate such violations.

b.    Any person violating any provision of this ordinance, within the corporate limits of the City, shall be guilty of a misdemeanor.  Prosecution or conviction under this provision shall never be a bar to any other remedy or relief for violations of this ordinance.

c.    Any person violating any provision of this ordinance, outside the corporate limits of the City, but within the City’s extraterritorial jurisdiction, shall not be considered as committing a misdemeanor, nor shall any fine be applicable; however, the City shall have the right to institute an action in the district court to enjoin the violation of any provision of this ordinance.

d.    On behalf of the City, the City attorney shall institute appropriate action to enforce the provisions of this ordinance, or the standards referred to herein, with respect to any violation thereof which occurs within any area subject to the provisions of this ordinance.

e.    The City attorney, or any other attorney representing the City, may at the City's request file an action in a court of competent jurisdiction to enjoin the violation or threatened violation by an owner of a tract of land of a requirement regarding the tract established by this ordinance or to recover damages from the owner of a tract of land in an amount adequate for the City to undertake any construction or other activity necessary to bring about compliance with this ordinance. An "owner of a tract of land" does not include the owner of an individual lot in a subdivided tract of land.

Sections 11 -30 Reserved.

ARTICLE II.          PROCEDURE

Section 31  Plat Required

The owner of a tract of land located within the City limits or extraterritorial jurisdiction who creates a subdivision, as defined in this ordinance, shall prepare and submit a subdivision plat to the City for approval and recording according to the procedures and requirements of this ordinance. No owner or agent of the owner of any land located within a subdivision shall sell or convey any land by reference to, exhibition of, or by the use of a plan or plat of a subdivision, nor shall a building permit be issued for or utility service be provided to any development on a tract of land requiring a recordable plat, before such plat is filed for record with the county clerk. The conveyance of real property included within the subdivision shall be by lot and block. A subdivision plat is not required for the division or assembly of tracts of land into parts greater than five acres within the City limits, or greater than ten acres in the extraterritorial jurisdiction, where each part has access and no public improvement is being dedicated.

Section 32  Initial Application

The applicant shall arrange with the City Planner, as appropriate, for an informal conference with City officials for advice and assistance prior to preparing and submitting the preliminary plat, or recordable plat if no preliminary plat is required. Seven copies of a concept plan, prepared in accordance with section 171, will be delivered to the City Planner not less than five days prior to the conference.

Section 33  Determination of Completeness

a.    Every application shall be subject to a determination of completeness by the City.

b.    No application shall be deemed complete and accepted for processing unless it is accompanied by all documents required by and prepared in accordance with the requirements of this Ordinance.  For a determination of completeness to be issued, an application must include the following:

1. An application signed by the property owner;
2. Payment of the appropriate fee;
3. An accurate metes and bounds description of the subject property (or other suitable legal description);
4. A survey or other appropriate exhibits as identified in this Ordinance for the individual permit; and
5. Any additional documents, forms or other materials required by the City or identified in this Ordinance for the processing of a specific development permit.

c.    The City may from time to time identify additional requirements for a complete application that are not contained within but are consistent with the application contents and standards set forth in this Ordinance.

d.    A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Ordinance.

e.    An application shall not be considered filed within the meaning of Chapter 245 of the Local Government Code until a determination of completeness has been made in accordance with this section.   This shall include a determination that all information and documents required by this Ordinance for the type of permit being submitted or other requirements have been submitted.   Whenever this Ordinance establishes a time period for processing of an application by the City, such time period shall not commence until the application has been reviewed for completeness in order to determine whether the application has been properly submitted and the applicant has corrected all deficiencies in such application.  Review for completeness of application forms is solely for the purpose of determining whether preliminary information required for submission with the application is sufficient to allow further processing and shall not constitute a decision as to whether the application complies with the provisions of this Ordinance. 

f.     In order for the City to refuse to accept the filing of an application based upon a lack of completeness, the City shall provide written notice of the failure to complete the application to the applicant within ten (10) days, which notice shall specify the necessary documents and information required and the date the application will expire if such information is not provided.  If such notice is given to the applicant within ten (10) days, the City may provide that a permit application expires on or after the 45^th day after the date it is filed, by written notice.  

g.    The processing of an application by any City employee prior to the time the application is determined to be complete shall not be binding on the City as the official acceptance of the application for filing.  The incompleteness of an application shall be grounds for denial of the application regardless of whether a determination of incompleteness was mailed to the applicant.

h.   A development permit application shall be deemed to expire on the 45th day after the application is submitted to the City for processing if the applicant fails to provide documents or other information necessary to meet the requirements of this Ordinance or other requirements as specified in the determination provided to the applicant. Upon expiration, the application shall be returned to the applicant together with any accompanying documents.  Thereafter, a new application must be submitted.

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

Section 34. Subdivision Master Plan

When only a portion of a tract is to be platted initially, with one or more additional phases of the same subdivision to be platted sequentially at a later date, and where a preliminary plat is not submitted for the entire original tract, the following provisions apply:

a.    A subdivision development plan for the entire tract and a preliminary plat, if required, for that phase to be immediately developed shall be submitted together for review and approval in accordance with the procedures in section 33 for preliminary plats. The subdivision development plan is a scale drawing including a vicinity map and legal description of the property, and showing proposed street rights-of-way, easements, building sites or lots, areas for parks or other public facilities, school sites, utilities, drainage features, contour intervals of not less than five feet, and proposed phase boundaries for the subdivision to be developed in sections.

b.    Upon approval, or approval with modifications, of the subdivision development plan and preliminary plat by the commission, a final platfor that portion to be immediately developed shall be submitted in accordance with this chapter. Additional phases conforming with the approved subdivision development plan may then be platted sequentially in accordance with the requirements for preliminary and final plats. No changes to the subdivision development plan shall be made without approval of the commission.

c.    The first phase subdivided shall be labeled "Section One" following the name of the subdivision, with subsequent phases numbered sequentially thereafter

Section 35. Preliminary Plat 

a.    A Preliminary Plat is required to determine the general layout of the subdivision, the adequacy of public facilities needed to serve the intended development and the overall compliance of the land division with applicable requirements of this Ordinance.  A Preliminary Plat may be submitted for any phase of development consistent with an approved Subdivision Master Plan.  Where a Subdivision Master Plan is not required and the area to be platted is part of a larger tract of land, the preliminary plat must encompass the entire tract of land under ownership of the subdivider and shall provide a preliminary layout of streets, lots, blocks, utilities and drainage for the larger tract. 

b.    Following the initial application conference and staff review of the concept plan, the applicant shall prepare a preliminary plat, if required, and requested variances, if any, in accordance with section 172, which, together with other supplementary materials specified herein, shall then be submitted in seven prints to the City Planner for staff review, along with the application form and fee as provided herein, at least three weeks prior to the commission meeting at which it is to be considered. Upon receipt of staff comments, the applicant shall make any requested corrections or other changes and submit 12 prints of the revised preliminary plat to the City Planner, who will then refer it to the commission within three weeks of the submission of revisions. All plat prints shall be pre-folded to a size no larger than 9 inches by 12 inches at the time of submittal.

c.    The City engineer, City Planner, or commission may require the applicant to submit additional topographic information, detailed plans for proposed uses, or other information to determine possible flood or erosion hazards, the effect of the subdivision uses upon flows, and the adequacy of proposed flood protection measures. Such request will be in writing and shall specify the type of additional data required and its format.

d.    The preliminary plat shall be reviewed as follows:

1. City engineer, public works and water/wastewater departments as appropriate:

(a)    Drainage system.

(b)   Street layout, paving grades, type of paving.

(c)    Boundary lines.

(d)   Monuments and benchmarks.

(e)    Location and size of alleys.

(f)    Availability of adequate water, sanitary sewer, and electric service to the subdivision, including required water flow for fire suppression.

(g)   Water utility system and fire hydrant locations.

(h)   Sanitary sewer utility system.

(i)     Electrical distribution system and street lighting.

(j)     Utility easements.

2. The City Planner:

(a)    General plat format and content.

(b)   Lot and block numbers.

(c)    Street layout.

(d)   Street names.

(e)    Lot dimensions and building lines.

(f)    Subdivision name.

3. Police department:

(a)    Traffic safety devices.

(b)   Street names and design.

(c)    Public access.

4. Fire department/EMS:

(a)    Water utilities system and fire hydrant locations.

(b)   Street names.

(c)    Fire protection access.

e.    The City Planner shall forward the preliminary plat and accompanying data to the commission with staff recommendations as to any further modifications.

f.     The commission shall:

1. Approve or disapprove the preliminary plat and/or variances; or,
2. Approve the preliminary plat and/or variances with modifications.
3. Act on the plat within 30 days after it is filed with the City Planner, pursuant to Section 212.009 of the Local Government Code.

g.    Within ten days of the commission's decision, the City shall issue to the applicant a certificate stating the date that the preliminary plat was approved, approved with modifications, or denied, and state the reasons for denial, if applicable.

h.   If the commission disapproves, or approves with modification, the preliminary plat and/or variances, the applicant may elect one of the following:

1. In the case of disapproval, make any changes necessary to address the commission's reason for denial, resubmit the plat to the City Planner, as appropriate, with revisions for review and reconsideration by the commission in accordance with the same procedural requirements as for the original submission. If a revised preliminary plat is not resubmitted within 90 days of the commission's denial, it shall be considered withdrawn.
2. In the case of approval with modification, make the changes requested by the commission and provide the City Planner with two revised copies of the preliminary plat. If the revised copies are not resubmitted within 90 days of the commission's approval, the preliminary plat shall be considered withdrawn.
3. (3) In either case of disapproval or approval with modification, not change or resubmit the plat, and appeal as provided in this chapter.

i.     After approval of the preliminary plat and/or variances by the commission, and submittal of revised copies, if applicable, the applicant may proceed with the final plat and engineering plans.

j.     Approval of the preliminary plat shall be effective for no more than 12 months before the final plat and engineering plans are submitted for approval. If no circumstances have occurred which would affect the preliminary plat during that period, the commission may consider, upon written request by the applicant, extending the approval for a maximum of two additional six-month time periods. At the end of this extension period, the approval is automatically revoked. The City reserves the right to review the condition of the project area to make a determination whether or not each six-month extension is justified or if modification should be made thereto. A preliminary plat that has expired can be reactivated only by resubmittal in accordance with all normal procedures for the original submission.

Section 36 Final Plat

a.    A Final Plat is required to assure that the division or development of the land subject to the plat is consistent with all standards of this Ordinance pertaining to the adequacy of public facilities, that public improvements to serve the subdivision or development have been installed and accepted by the City or that provision for such installation has been made, that all other requirements and conditions have been satisfied or provided for to allow the plat to be recorded, and to assure that the subdivision or development meets all other standards of this Ordinance to enable initiation of site preparation activities for any lot or tract subject to the plat. Approval of a Final Plat shall be required prior to any non-exempt division of land and prior to any site preparation activities for a lot or tract of land that requires installation of public improvements on or adjacent thereto. A Final Plat may be submitted for any phase of development consistent with an approved Preliminary Plat.

b.    Procedure

1. A final plat, which is a recordable plat, and engineering plans, if required, shall be prepared in accordance with the approved preliminary plat, if any, and with sections 173 and 174. Seven prints of the plat and two copies of the engineering plans, if applicable, along with a written application, shall be submitted to the City Planner for staff review. Upon receipt of staff comments, the applicant shall make any requested corrections or other changes and submit 12 prints of the revised plat (two prints of revised minor plats) and engineering plans to the City Planner. The plat shall be considered "filed" with the City on the date that the revisions are submitted along with the application fee as provided herein. The revised plat will be accepted only if the engineering plans, if any, have been approved by the City engineer. All plat prints shall be pre-folded to a size no larger than nine inches by 12 inches at the time of submittal.
2. Within 30 days after the final plat is filed with the City Planner, the commission shall approve or disapprove the plat. Within ten days of the commission's decision, the City shall issue to the applicant a certificate stating the date that the final plat was approved or denied, and state the reasons for denial, if applicable. If the plat complies with all standards and requirements of this chapter, it shall be approved. A final plat that is denied may be resubmitted as a continuance of the same application if the necessary changes are made to address the reasons for the commission's denial. If a revised final plat is not resubmitted within 90 days of the commission's denial, it shall be considered withdrawn.
3. After approval of the final plat, the applicant shall submit one set of digital drawing files of the plat on compact disc in the ASCII version of a DXF file, projected within the parameters of the Texas State Plane Coordinate System, in survey feet, and shall also submit two photographic mylar reproducible sets of the plat containing the notarized signature of the owner(s), and the signatures and seals of the surveyor and engineer, as applicable. The chairman of the commission, or designee, will sign the approval certificate on the mylar reproducible sets. In the case of amending plats and minor plats not requiring a variance, the Mayor will sign the approval certificate. The City Planner shall cause the final plat to be recorded with the county clerk within five days after acceptance by the City of all improvements, as provided in section 203. After recording, one mylar reproducible set shall be retained by the City Planner.
4. Changes made to a final plat subsequent to being recorded and not eligible for an amending plat as set forth in section 39, shall be submitted as a replat in accordance with section 38. Other corrections or changes made to a final plat subsequent to being recorded, shall be submitted as an amending plat in accordance with section 39. Upon approval of the replat or amending plat, it shall be recorded with the county clerk, who shall mark the previously recorded plat as "void."
5. Construction by the applicant of any required public improvements shall commence within 12 months of the commission's approval of a final plat. Upon written request by the applicant, the City Planner may extend approval for one additional six-month period. At the end of this extension period, the approval is automatically revoked. A final plat that has expired can be reactivated only by resubmittal in accordance with all normal procedures for the original submission, including payment of applicable fees.
6. Approval of the final plat as referred to herein shall amount to authorization for the developer to proceed with construction of public improvements in accordance with the final plat and engineering plans, as approved, but the final plat shall not be recorded until final acceptance in accordance with Section 203. The issuance of a certificate pursuant to Section 206 shall not constitute authorization for recording of the final plat, but shall only be utilized by the developer or subdivider in connection with the construction of public improvements, obtaining financing and public utility connections and other legitimate purposes relating to preparation of the subdivision for final inspection and acceptance.

Section 37 Minor Plat

A minor plat is a recordable plat involving four or fewer new lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities. A minor plat does not require prior approval of a preliminary plat, and is prepared and processed in accordance with the requirements for final plats as specified in section 36, except that it may be approved administratively by the City Planner. The City Planner may for any reason, elect to present the plat to the commission or, if the City Planner refuses to approve the plat, it shall be referred to the commission for approval or denial, in accordance with the procedures for final plats, within three weeks of the City Planner’s denial. If a variance is requested by the applicant, the minor plat must be referred to the commission for approval or denial of both the variance and the plat.

Section 38 Vacating Plat

a.    The proprietors of the tract covered by a plat may vacate the plat any time before any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved and recorded in the manner prescribed for the original plat.

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

c.    The county clerk shall write legibly on the vacated plat the word "vacated" and shall enter on the plat a reference to the volume and page at which the vacating instrument is recorded.

d.    On the execution and recording of the vacating instrument, the vacated plat has no effect.

Section 39 Replatting Without Vacating Preceding Plat

a.    A replat is a recordable plat that does not require prior approval of a preliminary plat, and is prepared and processed in accordance with the requirements for final plats as specified in section 35, subject to additional public hearing requirements, if applicable, as set forth in this section. A replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding plat without vacation of that plat if the replat:

1. Is signed and acknowledged by only the owners of the property being replatted;
2. Is approved by the commission, after public hearings at which parties in interest and citizens have an opportunity to be heard; and,
3. Does not attempt to amend or remove any covenants or restrictions.

b.    If during the preceding five years, any of the area to be replatted without vacation of the preceding plat was limited by zoning classification or deed restrictions to residential use for not more than two units per lot, then notice of the public hearing required in subsection (a) shall be given before the 15th day before the date of the hearing by:

1. Publication in the City's official newspaper/publication of record; and,
2. Written notice by mail, with a copy of subsection (c) of this section attached, to the owners of lots that are in the original subdivision and that are within 200 feet of the lots to be replatted, as indicated on the most recently approved City tax roll or, in the case of a subdivision within the extraterritorial jurisdiction, the most recently approved county tax roll of the property upon which the replat is requested.

c.    If the proposed plat requires a variance and is protested in accordance with this subsection, the proposed plat must receive, in order to be approved, the affirmative vote of at least three-fourths of the members of the commission present. For a legal protest, written instruments signed by the owners of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the commission prior to the close of the public hearing. In computing the percentage of land under this subsection, the area of streets and alleys shall be included. Compliance with the subsection is not required if the area to be replatted was designated or reserved for other than single-family or duplex-family residential by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat.

Section 40 Amending Plat

a.    An amending plat is a recordable plat prepared and processed in accordance with the requirements for final plats as specified in section 35, except that it may be approved administratively by the City Planner. It is controlling over the preceding plat without vacation of that plat, if the amending plat is signed by the applicants only and is solely for one or more of the following purposes:

1. To correct an error in a course or distance shown on the preceding plat;
2. To add a course or distance that was omitted on the preceding plat;
3. To correct an error in a real property description shown on the preceding plat;
4. To indicate monuments set after the death, disability, or retirement from practice of the surveyor responsible for setting monuments;
5. To show the location or character of a monument that has been changed in location or that is shown incorrectly as to location or character on the preceding plat;
6. To correct any other type of scrivener or clerical error or omission previously approved by the City including lot numbers, acreage, street names, and identification of adjacent recorded plats;
7. To correct an error in courses and distances of lot lines between two adjacent lots if:

(a)    Both lot owners join in the application for amending the plat;

(b)   Neither lot is abolished;

(c)    The amendment does not attempt to remove recorded covenants or restrictions; and

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

8. To relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement;
9. To relocate one or more lot lines between one or more adjacent lots if:

(a)    The owners of all those lots join in the application for amending the plat;

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

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

10. To make necessary changes to the preceding plat to create six or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat if:

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

(b)   The changes do not attempt to amend or remove any covenants or restrictions; and

(c)    The area covered by the changes is located in an area that the commission and council have approved, after a public hearing, as a residential improvement area.

11. To replat one or more lots fronting on an existing street if:

(a)    The owners of all those lots join in the application for amending the plat;

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

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

(d)   The amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities.

b.    Notice, a hearing, and the approval of other lot owners are not required by the approval and issuance of an amending plat.

c.    Amending plats shall be presented to the City Planner for approval. If, for any reason, the City Planner does not wish to approve the plat, it shall be presented to the commission for approval or denial in accordance with the procedures for final plats in section 35, within three weeks of the City Planner’s denial. If a variance is requested by the applicant, the amending plat must be referred to the commission for approval or denial of both the variance and the plat.

Section 41 Tax Certification

At the time the applicant files any recordable plat with the City Planner, he shall attach a certificate showing that all taxes have been paid on the tract to be subdivided and that no delinquent taxes exist against the property.

Sections 42-70. Reserved.

ARTICLE III.         DESIGN STANDARDS

Section 71  Reserved

Section 72  Streets

a.    The arrangement, character, extent, width, grade, and location of all streets shall conform to the comprehensive master plan and shall be considered in their relation to existing and planned streets, to topographical conditions, to public safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.

b.    When such a street is not on the comprehensive master plan, the arrangement of streets in a subdivision shall provide for the continuation of existing streets in surrounding areas. If there are no streets existing on adjacent vacant and unsubdivided land, the arrangement of streets in the subdivision shall make provision for the proper extension of streets into such area. The length of any dead-end street projections intended for future extension beyond the limits of the subdivision shall not exceed the depth of one lot unless a cul-de-sac is constructed no further than one lot from the subdivision perimeter.

c.    All subdivisions with a potential to serve more than 100 dwelling units, or more than 25 nonresidential lots, shall have at least two points of vehicular access consisting of improved streets connected to the City's thoroughfare system; or, a single entrance street divided by a median where the median extends to the nearest internal street which provides at least two routes to the interior of the subdivision. Residential driveways shall not be located on the sides of the divided street parallel to and within the length of an entrance median.

d.    Where a subdivision adjoins or contains an existing or proposed major road, arterial street, or collector street, the commission may require marginal access streets, reverse frontage, deep lots with rear service alleys, or such treatment as may be necessary for adequate protection to residential properties and to afford separation of through and local traffic. No side lot access to residential corner lots shall be allowed from any arterial street.

e.    Where the proposed subdivision abuts upon an existing street that does not conform to the comprehensive master plan, the subdivider shall dedicate one-half of the right-of-way sufficient to make the ultimate full right-of-way width conform.

f.     Reserve strips controlling access to streets, rights-of-way, or other land dedicated or intended to be dedicated to public use shall be prohibited, except where the City is given control, under conditions approved by the commission.

g.    Street jogs with centerline offsets of less than 125 feet shall be avoided.

h.   Arterial street intersections shall be at 90-degree angles. Other street intersections shall be laid out so as to intersect as nearly as possible at right angles, and no street shall intersect at less than 75 degrees nor more than 105 degrees.

i.     Street right-of-way and pavement widths shall be as shown on the comprehensive master plan and, where not shown therein, shall be not less than as follows:

1. Arterial streets: Minimum right-of-way width 80 feet to a maximum of 140 feet, with the pavement width section to be based on standard details for the specific street class, depending upon the location and existing streets with which said street is to be connected.
2. Collector streets: Right-of-way width 60 feet, and pavement width of 41 feet back-to-back of curb. The right-of-way may be required to be wider or supplemented with abutting easements where all utilities are to be located in the front of lots.
3. Local streets:

(a)  Residential street: Right-of-way width 50 feet, and pavement width of 31 feet back to back of curb. The right-of-way shall be wider or supplemented with abutting easements where all utilities are to be located in the front of lots.

(b) Local street in multifamily, commercial, or industrial areas: Right-of-way width 60 feet, with pavement width section as identified in standard details or greater if required for drainage. The right-of-way may be required to be wider or supplemented with abutting easements where all utilities are to be located in the front of lots.

j.     Half-width streets shall be prohibited.

k.    A cul-de-sac shall not be longer than 500 feet measured from the connecting street centerline to center radius point of the closed end having a paved street turnaround diameter of at least 80 feet with a right-of-way diameter of at least 100 feet for residential, and at least 180-foot paved street turnaround diameter with a 200-foot right-of-way diameter in commercial and industrial areas. Center islands may be provided subject to approval by the City.

l.     New streets of like alignment shall bear the names of existing streets and shall be dedicated at equal or greater widths than the existing streets. No street names shall be used which will duplicate or be confused with the name of existing streets.

m.  Names of new streets being constructed as part of a subdivision are subject to approval of the commission. Once a street is accepted by the City and the subdivision plat is recorded designating the name of such street, any subsequent change in the name of the street is subject to approval by the council.

n.   All new streets dedicated within a subdivision shall be improved in accordance with the construction standards of the City.

o.    If an existing public street or unimproved right-of-way not meeting City standards for its classification designated in the comprehensive master plan with respect to width, drainage, or surface type abuts the perimeter of a subdivision and provides the sole vehicular access to the subdivision or section thereof being platted, it shall be improved at the subdivider's expense to comply with such standards prior to acceptance of the subdivision by the City. The length of the improvement shall extend to the nearest existing street or portion thereof that meets City standards. Where the substandard perimeter street is already paved with a durable all-weather surface and has an adequate width for at least two lanes of traffic, the City may accept, as an alternative to the subdivider improving the street, a payment equal to one-half the estimated cost of improvement to City standards, as determined by the City engineer. Such payment shall be made concurrently with acceptance of the subdivision improvements by the City, and the City shall deposit the funds in an account reserved for future improvement of the substandard perimeter street. This option is available only when it is determined that the existing perimeter street, in its current state, is capable of carrying the expected traffic upon full development of the subdivision. The City may require a traffic impact study to be prepared at the subdivider's expense to document the existing capaCity of the street.

p.    If a tract is subdivided into parcels larger than ordinary building lots, such parcels shall be arranged to allow for the opening of future streets.

Section 73  Alleys

a.    Right-of-way for service alleys in commercial and industrial districts shall be a minimum of 25 feet in width, with a 20-foot wide pavement section.

b.    Alleys in residential districts shall be parallel, or approximately parallel, to the frontage street, and shall have a minimum right-of-way width of 15 feet, with a ten-foot wide pavement section.

c.    Alleys shall be optional in all new developments and replatted existing subdivisions, unless expressly required by the commission because of drainage, topographical features, circulation, or existing conditions which may necessitate the use of an alley in a particular location. Any right-of-way for alleys shall be dedicated to the City.

d.    Alleys shall be paved in accordance with the construction standards of the City.

e.    Where the deflection of alley alignment exceeds 30 degrees, a cutback of a minimum 15 feet, or of such greater distance to provide safe vehicular movement, shall be established on the inside property line and the paving of the alley shall be cut back in the same manner.

f.     Where the deflection of an alley alignment exceeds 15 degrees, a five-foot-wide pole guy easement shall be provided at the exterior of each point of deflection and normal hereto. The easement length shall be 15 feet for a deflection from 15 degrees to 30 degrees and 25 feet for deflection greater than 30 degrees.

g.    Dead-end alleys are prohibited.

h.   Access to residential property may be permitted from the alley. Access from the alley shall not exclude another means of access from the front or side.

Section 74  Easements

a.    Easements across lots, along and abutting front lot lines, or centered on rear or side lot lines shall be provided for utilities and drainage where necessary. Drainage easements must be exclusive and no improvements may be constructed therein. When such easements are shown on a subdivision plat, this exclusivity and restriction will be noted on the plat and included in any restrictive covenants. Drainage and utility easements will not be superimposed.

b.    Where a subdivision is traversed by a watercourse, drainage-way, or channel, a storm drain easement or drainage right-of-way, conforming substantially with such course and of a width to fulfill the requirements of the City's flood hazard area standards and drainage standards, as calculated by the developer's engineer, will be provided. Nonrestricted access shall be provided to all drainage-ways and storm system easements for maintenance by the responsible parties. Access shall be provided within 500 feet of all points where drainage easements exist, and parallel streets or parkways may be required for access to the easement.

c.    Where alleys are not provided in a residential subdivision and utilities are to be provided in the rear of lots, a minimum seven and one-half-foot-wide utility easement shall be provided where needed along the rear of all lots within the subdivision. When one or more lots are located such that there is no similar easement in adjoining tracts, a minimum 15-foot wide easement will be provided.

d.    When the tract to be subdivided includes an easement of the blanket form or is a portion of a tract which includes such an easement, the subdivider shall take such action as is necessary prior to submission of the preliminary plat to have such easement removed or to have such easement redefined to a specific location and to a specific size or width.

e.    Public access easements may be provided to accommodate a required public sidewalk along and adjacent to the public street right-of-way where conflicts with natural features, utility equipment, or other appurtenances make the location of the sidewalk within the right-of-way impractical. Private access easements may be provided to accommodate joint vehicular access to adjacent lots in the subdivision.

Section 75  Blocks

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

1. Provision of adequate building sites suitable to the special needs of the type of use contemplated.
2. Zoning requirements as to lot sizes and dimensions.
3. Needs for convenient access, circulation, control, and safety of street traffic.

b.    In general intersecting streets determining the block length and width shall be provided at such intervals as to serve cross traffic adequately and to meet existing streets or in accordance with customary subdivision practices. Where no existing subdivision controls, the block lengths shall generally not exceed 800 feet along local streets, 1,000 feet along collector streets, or 1,200 feet along arterial streets. Where no existing subdivision controls, the blocks shall generally not be less than 400 feet along local or collector streets, or 500 feet along arterial streets. However, in cases where physical barriers or property ownership creates conditions where it is appropriate that these standards be varied, the length may be increased or decreased to meet the existing conditions having due regard for connecting streets, circulation of traffic and public safety. Where opposite sides of a block are along different classifications of streets, the length shall generally conform to the maximum and minimum limits applicable to the higher classification.

c.    Where blocks in the vicinity of a school, park, or shopping center are 1,000 feet or longer, the commission may require a six-foot public pedestrian access easement near the middle of the block or at a street that terminates between streets at the ends of the block.

d.    Where no existing subdivision controls, the block depth shall be platted to give lots with depth to width ratios of generally not more than two and one-half to one and in no case more than four to one, and the design shall be such that the block depth generally shall not exceed 350 feet. When possible, the block width and length shall be such to allow tiers of lots back to back.

e.    Blocks shall be labeled sequentially, from One or from A in each subdivision or section thereof.

Section 76  Lots

a.    Lots sizes and dimensions shall conform to the minimum requirements of the applicable zoning district.  Lot area shall be calculated including all easements.  Changes in the required lot sizes and dimensions may only be allowed through rezoning or through the granting of a variance by the City of Martindale.  Lots in the Extraterritorial Jurisdiction shall provide the minimum lot area necessary for the treatment of wastewater.

b.    Each lot shall abut an improved public street right-of-way along at least one property line.

c.    Key lots or irregular shaped lots shall have sufficient width at the front building line to meet frontage requirements of the appropriate zoning district. Also, the rear width shall be sufficient to provide access for all utilities, but in no case less than ten feet.

d.    Flag lots, which have minimal or panhandle-type frontage, shall not be allowed in lieu of providing access to lots on the interior of a subdivision with one or more public streets except, however, that one flag lot may be approved in the subdivision of an extremely long and relatively narrow previously unplatted tract into two lots provided that the street frontage of the flag lot is at least 25 feet and the width of the lot where any building is constructed is at least the minimum required by the applicable zoning district.

e.    Side lot lines shall be substantially at right angles or radial to street lines.

f.     Double frontage and reverse frontage lots will be avoided, except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantage of topography and orientation. Where lots have double frontage, a front building line shall be established for each street.

g.    Each lot in each block shall be labeled sequentially from one.

Section 77  Sidewalks

a.    In those instances when a six-foot pedestrian access easement is provided is accordance with subsection 75(c), the applicant shall construct a sidewalk not less than four feet wide therein.

b.    Sidewalks, not less than four feet wide, shall be provided on each side of major road/arterial streets and collector streets, and on one side of local streets, including cul-de-sacs exceeding 350 feet in length as measured in accordance with subsection 72(k). Required sidewalks shall be constructed by the builder for each lot before a certificate of occupancy will be issued for any structure thereon. Sidewalks required along public streets abutting property that is already developed, or abutting land areas dedicated for a public park in accordance with section 111, shall be constructed by the subdivider as a subdivision improvement prior to the plat being recorded.

c.    The location of sidewalks shall be noted on the subdivision plat.

d.    Sidewalks are not required:

1. On culs-de-sac 350 feet or less in length.
2. Along local streets in residential subdivisions where no lot is less than one acre in size.
3. When no more than three lots are being replatted where there was no requirement for sidewalks at the time the subdivision was originally platted.
4. Where the commission authorizes a variance waiving all or a portion of the sidewalk requirement in accordance with section 3.

e.    Curb ramps for the handicapped shall be constructed to comply with applicable state and federal law.

Section 78  Streetlights

Streetlights shall be installed by the subdivider in accordance with the current streetlight policy, as adopted by the council, and shall conform to the construction standards of the City.

Section 79  Street Signs

a.    Street name signs. Street name signs approved by the City shall be furnished and installed by the subdivider, at the subdivider's expense, at each intersection within or abutting the subdivision.

b.    Traffic control signs. Appropriate traffic control signs, required by the Uniform Traffic Control Manual and approved by the State of Texas, shall be furnished and installed by the subdivider, at the subdivider's expense.

Section 80  Flood Hazard

The City may attach conditions including, but not limited to, the following to the approval of plats for areas subject to development problems in flood hazard areas:

a.    Construction and modification of sewer, water supply, and drainage facilities to meet the standards of this ordinance and to promote health, safety, and general welfare.

b.    Requirements for construction of channel modifications, dikes, levees, and other protective measures.

c.    Imposition of operational controls, sureties, and deed restrictions may include flood-proofing of intended uses at the time such uses are constructed.

Section 81 Compliance with Minimum State Standards for Safe and Sanitary Water Supply and Sewer Services

The plat or a document attached to the plat must describe the water and sewer service facilities that will be constructed or installed to service the subdivision and contain a statement of the date by which the facilities will be fully operable. The engineer’s certificate attached to the plat shall certify that the water and sewer service facilities described by the plat are in compliance with the model rules adopted under Section 16.343 of the Texas Water Code. If the source of the water supply intended for the subdivision is groundwater under the land being subdivided, the engineer’s certificate attached to the plat shall certify that adequate groundwater is available to the subdivision in the form and with the content prescribed for such certificates by the Texas Commission on Environmental Quality.

Sections 82-110. Reserved.

ARTICLE IV COMMUNITY FACILITIES AND OPEN SPACES

Section 111 Areas for Public Use

The subdivider shall give consideration to one or more suitable sites for public parks, playgrounds, and other public community facilities in accordance with the comprehensive plan and associated plans and policies of the City. A school site approved by the School District for purchase by the District shall be considered an eligible community facility for the purpose of this article. Any provision for schools, parks, etc., shall be indicated on the plat.

Section 112 Land Dedication

a.    Except as provided in section 113 or for nonresidential subdivisions, land shall be dedicated by the subdivider in the amounts listed below or greater for community facilities or open space in any subdivision greater than five acres in size.

1. Subdivision size over five acres up to and including 20 acres: Five percent of the total land area zoned or intended for residential use.
2. Subdivision size over 20 acres: Eight percent of the total land area zoned or intended for residential use.

b.    The location, size, and functions of the land to be dedicated for community facilities or public open space must be deemed by the City to be suitable for the intended use. If the subdivider develops the site for the approved public use at the subdivider's expense and with approval of the City, the land area dedicated may be decreased to the extent that the value of the improvements is equal to or more than the market value of the land area prior to development, as determined by the County Tax Appraisal District, that is the difference between the minimum amount required and the amount actually dedicated.

c.    No property required to be dedicated for community facilities or public open space shall be in the 100-year floodplain except, however, that natural areas may include the 100-year floodplain if determined by the City to be suitable for leisure activities such as hiking, bicycling, picnicking, and wildlife observance, and such area is deemed by the City as needed or acceptable for such use in that location.

Section 113 Fee in Lieu of Land Dedication.

a.    In instances where dedication of land for community facilities or public open space is unacceptable, unsuitable, unneeded, or infeasible within a subdivision, the subdivider may, at the City's discretion, pay a fee in lieu of land dedication specified in section 112 in the amounts listed below based upon the market value prior to development as determined by the County Tax Appraisal District.

1. Subdivision size over five acres up to and including 20 acres: Five percent of market value of land area that is zoned or intended for residential use.
2. Subdivision size over 20 acres: Eight percent of market value of land area that is zoned or intended for residential use.

b.    For subdivisions greater than one acre in size up to five acres in size, where no land dedication is required, a fee shall be paid equal to five percent of the market value of land area that is zoned or intended for residential use. No fee or land dedication is required for subdivisions one acre or less in size.

c.    Fees paid to meet the community facility and public open space requirements shall be deposited by the City in an account for use only in the acquisition of land, purchase of equipment, or construction of improvements for public open space, including parks, playgrounds, and natural areas.

Sections 114-140 Reserved

ARTICLE V GENERAL ENGINEERING STANDARDS

Section 141          Standards for Construction

a.    The sanitary sewers, storm sewers, drainage features, water utility mains, street improvements, and electrical facilities, with all appurtenances pertaining to the above, shall be constructed and installed in each new subdivision, at the expense of the developer in accordance with the construction standards of the City.

b.    All construction work, such as street paving, storm sewers, curb and/or gutter work, sanitary sewers, water mains, and electrical construction performed by the owner, developer, or contractor, shall be subject to inspection during construction by the proper authority of the City and shall be constructed in accordance with the construction standards of the City.

c.    Floor level of the buildings shall be provided with a minimum of 12 inches above the top of the adjacent street curb, or street centerline, or shall be provided with drainage swale adjustment, such that the structure does not flood.

d.    The construction standards of the City referred to in this ordinance shall be those standards approved by the City Council or, in the absence of such standards, those standards approved by the City engineer as being in conformance with good and proper engineering standards for the type of construction in question.

Section 142          Guarantee of Performance

a.    The developer's engineer shall be responsible for inspection of all construction and for certification, in accordance with section 204.

b.    The developer shall require guarantee of materials and workmanship of his construction contractors, with whom he contracts for furnishing materials and installing the improvements, required under this ordinance and shall himself be responsible for guaranteeing that all materials and workmanship in connection with such improvements are free of defects for a period of one year after acceptance of the improvements by the commission.

c.    In addition to the performance required elsewhere in this ordinance, the subdivider shall provide the following to the City Planner, as appropriate:

1. A check or checks payable to the county clerk in the amount of the recordation fee for filing the final plat.
2. A tax certificate from the City, county, and school district showing that no taxes are currently due or delinquent against the property.
3. The original and one reproducible copy, together with four blueline copies, of the approved construction plans shall be delivered to the City to the City Planner’s designee, as appropriate . Two reproducible sets of as-built construction plans are
4. required if completion of construction improvements precedes recordation of the final plat. In all cases two reproducible sets of as-built construction plans will be required. The City may refuse to issue building permits within a subdivision that has not provided as-built construction plans.
5. The subdivider shall provide the City with sufficient evidence that he holds fee simple title to the property being subdivided.
6. The subdivider shall provide dedication of all streets, alleys, parks, easements and other land intended for public use, signed by the owner or owners and by all other persons owning an interest in the property subdivided and platted, which shall be acknowledged in the manner prescribed by the laws of the State for the conveyance of real property and shall be submitted and attached to or placed in the final plat in accordance with the provisions hereof.
7. No plat shall be filed for record without the written consent of the subdivider authorizing the City Planner to file the plat. If the subdivider fails to give such written consent within 30 days of the date of satisfaction of the requirements of subsection (a) of this section, the commission may at any time thereafter cancel such approval.
8. The commission shall cause such plat to be filed with the county clerk upon compliance with this section. After filing of the plat, the subdivider shall provide the City with a reproducible copy and ten blueline copies.
9. Certificates by such officials stating that the construction conforms to the specification and standards contained in or referred to in this ordinance must be presented to the City Planner prior to recordation of the final plat.

Section 143          Responsibility for Payment of Off-site/On-site Installation Costs

a.    The City may, provided funds are available, participate in the extension of off-site water lines and may pay for pipe in excess of the size required of the developer. The City may, provided funds are available, participate in the extension of off-site sewer lines and may pay for pipe in excess of the size required of the developer. The City may, provided funds are available, participate in the extension of off-site electric lines and may pay for electric line in excess of the size required of the developer.

b.    The City may pay, providing funds are available, for street right-of-way in excess of that required by the comprehensive master plan, except where such extra widths are in commercial developments, or where they are not required by the City. The City may participate, provided funds are available, in the extra cost of large drainage structures on major road/arterial streets shown on the comprehensive master plan.

Section 144          Compliance as Prerequisite to Various Utility Service Permits

a.    No permit shall be issued by the City for the installation of septic tanks upon any lot in a subdivision unless such septic tank system meets requirements of the County Private Sewage Facilities Regulation and of the subdivision regulations of the County.

b.    No building, repair, plumbing, or electrical permit shall be issued by the City for any structure on a lot in a subdivision for which a final plat has not been recorded.

c.    The City shall not repair, maintain, install, or provide any streets or public utility services in any subdivision for which a final plat has not been recorded.

d.    The City shall not sell or supply any electriCity, water, sewerage, or garbage service within a subdivision for which a final plat has not been recorded.

Sections 145-170 Reserved

ARTICLE VI PLATS AND ENGINEERING PLANS

Section 171 Concept Plan

a.    The initial plan will show the following information:

1. Location within the City and with respect to adjoining property.
2. Approximate acreage.
3. Approximate location of streets.
4. Approximate location of lot lines.
5. Intended use, i.e., residential, multifamily, commercial, etc.
6. Approximate location of any flood hazard boundary area.

b.    The initial plan may be to any scale and need not be finely drafted. Use of a copy of the City tax map or City zoning map is suggested.

Section 172 Preliminary Plat Specifications

a.    An application for a preliminary plat shall include the following information and documents:

1. Location/Vicinity Map with North Arrow
2. Title Block located in lower right corner including subdivision name, acreage, complete legal description including survey name and abstract number, City, County and preparation date
3. Legend, if abbreviations or symbols are used
4. Name, address and phone number of owner, developer, applicant, and surveyor
5. North arrow
6. Graphic and written scale (minimum 1”=100’)
7. Surveyed property boundaries with bearings and distances
8. Legal metes and bounds description with calls matching boundary bearings and distances
9. Lot dimensions including bearing and distances
10. Provide lot and block numbers for every lot (numbers only)
11. List the total number of buildable lots
12. Front building setback lines along roadways (provide typical detail of setbacks, including corner lots)
13. Provide existing zoning
14. Location of significant natural features, including floodplains, water courses and wooded areas.
15. Location of significant manmade features, including railroads, buildings, utilities, or physical features
16. For residential subdivisions, a minimum of two (2) points of public access to existing public streets
17. Areas to be dedicated or reserved for right-of-way including dimensions, area and providing bearings and distances of centerline
18. Provide recording information for any existing easements (water, sanitary sewer, storm drainage, electric, telephone, gas, cable television, fire lanes, etc.) and rights-of-way.  Provide all bearing and distance information on proposed easements including easements filed by separate instrument.
19. Location of existing and proposed FEMA 100-year floodplain limits with elevations
20. Existing and proposed topography at five foot (5’) contour intervals including drainage channels and creeks
21. Identify all boundary survey monumentation on the plat.  Tie proposed tract to the parent tract monumentation with bearings and distances.
22. Boundary lines and acreage of the land to be dedicated to the City for public parkland.
23. Boundary lines and acreage of land proposed for private park including note indicating ownership and maintenance responsibility.
24. Land use, zoning, subdivision name, owner name and address, and recording information for all adjacent properties
25. For residential subdivisions, a one foot (1’) non-access easement where the rear, front, or side of the property abuts a major or minor arterial.
26. Location of City limits boundary and/or County boundary if they traverse the subdivision, form part of the boundary of the subdivision or are contiguous to such boundary.
27. For preliminary plats exempt from requirements for Subdivision Master Plan, designation of each phase of development and the proposed order of development.
28. Provide the location of proposed water, wastewater and storm drainage facilities to serve the development including sizes.
29. Show proposed street names.
30. Any additional information as requested to clarify the proposed development.
31. Provide the following notes:

(a)  The thoroughfare alignments shown on this document are for illustration purposes and do note set the alignment.  Alignment is determined at time of final plat.

(b) Notice: Selling a portion of this addition by metes and bounds is a violation of City ordinances and State law and is subject to fines and withholding of utilities and permits.

(c)  According to Flood Insurance Rate Map, Panel __________, dated __________, a 100-year floodplain {does or does not} exists on this site.

(d) If floodplain exists on the property, provide a note stating that the finished floor elevation (FFE) of any structures shall be two feet (2’) above the 100-year flood elevation.

(e)  All private open space, common areas, greenbelts, drainage easement etc. are the responsibility of the developer or its successors and/or assigns.

(f)   Bluebonnet Electric utility note (where applicable)

(g)  Any applicable notes required by TxDOT

(h) State any and all waivers requested for the plat

(i)   State any and all approved or requested waivers

32. Provide the following acknowledgements and certificates:

(a)  Owner’s acknowledgement

State of Texas

County of _______________

I (we) the undersigned, owner(s) of the land shown on this plat, and designated herein as the _________________________ subdivision to the City of _______________, Texas and whose name is subscribed hereto, hereby dedicate for the use of the public forever all streets, alleys, parks, water courses, drains, easements and public places thereon shown for the purpose and consideration therein expressed.

State of Texas

County of _______________

Before me, the undersigned authority, on this day personally appeared __________________________, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for purposes and considerations therein stated.

Given under my hand and seal of office this ______ day of _____________________ 20__

(seal)      __________________________

Notary Public,

________________ County, Texas

(b)  Certification by City Engineer

I, the undersigned, City Engineer of the City of Martindale, Texas hereby certify that this subdivision plat conforms to all requirements of the subdivision regulations of the City as to which this approval is required.

_________________________   (seal)

City Engineer

(c)  Approval of City Planning and Zoning Commission

This plat of the _____________________________ subdivision has been submitted to and considered by the City Planning and Zoning Commission of the City of Martindale, Texas and is hereby approved by such Commission.

Dated this _____ day of _____________________, 20___

By:          Chairman ____________________________

Secretary ____________________________

(d)  Certificate of Platting Surveyor

State of Texas

County of _______________

I, the undersigned, a registered professional land surveyor in the State of Texas, hereby certify that this plat is true and correct and was prepared from an actual survey of the property made under my supervision on the ground.

(Surveyor's Seal)         __________________________

Registered Professional Land Surveyor

(e)  Certificate of Platting Engineer

State of Texas

County of _______________

I, the undersigned, a registered professional engineer in the State of Texas, hereby certify that proper engineering consideration has been given to this plat.

(Engineer’s Seal)         __________________________

Registered Professional Engineer

(f)   Utility Provider Certification

This proposed subdivision plat has been reviewed and approved by the City of Martindale for wastewater treatment capaCity.  All fees due for impact to the system at time of connection will be calculated at submittal of building permit application at the then current fee schedule.

__________________________

Agent for City of Martindale

This subdivision plat of the __________________________ subdivision has been submitted to and approved by Bluebonnet Electric Cooperative for any required easements.

__________________________

Agent for Bluebonnet Electric Cooperative

b.    Criteria for Approval

The Planning and Zoning Commission in considering final action on a Preliminary Plat, should consider the following criteria:

1. The plat is consistent with all zoning requirements for the property or any approved development agreement;
2. The plat conforms to the general layout of the Subdivision Master Plan (if applicable) and is consistent with the phasing plan approved therein;
3. The proposed provision and configuration of roads, water, wastewater, drainage and park facilities conform to the master facilities plans for the facilities, including without limitation the water facilities, wastewater facilities, transportation, drainage and other master facilities plans;
4. The proposed provision and configuration of roads, water, wastewater, drainage and park facilities, and easements and rights-of-way are adequate to serve the subdivision.

c.    Expiration and Extension

1. The approval of a preliminary plat shall remain in effect for a period of two (2) years from the date the application was approved or conditionally approved by the Planning and Zoning Commission, during which period the applicant shall submit and receive approval for a final plat for any portion of the land subject to the preliminary plat.  If a final plat has not been approved within the two (2) year period, the preliminary plat approval, unless extended, shall expire and the plat shall be null and void.
2. At the request of the property owner or their representative, the expiration date for approval of a preliminary plat may be extended by the Planning and Zoning Commission for a period not to exceed six (6) months.  A preliminary plat is not subject to reinstatement following expiration.

Section 173          Final Plat

a.    An application for a final plat shall include the following information and documents:

1. Location/Vicinity Map with North Arrow
2. Title Block located in lower right corner including subdivision name, acreage, complete legal description including survey name and abstract number, City, County and preparation date
3. County recording block
4. Legend, if abbreviations or symbols are used
5. Name, address and phone number of owner, developer, applicant, and surveyor
6. North arrow
7. Graphic and written scale (minimum 1”=100’)
8. Surveyed property boundaries with bearings and distances
9. Legal metes and bounds description with calls matching boundary bearings and distances
10. Lot dimensions including bearing and distances
11. Provide lot and block numbers for every lot (numbers only)
12. List the total number of buildable lots
13. Front building setback lines along roadways (provide typical detail of setbacks, including corner lots)
14. Show proposed street names
15. Location of significant natural features, including floodplains, water courses and wooded areas.
16. Provide recording information for any existing easements (water, sanitary sewer, storm drainage, electric, telephone, gas, cable television, fire lanes, etc.) and rights-of-way.  Provide all bearing and distance information on proposed easements including easements filed by separate instrument.
17. For residential subdivisions, a minimum of two (2) points of public access to existing public streets
18. Areas to be dedicated or reserved for right-of-way including dimensions, area and providing bearings and distances of centerline
19. Location of existing and proposed FEMA 100-year floodplain limits with elevations
20. Identify all boundary survey monumentation on the plat.  Tie proposed tract to the parent tract monumentation with bearings and distances.
21. Boundary lines and acreage of the land to be dedicated to the City for public parkland.
22. Boundary lines and acreage of land proposed for private park including note indicating ownership and maintenance responsibility.
23. Subdivision name, owner name and address, and recording information for all adjacent properties
24. For residential subdivisions, a one foot (1’) non-access easement where the rear, front, or side of the property abuts a major or minor arterial.
25. Location of City limits boundary and/or County boundary if they traverse the subdivision, form part of the boundary of the subdivision or are contiguous to such boundary.
26. Provide letter from TxDOT regarding drainage and access adjacent to TxDOT right-of-way.
27. Any additional information as requested to clarify the proposed development.
28. Provide the following notes:

(a)  Notice: Selling a portion of this addition by metes and bounds is a violation of City ordinances and State law and is subject to fines and withholding of utilities and permits.

(b) According to Flood Insurance Rate Map, Panel __________, dated __________, a 100-year floodplain {does or does not} exists on this site.

(c)  If floodplain exists on the property, provide a note stating that the finished floor elevation (FFE) of any structures shall be two feet (2’) above the 100-year flood elevation.

(d) All private open space, common areas, greenbelts, drainage easement etc. are the responsibility of the developer or its successors and/or assigns.

(e)  Electric utility note (where applicable)

(f)   Any applicable notes required by TxDOT

(g)  Note stating that proposed parkland to be dedicated to the City will be dedicated by a general warranty deed upon acceptance of the subdivision by the City.

(h) State any and all waivers requested for the plat

(i)   State any and all approved or requested waivers

29. Provide the following acknowledgements and certificates:

(a)  Owner’s acknowledgement

State of Texas

County of _______________

I (we) the undersigned, owner(s) of the land shown on this plat, and designated herein as the _________________________ subdivision to the City of _______________, Texas and whose name is subscribed hereto, hereby dedicate for the use of the public forever all streets, alleys, parks, water courses, drains, easements and public places thereon shown for the purpose and consideration therein expressed.

State of Texas

County of _______________

Before me, the undersigned authority, on this day personally appeared __________________________, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for purposes and considerations therein stated.

Given under my hand and seal of office this ______ day of _____________________ 20__

(seal)      __________________________

Notary Public,

________________ County, Texas

(b)  Certification by City Engineer

I, the undersigned, City Engineer of the City of Martindale, Texas hereby certify that this subdivision plat conforms to all requirements of the subdivision regulations of the City as to which this approval is required.

_________________________   (seal)

City Engineer

(c)  Approval of City Planning and Zoning Commission

This plat of the _____________________________ subdivision has been submitted to and considered by the City Planning and Zoning Commission of the City of Martindale, Texas and is hereby approved by such Commission.

Dated this _____ day of _____________________, 20___

By:          Chairman ____________________________

Secretary ____________________________

(d)  Certificate of Platting Surveyor

State of Texas

County of _______________

I, the undersigned, a registered professional land surveyor in the State of Texas, hereby certify that this plat is true and correct and was prepared from an actual survey of the property made under my supervision on the ground.

(Surveyor's Seal)         __________________________

Registered Professional Land Surveyor

(e)  Certificate of Platting Engineer

State of Texas

County of _______________

I, the undersigned, a registered professional engineer in the State of Texas, hereby certify that proper engineering consideration has been given to this plat.

(Engineer’s Seal)         __________________________

Registered Professional Engineer

(f)   County Recording Block

State of Texas

County of __________

I __________________________ County Clerk of said County, do hereby certify that this plat was filled for record in my office on the _____day of __________________________ AD ______ at _______ ___M, and duly recorded the _____day of __________________________ AD_____ at ______ __M, in the records of _________ County, in book volume ________ page ____________ in testimony whereof, witness my hand and official seal of office, this _____day of __________________________ AD, 20___.

County Clerk, _________ County, Texas

By: __________________________

(g)  Utility Provider Certification

This subdivision plat of the __________________________subdivision has been submitted to and approved by the City of Martindale for sewer service availability.

__________________________

Agent for the City of Martindale

This subdivision plat of the __________________________ subdivision has been submitted to and approved by Bluebonnet Electric Cooperative for easements.

__________________________

Agent for Bluebonnet Electric Cooperative

b.    Criteria for Approval

The Planning and Zoning Commission in considering final action on a Final Plat, should consider the following criteria:

1. The Final Plat conforms to the approved Preliminary Plat, except for minor changes that may be approved without the necessity of revising the approved Preliminary Plat;
2. The plat is consistent with the phasing plan approved with the preliminary plat (where applicable);
3. The final layout of the subdivision or development meets all standards for adequacy of public facilities contained in this Ordinance;
4. The public infrastructure improvement plans have been approved by the City’s Engineer.

c.    Expiration and Extension

1. The approval of a final plat shall remain in effect for a period of two (2) years from the date the application was approved or conditionally approved by the Planning and Zoning Commission, during which period the applicant shall submit any required revisions for approval and recordation of the plat.  If the final plat has not been recorded within the two (2) year period, the final plat approval, unless extended, shall expire and the plat shall be null and void.
2. At the request of the property owner or their representative, the expiration date for approval of a final plat may be extended by the Planning and Zoning Commission for a period not to exceed six (6) months.  A final plat is not subject to reinstatement following expiration.

d.    Plat Recordation

1. After approval of a Final Plat, the Planning and Zoning Commission shall cause the City Planner, as appropriate, to record the Final Plat with the County Clerk of the county in which the land is located upon the subdivider's or developer’s performance of one of the following:

(a)  Completion of the construction of required improvements prior to recordation; or

(b) Filing of security in lieu of completing construction.

2. Where public infrastructure improvements have been installed prior to recording of the plat, the property owner shall submit a maintenance bond from each contractor, three (3) sealed sets of “as built” plans or record drawings, one (1) sealed set of “as built” mylars, and one (1) CD containing a digital copy of all plans (in a format as determined by the City), together with a letter stating the contractors' compliance and bearing sealed certification by the design engineer that all public improvements have been constructed in compliance with all City construction standards.  The property owner also shall submit copies of the approved Final Plat with any required revisions on mylars and in the format and number required by the City, together with all certifications required.
3. Where public improvements have yet to be completed in connection with an approved Final Plat, the property owner shall submit in the format and number required by the City, copies of the approved Final Plat with any required revisions on mylars and in the format and number required by the City, together with all certifications required.  Where a an agreement is to be executed for the installation of public infrastructure improvements, the Final Plat shall be accompanied by the security in lieu of construction of improvements.
4. Upon notification of acceptance of required public improvements or filing of security in lieu of infrastructure construction, the City Planner shall procure the signature of the chair of the Planning and Zoning Commission on the plat and shall promptly cause the plat to be recorded.

Section 174          Engineering Plans

a.    General:

1. The developer shall have prepared a complete set of engineering plans showing details of all streets, alleys, drainage structures, water utility, sanitary sewer utility, and electrical distribution system, combined with construction standards, specifications, and related details, which are to be included for development. All cost related to the preparation of these plans shall be paid for by the developer. The engineering plans shall be prepared by a registered professional engineer, duly authorized to perform the specific type of design required for this task.
2. The engineer shall design and prepare engineering plans to utilize the construction standards of the City. When no specific policy, standard, or ordinance exists, then he shall use the standard of the practices for similar conditions. The plans shall be signed and sealed by the professional engineer responsible for the design.
3. All engineering plans shall be submitted on sheets 24 inches by 36 inches, including a minimum one-half-inch margin except on the left border where a minimum two-inch binding margin will be provided, and when appropriate will show an overlay of the subdivision lines. When appropriate, standard printed plan-profile sheets may be used.

b.    The engineering plans will contain, as a minimum:

1. Title, index, and certification page, as applicable.
2. Existing detail:

(a)  The exact location, dimensions, description, and flow lines of existing watercourses and drainage structures within the subdivision and contiguous thereto.

(b) All existing improvements within the subdivision, except structures to be removed and interior fences.

(c)  All utility lines and roads, including type and size, of all public utilities and roads within the subdivision and contiguous thereto.

(d) Soil information which shall show characteristics for soil bearing, shrink/swell, permeability and percolation.

3. Each subdivision application shall include a topographic base map, showing contours at intervals not greater than two feet. All topographic maps shall be based on the National Geodetic Vertical Datum, and a benchmark shall be shown giving its location and elevation. This sheet may be combined with the existing detail sheet.
4. Drainage area map and calculations in accordance with the drainage ordinance.
5. Street plan and profiles:

(a)  To be at a scale of one inch equals 50 feet horizontal, with an appropriate vertical scale. All horizontal and vertical curve data shall be shown.

(b) When the street right-of-way property lines are not curved chordally with the street, but the constructed street will have curves, the PC and PT stationing, radius, and length of each street curve, as a minimum, will be given.

(c)  Street centerline stationing shall reference the subdivision boundary, as appropriate.

6. Sanitary sewer utility lines shall be shown on a standard plan-profile sheet with a scale of one inch equals 50 feet horizontal and an appropriate vertical scale. Stationing shall reference the subdivision boundary, as appropriate.
7. The water utilities system will generally be at a horizontal scale of one inch equals 100 feet in the form of a general plan with appropriate scale plan-profile sheets and details.
8. Drainage channels, lines, and structure shall be shown at a horizontal scale of one inch equals 100 feet in the form of a general plan with appropriate scale plan-profile sheets and details.
9. Electrical distribution system plans shall be at a scale of one inch equals 100 feet and all appurtenances shall be shown. Particular care shall be taken to ensure that guy line easements and streetlight easements shown on the plat correspond with the system.
10. Utility system improvements and streets required, which are not immediately adjacent to the subdivision, shall be shown as "off-site" plan and profiles, as appropriate.
11. When improvement details shown in the construction standards of the City are sufficient to provide for proper construction, no additional details need to be shown on the plans.

Sections. 175-200 Reserved

ARTICLE VII         REQUIREMENTS PRIOR TO ACCEPTANCE OF THE SUBDIVISION BY THE CITY

Section 201 Dedication and Construction of Public Infrastructure

a.    The approval of a plat is not considered an acceptance of any proposed dedication and does not impose on the City any duty regarding the maintenance or improvement of any dedicated parts until the City accepts required improvements in accordance with this Ordinance or until the plat is recorded.

b.    To ensure that it will not incur liabilities, the City may require, before it gives approval of the engineering plans for a development, that the owner provide sufficient surety and warranty to guarantee that claims against the development will be satisfied if a default or construction failure occurs.

Section 202 Construction Plans

a.    Three (3) complete sets of construction plans, specifications and contracts including performance, payment and maintenance bonds covering said construction, for or other satisfactorily written descriptions shall be filed with the appropriate staff as designated by the City Planner upon filing of final plat. These shall show such features as roadways, cross sections and longitudinal slope for drainage, full description of proposed pavement or street improvement, its grade and slope, dimensions and specifications concerning public utilities to be installed showing proposed position on the ground, specifications of materials and construction, and profile maps of all sanitary and storm sewers showing both ground surface and flow line, and other pertinent information of similar nature. These plans shall include, but not be limited to, the following:

1. Street plans
2. Drainage plans
3. Sanitary sewer plans
4. Water line plans
5. Overall utility layout

b.    All such plans shall comply with specifications and design standards as described in this Ordinance.

Section 203          Inspection of Improvements

a.    All construction, such as street grading, site grading, erosion control measures, street paving, drainage structures, curb and gutter, storm sewers, sanitary sewers, and water mains shall be subject to inspection during the construction period by the City, and shall be constructed in accordance with the approved engineering plans and the Standard Specifications governing such work.

b.    Upon completion of construction the City may request the engineer for the City to make a final inspection of the work and to file a report of the results of such inspection.

c.    Before work may begin, the Subdivider shall furnish the City with a pass thru fee in accordance with Section 236 of this Ordinance for any inspection of the project. Said fees shall be used to pay for all inspection fees charged to the City by consultants or third party inspection services.  No person shall be granted notice to proceed to construct, reconstruct, cut or repair any street, drainage or sanitary sewer facility without paying the fees for the inspection of such work.

d.    The Subdivider's contractor shall give at least forty-eight (48) hours notice in writing to the City of intent to commence actual construction of the facilities in order for inspection personnel to be made available.

e.    The Subdivider shall delay connection of buildings to service lines of sewer and water mains until said sewer and water mains and service lines have been completed and accepted by the City.

f.     It shall be the duty of the Subdivider to notify all contractors and sub-contractors working for him that all of their work is subject to inspection by the City Inspector at any time.  Certification of materials being used may be required by the City Inspector.

g.    Laboratory tests required by the City Inspector shall be performed by approved independent testing laboratories and will be at the discretion of the City Inspector.  Approved laboratories are laboratories that are members of the American Council of Independent Laboratories and shall comply with standard recommended practice for inspection and testing agencies for concrete, steel, and bituminous materials as used in construction (ASTM Designation E 329.)  All costs for laboratory tests shall be borne by the Subdivider or his Contractor.

h.   Should any point not be covered in the plans, or Subdivider's Agreement, the Subdivider shall be required to contact the City Engineer for a determination as to the City's requirements.

i.     Any work, which in the opinion of the City Inspector that does not meet the City requirements or has not had proper City inspection, shall be corrected.  The Inspector shall notify the contractor and subdivider in writing, of the reasons for requiring the contractor to cease all operations until the defect has been corrected in order to comply with City requirements and receive proper inspection. 

Section 204          Final Plans

Upon the completion of construction of any such utility or improvement, one set of plans on record and complete final plans, dated, signed and certified by the engineer in charge shall be filed with the the City in digital format on Compact Disc showing all features as actually installed, including materials, size, location, depth of elevation, numbers, end of lines, connections, wyes, valves, storm sewer drains, inlets, and any other pertinent items. The City shall not accept such utilities until the foregoing has been submitted to, and approved by the City Engineer.

Section 205          Guarantee of Performance

No Plat of any subdivision shall be recorded unless the subdivider has complied or provided for compliance with the policies and procedures set forth in this Ordinance. Until such policies and procedures have been complied with by the subdivider and the plat approved by the City Planning and Zoning Commission as herein required, no building, water, sewer, plumbing, electrical, or any other public utility service permit shall be issued by the City Council for any property in the subdivision.

Section 206          Performance Bond

Prior to the recordation of any approved subdivision plat, the subdivider must file with the City Secretary a bond executed by a surety company, holding a license to do business in the State of Texas, in an amount equal to the estimate cost of constructing the required improvements, as approved by the City Engineer, guaranteeing to the City that all such improvements shall be constructed and completed in a satisfactory manner and within a period of two years from the date of plat approval. Said cost estimate shall include an escalator clause equal to the percent change according to a locally recognized construction cost index for the preceding calendar quarter. Said bond shall be approved by the City Attorney and shall be made payable to and enforceable by the City. Upon substantial compliance and acceptance of all improvements by the City Engineer, the bond may be released in writing by the City Secretary and may be returned to the developer.

Section 207          Maintenance Bond

Where public infrastructure improvements have been installed prior to recording of the plat, the property owner shall submit a maintenance bond from each contractor, three (3) sealed sets of “as built” plans or record drawings, one (1) sealed set of “as built” mylars, and one (1) CD containing a digital copy of all plans (in a format as determined by the City Engineer together with a letter stating the contractors' compliance in accordance with this Ordinance, and bearing sealed certification by the design engineer that all public improvements have been constructed in compliance with all City construction standards.  The property owner also shall submit copies of the approved Final Plat with any required revisions on mylars and in the format and number required by the City Engineer, together with all certifications required.

Section 208          Where Bond not Prerequisite to Approval

The filing of a performance bond shal1 not be a condition precedent to the approval of a plat where the subdivider, prior to the last regular meeting of the City Planning and Zoning Commission and before the expiration of thirty (30) days from the date the plat was filed for approval, has signed and filed with the City Planning and Zoning Commission a performance agreement in substantially the following form:

I,_______________, do hereby agree that, if the proposed plat__________ , filed by me for approval on the _____ day of _______ , is approved by the City Planning and Zoning Commission of Martindale, Texas, the City Secretary of said City may retain said plat in his/her possession, without recording same, until I have either constructed all site improvements required under the provisions of the City of Martindale Subdivision Ordinance, other than gas and electric lines, or have filed with the City a bond in an amount equal to the cost of all incompleted improvements as approved by the City Engineer, guaranteeing that all such completed improvements will be Constructed within two (2) years from the date of such bond.

Section 209          Acceptance by City

a.    All work performed in construction, reconstruction, cutting and repairing of streets, storm sewer and other public improvements shall be subject to the approval of the City Engineer, whose decision shall be final.

b.    The City shall not release the obligations of any financial assurance, including performance bonds, until the improvements have been approved and accepted by the City.  The Developer is strongly urged to withhold final payment to the Contractor until such acceptance occurs, since the City shall hold the Developer responsible for completion of the project.  The City shall not approve or arbitrate quantities for which payment is to be based.

c.    Acceptance by the City shall be in the form of a letter from the City Engineer or other authorized City Official to the Subdivider stating that inspections were conducted as the facilities were completed in accordance with specifications and standards provided for herein or approved by the City Council at the time the final plat was approved for said subdivision. The developer shall instruct his engineer to prepare one set of reproducible prints (mylars) marked “As-Built” and dated the final date of acceptance.  The construction plans shall note as-built conditions and shall be accompanied by a letter under the seal of the developer’s registered professional engineer that the drawings are an accurate record of constructed items built in place.

Section 210          Issuance of Building Permits

No building permit, water, sewer, plumbing or electrical permit or service shall be issued or allowed to a subdivider, owner, or any other person with respect to any property in any subdivision covered by this Ordinance until such time as all of the applicable requirements of the Ordinance have been satisfactorily completed and the construction accepted by the City.

Section 211          Deferral Or Waiver of Required Improvements

a.    The City Council may defer, reduce, or waive at the time of plat approval, subject to appropriate conditions, the provision of any or all such improvements as, in its judgment, are not necessarily in the interest of the public health, safety, and general welfare.

b.    Whenever it is deemed necessary by the City Council to defer the construction of any improvements required herein because of incompatible grades, future planning, inadequate or lack of connecting facilities, or for other reasons, the subdivider shall pay his share of the costs of the future improvements prior to approval and according of the final plat.  In lieu of a cash payment, the subdivider may use one of the other improvement guarantees set forth in this ordinance. 

Section 212          General Construction Requirements

Prior to initiating any construction work, the contractor and all subcontractors shall conduct a preconstruction conference with the City, City Engineer, City Inspector, and all affected franchised utilities.  Prior to the preconstruction Conference, the contractor shall provide a proposed construction sequence and schedule and a traffic safety plan, if required, for review and approval by the City Engineer.  As a general rule, the following construction sequence shall be employed:

Step 1. Install temporary erosion/sedimentation controls

Step 2. Rough cut streets

Step 3. Install utilities

Step 4. Final grading

Step 5. Paving

Step 6. Hydromulch, final clean-up.

Section 213          Ownership And Maintenance of Completed Public Facilities

Upon acceptance of completed construction, all street improvements including construction of streets, alleys, thoroughfares, curbs, gutters, sidewalks, storm sewers, and drainage channels within dedicated right-of-way and easements shall be and remain the property of the the City.  The Contractor shall be responsible for maintenance of the completed public improvement for a two (2) year period following acceptance by the City.  After expiration of the two year maintenance period, the improvements shall be maintained by the City.

Section 214          Monuments

Monuments as prescribed herein shall be placed at all corners within the subdivision. All block corners, angle points and points of curves, and all corners of boundary lines of the subdivision shall be marked with a minimum one-half-inch­diameter ferrous rod, a minimum of two feet in length, set in the center of a concrete monument, a minimum of six inches in diameter and 36 inches deep, with the top flush with the finished ground surface. Where, due to topographic conditions, permanent structures, or other conditions, the view is obstructed between any two adjacent monuments, intermediate monuments shall be so set as to assure a clear view between adjacent monuments. Intermediate markers and lot corners not otherwise marked shall be marked with a minimum one-half-inch-diameter ferrous rod and at least three feet in length, driven flush with the ground surface.

Sections  215-235. Reserved.

ARTICLE VIII.       FILING FEES

Section 236.         Schedule of fees.

All reasonable costs incurred by the City for professional review of concept plans, preliminary and final plats, as-built plats or plans, engineering and other certificates and for inspection of improvements shall be borne by the applicant and shall be payable to the City prior to final approval of the final plat. Such professional fees shall include, without limitation, civil engineering, land planning, traffic engineering, related legal fees and financial analysis in order to allow for proper evaluation of the application, plats and other requirements to achieve compliance with the terms of this ordinance. At or prior to the time of the initial conference referred to in Section 32, the applicant shall file a deposit in the amount of $1,000.00, as a deposit for the City’s cost of such services. The actual costs shall be determined prior to final approval of the final plat and either an additional amount shall be due from the applicant as a condition of final approval and delivery of a certificate of approval or reimbursement will be made to the applicant if the actual costs are less than the amount of the deposit. The applicant shall be provided a detailed list of actual costs at such time.

Sections. 237-240. Reserved.

ARTICLE IX.         MISCELLANEOUS PROVISIONS

Section 241    Authority of the City Engineer

The City is hereby authorized and directed in cooperation with appropriate City staff to promulgate rules, regulations, standards and specifications for the construction, installation, design, location and arrangement of streets, curbs, street lights, street signs, alleys, utility layouts, utility easements, gates for utility easements, sidewalks, water supply and water distribution systems, fire hydrants, sewage disposal systems, septic tanks, water wells, monuments, criteria for drainage easement requirements, drainage facilities, and cross walk ways to be subsequently approved by the Planning and Zoning Commission.  City staff shall recommend to the City Planning and Zoning Commission any changes to be made. No such rules, regulations, standards and specifications shall conflict with this or any other ordinance of the City of Martindale, Texas. All such improvements shall be constructed, installed, designed, located and arranged by the subdivider in accordance with such rules, regulations, standards and specifications.

Section 242  Appointment, term and qualifications of Planning and Zoning Commission

The Planning and Zoning Commission of the City shall consist of five (5) members to be elected by the City Council at the first Council meeting following the election and qualification of new council members following the City election, annually.   Each member of the Commission shall be a resident of the City.  The City Council shall designate a chairperson of the Commission.   The Planning and Zoning Commission shall perform all of the duties prescribed in this ordinance as well as the duties prescribed by the Zoning Ordinance of the City.   Any vacancy on the Commission shall be filled for the unexpired term by the City Council at the next regular meeting of the City Council after such vacancy occurs.   The members of the Commission shall serve without compensation.   In the event that no members have been appointed to the Commission by the City Council, the City Council shall serve as the Planning and Zoning Commission until such appointments have been made.

PASSED and APPROVED on this the __________ day of _______________________, 2008.

________________________________

Mayor

Attest:

__________________________

City Secretary

Approved as to Form:

_________________________

City Attorney