Ord 2118 9/28/1964 i f CC
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ORDINANCE NO
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COMPREHENSIVE SUBDIVISION ORDINANCE
DECLARATION OF THE POLICY AND THE RULES AND REGULATIONS GOVERNING
THE PLATTING AND SUBDIVIDING OF LAND IN AND ADJACENT TO THE CITY
OF WICHITA FALLS, TEXAS.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS,
TEXAS:
Section 1. Authority. The provisions of Chapter 231, Acts of the 40th
Legislature, Regular Session, 1927, as heretofore or hereafter amended
(compiled as Article 974a, V.T.C.S.) and the provisions of Section 4
of the Municipal Annexation Act as heretofore or, hereafter amended
(compiled as Article 970a, V.T.C.S.) ' are. hereby adopted. This ordinance
is adopted pursuant to the provisions of the charter of the City.
Section 2. Purpose. The purpose of this ordinance is to provide for
the orderly, safe and healthful development of the area within the City
and within the extraterritorial jurisdiction of the City as described in
Article 970a, V.T.C.S. , and to promote the health, safety and general
welfare of the community.
Section 3. Definitions. For the purpose of this ordinance, the following
terms, phrases, words and their derivations shall have the meaning as-
cribed to them in this section:
A. Alley. An "alley" is a minor public right of way, not
intended to provide the primary means of access to abutting lots, which .
is used primarily for vehicular service access to the back or sides of
properties otherwise abutting on, a public street.
B. Building setback line. The "building setback line". is the
line within a property defining the minimum horizontal distance between
a building and the adjacent street line.
C. Board. The "Board" is the Planning Board of the City of
Wichita Falls, Texas.
D. Cul-de-sac. A "cul-de-sac" is a minor street having but one
vehicular access to another street and terminated by a vehicular turn-
around.
E. Dead-end street. A "dead-end ,street" is a street, other than
a cul-de-sac, with only one outlet.
F. Utility easement. "Utility easement" is an interest in land
granted to the City for installing and maintaining utilities, across,
over or under private land together with the right to enter thereon, with
machinery and other vehicles necessary for the maintenance of said
utilities.
G. Lot. A "lot" is an undivided tract or parcel of land having
frontage on a public street and which is, or in the future may be,
. offered for sale, conveyance, transfer or improvement; which is desig-
nated as a distinct and separate tract; and which is identified by. a
tract or lot number or symbol in' a duly approved subdivision plat which
has been approved by the Planning Board and properly filed for record.
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H. Public right of way. A "public right of way" is a strip
of land used, or intended to be used, wholly or .in part, as . a public
street, alley, walkway or drain.
I Pavement width. The "pavement width" is the portion of a
street available for vehicular traffic; where curbs are laid, it is the
portion between the face of curbs.
J. Streets A "street" is a public right of way which provides
' vehicular access to adjacent land, whether designated as a street,
highway, thoroughfare, parkway, throughway, avenue, land, boulevard,
• road, place, drive, expressway, freeway, or however otherwise designated.
(1) An "arterial street" is one used primarily to provide
circulation to various sections of the City.
(2) A' "collector street" is one used primarily to provide
circulation within the neighborhood, to carry traffic from
minor streets to arterial streets or to carry traffic through
or adjacent to commercial, industrial or high population
density areas such as large apartment developments.
A "marginal access street" is :a minor street which is •
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arallel and adjacent to an arterial street, _and which is used
I primarily to provide access to abutting properties and protec-
tion from through traffic.
(4) A "residential street" is one used primarily for access
to abutting residential property. •
K. Subdivider. A "subdivider" is any person or any agent thereof,
dividing or proposing to divide land so as to constitute a subdivision
as that term is defined herein. In any event, the term
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.
L. Subdivision. A "subdivision" is the division. of any tract
of land situated within the corporate limits, or within five (5) miles
of such limits, in two or more parts for the purpose of laying out any
subdivision of any tract of land or any addition to any town or city,
or for ,laying
out suburban lots or building lots, or any lots, and
streets, alleys or parks or other portions intended for public use or
the use of purchasers or owners of lots fronting thereon or adjacent
thereto. Subdivision includes re-subdivision, but it does not include
the division of land for agricultural purposes in parcels or tracts of
five acres or more and not involving any new street, alley or easement
of access. ," .
N. Shall, May.,
The word "shall is always mandatory. The word
a "may" is merely directory.
N. Preliminary Plat. A "preliminary plat" is a tentative
drawing made by a licensed surveyor or registered engineer for inspection ._`
purposes only, showing the entire tract of
land sought to be subdivided, .
accurately describing all of said subdivision or addition by metes and ,
bounds, locating the same with respect, to an original corner of the
j original survey of which it is a part and' giving' the dimensions thereof
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of said subdivision or addition, and dimensions of all streets, alleys,
squares, parks or other portions of same intended to be dedicated to' -
public use, or for the use 'of purchasers or owners of lots fronting
thereon or adjacent thereto.
0. Master Plat. A "master plat" is a properly prepared pre--. .
liminary plat which is used or proposed to be used as an overall guide
for the submission of portions of the plat for final plat approval at
various times. •
P. Final Plat. A "final plat" is a plat prepared by a licensed
surveyor or registered engineer and submitted to the Board for final
approval which is duly acknowledged by the owners or proprietors of the
land, or by some duly authorized agent of such owners or proprietors, in
the manner required for • the acknowledgment of deeds and which. is to be
filed for record in the office Of .the County Clerk of the county or
counties in which the land lies.
Q. Plat. A "plat" shall refer to. both preliminary and final
plats and shall be determined by the section in which it appears.
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R. Engineer. An "engineer" is a person duly authorized under
the provisions of the Texas Engineering Registration Act, as heretofore
or hereafter amended, to practice the profession of engineering.
S. Surveyor. A "surveyor" is a person duly authorized under
the provisions of the Texas Registered Public Surveyors Act, as hereto-.
,*. fore or hereafter amended, to practice the profession of Public Sur-
veying.
T. City. "City" is the City of Wichita Falls, Texas.
U. City Council. "City Council" is the Board of Aldermen of
the City of. Wichita Falls, Texas. •
V. Master Plan. "Master plan" is a comprehensive plan of the
City adopted by the Board of Aldermen of the' City of Wichita Falls, Texas,
W. Person. A "person" is any individual, association, firm or
corporation.
X. Border Lines . "Border lines" are water or sewer lines which
abut one or more sides of a subdivision, 'but which serve other land as
well as the land in such subdivision.
Y. .On-site Lines "On-site lines" are water or sewer lines
within a subdivision, or water .or sewer lines abutting one or more sides
of a subdivision which serve only land in such subdivision.
Z. Any office referred to in this ordinance by title means the
person retained by the city in that po.ition or his duly authorized
representative.
AA. Definitions not expressly prescribed herein are to be con-
strued in accordance with customary usage in municipal planning and engi-
neering practices.
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Section 4. Variances. The Board may authorize a variance from these
regulations when, in its opinion, undue hardship will result from re-
quiring strict compliance. In granting a variance, the Board shall
prescribe only conditions that it deems necessary or desirable to the
public interest. In making the findings hereinbelow required, .the_
commission shall take into account the nature of the proposed use of the
land involved, existing uses of land in the vicinity, the number of per-
sons who will reside or work in the proposed subdivision, and the pro-
bable effect of such variance upon traffic conditions and upon the pub-
tic health, safety, convenience and welfare in the vicinity. No variance
shall be granted unless the Board finds:
A. 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.
B. That the variance is necessary for the preservation and
enjoyment of a substantial property right of the applicant.
C. That the granting of the variance will not be detrimental to
the public health, safety or welfare or injurious to other property in
the area.
D. That the granting of the variance will not have the effect
of preventing the orderly subdivision of other land in the area in
accordance with the provisions of this ordinance. Such findings of
the board, together with the specific facts upon which such findings
are based, shall be incorporated into the. official minutes of the Board
meeting at which such variance is granted. Variances may be granted
only when in harmony with the general purpose and intent of this ofdi-
nance so that the public health, safety and welfare may be. secured and
substantial justice done. Pecuniary hardship to the subdivider, standing
alone, shall not be deemed to constitute undue hardship.
Section 5. Preliminary Conference. Prior to the official filing of a
preliminary plat, the subdivider may consult with and present a proposed
plan of subdivision to the City Planner for comments and advice on the
• procedures, specifications and standards required b.y the City. for the
subdivision of land. •
Section 6. Preliminary Plat and Accompanying Data.
A. General. Whenever a subdivider desires to make a subdivision,
he ,shall cause to be prepared a preliminary plat by a surveyor or engi-
neer in accordance with this ordinance.
B. Time for Filing and Copies Required. The subdivider, his
engineer or surveyor, shall file nine (9) blue or black line copies of
t with a reproducible sepia with the City Planner, at
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the plat, together least nine (9) days prior to date that formal app lication for the preli-
minary plat approval is made to the Planning Board.
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C. Form and Content. The plat shall be drawn on sheets 11" x
18" or 22" x 36" , with a minimum 3/4" binding margi on sidebof
the sheet and 1/4" margins on the other three si res p
drawn to a scale of one hunared ' (100)
feet to the one '(1) inch. When
more than one sheet is necessary to accommodate a the entireaarea cafe shall
index sheet showing the entire subdivision at
be attached to the plat. The plat shall show the following:
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(1) Names and addresses and phone numbers of the subdividers,
record owner, engineer and surveyor.
(2) Proposed name of the subdivision. which shall not have the
same spelling as or be pronounced similar to the name of any other re-
corded subdivision located within the City or within five (5) miles of
the City. The name shall appear at the top of the drawing and shall be
the largest lettering of the plat.
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(3) Names of adjacent subdivisions and the owners of adjoining
parcels of unsubdivided land, and an indication of whether or not adja-
cent properties are platted.
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(4) Legal description of the subdivision by metes and bounds.
(5) Primary control points or descriptions and ties to such
control points to which all dimensions,' angles, bearings, block numbers
and similar data .shall be referred.
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(6) Subdivision boundary lines indicated by ,heavy lines and
the computed acreage.
(7) . Existing sites as follows: .
(a) The location, dimensions, name, description, and purpose
of all existing or recorded streets, alleys, reservations, easements or !
other rights of way within the subdivision, intersecting or adjacent to
its boundary or forming such boundary. Areas previously dedicated and
shown. on the plat shall have a statement shown in the affected area
stating that it has. been previously dedicated.
(b) The location, dimensions; description, name and pur-
pose of all existing or recorded residential lots, parks, public areas,
permanent structures and other sites within or adjacent to the subdivi- '
lion.
(c) The location, dimensions', description, and flow line of
existing water courses and drainage structures within the subdivision or
on adjoining tracts. ,
(d) All existing features shall be shown by dotted lines.
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(8) The location, dimensions, description, and name of all pro-
posed streets, alleys, drainage structures, parks, other public areas,
reservations, easements or other rights of way, residential lots and
other sites and all rights of way and other public areas dedicated
shall state within that area that the property .is ."herein dedicated
(9) Date of preparation, scale `of plat, and north arrow.
(10) Topographical information shall include contour lines on
two (2) vertical feet intervals.
(11) A number to identify each lot or site. Block. numbers may
be
used
but continuous lot numbering through an addition is more desi-
rable.
(12) Front building setback lines on all lots and sites. Side
yard building. setback lines at street intersections.
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(13) Location of city limits line and the outer border of the
City' s extraterritorial jurisdiction if they traverse the subdivision,
from part of the boundary of the subdivision or are adjacent to such
boundary.
D. Processing of Preliminary Plat.
(1) The City Planner shall check the preliminary plat as to its
conformity with the master plan, major street plan, land use plan, and
the standards and specifications set forth herein or referred to herein.
(2) Pertinent copies of the plat shall be submitted-to various
City departments for a check of the same for conformity with the standards
and specifications contained or referred to herein.
(3) The various departments shall return comments to the City
Planner with their recommendations and/or requirements as to modifica-
tions, additions or alterations of such plat, if any.
(4) City Staff recommendations;will .be presented to the Board
for their review and consideration at the meeting.
(5) The Board shall determine whether the lands are suitable
for platting. The services of any department of the City may be utilized
to this end. Land subject to flood or deemed to be topographically
unsuitable because of relief, drainage, soil character or other condi-
tions shall not be platted for any use which may increase the danger to
health, life or property or aggravate erosion or flood hazard.
(6) Within thirty (30) days after the preliminary plat is for-
mally filed, the Board shall conditionally approve or disapprove such
plat or conditionally approve it with modifications. If it is condi-
tionally disapproved or conditionally approved with modifications, the
Board shall inform the subdivider of the reasons within ten (10) days of
the time such action is taken.
(7) Approval or conditional approval of a preliminary plat by
the Board shall be deemed an expression of approval of the layout sub-
mitted on the preliminary plat as a guide to the installation of streets,
water, sewer and other required improvements and utilities and to the
preparation of the final or record plat. Approval, or conditional approval
of a preliminary plat shall not constitute automatic approval of the final
plat.
(8) Approval or conditional approval of a preliminary plat
shall be effective for one year unless reviewed by the Board in the
light of new or significant information which would necessitate 'a revi-
sion of the preliminary- plat.
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(9) ; If no development has occurred which would affect the
proposed plat, at the end of the year of effective approval, the Board
may, upon application of the subdivider, extend the approval another
• year without' the submission of a new preliminary plat by voting an
approval of the original preliminary plat.
Section 7 . Final Plat.
A. The final plat and accompanying data shall conform to the
preliminary plat approved or conditionally approved, incorporating all
changes, modifications, alterations, , corrections and conditions imposed
by the Board.
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B. The final plat shall be in the same number and contain all '
of the features required for preliminary plats in Section 6 above, and
it shall be accompanied, by the following improvement data bearing the
seal of an engineer. - •
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(1) Sanitary Sewers.
. • Three copies of the proposed plat showing appropriate con-
tours and the proposed location and size. of existing sanitary
sewer lines.
• (2) Water.
Three copies of the proposed plat showing the location and size
of existing and location of proposed water line and fire
• hydrants
(3) : Storm Drainage®
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• (a) Three copies of the proposed plat with appropriate
contours. All street. widths and grades shall be indicated on
the plat and runoff. figures shall be indicated on. the outlet
and inlet side of all drainage ditches and storm sewers
and at all points in the street at. changes of grade or where
the water enters another street or storm sewer or drainage
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ditch. Drainage .easements shall be indicated.
(b) Calculations showing the anticipated storm water flow
including watershed area, per cent runoff and time of concentra
tion. When. a drainage ditch or storm sewer is proposed, all
calculations shall be submitted showing basis for design, •
which shall conform'to the City's Mater: Drainage Plan a
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• C. The final plat and the accompanying site improvement data
shall be approved by the . Director of Public Works.
D. zn addition to the various requirements for the preliminary
plat, the final plat shall also include the following.
(1) The exact location, dimensions, name, description, and
purpose of all existing or recorded streets, alleys, reservations, ease-
ments or other rights of way within the subdivision, intersecting or •
adjacent to its boundary or forming such boundary, with accurate dimen-
sions, bearing or deflecting angles and radii, area, and central angle,
degree of curvature, tangent distance and length of all curves where
appropriate. . Areas previously dedicated and shown on the plat shall
have a statement shown in the affected area stating that it has pre-
viously been dedicated.
(2) The exact location, dimensions, description, name and .
purpose of all proposed streets, alleys, drainage structures, parks,
other public areas, reservations, easements or other rights of way,
residential lots, and. other sites, with accurate dimensions, bearing or
deflecting angles. These areas dedicated for public use shall-state
that they are "herein dedicated" within the area affected. .
E. The final plat shall also include the following:
(1) Owner' s acknowledgment:
State of •Texas
County of
The owner of land shown on this plat and whose name is
subscribed hereto, and in person or through a duly auth- '
orized agent hereby dedicates to the use of the public
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forever all streets, alleys, parks, water courses, drains,
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easements and public places thereon shown for the purpose
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and consideration .therein expressed.
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Owner
tats of Texas.
County of
Before me, the undersigned authority, on this day personally
appeared mown to me to be
the person whose .name is subscribed to the foregoing instru-
ment, and acknowledged to me that he executed the same for
the purposes and considerations therein expressed and in the
capacity therein stated.
Given under my hand and seal of office this day of
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Notary Public, County, Texas
(2) Certificate by Director of Public Works:
The Director of Public Works of the City of Wichita Falls,
Texas, hereby certifies that this subdivision plat conforms
to all requirements of the subdivision regulations as to
which his approval is required.
Director of Public Works
(3) Approval of the Planning Board of the City:
This plat has been submitted to
and considered by the Planning Board of the City of Wichita
Falls, Texas, and is hereby approved by such Board.
Dated this . day of , l9
gy Chairman
By: Secretary
(4) Surveyor' s Certification:
I hereby certify that this plat has been prepared from an
actual and accurate field survey of the land under my
personal supervision on (Date) ; and that all
information shown is true and correct; and that all monu-
ments shown thereon were properly placed under my personal
supervision, in accordance with the Subdivision Regulations
of the City of Wichita Falls, Texas.
Surveyor
(5) A certificate from the City tax collector and from the
proper official of all other taxing authorities within whose jurisdiction
the proposed subdivision lies to the effect that all ad valorem taxes
have been paid on the land included•within the subdivision.
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F. , If desired by the subdivider, the final plat may constitute
only that portion of the approved preliminary plat which he proposes to
record and develop. However, such portion shall conform to all of the
requirements of this ordinance.
G. As soon as practical after the subdivider is notified of
the approval of the preliminary plat, his engineer or surveyor shall
submit to the Board at an official meeting the final plat of the sub-
division or portion thereof.
H. No final plat will be considered unless a preliminary plat
has been submitted, except, however, if an approved plat has been duly
recorded and the subdivider wishes to increase the size of the lots by
combining two or more lots or combining one lot with a portion of the
adjacent lot in such manner that no portion of a lot remains smaller than
the original lots, this preliminary revision shall be deemed as auto-
matically approved and no preliminary plat will be necessary.
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I. . A final plat of an approved preliminary plat or a portion
. thereof shall be submitted to the Board within a, year of the' date of
approval of preliminary plat, otherwise the approval of the Board shall_
become null and void unless an extension of time is applied for and
granted by the Board,
J. All approved plats shall be filed for record by the subdivider
or his representatives within thirty (30) days of the date of final
approval of- the plat, thereafter; the Board may at any time . cancel such
approval. • Reapproval will only be necessary when the Board has
withdrawn its approval or. changes have been made in the plat.
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K. No changes, erasures, modifications or revisions shall be
made in any final plat of a subdivision •after approval has been given by
the Board and, endorsed' on the plat in writing, unless said change, revi-
sion or modification• is first submitted to and approved by the Board.
Section 8. . Construction.
A. Staking for the proposed street construction will be done by
the Engineering Division of the: Public Works Department. Upon notice
from the developer of an intent to commence construction, the alignment
and subgrade cut stakes will be lain out. Upon completion of the
installation of all utilities and a statement from each utility concerned
that utilities have been installed in accordance with this ordinance, -
then the Engineering Division will provide final construction stakes for
completion of street and alley paving.
Upon completion of the street and alley improvements, the City
Engineer will, inspect-the finished work and provide the developer with ,
a letter of'' approval. The date for commencement of a. one year mainten
ance period for all street construction, will begin- ,at such time as a
letter of approval is issued. •
. B. No certificate of occupancy will be issued until all utility
' installations and street construction have been completed. •
_ Section 9. Standardsand Specifications® No preliminary or final plat
.shall be approved .by the Board and no completed site improvements shall
be accepted by the Director of Public Works unless they conform°to the
following standards and specifications. •
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A. General
(1) Conformity with master plan. The subdivision shall
conform to the master plan and the parts thereof.
(2) Provision for future subdivisions. If . a tract is
subdivided into parcels larger than ordinary building lots, such
parcels shall be arranged to allow the opening of future streets
and logical future subdivision.
(3) Reserve strips prohibited. '. There shall be no reserve
strips controlling access to land dedicated or intended to be
• dedicated to public use.
(4) Suitable building sites. Every lot must contain a .
suitable building site. •
(5) Suitability of land use® hand shall be -suited to the
purpose for which it is to be used.
B. Streets •
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(1) Street layout. Adequate streets shall be provided by
the subdivider, the arrangement; character, extent, width, grade
and location of which shall conform to the master plan and
shall be considered in their relation to existing and planned
streets, to topographical conditions, to public 'safety. and
convenience, and in their appropriate relation, to the proposed,
uses of the land to be served by such streets. The street lay-
out shall be devised for the most advantageous development of
the entire neighborhood 'development.
(2) Relation to adjoining street system. . Where necessary
to the neighborhood pattern, existing principal streets in ad-
joining areas shall be continued and shall be at least- as wide
as such existing streets and in alignment therewith. .
(3) Projection of streets, Where adjoining areas are not
subdivided the arrangement of streets in the subdivision .shall
. make provision for the proper projection of 'streets into, such
unsubdivided areas.
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(4) . Street jogs Street jogs, with center line off-sets of
less than one hundred twenty-five (125) ;feet shall be avoided.
(5) . Half Streets or adjacent streets. In the case of
minor or marginal access streets, no.. new half-streets shall. be
platted.
(6) Street intersections. Street intersections shall be as
nearly at right angles as practicable, , giving due. regard to
terrain and topography.
(7) Dead-end streets . Dead-end streets shall. be prohibited
except as short stubs to permit future expansion.
(8) Cul-de-sacs. In general, cul-de-sacs shall not exceed
six hundred (600).: feet in length- and shall have a turn-around of
not less than one hundred (100) feet in diameter in residential
areas and not less than two hundred (200) feet in diameter in
commercial and industrial areas.
(9) Marginal access streets ; Where 'a subdivision has
frontage on an arterial street there shall be provided a mar-
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ginal access, street on both sides or on the subdivision, unless
the adjacent lots back up to the arterial street, or unless the
Board determines that such marginal access streets are not desir-
able under the facts of a particular case for adequate protec-
tion of lots and separation of through and local traffic.
' (10) Streets on Master Plan. Where a subdivision embraces '
a street, as shown on the Master Plan, such street shall be
platted in the location and of the width indicated by the Master
Plan.
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(11) Minor Streets. Minor streets shall be laid out, so as .
to discourage their use by through traffic.
(12) Pavement. widths and right of way of interior streets ,
shall be as follows
(a) Arterial streets shall have a. right of way width of at
least one hundred (100) feet, with a pavement width of at '
least forty-eight (48) feet, or as otherwise` required by
the Commission.
(b) Collector streets shall have a right of way of at 'least
sixty-eight (88) feet and a pavement width of at least forty-
eight (48) feet.
(c) Minor streets shall have a right of way width of at
least fifty (50) feet and a pavement width of at least
thirty (30) feet.
(d) Non-residential marginal access streets shall have a
right of way width of at least fifty-five (55) feet and a
pavement width of at least forty-four (44) feet, unless
otherwise approved by the Board.
(e) Residential marginal access streets shall have a right of
way width at least forty (40) feet and a pavement width of at
least thirty (30) feet.
(13) Pavement widths and right of way of streets forming
part of the boundary of the subdivision (Adjacent) shall be as
follows:
(a) The subdivider shall dedicate a right of way of fifty
(50) feet in width for new, adjacent arterial streets, and he
shall pave thirty-three (33) feet of such right of way.
(b) New adjacent collector, minor or marginal access streets
shall conform to Subdivision (12) of this Subsection.
(c) Where the proposed subdivision abuts upon an existing
street or half street that does not conform to Subdivision
(12) of this Subsection, the subdivider shall dedicate right
of way sufficient to make the full right of way width conform
to such Subdivision, and he shall pave so much of such right
of way as to make -the full pavement width comply with such
Subdivision. Before pavement is laid to widen existing
pavement, the existing pavement shall be cut back two (2)
feet to insure an adequate sub-base and pavement joint.
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(14) Curbs. Curbs shall be installed by the subdivider
on both sides of all interior streets and on the subdivision
side of all streets forming part of the boundary of the
subdivision.
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(15) Street names. Names of new streets shall not duplicate
or cause confusion with the names of existing streets, unless the
. new street is a continuation of or is , in alignment with, an
. existing street, in which case the name of the existing street
shall be used.
(16) Street signs. All necessary street signs including
street name signs . and regulatory signs, shall be installed by
the City at all intersections within or abutting the subdivision.
Such signs shall be of the standard type used by the City and
shall be installed in accordance with standards of the City.
• No signs will be placed by the City in undeveloped portions of
the subdivision.
C. Alleys . •
(1) Width and paving. Alleys of not less than 25 feet in
right of way width and 20 feet in pavement width shall be installed
• by the subdivider in all business and industrial. areas. In resi-
dential areas-, alleys not less than twenty (20) feet in right of
way width, with a paved surface of not less than twelve (12) feet
in width, shall be installed by the subdivider. All alley
paving shall be done in, accordance with City .Standards. Alleys
shall be approximately parallel to the frontage of the street.
(2) Intersecting alleys or utility easements. Where two
alleys or utility easements intersect, or . turn .at a right angle,
a cutoff of not less than ten (10) feet 'from the normal inter_
section of the property or easement line shall be provided along
each property or easement line.
(3) Dead-end alleys Dead-end alleys shall not be per-
. • mitted.
(4) _Alleys which do not connect on a straight course.
If the alleys are not themselves straight within each block,
or if the same do not connect on a straight course with the alleys
or adjoining blocks, then an easement shall be provided for the
placing ,of guy wires on lot division lines in order to support
poles set on curving or deviating right 'of way of alleys.
D. Utility easements. •
(1) Where it is . impractical to place an alley as provided
or .in Subsection C of this Section, each block shall have a
utility easement at the 'rear of all lots reserved for the use
of all public utility lines, conduits and equipment. These uti-
lity easements shall be 15 feet in width, taking 7 . 5 feet from
each lot where the rear of two lots abut each other, and shall
be continuous for the entire length of the block. These ease-
ments shall parallel as closely as possible the street line
frontage of the block. The easement shall not be considered
as part of the lot area for purposes- of the minimum lot size
requirements of this ordinance.
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(2) Maintenance of the easement shall be the responsibility
of the owner of the land upon which. it is located. It shall be
the duty of the property owner to keep the area across, over or
under this easement clear of any structure, debris, vegetation,
trees, Shrubs or landscaping whatsoever except that lawn grass
which shall be regularly mowed and controlled may be grown thereon.
The owner of the property upon which the utility easement is
located may fence across the easement provided however, in such
case the owner shall provide gates along the side lot lines for
access to such easement.
(3) Normal curb exposure shall be required where utility
easements intersect streets.
(4) Where utility easements are not themselves straight
within each block, or if the same do not connect on a straight
course with the utility easements of adjoining blocks, then an
additional easement shall be provided for the placing of guy
wires on lot division lines in order to support poles set on
• curving or deviating rights of way or alleys.
E. . Sidewalks. Sidewalks shall be installed in accordance with
the provisions of Ordinance No. 1987.
F. . Water.
(1) Water supply and distribution. All subdivisions shall
be provided by the subdivider with water supply and water distri-
- bution systems approved by the . City Water Department.
(2) Fire hydrants. Fire hydrants in accordance with City
standards shall be installed as part of the water distribution
. system by the subdivider so that every lot is within five hun-
dred (500) feet of a fire hydrant or as approved by the Texas
Insurance Commission.
G. . Sewers .
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(1) All subdivisions shall be provided by the subdivider •
with an approved sewage disposal system.
(2) Connection with the sanitary sewer system shall be
required except where the Director 'of Public Utilities deter-
mines that such connection will require unreasonable expenditure
when compared with other met-hods of sewage disposal. Where
septic tanks are installed, it will be necessary to request
the Health Department to conduct the necessary percolation tests .
to determine the adequacy of the soil. The design for the
system will be in accordance with the State Health Department
requirements. If the subdivider proposes to install a sanitary
sewer .disposal system, the plans' for such a system must be
• approved by the State Health Department prior .to approval of the
final plat by the Board. •
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H. Utility lines. All utility lines that pass under a street
or alley shall be installed before the street or alley is paved. When
it is necessary that utility lines pass under the street or alley pave
rted to a point at least three (3) feet beyond
menu, they shall be installed p
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the edge of the pavement. All necessary utilities shall be installed
before building permits and/or certificates of occupancy are issued for
work within the subdivision.
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I. Traverse Closure and Monuments . All perimeter surveys of
the final plat of the area to be subdivided shall have a maximum error
of closure of not more than 1:5000 and an angular error not exceeding 15
seconds per instrument station.
Monuments shall be set and located at each corner of the area
to be subdivided-. A permanent marker of at least 1/2 inch diameter shall
be used to delineate all points of curvature and block corners throughout
the subdivision®
J. Drainage.
(l) Easement. Where a subdivision' is traversed by a water - .
course, drainage way, natural- channel or stream, there shall be
provided an easement or right: of way conforming substantially
to the limit of such .water course, plus additional width to
accommodate future needs.
(2) Drainage faCilities. Drainage facilities shall be pro-
vided and constructed by the subdivider as specified by the
Director of Public Wbrks.
K. Blocks, Block lengths shall not exceed eighteen hundred
(1, 800) feet, or be less than six hundred (600) feet, except where the
Board finds specific conditions to exist making strict compliance
. unnecessary.
L. Lots. •
(1) Sewered ' lots. Where off-lot sewage is provided, each
residential lot shall have an area of at least seven thousand
two hundred (7, 200) square feet, shall be at least one hundred
and twenty (120) feet deep and shall be at least sixty (60)
feet wide. in case of irregularly shaped lots, the minimum
width shall be forty (40) feet measured at the front building
. line.
(2) Unsawered lots. Where off-lot sewage is not required
and is not provided, residential lots shall have an area of at
least nine thousand (9, 000) square feet, shall be at least one
hundred and twenty (120) feet deep and shall be at least sixty
(60) feet wide. Where, as the result of the percolation test
• prescribed in Subsection G of this Section, the Director of
Public Utilities deems the minimum lot area insufficient, the
Commi"ssion: Shail require additional lot area sufficient to acco-
mmodate the sanitary facilities deemed necessary by the Direc-
tor of Public Utilities.
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• (3) Corner lots. Corner lots shall be at least ten feet
(10 ' ) wider than the minimum interior lot.
(4) Frontage. Each lot Shall front upon a public street.
Lots of irregular shape Shall not be allowed unless they have
a street frontage of at least thirty (30) feet and a minimum
width of sixty (60) feet, measured at the mid-point of the lot
depth.
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5) Side lot lines . Side lot lines shall be substantially
at right angles to straight street lines and radial to curved
street lines.•
•• (6 ) Minimum setback lines . Minimum front building setback
lines shall be required of at least twenty-five (25) feet. Where
a corner lot is a key lot, it shall have a minimum building set-
back line on the side street of at least fifteen (15) feet. .
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(7) Rear yards. Minimum rear yard depots shall be required
of at least twenty percent (20%) of the depth of the lot. How-
ever, the depth need not exceed thirty-five (35) feet from the
center line of the alley or rear utility easement.
(8) Side yard, Minimum side yards on each side of buildings
on interior lots and 'on the building side of corner lots shall be
5 feet.
(9) E1'rtr_a depth and width in certain cases. Where a lot in
a residential area backs up to a railroad right of way, a high
pressure gas line, oil or gasoline storage tanks,' an arterial
street, an industrial area or other land use which has a depre-
ciating effect or is hazardous to the residential use of property,
and where no marginal access street or other street is provided .
at the rear of such lot, additional lot depth shall be rewired
by the Board. In no case shall a depth in excess of one hundred
and fifty (150) feet be required. There a lot sides to any of
the above, additional . lot width shall be required by the Board,
but in no event shall a width in excess of one hundred (100)
feet be required.
M. Master Plat re auired. Where the proposed subdivision consti-
tutes
a unit of a larger tract owned by the subdivider which is intended
to be subsequently subdivided as additional units of the same subdivision,
the preliminary and final plats shall be accompanied by a layout of the_
entire area, showing the tentative proposed layout of streets, blocks,
drainage, water and sewage for such area The overall layout, if
approved by the Board, shall be attached to and filed with a copy of
the approved subdivision plat in the permanent files of the City Planner.
Thereafter, plats of subsequent units of such subdivision Shall conform
to such approved overall layout, unless changed by the subdivider after
first having obtained approval of the Board. Approval of the Board Shall
be based on an affirmative finding of one of the following:
(1) That adherence to the previously approved overall •
layout will hinder the orderly subdivision of other land in the
area in accordance with the provisions of this ordinance; or
• : (2) That adherence to the previously approved overall
layout will be detrimental to the public health, safety or
welfare, or will be injurious to other property in the area.
Section 10 . Resnonsibilit for •ayment of installation cost's .
A. The subdivider shall pay all design, engineering, material,
construction and installation costs of all improvements required by this
ordinance unless otherwise provided in this .Section
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B. In the event a subdivider desires the extension of water
or sewer lines to serve his subdivision, he shall bear the entire design,
engineering, material, construction and installation cost of all border,
off-site and on-site lines. Under Subsection D of Section 9, the
Director of Public Utilities shall. specify the size of all such lines,
taking into consideration the requirements of adjacent areas of future '
growth which must be served by such lines; The decision of the Director
of Public Utilities concerning the size of the required lines shall be
final.
Co The construction of water and sewer lines in accordance with
City plans and specifications will be done by a contractor of the sub
. dividers choice; provided, however, that such contractor shall furnish a
performance bond, executed by a corporate surety authorized to do business ,
in the State of Texas acceptable to the City and maintaining in Wichita
County an agent upon whom service of citation may be had, in an amount . •
equal to the total construction cost. Said bond shall be conditioned
upon (I) completion of the entire construction in full conformity with
the plans and specifications promulgated or approved by the Director or
Public Utilities, and (2) payment in full by the contractor of all claims
for labor performed, or materials furnished,. in connection with such
. construction. All such construction work shall be subject to inspection
by the Director of Public Utilities, and no portion of any line installed
in any excavation shall be covered unless and until the construction of
such portion shall have been inspected . and approved by the Director of
- • Public Utilities,
D. Should the Director of Public Utilities require the instal-
lation of water and sewer lines of a larger diameter than necessary to
provide adequate water or sewer service to the subdivider' s property,
the difference between the cost of such larger lines and size line
• required to serve the subdivision will be paid for by the City of Wichita
Falls. Such lines will be constructed under contract awarded by the
City, with a predetermined rate for the developer' s share of the cost of
the line to be deposited with the City prior to award of the contract.
The pro rata share of the cost shall include all material,
construction and installation costs for the size line adequate to serve •
the developer' s property.
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E. Where an existing water or sewer line lies within or abuts
the subdivision, the subdivider shall make no connections to or extension
of such existing line without first paying to the City the cost of the
size line of equal length to that portion of such existing line which
lies within or abuts the subdivision which would be required to serve
the subdivision. This cost shall be determined by the Director of Pub-
lic Utilities and his decision shall be final.'
2. All sewer and Water lines constructed or installed pursuant
to the provisions of this ordinance shall, when completed and accepted
by the Director of Public Utilities, become the property of the City,
free and clear of all encumbrances. Each and every contract entered into
between a subdivider and a contractor for the installation of sewer or
water lines pursuant to the provisions of this ordinance shall recite
therein the provisions of this Subsection.
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G. No sewer or water lines Shall be installed or constructed
except within a public street or all or within an easement granted
to the City by appropriate written instrument filed for record with the
County Clerk of Wichita County at the expense of the person reouesting
the extension of existing lines.
H. No lift .station, sanitary sewer siphon, or force main shall
be constructed as a part. Of the sewer line extension unless the subdivider
agrees that he will, at his own expense, construct such elements in accor-
dance with the design standards provided by the Director of Public
Utilities or in the case of lift stations a design using a dry and wet
well installation prepared by the subdividers engineer and approved by
the Director of Public Utilities, or a prefabricated installation of
similar design and considered equal by the Director of Public Utilities.
Developer shall also agree to pay to the City a lump sum in accordance
with the following, table to cover the operating and maintenance cost of
any such lift station for a period of five (5) years:'
Design Pump Motor Rating Total Operating & Maintenance Cost
0 H.P. $4,000 .00
3 - 7 . 5 H.P. • 4, 500 .00
7 .5 & up H.P. 5, 000.00
Should future extensions of sewer mains make the operation of such lift
stations unnecessary before the five years have terminated, then the
subdivider will be refunded a pro rata portion of the five year payment.
If at the end of the five years the necessary sewer main extensions to
eliminate the lift station are not made, the City will assume full main-
' tenance and operation of such station.
I . If the Board requires the installation of any street with
pavement over forty-eight (48) feet, the City shall award the contract
for construction and the developer shall deposit his share of the cost
of construction with the City prior to award of the contract. The
developer' s share of the cost will include curb and gutters and pavement
for a forty-eight (48) foot street.-
J. In no event shall the City be obligated to proceed under
the terms of this Section if sufficient funds are not available or if,
the Planning Board finds the extension not in the public interest.
Nothing in this ordinance shall be construed as a surrender by the City
of its control over the streets, alleys, public ways or public easements .
K. No person snail acquire any vested rights under the provisions
of this Section.
L. Withholding ImProvements Until Approved.
(I) The City shall withhold all City improvements of whatsoever
nature including the furnishing of sewage facilities and wate-r -se-rvice
from all subdivisions, which have not been approved as provided by law
and further, no permit shall be issued by the building inspector of the
City on any piece of property other than an original or a re -subdivided
lot in a duly approved and recorded subdivision, except the building
inspector may issue a permit on unplatted tracts of land if the owner
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_ of such property will sign an agreemen statng -h---,t he will -Forthwith
start proceedings to have such property approved and platted in accordance
. ' with these regulations, and further acknowedge his understanding that a . .
certificate of occupancy and compliance of all permanent connection for
public utilities Will be withheld until the platting of such property has
been so approved and recorded. Such recording shall take place within • .
one hundred (100) days from the building permit issuance date. The fol-
. • lowing is the procedure required for the owner of such property to follow
before entering into a platting agreement:
(a) Contact a licensed -land surveyor or registered professional engineer,
and cause a preliminary plat of the property to be prepared.
(b) Cause a reproducible sepia and nine. (9) copies of this preliminary
plat to be delivered to the Secretary of the Planning Commission for
circulation to various' City departments for their review and approval.
(c) Cause an Abstractor ' s or Lawyers Certificate of Ownership to be .'
prepared and furnished to the City Planner. ..
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(d) Cause a dedication instrument to be prepared covering the dedication
of property for public use, as determined by existing ordinances of
the City. All lienhbiders of record shall be required to subordinate
their lien on the property dedicated for public use. These instru-
ments shall be placed in the custody of the City Planner to be recorded
by said City Planner in the County Clerk's office of Wichita County, •
Texas , in the event that the person executing a platting agreement
fails to complete the platting process forthwith as agreed.
(2) The building ' inspector shall not issue a platting agreement until
he has received approval from the following departments: Planning, Engin-
- eering, Traffic, Water, Sewer, Park and Recreation. -
Section 11. Parks . .
• A. All subdividers shall be reauired to set aside land for park pur-
poses under conditions set out in Paragraph B of this section when the
Master Park Plan of the City of Wichita Falls shows a park is recuired
in the area to be subdivided and the subdivider shall show such land set
aside in compliance with this section on the master plat or preliminary
plat. All areas set aside for park purposes shall conform to the Master
Park Plan as to general location, area and type of development. The Parks
and Recreation Department should. be consulted when developing the master
plat so that few revisions will be necessary later.
B. The City shall be granted an option to purchase the land so set
aside for park purposes upon the following terms . If at the end of One
year from the date of approval by the Board of the master plat or prelimi-
nary plat if there is no master plat, the total area covered by said plat
has 'been at least 50% developed, then and in that event the City shall be
required to exercise its option within 30 days thereafter or release the
same to the subdivider with the purchase price to be computed as set out
in Paragraph O. if at the end of one year there has not been a 50% develop-
ment, then and in that event the option shall continue in full force and
effect until said total area has been at least 50% developed with the City
then required to exercise or release its option as set out above.
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C. The price to be paid by the City for the land set aside for park •
Purposes shall be based on the fair market value of the raw land as Of
the date the master Or preliminary plat is first filed with the Board,
plus the pro rata part of all development cost attributable to the . park
land so purchased, including abutting streets. and utilities necessary to
• serve the park land.
D. All subdividers shall also submit on the master plat an indicL_tion
showing how the park area is to be developed in the event the City is
unable to purchase the property or rejects et because of other reasons
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E. All' areas,reserved for park land shall conform to the City
of Wichita Falls Master Park Plan as to general location, area -and type
of development: The City shall have. the right to accept or reject park
land proposals as shown on the developers master plat, at such time as
the master plat is brought before the Board for approval, the one year-
-.- option period, which the City has to buy the land, shall: begin: with
the Planning Board' s approval of the developer' s master plat.
Section 12. •
The Planning Board will automatically postpone action on any pre-
liminary or final plat if not represented by the subdivider or an appointed
representative at the meeting for which. the plat is scheduled; except
that the subdivider may be excused if good reason for his absence is
given and accepted by the Chairman or' Secretary of the Planning Board. -
Section 13. Penal Provisions. If any individual (including any officer, : '
agent or employee acting in behalf of any individual, firm, association
or corporation) violates any provision of this ordinance within the cor-
porate limits of the City of Wichita Falls, Texas, he shall be guilty
of a misdemeanor, and, upon conviction of such violation in. the Corpora-
tion Court of the City of Wichita Falls, Texas, he shall be fined an
amount "not exceeding one hundred dollars ($100) . Each day that such H
violation continues shall be, a separate offense. Prosecution or conic-
tion under this provision shall never be a bar to any other remedy or
relief for violations of this ordinance.
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Section 14. Enforcement Other than Penal
A. No permit shall be issued by the City for the installation • i ;
- of septic tanks upon any lot in` a subdivision for which a final plat has
not been approved or on a lot in 'a subdivision in which the standards I
• ' contained herein or referred to herein have not been complied with in '
full.
H
a. No building, repair, plumbing or electrical permit shall be
issued by the. City for any structure on a lot in a subdivision in which
a final plat has not been approved. or on 'a lot in a subdivision in which
the standards contained herein or referred to herein have not. been com-
r
plied with in full.
C. The City shall not repair, maintain, install-or provide any Hi
streets or public utility services in any subdivision for which a final
plat has not been approved or in which the standards contained herein or
referred to herein have not been complied with in full.
D. The City shall not sell or supply any water, gas, electri-
city or sewerage service within a subdivision for which a final plat has H
not been approved or in which 'the standards contained herein or referred
to herein have not been complied with in full.
• E. In behalf of the OitY, the City Attorney may institute appro-
priate action in the District . Court' to enjoin any violation of this
ordinance or the standards referred to herein which'violation occurs a
within the city limits .or within the extraterritorial jurisdiction of the
City as such jurisdiction is determined under the Municipal Annexation ' }
}
Act.
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F. If any subdivision exists for which a final plat has not been
approved or in which the standards contained herein or referred to herein
have not been complied with in full, the City Attorney may, in behalf of
the City, cause an instrument to be filed in. the Deed Records of the county
or counties in which such subdivision or part thereof lies. The instru-
ment may state the fact of such noncompliance or failure to secure
final plat approval and the fact that the provisions of paragraphs A,
B, C and D of this section will apply to the subdivision and the lots
therein. If full compliance and final plat approval are secured after
the filing of such instrument, . the City Attorney shall forthwith file an
instrument in the Deed Records of each such county stating that para-
graphs A B, C and D no longer apply.
Section 15. Severability.; If any section, subsection, clause, phrase
or sentence of this ordinance or the application thereof to any person
or circumstances is held invalid, such invalidity shall not affect other
- provisions or applications of this ordinance which can be given effect
without invalid provision or application, and to this end the provisions
of this ordinance are declared to be severable.
Section 16, Repeal of Conflicting Ordinances and Resolutions., All
ordinances y and resolutions of the city of Wichita Falls, Texas, in
,
conflict herewith are hereby expressly repealed.
Section 17 . Emergency Clause. The fact that the existing rules and
regulations governing the platting and subdividing of land are inadequate
and effective rules are needed for the preservation of the public
health, safety and welfare of the City .of Wichita Falls and its citizens,
creates an emergency that requires that this ordinance shall become
effective immediately.
PASSED AND APPROVED this {,66 day of , 1964.
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MAYOR
.l. r.
y Clerk
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