85-26 O - Establishing Subdivision Controls and Regulations1
ORDINANCE NO. 85-26
AN ORDINANCE ESTABLISHING SUBDIVISION CONTROLS AND REGULATIONS
FOR THE CITY OF PROSPER, TEXAS, AND ITS EXTRATERRITORIAL JURISDICTION;
REPEALING ORDINANCE NO. 84-5 PROVIDING FOR PENALTIES AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Subdivision Ordinance of the City of Prosper, Texas,
has been examined by City Council and certain modifications and
revisions therein are found to be necessary; and
WHEREAS, the existing Subdivision Ordinance of the City of
Prosper should be repealed in its entirety and the new Subdivision
Ordinance substituted therefor.
IT IS THEREFORE ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PROSPER, TEXAS:
SECTION 1. That the document entitled "Subdivision Ordinance"
authenticated by the inscription on the cover thereof of the number
of this ordinance, the date of its passage and the signatures of
the Mayor and City Secretary and maintained on file by the City
Secretary of the City of Prosper, Texas, be and the same hereby is
adopted as the Subdivision Ordinance of the City of Prosper, Texas.
SECTION 2. Ordinance No. 84-5 heretofore adopted by the City
Council of the City of Prosper, Texas, and designated Subdivision
Ordinance shall be and the same hereby is repealed.
SECTION 3. As the Subdivision Ordinance herein adopted contains
penalties, the City Secretary is hereby instructed to comply with the
requirements of State law for the publication of notice of the
adoption of said ordinance and said ordinance shall become effective
immediately upon the expiration of the time period provided by State
law.
Aw THE FOREGOING DULY PASSED by the City Council of the City of
Prosper, Texas, this 4,2 day of %���,,-L , , 1985.
M75,or
ATTEST:
911y Secretary
CITY OF
Subdivision
Ordinance
85-26
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SUSDIVISION ORDINANCE
TAKE OF CONTENTS
Section 1. Authority
Section 2. Purpose
Section 3. Definitions
Section 4. Special Provisions
Section 5. Variances
Section 6. Preliminary Conference
Section 7. Preliminary Plat and Accompanying Data
Section 8. Final Plat
Section 9. Guarantee of Performance
Section 10. Design Standards and Specifications
Section 11. Responsibility for Payment of Installation Costs
Section 12. Flood Hazard Areas
Section 13. Parks and Other Public Uses
Section 14. Where Subdivision is Unit of �araer Tract
Section 15. Authority of the Planning and Zoning Commission
Section 16. Conflict with Other Ordinances
Section 17. Separability Clause
Section 18. Penal Provision
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315
SECTION 1. AUTHORITY
Tnis ordinance is adopted under the authority of the Constitution of :ne
State of Texas, Article 974a, V.T.C.S., Article 970a, V.T.C.S., and charter of
the City of Prosper, Texas.
C ' 1.1 Jurisdiction
These regulations shall govern any and every person, firm, corporation, -Ir
C organization owning any tract of land within the corporate limits of the
City of Prosper who may hereafter divide the same into two (2) or mc-e
parts for the purpose of laying out any subdivision of any tract of land or
Iany addition to said city, or for laying out suburban lots or building
' lots, or any lots, and street, alleys or parks or other portions intenced
for public use, or the use of purchasers or owners of lots fronting thereon
or adjacent thereto.
1.2 Procedures
In order to allow the processing of proposed subdivision, and other imprD-
vements, the procedures discussed in this ordinance shall be followed. :n
general, the steps required include:
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(1)
Annexation
by
the City Council,
(2)
Zoning by
the
Planning and Zoning Commission and the City Council,
(3)
Acceptance
of
preliminary plat and plans by the Planning and Zoning
Commission
and
the City Council,
(4)
Acceptance
of
final plat and plans by the Planning and Zoning
'
Commission
and
the City Council,
(5)
Payment of
all
required fees to the City of Prosper,
(6)
Acceptance
of
the final construction plans by the City Engineer,
I(7)
Submission
County Clerk,
of
final plat with the City of Prosper for filing with :-e
and the recording
of all certificates required tc ze
filed on record,
(8) Completion of construction and acceptance of all improvements by --e
City, submission of record drawings.
This procedure may be varied at the discretion of the City Council. __
those areas to be subdivided which lie outside the corporate limits bc:: _-e
being submitted for review and approval to satisfy the reauiremen:s
extra -territorial jurisdiction and Article 974 (a), Vernon's Revised Ci•,'.1
Statutes, the provisions concerning annexation and zoning may be deletec.
1.3 Annexation
If the property is not within the City limits of Prosoer and the owr r
desires that it be annexed so as to be qualified to receive City services,
when available, and be afforded zoning protection, the owner must peti:':n
the City for annexation through lawful annexation proceedincs.
1.4 Zoning
1
If the property is not zoned as required for the proposed subdivision, -
manent zoning shall be requested. Application for zoning includes corn:"e-
tion of application forms, payment of any required fees, and performance of
other requirements of the Zoning Ordinance and the rules and regulations of
the City.
1.5 Certificates
(1) Certification by a registered public surveyor, registered in the S:::e
of Texas, to the effect that the plat represents a survey made by nim
or under his direct supervision and that all the monuments sn:wn
thereon actually exist, and that their location, size and material are
correctly shown.
(2) A certificate of ownership and dedication, of a form approved by :he
City Attorney, of all streets, alleys, parks, open spaces and put'ic
ways to public use forever, signed and acknowledged before a nc::ry
public by the owner and any and all lienholders of the land, anc a
complete and accurate description of the land subdivided and dedi:a-
tions made.
(3) A certificate, signed by the city tax assessor, stating that all taxes
and assessments then due and payable on the land contained within :ne
subdivision have been paid.
1.6 Aporoval Required
Unless and until any plat, plan or replat shall have been first approves in
the manner provided by law, it shall be unlawful for any person, firm, cor-
poration, or organization to construct or cause to be constructed any
streets, utilities, buildings or other improvements to any tract of laps;
and it shall be unlawful for any official of said city to issue any per -it
for such improvements or to serve or connect said land, or any c_rt
thereof, or for the use of the owners or purchasers of said land, or any
part thereof, with any public utilities such as water, sewers, lignts, c_s,
etc., which may be owned, controlled, distributed, franchised, or supp".'ed
by such city. No building permits will be issued for the construction of
any building on any unplatted land within the City of Prosper, minor re:-ir
permits may be issued. When additions, alterations, or repairs within any
twelve-month period exceed fifty (50) percent of the value of an exis_�ng
building or structure on previously unplatted property, the land upon wn :n
such building or structure is located shall be platted in accordance w=:h
the provisions of this ordinance.
SECTION 2. PURPOSE
The Subdivision Ordinance as herein established has been mace for the ;.:•-
pose of providing orderly, safe and healthful development within the City of
Prosper and to promote the health, safety, morals and general welfare o' :ne
community.
S=CTION 3. DEFINITIONS
For the purpose of this ordinance, certain terms, phrases and woros are
hereby defined.
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3.1 Abuttinq
Adjacent, joining at a boundary.
3.2 Administrator
That city employee specifically appointed by the City Council to adm'n's:er
the regulations and provisions of this ordinance.
3.3 Alley
A minor public right-of-way, not intended to provide the primary means of
access to abutting lots, which is used primarily for vehicular serv'ze
access to the back or sides of properties otherwise abutting on a street.
3.4 Buildina Setback �ine
The line within a property defining the minimum horizontal distance bet« -en
a building and the adjacent street line.
3.5 City
The City of Prosper, Texas.
3.6 Commission
The Planning and Zoning Commission of the City.
3.7 Crosswalk Way
A public right-of-way, six feet or more in width between property line:,
which provides pedestrian circulation.
r 3.8 Cul-de-sac
►1 A street having but one outlet to another street, and terminated on =ne
opposite end by a vehicular turn -around.
3.9 Dead -End Street
A street, other than a cul-de-sac, with only one outlet.
3.10 Engineer
A person duly authorized under the provisions of the Texas Encinee`lg
Registration Act, as heretofore or hereafter amended, to practice the
fession of engineering.
' 3.11 Flood -
— A temporary rise in stream level that results in inundation of areas not
ordinarily covered by water.
■ 3.12 Floodway
LI The channel of a watercourse and portions of the adjoining flood °-n
which are reasonably required to carry and discharge the regulatory -,cc:..
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r3.13
Governing Body
' Pr.
City Council of the City o f osper .
3.14
I-ot
An undivided tract or parcel of land having frontage on a public street and
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which is, or in the future may be offered for sale, conveyance, transfer or
-
improvement; which is designated as a distinct and separate tract, and
which is identified by a tract or lot number or symbol in a duly approved
subdivision plat which has been properly filed for record.
3.15
Parkway
That portion of right-of-way that is between the curb and the right-cf-'ay
line.
3.16
Pavement Width
The portion of a street available for vehicular traffic where curbs are
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laid. "Pavement width" is the portion between the back of curbs.
3.17
Person
'
Any individual, association, firm, corporation, governmental agency, or
political subdivision.
3.18
Planned Develooment
A development provided for by the Zoning Ordinance of Prosper wherein ce--
tain yards, areas and related standards may be varied and a variety of land
'
uses associated on a tract, the plan of which is subject to approval by _ne
and Zoning Commission and the Governing Body.
IPlanning
`
3.19
Plan or Plat Packaae
The term "plan package" or "plat package", as used herein, includes a-1
drawings, instruments, written specifications, reports, test results, cove-
nants, and other similar items required in this ordinance.
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3.20 Plat Drawin
The term "plat drawing" as used herein, shall refer to a drawing or
drawings depicting the proposed subdivision layout itself, along with as:a-
'
ciated certifications, dedications, and related notations.
3.21 Regulatory Flood
'
A flood which is representative of large floods known to have occurred
generally in the area and reasonably characteristic of what can be expected
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to occur on a particular stream. The regulatory flood generally has flood
freauency of approximately 100 years as determined from an analysis o'
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floods on a particular stream and other streams in the same general regi:n.
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3.22 Reaulatory Flood Protection Elevation
The elevation of the regulatory flood plus 18 inches of freeboard to pr:-
vide a safety factor.
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3.23 Reolattina
Rep 1atting is the alteration of any part or all of the boundaries of any
lot, block or tract of a previously platted subdivision.
3.24 Shall, May
( The word "shall" is always mandatory. The word "may" is merely directory.
3.25 Street
A public right-of-way, however designated, which provides vehicular access
to adjacent land.
' (1) An "arterial street" primarily provides vehicular circulation to
various sections of the City.
' (2) A "collector street" primarily provides circulation within neian-
borhoods, to carry traffic from minor streets to arterial streets, or
to carry traffic through or adjacent to commercial or industrial areas.
(3) A "marginal access street" is a street which is parallel to and adja-
cent to an arterial street, and primarily provides access to abutting
properties and protection from through traffic.
(4) A "minor street" is one used primarily for access to abutting residen-.
tial property.
11 3.26 Street
` The portion of a street available for vehicular traffic.
3.27 Street, Standard Width
That distance from back of curb to back of curb.
3.28 Subdivider
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 even;.,
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.
3.29 Subdivision
' A division of any tract of land situated within the corporate limits, or
within one mile of such limits, in two or more parts for the purpose of
' laying out any subdivision of any tract of land or any addition of any town
or city, or for laying out suburban lots or building lots, or any lots, and
streets, alleys or parts or other portions intended for public use or the
use of purchasers or owners of lots fronting thereon or adjacent .thereto.
t ' "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.
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3.30 Surveyor
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A licensed State land Surveyor or a Registered Public Surveyor, as
authorized by State statute to practice the profession of surveying.
3.31
Utility Easement
in land
An interest granted to the City, to the public generally, to a pri-
-vate utility corporation or to any one or more of the foregoing for
installing or maintaining utilities across, over or under private land,
together with the right to enter thereon with machinery and vehicles
necessary for the maintenance of said utilities.
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3.32
Any office referred to in this ordinance by title, means the person employed
or appointed by the City in that position, or the duly authorized
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representative.
i3.33
Definitions not expressly prescribed herein are to be construed in accor-
dance with customary usage in municipal planning and engineering practices.
'
SECTION 4. SPECIAL_ PROVISIONS
4.1
Septic Tanks
(1) No permit shall be issued by the Collin County Health Department or by
the City for the installation of septic tanks upon any lot in a sub-
division for which a final plat has not been approved and filed for
record, or upon any lot in a subdivision in which the standards con-
tained herein, referred to herein, or applicable under State or
'
Federal yaw have been complied with in full.
(2) No permit shall be issued by the Collin County Health Department or by
the City for the installation of a septic tank(s) if adequate sewer
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service is or will be feasibly available within 200 feet of the pro-
perty line of the lot to be sewered.
4.2 Other Permits
No building, repair, plumbing or electrical permit shall be issued by the
I ' City for any structure on a lot in a subdivision for which a final plat has
not been approved and filed for record, nor for any structure on a lot
within a subdivision in which the standards contained herein have not been
complied with in full.
4.3 Streets and Public Utility Services
' 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 approved and filed for record, nor in which the standards contained
' herein or referred to herein have not been complied with in full.
4.4 Public Utilities
I ' The City shall not sell or supply any water, gas, electricity, or sewace
service within a subdivision for which a final plat has not been approved
or filed for record, nor in which the standards contained herein or
referred to herein have not been complied with in full.
4.5 Enforcement Initiation
R:
In behalf of the City, the City Attorney shall, when directed by the pity
Council of the City of Prosper, institute appropriate action in a court of
competent jurisdiction to enforce the provisions of this Ordinance or the
standards referred to herein with respect to any violation thereof which
occurs within the City, within the extra -territorial, jurisdiction of the
City as such jurisdiction as determined under the Municipal Annexation Act,
or within any area subject to all or a part of the provisions of tnis
Ordinance.
4.6 Existina Subdivisions Without a Recorded Plat
(1) If any subdivision exists for which a final plat has not been
approved, or in which the standards contained or referred to herein
have not been complied witn in full, the governing body of the City
may pass a resolution, pertaining to any such subdivisions, reciting
the fact of such noncompliance or failure to secure final plat aporo-
val, and reciting the fact that the provisions of the paragrapns in
Sec. 4.1 to 4.4 will apply to the subdivision and the lots herein.
Then, in that event, the City Secretary shall cause a certified copy
of such resol ut i on to be f i 1 ed i n the deed records of the count v or
counties in which such subdivision or part thereof lies. If full
compliance and final plat approval are secured after the filing or
such resolution, the City Secretary shall file an instrument in the
deed records of such county or counties stating that Section 4.1 to
4.4 no longer apply.
(2) Provided, however, that the provisions of this Ordinance shall not be
construed to prohibit:
(a) The issuance of permits for any lots upon which residence
building exists and was in existence prior to passage of this
subdivision.
(b) The repair, maintenance, or installation of any street or public
utility services for, to, or abutting any lot, the last recorded
conveyance of which was prior to passaae of this Ordinance and was
by metes and bounds, and/or any subdivision, or lot therein,
recorded or unrecorded, which subdivision was in existence prior
to the passage of this Ordinance.
4.7 Advice and Cooperation
It shall be the policy of the City that advice and cooperation in the pr__
paring of plats will be freely given by the Planning and Zoning Commiss'on
and appropriate members of the City Staff.
4.8 Repiattinc
The replatting of any existing subdivision, or any part thereof, shall me=-
the requirements provided for herein for a new subdivision.
4.9 Comoliance With This Ordinance
No person shall create a subdivision or divide a tract of land into two or
more parts for the purpose of laying out any subdivision of any tract of
land without complying with the orovisions of this ordinance. All 01:ts
and subdivision of any land shall conform to the rules and regulations set
forth in Article 974a (VTCS) and applicable ordinances.
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4.10 Avioation Release
TheCommission via the Governing
C e Go e g body may require the execution of an a/i-
gation easement and/or release as a condition precedent to approval o' a
subdivision plat or building permit.
4.11 Acceptance & Maintenance of Streets
Final approval of a plat shall not be deemed an acceptance of the pr000sed
dedication and shall not impose any duty upon the City concerning the ma n-
[ tenance or improvement of any dedicated parts until the proper authorities
of the City shall have made actual appropriation of the same by entry, use,
or improvement. Upon acceptance or rejection by the City of dedicated
parts, the governing body shall pass a resolution either accepting or
rejecting any part or all of said dedicated parts.
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SECTION 5. VARIANCES
It is the expressed intent of this Ordinance that all sections and parts
shall be complied with except ONLY when the provisions of this section are
'
applicable. It is further the intent of this Ordinance that the granting of a
variance shall not be a substitute for the amending of this Ordinance. No
IOrdinance
waiver of requirements is to be permitted unless specifically written in this
or its amendments. The Planning and Zoning Commission may recommend
to the Governing Body that a variance from these regulations be granted when, in
its opinion, undue hardship will result from requiring strict compliance. In
considering, recommending and granting a variance, either the Commission or the
Governing Body shall prescribe such conditions that it deems necessary or
desirable in the public interest. In making the findings herein below required,
both bodies shall take into account, at least, the nature of the proposed use of
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the land involved, existing uses of 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 and upon the public health, safety, con-
'
venience and welfare in the vicinity.
No variance shall be granted unless the Commission finds and recommends,
Iand
the Governing Body concurs:
(1) That there are special circumstances or conditions affecting the land
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involved such that the strict application of the provisions of tn's
Ordinance would deprive the applicant of the reasonable use of nis
land; and
(2) That the variance is necessary for the preservation and enjoyment of a
substantial property right Of the applicant; and
(3) That the granting of the variance will not be detrimental to the
' public health, safety or welfare, or injuries to other property in the
area; and
I (4) That the granting of the variance will not have the effect. of pre-
venting the orderly subdivision of other land in the areas in acccr-
dance with the provisions of this ordinance.
Such findings of the Commission and Governing Body,. together with the soe-
cific facts upon which such findings are based, shall De incorporated into the
official minutes of the meetings at wnich sucn variance is recommended and
granted.
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Variances may 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 served.
SECTION 6. PRE'-iMINARY CONFERENCE
' Prior to the official filing of a preliminary plat, the subdivider should
consult with and present a proposed plan of subdivision to the Planning and
Zoning Commission for comments and advice on the procedures, specifications, and
' standards required by the City for the subdivision of land.
SECTION 7. PRELIMINARY PLAT AND ACCOMPANYING DATA
' 7.1 General
' The subdivider shall cause to be prepared a preliminary plat by a surveyor
or engineer in accordance with this Ordinance.
7.2 Time for Filing and Copies Required
' The subdivider shall file five blue or black line copies of the plat
together with the original, with the Commission at least 30 days prior to
the date at which formal application for the preliminary plat approval is
made to the Commission.
-7.3 Filing Fees
Such plat shall be accompanied by a filing fee of S100.00 per plat, plus
S2.00 per lot. The fee shall be $100.00 plus $6.00 per acre for multiple
' dwelling areas, commercial or industrial districts, and other areas not
subdivided into lots. No action by the Commission shall be valid until the
filing fee has been paid. This fee shall not be refunded should the sub-
divider fail to make formal application for preliminary plat approval or
should the plat be disapproved.
7.4 Formal Application
' Formal application for preliminary plat approval shall be made by the sub-
divider in writing to the Commission at an official meeting.
' 7.5 Form and Content
The plat shall be drawn on sheets 24 inches wide and 36 inches long, and
' shall be drawn to a scale of 100 feet to one (1) inch. When more than one
sheet is necessary to accommodate the entire area, an index sheet show;ng
the entire subdivision at an appropriate scale shall be attached to the
plat. The plat shall show the following:
(1) Names and addresses of the subdivider, record owner, engineer and/or
surveyor.
(2) Proposed name of the subdivision, which shall not have the same
Espelling as or be pronounced similarly to the name Of any other suo-
division located within the City or within two miles of the city. (3) Names of abutting subdivisions and the owners of abuttinc parcels of
unsubdivided land, and an indication oI whether or not abutting pro-
perties are platted.
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(4)
Description, by metes and bounds, of the subdivision.
5 ( )Primary
control points or descriptions and ties to such con:•ol
points to which all dimensions, angles, bearings, block numbers and
similar data shall be referred.
(6)
Subdivision boundary lines, indicated by heavy lines, and the comDu:ed
acreage of the subdivision.
(7)
Existing sites as follows:
(a) The exact location, dimensions, name and description of ail
existing or recorded streets, alleys, reservations, easements or
other public rights-of-wav within the subdivision, intersection or
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abutting with its boundaries or forming such boundaries.
(b) The exact location, dimensions, description and name of all
existing or recorded residential lots, parks, public areas, pe--
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manent structures and other sites within or abutting with Z.-le
subdivision.
'
(c) The exact location, dimensions, description, and flow line of
existing water courses and drainage structures within the sub-
division or on abutting tracts.
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(d) Regulatory flood elevations and boundaries of floodprone areas,
floodways, if known.
fincluding
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(8)
The exact location, dimensions, description and name of all proposed
streets, alleys, parks, other public areas, reservations, easements or
other rights -of -way, blocks, lots and other sites within the
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'(9)
subdivision.
A preliminary plan for on -site sewage disposal systems, inc1ud'.n g
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disposal sites for lands subject to flooding or sanitary sewers wi.h
grade, pipe size, and points of discharge.
(10) A preliminary plan of the drainage system with grade, pipe size, and
' location of outlet.
(11) A preliminary plan for proposed fills or other structure-eleva 4cn
ftechniques, levees, channel modifications, and other methods to ov=--
' come flood or erosion -related hazards.
(12) Date of preparation, scale of plat and north arrow.
(13) Topographical information shall include contour lines using mean sea
level on a basis of five vertical feet in terrain with a slope of do
' percent or more, and on a basis of two vertical feet in terrain witn a
slope of less than two percent.
(14) A number or letter to identify each lot or site and each block..
t ' (15) Front building setback lines on all lots and sites; side yard building
setback lines at street intersections and cross -walk ways.
1 ti n f it limits line the oute, border of the Cit 's exr-=-
( 6) _oca o o city y
territorial jurisdiction, and zoning distric: boundaries, if they tr---
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verse the subdivision, form part of the boundary of the subdivision,
or are abutting to such boundary.
(17)
Vicinity sketch or map at a scale of not more than 500 feet to an inch
which shall show existing subdivisions, streets, easements, rights-cf-
way, parks and public facilities in the vicinity, the general drainaee
plan and ultimate destination of water, and possible storm s=.-2r,
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water, gas, electric and sanitary sewer connections by arrows.
7.6 Processing of Preliminary Plat
'
( 1)
The Planning and Zoning Commission shall check the preliminary pl-a: as
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to its conformity with the master plan, major street plan,•lanc use
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plan, zoning districts and the standards and specifications set forth
herein or referred to herein.
(2)
Pertinent copies of the preliminary plat data shall be submitte: to
the City Engineer, and he shall check the same for conformity witn the
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standards and specifications contained or referred to herein.
(3)
The City Engineer shall return the preliminary plat data to the
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Commission with his suggestions as to modifications, additions or
alterations of such plat data.
(4)
Within thirty (30) days after the preliminary plat is formally filed,
the Commission shall conditionally accept or reject such plat or con-
accept it with modifications.
lditionally
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(5)
Conditional acceptance of a preliminary plat by the Commission shall
be deemed an expression of acceptance of the layout submitted on the
rpreliminary
plat as a guide to the installation of streets, water,
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sewer and other required improvements and utilities and to the ore-
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paration of the final or record plat. Conditional acceptance cf a
preliminary plat shall not constitute nor require acceptance of the
Cfinal
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plat.
(6)
Conditional acceptance of a preliminary plat shall be effective for
Etwo
years unless reviewed by the Commission in the lignt of ne,, or
significant information which would necessitate a revision of the -re-
'
liminary plat. If the Commission should deem changes in a preliminary
plat to be necessary, it snail so inform the subdivider in writing
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(7)
If no development has occurred which would affect the proposed
after two years of effective acceptance, the Commission may, upc- the
-
application of the subdivider, extend the acceptance.
SECTION 8. FINAI- PI -AT
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8.1 Form
and Content
(1)
The final plat and accompanying data shall conform to the preli-inary
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plat as conditionally approved by the Commission, incorporatir.c_ any
and all chances, modifications, alterations, corrections anc :on-
ditions imposed by the Commission.
f_
(2)
The final plat shall be drawn in India ink on linen trac�nc :'o;h
sheets 24 inches wide and 36 inches long and small be drawn at .: ::ate
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of 100 feet to one (1) inch. Where more than one sheet is necessar, :o
accommodate the entire area, an index sheet showing the entire s_c-
division at an appropriate scale shall be attached to the plat. -,+o
additional mylars shall be submitted on sheets 171- x 23" to spe:i-i-
cally meet the requirement of Collin County for
final plat recordinc.
(3)
The final plat shall be submitted in such number as is required by :ie
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Commission, and shall contain all of the features required for pr=_'i-
minary plats in Section 7 above, and it shall be accompanied by s'te
improvement data bearing the seal of an engineer and detailed c_s=
'
estimates.
(4)
The final plat and the accompanying site improvement data and detai�ed
cost estimates shall be approved by the City Engineer.
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In
(5)
addition to the various requirements for the preliminary plat, :1e
final plat shall also include the following:
'
(a) The exact location, dimensions, name and description of =71
existing or recorded streets, alleys, reservations, easements, or
other public rights -of -way within the subdivision, intersection or
'
abutting with its boundary or forming such boundary, with accurate
dimensions, bearing or deflecting angles and radii, area, and
i
central angle, degree of curvature, tangent distance and length of
all curve where appropriate.
(b) The exact location, dimensions, description and name of all pr:-
posed streets, alleys, drainage structures, parks, other pub:'c
areas, reservations, easements or other rights -of -way, blocks,
lots, and other sites within the subdivision with accurate dimen-
sions, bearing or deflecting angles with radii, area, and centr_1
'
angles, degree of curvature, tangent distance and length of a"1
curves where appropriate.
(6)
When filed, the final plat shall be accompanied by the following s e
improvement data. All plans and engineering calculations shall b_=r
the seal and signature of an engineer.
I(a)
■
Streets, Alleys, Sidewalks, Crosswalk Ways & Monuments.
Five copies of plans and profiles of all streets, aile%:,
sidewalks, crosswalk ways, and monuments, and five copies c-
'
detailed cost estimates.
(b) Sanitary Sewers
■ (i) Five copies of the proposed plat, showing five foot con::;;-_
and the proposed location and dimensions of existing sanite-.
' sewer lines.
(ii) Five copies of plans and profiles of proposed sanitary see•= -
lines, indicating depths and grades of lines.
(iii) When a separate sewer system or treatment plant is propcs=-
( five copies of proposed plans and specifications.
(iv) Five copies of detailed cost estimates.
12
(c) Water Lines
(i) Five copies of the proposed plat showing five foot contours
and the -location and size of existing water lines and fire
hydrants.
Five copies of plans and profiles of all proposed water
lines and fire hydrants, showing depths and grades of the
lines.
When a separate water system is planned, or when connection
is proposed to a water system other than to the City water
system, five copies of the plans, including fire hydrants,
of the proposed system.
(iv) Five copies of detailed cost estimates.
(d) Storm Drainage
(i) Five copies of the proposed plat, indicating five foot con-
tours. 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 ditch. Drainage easements shall be indicated.
(ii) A general location map of the subdivision showing the entire
watershed (a U.S.G.S. quadrangle is satisfactory).
(iii) Calculations showing the anticipated storm water flow,
including water shed area, percent runoff, and time of con-
centration. When a drainage ditch or storm sewer is pro-
posed, calculations shall be submitted showing basis for
design.
(iv) When a drainage channel or storm sewer is proposed, complete
plans, profiles, and specifications shall be submitted,
showing complete construction details.
I (v) When conditions uostream or downstream from a proposed chan-
nel or storm sewer do not permit maximum design flow, hicn
water marks based on a twenty-five year fregency, snall 5e
indicated based on existing conditions.
(vi) Five copies of detailed cost estimates.
(vii) The final plat shall also include the following:
' (a) Owner's acknowledgement of the dedication to public use
of all streets, alleys, parks, and other public places
' shown on such final plat;
(b) The certification of the Planning and Zoning Commission
r that the final plat conforms to all requirements of the
L subdivision regulations of the City of Presoer;
(c) A statement from the Planning and Zonine Cor-nission
that the final plat has been approved by sucn
Commission;
'-3
(d) The certification of the Surveyor responsible for s,;r-
veying the subdivision area, attesting to its accuracy;
(e) A certification by the engineer responsible for the
preparation of the final plat and supporting data,
attesting to its accuracy;
[ 3.2 Processing of Final Plat
r (1) If desired by the subdivider and approved by the Commission, the final
plat may constitute only that portion of the accepted preliminary plat
t which he proposes to record and develop. However, such portion sha11
conform to all the requirements of this Ordinance.
(2) As soon as practical after the subdivider is notified of the accep-
tance of the preliminary plat, his engineer shall submit to the
Commission at an official meeting the final plat of the subdivision cr
portion thereof.
(3) No final plat will be considered unless a preliminary plat has been
submitted. However, if an accepted plat has been duly recorded and
the subdivider wishes to increase the size of the lots by combining
two or more lots or by combining one lot with a portion of the adja-
cent lot in such manner that no portion of a lot remains smaller than
the original lots, no preliminary plat will be necessary.
(4) A final plat of an accepted preliminary plat or a portion thereof
shall be submitted to the Commission within two years of the date of
acceptance of preliminary plat, otherwise the acceptance of the
Commission shall become null and void, unless an extension of time is
j� applied for and granted by the Commission.
t , (5) When the final plat is filed with the Commission for acceptance, it
r shall be accompanied by the following fees:
li (a) $50.00 per plat, plus 52.00 per lot.
I (b) For multiple dwelling areas, commercial and/or industrial
districts and other areas not subdivided into lots the fee sha'i
be $50.00 plus $6.00 per acre.
(c) Check or checks payable to the County Clerk in the amount of tie
recordation fee for filing the final plat.
(d) A construction fee equal to 3.0A of the cost of the construction
' (as determined by the City Engineer) including water, Sewe-,
paving and drainage facilities shall be paid to the City prior =0
the construction of any facilities.
' (6) Within thirty (30) days after the final plat is formally filed, the
ICommission shall accept or reject such plat.
' If the final plat is rejected, the Commission shall inform the s:;:-
divider in writing of the reasons at the time such action is taken.
(7) After the final plat has been accepted and the subdivider nas
constructed all the required improvements and such improvements have
been accepted, and a maintenance bond filed as hereinafter proviae:;
14
or after the final plat has been accepted and the subdivider has f'*=-d
the security and maintenance bond hereinafter provided, the C'ty
Secretary shall cause the final plat to be recorded with the County
Clerk or clerks in the county or counties in which the subdivis'on
lies. The Commission shall also cause the check or cnecks for :ne
recordation fee or fees deposited at the time the final plat was f',ed
for acceptance to be delivered with the final plat to the Coy-.ty
Clerk. No plat shall be filed for record without written consent of
the subdivider. If the subdivider fails to give such written consent
within 90 days or of the date of final approval of the plat, :ne
Commission my at any time thereafter cancel such acceptance.
SECTION 9. GUARANTEE OF PERFORMANCE
9.1 Construction Prior to Final Plat Acceptance
If under Section 8 of this Ordinance the subdivider chooses to constrict
the required improvements prior to recordation of the final plat, all such
construction shall be inspected while in progress by the appropriate C':y
department, and must be approved upon completion by the City Engineer. A
certificate by such officer stating that the construction conforms to :ne
specifications and. standards contained in or referred to herein must be
presented to the Commission prior to approval of the final plat. Prior to
such approval, the subdivider shall file with the Commission a bond, exe-
cuted by a surety company holding a license to do business in the State of
Texas, and acceptable to the Commission, in an amount equal to 100 percent
of the cost of the improvements required, as estimated by the C':y
Engineer, conditioned that the subdivider will maintain such improveme^.:s
in good condition for a period of one year after approval of the final
plat. Such bond shall be approved as to form and legality by the c':y
Attorney.
9.2 Construction After Final Plat Acceptance
If under Section 8 of this Ordinance the subdivider chooses to fe
security and maintenance bond in lieu of completing construction prior :o
final plat approval, he may utilize either of the following methods or
posting security. If the subdivider chooses to file security, the
snail not be approved unless the subdivider has done one of the following:
(1) Has filed with the Commission a bond executed by a surety coma_�v
holding a license to do business in the State of Texas, and accepta-_'=_
to the Commission, in an amount equal to the cost of the improveme-:s
required by this Ordinance as estimated by the City Engineer, cc^
ditioned that the subdivider will complete such improvement within :4o
years after approval of such plat, such bond to be approved as to fc-m
and legality by the City Attorney; or
(2) Has placed on deposit in a bank or trust company selected by the suz-
divider and approved by the Commission, in a trust account a sum :f
money equal to the estimated cost of all site improvements required =y
this Ordinance. The estimated cost of such improvements shall be tie
cost as estimated by the City Engineer. Selection of the trustee
shall be subject to approval by the Commission, and the t%z—
agreement shall be approved as to form and legality by the :y
Attorney.
15
9.3 Maintenance Bond
If type
either of security is filed by the subdivider under Section
9.2 of
this Section, a filing of such security shall be accompanied by a
bond exe-
cuted by a surety company holding a license to do business in the
Texas, and acceptable to the Commission, in
Star= of
an amount equal to 100
percent
of the cost of the improvements required as estimated by the City
Eng;n==r,
conditioned that the subdivider will maintain such improvements
in c:od
'
condition for a period of one year after final acceptance of the
comc'__ed
construction by the City Engineer, as provided in Section 9.4
of
Section. Such bond shall be approved as to form and legality by
the ^._y
Attor-ney.
9.4 Construction Acceptance
' If either type of security is filed by the subdivider under Section 9.2 of
this section, the City Engineer shall observe the construction of _ne
improvements while in progress, and he shall inspect such improvements u:on
' completion of construction. After final inspection, he shall notify _ne
subdivider and the City Attorney in writing as to his acceptance or re,.=:-
tion of the construction. He shall reject such construction only if it
fails to comply with the standards and specifications contained or refe,red
' to herein. If he rejects such construction, the City Attorney shall, on
direction of the City Council proceed to enforce the guarantees provided in
this Ordinance.
i9.5 Extension
[ , Where good cause exists, the Planning and Zoning Commission may extend the
[ period of time for completion under Section 9.2 of this Section for an
additional period of time not to exceed one year if the subdivider has not
completed the required site improvements or completed such improvements in
' compliance with this Ordinance.
r No such extension shall be granted unless security as provided in such
{L ' Section 9.2 has been provided by the subdivider covering the exterced
period of time.
SECTION 10. DESIGN S'aNDARDS AND SPECIFICATIONS
' 10.1 General Requirements
' No preliminary or final plat shall be approved by the Ccmmissicr :�r
ratified subsequently by the Governing Body and no completed improvem=r_s
shall be accepted by the City unless they conform to the following s__--
dards and specifications.
(1) Conformity with Comprehensive Plan
' The subdivision shall be consistent with the adopted Comprehens've
Plan of the City of Prosper and the parts thereof as amended from _;je
to time.
' (2) Provision for Future Subdivisions
If a tract is subdivided into parcels larger than orainary
' lots, such parcels shall be arranged to allow the openine of fut--e
streets.
16
(3) Prohibition of Reserve Strips
No subdivision or addition showing reserve strips of land control'=ng
the access to public ways or adjoining properties will be approved
either in whole or -in part.
(4) Observation of Construction 'fork
' All construction work, such as street grading, street paving, s::rm
sewers, curb and/or gutter, sanitary sewers or water mains perfor-ed
by the owner, developer, or contractor, shall be subject to observa:.on
' during construction by the proper authorities of the City and shall oe
constructed in accordance with the specifications approved by :ne
Governing Body and in accordance with the provisions of "Stanca-d
Specifications For Public Works Construction" prepared by the Nc-th
Central Texas Council of Governments, which is on file in the office of
the Planning and Zoning Commission.
0 (5) City Standard Construction Details for Subdivisions
The City of Prosper suggests that all subdivision construction com:ly
with the latest edition of the Standard Construction Details For 'ne
City of Plano.
After the proper city authorities determine that completed improve-
ments conform to the foregoing standards and specifications, s--id
determination shall be submitted to the Governing Body for revi=w.
The Governing Body shall pass a resolution either accepting or
rejecting said improvements. The Governing Body may accept or reject
any portion or all of said improvements and may impose any reasona�-le
requirements or conditions in accepting part or all of said
improvements.
10.2 Streets
(1) Street Layout
Adequate streets shall be provided by the subdivider and the arrar_=-
ment, character, extent, width, grade, and location of each shall c=^-
form to the Comprehensive Plan of the City -and shall be consice-ed
in their relation to existing and planned streets, to topocraph4=i1
conditions, to public safety and convenience, and in their approori_:e
relationship to the proposed uses of land to be served by s_:n
streets. The street layout shall be devised for the mos: advantaa_e:js
development of the entire neighborhood.
(2) Relation to Adjoining Street System
Where necessary to the neighborhood pattern, existing streets in
adjoining 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 �n
the subdivision shall make provision for the proper projection :r
streets into such unsubdivided areas.
17
(4) Street Jogs
Whenever possible, street jogs with center line offsets of less tnan
180 feet will not be approved.
(5) Horizontal Alignment
(a) Curvilinear streets shall be allowed and shall meet the follow'ng
standards:
Operating Speed of Street Minimum Curve Radius
1. 20 MPH or less 200 feet
2. 30 MPH 375 feet
3. 35 MPH 550 feet
4. 40 MPH 725 feet
5. 50 MPH or more 1190 feet
(b) The governing body may approve local residential streets with a
smaller radii than required above in special circumstances
(consistent with the use of the street). In the case of such an
approval the developer shall pay the additional cost of installing
water and sewer lines caused by smaller radii.
(6) Vertical Alignment
Profile grades of streets and alleys shall be connected by vertical
curves of a minimum length expressed as a multiple of the algebraic
difference between the rates of grades, expressed in feet per hundred
feet and the values shown as follows:
Multiple of Design speed
algebraic difference 20 25 30 40 50 60
Crest vertical curve 10 15 28 50 80 150
Sag vertical curve 15 20 35 50 70 100
(7) Half Streets or Adjacent Streets
In the case of collector, minor, or marginal access streets, no new
half -streets shall be platted.
(8) Street Intersections
Street intersections shall be as nearly at right angles as prac-
ticable, giving due regard to terrain and topography.
(9) Dead -End Streets
Dead-end streets shall be prohibited except as short stubs to per„':
future expansion.
(10) Cul-De-Sacs
19
In general, cul-de-sacs shall not exceed 300 feet in length, and snail
i have a turn -around of not less than 80 feet in diameter and 100 feet
ROW in residential areas, and a turn -around of not less than 100 `eet
in diameter and 120 feet ROW in commercial and industrial areas.
(11) Marginal Access Streets
Where a subdivision has frontage on an arterial street, there shall
oe
'
provided a marginal access street on
both sides or on the subdivision
side of the arterial street, if the
arterial street borders the
sub-
division, unless the adjacent lots
back up the arterial street,
or
unless the Commission determines that
such marginal access streets
are
not desirable under the facts of a particular case for adequate
oro-
tection of the lots and separation of
through and local traffic.
'
(12) Streets on Comprehensive Plan
Where a subdivision embraces a street as shown on the Comprehensive
Plan of the city or Thoroughfare Plan of the County, such street shall
be platted in the location and of the width indicated by the
Comprehensive Plan or Thoroughfare Plan.
(13) Minor Streets
Minor streets shall be laid out so as to discourage their use by
through traffic.
(14) Pavement Widths and Rights -Of -Way
Pavement widths and rights -of -way shall be as follows:
(a) Arterial streets shall have right-of-way width of at leas: 80
feet, with a pavement width of at least 48 feet.
(b) Collector streets shall have a right-of-way of at least 60 feet
and a pavement width of at least 36 feet.
(c) Minor streets shall have a right-of-way of least 50 feet and a
pavement width of at least 31 feet.
(d) Major thoroughfares shall have a right-of-way of at least 160 feet
and a pavement width of at least 60 feet.
(e) Residential and non-residential marginal access streets snail have
a right-of-way width of at least 50 feet and pavement widen of at
least 31 feet.
(15) Typical Street Section(s)
See Exhibits on the following pages.
(16) Street Grades
(a) Streets Other than local streets shall have a maximum grade cf
five (5) percent, unless the natural topography is such as to
require steeper grades, in which case a seven and one-half (7 1i2)
Percent grade may be used for a maximum continuous distance of :wo
hundred (200) feet.
0K
EXHIBIT A
STANDARD 50' RIGHT OF WAY
31'
15'-6"
i
6" CROWN ( v \
2' I 2'
I 2' I 2' I 2' 2' ` 3
12'
I
OIntegral Curb
O3000 psi concrete at 28 days
O7: lime stabilized subgrade
Compacted 95% Standard Proctor density.
4O No. 3 Bars on 24" centers. Both Ways
RESIDENTIAL SUBDIVISION
(LESS THAN 0.5 ACRE LOTS)
EXHIBIT B
VARIES I VARIES
S TANOARO 50' RIGHT OF WAY
VARIES I VARIES
3' SHOULDER 3' L-
3 1'
I
i/a Der ft I 2 -max. slope I �
nox. slope
• ..:.�'
1
3 I
3 9 DITCH SIDE SLOPES
d DEPTHS VARIES
Ol 3000 psi concrete @ 28 days
OZ No. 3 Bars on 240 Ctrs. Both ways
O3 7% lime stabilized subgrade
Compacted 95: Modified Proctor density
ESTATE SUBDIVISION
(BETWEEN 0.5 -1.0 ACRES /LOTS)
11
EXHIBIT C
11
11
. I
I'
il
STANDARD 50' RIGHT OF WAY
VARIES ) VARIES I VARIES I VARIES
3' SHOULDER 3" I
3 1'
i
�o7 Max. slope
max. s to Z7
3
• •• • •o • �o • s u e . • •
---� • e • •
39,
rw
DITCH SIDE SLOPES 6
DEPTHS VARY
OThe
surface course shall be constructed of either of
the
following options:
(a)
Two course asphalt treatment, 31 feet wide.
(b)
Two (2) inches of hot mix asphaltic concrete 31
feet wide.
O2
The
base shall be constructed from one of the following
options:
(a)
Ten (10) inches native Collin County white rock
compacted to 95% Standard Proctor density.
(b)
Eight (8) inches native Collin County white rock
with 2: hydrated lime compacted to 95: Standard
(c)
Proctor density.
Six (6) inches of flexible base (SDHPT specifications)
compacted to 95% Standard Proctor density.
O3
7'
lime stabilized subarade
Compacted 959 Modified Proctor density.
ESTATE SUBDIVISION
( BETWEEN 1.0—10.0ACRES /LOTS)
(b) Local streets may have a maximum grade of seven and one-n-z'f
(7 1/2) percent.
(c) All streets must have a minimum grade of at least five -tenths of
one (0.5) percent.
(d) Centerline grade changes with an algebraic difference of more :^an
two ( 2 ) percent shall be connected with vertical curves of
ficient length to provide a minimum of six hundred ( 600 ) f_et
sight distance on major streets; four hundred (400) feet si;nt
distance on minor streets and local residential streets.
(e) No vertical curve shall be less than two hundred (200) feet in
length.
(f) Wherever a cross slope is necessary or desirable from one curb :o
the opposite curb, such cross slopes shall not be less than tnree
(3) inches in thirty (30) feet, nor more than twelve (12) inches
in thirty (30) feet.
(17) Street Construction
(a) Pavement and right-of-way width: All streets shall be paved with
reinforced concrete paving with integral curb and gutter, and
shall conform in width and section to the thoroughfare plan of the
city. Right-of-way width shall be measured between front lit
lines and pavement width shall be measured from back of curt.
Except as provided hereinafter, no street right-of-way shall oe
less than fifty (50) feet and no street pavement shall be less
than thirty-one (31) feet.
(b) Residential estate subdivision: For estate subdivision as here'n
defined, the city council may allow variance to these regulaticr.s
to provide for a lesser pavement and right-of-way width, and ':r
the elimination of the requirement for curb and gutter (See
Exhibits).
(c) Laboratory testing of street material: The city shall retain tne
services of a reputable commercial testing laboratory or will pe--
form the necessary tests on subgrade soils and flexible bate
material to verify that specifications are being met. Thesz
laboratory tests will be made at.the developer's expense and m��
include the following: r
(1) Proctor Density Curves to establish the optimum de^si:--
moisture relationsnio for the subgrade soil and the propcs
flexible base material.
(2) Gradation and soil constants (Atterberg Limits) tests to
determine the suitability of the proposed flexible base
material.
(3) Tests during the construction phase to determine if suberace
and flexible base material have been placed as speci,"ied.
(4) The proper tests to determine if the asphaltic concrete sur-
facing meets the requirements of the specifications.
20
11
1
L
0
1
H
I
(d) Driveway cuts: Driveway cuts or entrances to single-family or
two-family uses shall not be allowed along thoroughfares, unless a
siding street, or an alley with natural screening device, is
provided outside the pavement of the thoroughfare. Driveway c.:ts
shall be located so as to provide a spacing between curb racius
return of at least five (5) feet for single-family and two-family
uses and at least twenty (20) feet for all other uses. No prope'-
shall have more than two (2) driveway cuts onto any facing street.
No driveway cut shall be located closer than twenty (20) feet from
an intersection, measured from the ends of the curb radius
returns.
(18) Street Openings to Adjoining Properties
Subdivision plat design Shall provide for a reasonable number and
locations of street openings to adjoining properties. Such an ooening
shall occur at least every one thousand (1000) feet or in alignment
with abutting subdivision streets along each boundary or the
subdivisions.
(19) Boundary Streets
Where a plat is presented for approval which adjoins unplatted pro-
perty, the owner and/or developer of the proposed subdivision shall
provide his pro rata part of the boundary streets, curbs, gutter and
storm drainage.
(20) Pavement widths and rights -of -way of streets forming part of the sub-
division (adjacent) shall be as follows:
(a) The subdivider shall dedicate a right-of-way of 50 feet in wi-Ath
for new adjacent arterial streets, and 31 feet of such right-of-
way shall be paved.
(b) New adjacent collector, minor or marginal access streets sha-,l
conform to Paragraph 10.2.(13) of this Section.
(c) Where the proposed subdivision abutts upon an existing street �r
half -street that does not conform to Paragraph 10.2.(13) of tn's
Section, the subdivider shall dedicate right-of-way sufficient to
make the full right-of-way width conform to such Paragraph, and
there shall be paved so much of such right-of-way as to make the
full pavement width comply with such Paragraph. Before any pay-
ment is laid to widen existing pavement, the existing paveme^t
shall be cut back two feet to assure an adequate sub -base a�-c
pavement joint.
(21) Curbs
Curbs shall be installed by the subdivider on both sides of ail
interior streets, and on the subdivision side of all streets forming
part of the boundary of the subdivision.
(22) Street Names
Names of new streets shall not duplicate or cause confusion with the
names of existing streets, unless the new streets are a continuati��
of or in alignment with existing streets, in whicn case names
existing streets shall be used.
21
(23) Street rights
(1) Street lights shall. be installed by the subdivider at all street
intersections within the subdivision, and at adjacent inters_c-
tions on the north and east boundaries of the subdivision.
(2) Street lighting shall conform to the latest edition of :ne
Illuminating Engineering Society Handbook.
(3) Lighting levels shall be as recommended for:
(a) Very light traffic in residential areas,
(b) Medium traffic on feeder streets,
(c) Heavy traffic on thoroughfares,
(4) Street lights shall be as manufactured by Kim Standards or
approved equal.
(5) The initial cost of installation, operation, and maintenance for
the first year shall be paid by the Developer to the City.
Maintenance and operation after this period shall be provided oy
the City.
(24) Street Signs
Street signs shall be installed by the subdivider at all intersections
within or abutting the subdivision. Such signs shall be of a type
approved by the City, and shall be installed in accordance with stan-
dards of the City.
10.3 Alleys
(1) Width and Paving
Alleys of not less than 20 feet in right-of-way widtn and pavem_rt
width shall be installed by the subdivider in all business and
industrial areas. In residential areas, alleys not less than 15`ee:
in right-of-way width, with a paved surface of not less than 10 f__:
in width, shall be optional. All alley paving shall be done in accor-
dance with City standards. Alleys shall be approximately parallel :o
the frontage of the street.
(2) Intersecting Alleys and Utility Easements
Where two alleys or utility easements intersect or turn at a ri:':
angle, a cutoff of not less than 10 feet from the normal in-ersec:i"n
of the property or easement line shall be provided along each prone-:y
or easement line.
(3) Dead -"End Alleys
Dead-end alleys shall not be permitted.
(4) Over -Hang Easements
In all alleys, over -hang easements for electric and teleohone lines
at least 10 feet on each side cf the alley strip at a he'.zr.: at =
above is feet shall be provided.
22
(5) Alleys which do not connect on a straight course
If alleys are not themselves straight within each block, or if =ne
same do not connect on a straight course with the alleys of adjoir'ng
blocks, then an easement shall be provided for the placing of _uy
wires on lot division lines in order to support poles set on curs ng
or deviating rights -of -way of alleys.
10.4 Utility Easements
(1) All services for utilities shall be made available to each lot in s.ch
a manner so as to eliminate the necessity for disturbing the street
and alley pavement, curb, gutter, sidewalks, and drainage structj-es
when connections are made.
(2) All electric, telephone utilities, street lighting, and cable tei_vi-
sion shall be underground except where conditions do not war -ant
underground installations. The use of above ground utilities ma.i be
considered on an individual case basis if the services are plat=_= on
the rear property line.
(3) All support equipment (transformers, amplifiers, switching dev'.ces,
etc.) necessary for underground installations shall be pad mounter or
placed underground.
(4) The electric utility company shall be responsible for developing acmi-
nistrative policies and cost reimbursement procedures for :he
installation and extension of underground electric service. Tnese
policies shall permit the electric company to recover the cost cif-
ferential between extending and installing overhead and underground
service.
(5) The Developer shall furnish all easements and right-of-way necessary
for construction of electric, gas, street lighting, telephone and
cable television service to the subdivision.
(6) Overhead services will not be permitted to cross public right-cf-,=ys.
10.5 Sidewalks
(1) On the subdivision side of all arterial streets adjacent to the sjb-
division and not parallel by a marginal access street;
(2) On the subdivision side of all collector streets adjacent to the :jb-
division if no adequate sidewalk exists on the opocsite side the
street;
(3) On the residence side of all marginal access streets whether act=:ent
to the subdivision or internal;
(4) On both sides of all internal arterial streets not paralle' et :y a
marginal access street;
(5) On the north or east side of all internal collector streets;
(6) As deemed necessary by the Commission in co,,ercial, in. -us: -'al,
public, multi -family areas; and
23
(7) Such additional sidewalks as the subdivider may desire;
(8) Shall be constructed of 2000 psi concrete having a width of not less
than four feet and a minimum thickness of four inches.
10.6 Water Installation
(1)
All subdivisions shall be provided with an approved water system. ,n
the corporate limits of the City of Prosper all subdivisions shall :)e
(
L
connected to the City's water distribution system.
(2)
Water lines shall be laid in streets and alleys, or, with approval of
the City Engineer, may be laid in easements.
(3)
Where water lines are to be installed on private property, the
Developer shall secure the necessary easements in the name of the C'ty
-
'
of Prosper.
(4)
Water mains shall be a minimum of 6 inch nominal internal diameter.
(5)
Water services for each lot shall be a minimum of 3/4" type K copoer.
Each service shall be provided with two in -line nylon ball cuto.'f
l
valves contained inside the meter box. The meter shall have 5/3"
Idiameter
yoke and shall be purchased from the City. Service to each
lot shall have a maximum cover of 18 inches. Services shall be
type K copper for houses with more than 2 baths.
(6)
Valves shall be located such that the distance between valves is a
maximum of 600 feet on 12" and smaller lines, on larger lines, spacing
('
subject to approval of City Engineer. Valves shall be furnished with
extensions, such that the working nut is a maximum of 48" below grace.
(7)
Fire hydrants shall be located such that the horizontal distance to
'
any structure in a residential area does not exceed 500 feet laving
length. In commercial areas the horizontal distance shall not exceed
300 feet laying length. Fire hydrants shall be located 2 112 it. f-gym
back -of -curb.
(8)
All fire hydrants shall be painted by the Developer in accordance w;th
the size of the line constructed:
(a) 6 inch line - Red
(b) 8 inch line - Slue
(9) Reflective fire hydrant spotters shall be installed in all streets :t
a point adjacent to fire hydrants.
' (10) Should the subdivision or addition abut and use a water main of the
City,, the Developer shall pay the City a "pro rasa" charge as
I , necessary.
t (11) When PVC pipe is used, 12 cauge single strand wire or tracer to=_,
f blue in color, shall be installed in the backfill material 24 inc.nes
' above the too of the pipe in accordance with the manufacture-'s
recommendations.
(12) Water lines shall be installed with a minimum cover over the too o`
the pipe of 42 inches.
24
(13) Water lines shall be pressure tested and disinfected in accordance
with AWWA C601.
(14) PVC pipe shall have a 6" sand bedding 6" of sand on each side of 12"
of sand over top of pipe.
(15) Engineering Design
The Engineering design shall conform to the latest criteria set forth
in the AWWA Standards, as published by the American Water Works
Association.
(16) Technical Specifications
The specification for materials and workmanship shall conform to the
latest edition of the "Standard Specifications for Public Works
Construction" as published by North Central Texas Council of
Governments.
10.7 Sewers
(1) All subdivisions shall be provided with an approved sewage disposal
system and where the subdivision is inside the city limits of the City
of Prosper shall be connected to the City's sanitary sewer system.
(2) The developer shall furnish and install the complete sewage system,
including the mains, manholes, cleanouts, Y-branches, service laterals
for all lots, lift stations and appurtenances.
(3) Should the subdivision or addition abut and use a sewer main of the
City, the Developer shall pay the City a "pro rata" charge as
necessary.
(4) Sewer pipe shall have a minimum internal diameter of 8 inches.
(5) Should a lift station, either temporary or permanent, be necessary to
provide sanitary sewer service to the subdivision, the Developer shall
construct the station and all appurtenances, at his own expense. If
and when the lift station is no longer needed, the installation will,
unless other provisions are made, remain the property of the City of
Prosper for reuse or disposal.
(6) Sewer service for each lot shall have a minimum, internal diameter c'
4 inches. Minimum cover at the property line shall be 4 fee:. Need
red tracer tape to indicate location of sewer stub out.
(7) Sewers shall be extended across the property being subdivided.
(8) Offsite sewer utilities shall be constructed by developers at no
expense to the City.
(9) Sewer lines may be constructed using the following materials or
approved equal:
(a) Vitrified Clay.
(b) Polyvinyl Chloride Pipe with integral bell.
25
(10)
Pipe bedding specifications shall be subject to approval by the
City
Engineer. Six (6) inches of sand around PVC sewers with 12" sand
over
top of pipe.
(11)
Prior to acceptance, the sanitary shall be subjected to an air
test
and/or leakage test.
(12)
All force mains, stream crossings, railroad crossings and road
bores
shall be ductile iron pipe.
(13)
A11 railroad crossings and road bores shall be encased in a
steel
carrier pipe.
f,
(14)
Manhole spacing shall not be greater than 500 feet.
(15)
Horizontal and vertical curves in sewer lines are not encouraged
and
are subject to approval of the City Engineer on a case -by -case basis.
(16) The City Engineer may require the Developer (Contractor) to provide a
TV examination of the sewer prior to acceptance if the sewer line is
in question. Cost to be borne by Contractor.
(17) Engineering Design
to The engineering design shall conform to the criteria set forth in
"WPCF Manual of Pratice No. 9", latest edition as published by the
American Society of Civic Engineers and the Water Pollution Control
Federal and/or "Design Criteria for Sewage systems", published by the
Texas Department of Health and the Texas Department of Water
Resources. Exceptions are as noted below under "Technical
Specifications".
(18) Technical Specifications
The specification for materials and workmanship shall conform to the
latest addition of the "Standard Specifications or Public Works
Construction", published by the North Central Texas Council of
Governments.
10.8 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 pavement, they shall be installed :o a
point at least three feet beyond the edge of the pavement.
10.9 Monuments
(1) Monuments shall be located at the intersection of a line three feet
north from parallel to the north line of each block with a line three
feet from and parallel to the east line of the block, unless such
point of intersection occurs within the limits of street paving. In
such a case, alternate monument locations shall be approved by the
City Engineer.
(2) 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 bet-
ween adjacent monuments.
26
f
10.10 Drainage
(1) An adequate storm sewer system consisting of inlet, pipes and/or exca-
vated channels or natural creeks and other underground drainage struc-
tures with approved outlets shall be constructed where runoff of storm
water and the prevention of erosion cannot be accomplished satisfac-
torily by surface drainage facilities. Areas subject to flood con-
ditions as established by the City will not be considered for
development until adequate drainage has been provided.
(2) In general,
underground drainage shall be constructed in
streets and
alleys. If
accepted by the City Engineer, the Developer
may provide,
at his own
expense, a right -of -way easement of sufficient width to
permit excavation and maintenance of an open channel of
satisfactory
depth and width. The Developer shall complete all necessary
excava-
tion on the
channel and shall sod or seed the channel to
prevent ero-
sion. Unless the excavated channel bottom is in Austin Chalk,
t Limestone, or other similar acceptable rock, a reinforced concrete
pilot channel or concrete channel lining may be required by the City
to prevent erosion or for access purposes. Location, type of
1 construction of open channels shall be approved by the City Engineer.
(3) Creeks may remain in open natural condition or excavated channels may
be constructed provided they meet the criteria of the latest addition
of the "Storm Drainage Design Manual" of the City of Plano.
( (4) When a creek or excavated channel is to remain open, or in its natural
t1 condition, it shall meet one of the following requirements:
(a) Creeks or excavated channels with side slopes of 4:1 or flatter
(, from bottom of channel to top of bank may be platted as part of
individual lots. Adequate access and floodway easements shall be
provided to insure protection of these areas for maintenance
purposes.
l
(b) Creeks or drainage ways with banks which have slopes steeper than
4:1 must be maintained by a maintenance entity other than indivi-
dual lot owners. In such cases, the creek or excavated channel
1 shall meet one of the following two requirements:
(1) The area of the floodway shall be provided as a park or
floodway management area. Prior to acceptance of any
drainage way as a floodway management area by the City, the
drainage way shall be cleared of all debris, trash and all
' objectionable underbrush and weeds. All provisions of
Paragraph 2 and 3 above must be met.
(2) Creeks or drainage
ways in any areas which
have private main-
tenance provisions
other than individual
lot owners, shall
not be required as
floodway management areas. However, the
requirements of Paragraph
3 above, shall
apply. The creeks
'
or drainage ways in
these areas shall not be maintained by
the City, utility
adequate access and
floodway easements
shall be provided
to insure protection
of these areas for
maintenance purposes.
(5) Lakes, detention ponds, and retention ponds may be constructed in all
areas provided they are approved by the City Engineer. T ne City may
27
assume maintenance responsibilities for this type of facility, if
approved by the City Council, however, easements shall be provided to
' assure protection of these areas for maintenance purposes.
(6) Other innovative drainage concepts will be considered if approved by
the City Engineer.
C' (7) Brick or Masonry Headwalls. Headwalls constructed in Public Road
right-of-way are suggested to have brick or stone facing. Safety gra-
tes shall be provided on all storm sewers.
(8) Storm sewers may be constructed across the front and sides of all
developments other than residential.
(9) Engineering Design
The Engineering design shall conform to the criteria set forth in the
latest edition of the "Storm Drainage Design Manual", published by the
City of Plano.
(10) Technical Specifications
The specification for materials and workmanship shall conform to the
` latest edition of the "Standard Specifications for Public Works
t Construction," published by North Central Texas Council of
Governments.
` 10.11 Blocks
Block lengths shall not exceed 1000 feet, nor be less than 400 feet.
1 10.12 Crosswalk ways
Crosswalk ways six feet in width shall be dedicated where deemed necessary
by the Commission to provide circulation or access to schools,
playgrounds, shopping centers, and transportation and other community
facilities, or to provide pedestrian circulation within the subdivision.
' Crosswalk ways shall be provided with a concrete sidewalk six feet wide.
10.13 Lots
(1) Lot area, width, setback lines, side yards, and rear yards require-
ments shall be as required in the City's Zoning Ordinance.
(2) Frontage
Each lot shall front upon a public street.
' (3) Side Lot Lines
Side lot lines shall be substantially at right angles to straight
street lines and radial to curved street lines.
(4) Extra Depth and Width in Certain Cases
Where a lot in a residential area backs up to a railroad right-of-way,
a high pressure gasoline, oil and gas line, an arterial street, and
industrial area, or other land use which has a depreciating e� f_ct on
the residential use of property, and where no marginal access stre=t
or other street is provided at the rear of such lot, additional dec_h
may be required by the Commission. In no case shall a residential lot
depth in excess of one hundred seventy-five (175) feet be required.
Where a residential lot sides to any of the above, additional wic=n
shall be required by the Commission, but in no event shall a width in
excess of one hundred (100) feet be required.
(5) Traffic
' I_gts for residential use shall not be fronted on arterial streets,
major thoroughfares and expressways. I-ot arrangements in case of non-
residential uses are subject to the review and approval of the
Governing Body so that traffic congestion and movement problems are
prevented whenever possible.
' SECTION 11. RESPONSIBILITY FOR PAYMENT OF INSTA�I_ATION COSTS
11.1 Water and Sewer Systems
' (1) Where extensions of water and sewer mains are required to serve pro-
perty which has been subdivided or platted for development and resale
and the final plat has been approved by the City Council, the City
shall construct or cause to have constructed such mains upon deposit
of the total cost of such extensions, including the cost of approach
mains fronting property not owned by the developer, but necessary :o
connect the area for which application is made with the City water and
sewer systems.
r The developer will bear the total cost of construction of off -site or
I approaching mains required to interconnect property to be develooed
with existing mains, the sizes to be determined by the City in accor-
dance with the Water Master Plan, and with the only refunds to be the
pro rata as collected by the City. Any refund to the developer shall
not exceed the total of the pro rata charges, or the total cost or the
actual construction, whichever is the lesser amount.
' There shall be a maximum of ten years as the period of eligibility
wherein the original depositor may request a refund of pro rasa
payments under this section. In the event the abutting property is
' not developed during.the said ten year period, then no refund shall oe
made under this section. The period of eligibility shall begin as or
the date of final inspection and acceptance of the extensions by the
city.
The City will return all refunds due from other developers when and as
they are received.
(2) Should the subdivision abut and use a sewer or water main of the City,
the Developer shall pay to the City a pro rata charge as prescribed
' herein for use of the same.
(3) Pro rata charges shall be that portion of the total cost of the
existing water or sewer main necessary to serve the need directly
generated by the subdivision being develooed, as determined by =.ne
City Engineer.
29
III
11.2 Street Construction
(1) The developer shall be responsible for all costs for the installation
of streets in a subdivision, including those streets and related
drainage structures that are deemed by the Commission and govern'-Ig
body to be required because of any or all of the following:
(a) A substantial amount of traffic will be generated from, to or
through the subdivision because of existing and/or future ccn-
ditions; or
(b) The City's Comprehensive Plan indicates a need for certain ma or
streets through or adjacent to the subdivision.
I
(2) In
the case where a subdivision lies wholly within the
extra-
territorial jurisdiction (ETJ) of the city and the subdivision
sna7l
be
adjacent to or adjoin proposed major street, the developer
sha71
pay
the equivalent of one-half (1/2) of the street improvement
costs
for
a thirty-six (36) foot wide street.
' 11.3 Drainage
The developer shall be responsible for all costs for the installation of
the drainage system required to accommodate the needs of the subdivision
being developed to include the carrying of existing water entering the
subdivision.
SECTION 12. F_OOD HAZARD AREAS
F112.1 General
(1) The flood hazard areas of the City of Prosper are subject to period'c
inundation which results in loss of life and property, health aid
[ safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief, and
impairment of the tax base all of which adversely affect the public-
1 ' health, safety and general welfare. These flood losses are caused 3-/:
1 (a) the cumulative effect of obstructions in flood plains taus:-Ig
increases in flood heights and velocities, and (b) the occupancy of
flood hazard areas by uses vulnerable to floods, or hazardous to other
lands, which are inadequately elevated or otherwise protected frcm
flood damages.
' (2) This section is based upon a reasonable method of analyzing fl:cd
hazards, to wit: Flood Hazard Maps provided by the Federal =merge-:y
Management Agency (FEMA).
' _ ...
12.2 Purpose
r ' It is the purpose of this section to promote the public health, safety and
l welfare, and to minimize the losses described in Section 12.1.(1) by pro-
visions designed to:
' (1) Restrict or prohibit subdivision of lands for uses wnich are daneercis
to health, safety or property in times of flood or wnich, witn reas3-
nably anticipated improvements, will cause excessive increases 4n
flood heights or velocities.
30
H
ii (2) Require that each subdivision lot in an area vulnerable to floods oe
provided with a safe building site with adequate access and t-at
' public facilities which serve such uses be installed with protection
against flood damages at the time of initial construction.
(3) Protect individuals from buying lands which are unsuited for inte^_ed
purposes because of flood hazards by prohibiting the subdivision of
unprotected flood hazard lands, requiring that flood hazards areas oe
delineated on the final plat, and reserving through deed restricti:ns
areas not suitable for development.
12.3 Application
This section shall apply to all lands within the jurisdiction of the :':y
of Prosper delineated as flood hazard areas on the FEMA maps.
' 12.4 Warning and Disclaimer of '_iability
The degree of flood protection required under this section is conside-ed
reasonable for regulatory purposes and is based on engineering and scieh-
tific methods of study. Larger floods may occur on rare occasions. F;cod
heights may be increased by man-made or natural causes, such as ice jEMS
and bridge openings restricted by debris. This Ordinance does not im:ly
that areas outside the delineated flood hazard areas or land uses pe~-
mitted within such areas will be free from flooding or flood damages.
This Ordinance shall not create liability on the part of the City of
Prosper or any officer or employee thereof for any flood damages that
result from reliance on this ordinance or any administrative decis':;n
lawfully made thereunder.
12.5 _and suitability
No land shall be subdivided which is held unsuitable for its intended u_e
by the Commission for reasons of flooding, inadequate drainage, soil and
rock formations with severe limitations for development, susceptibility :o
mudslides or earthslides, severe erosion potential, unfavorac
topography, inadequate water supply or sewage ' disposal capabilities, :-
any other feature harmful to the health, safety or welfare of the fu:--e
residents or property owners of the proposed subdivision or the commun•:y
at large. However, the Commission may approve preliminary and final p!_:s
if subdividers improve lands consistent with the standards of this _rd
other applicable ordinances to make subdivision areas, in the opinion
the Commission, suitable for their intended uses. The Commission may a.:o
' approve the preliminary and final plats if subdividers agree to m=:e
suitable improvements and place a sum in escrow pursuant to this ordina-:=
to guarantee performance. In determining the appropriateness or land s-=-
division at a site, the Commission shall consider the objectives of :-'s
' section, and
(1) The danger to life and property due to the increased flood heights :r
velocities caused by subdivision fill, roads, and intended uses.
(2) The danger that intended uses may be swept on to other lands :r
downstream to the injury of others.
' (3) The adequacy of proposed water supply and sanitation s_vs:ems and
ability of these systems to prevent disease, contamination and urs-=.-'-
tary conditions under flood conditions.
31
(4) The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner.
(5) The importance of the services provided by the proposed facility to
the community.
(6) The requirements of the subdivision for a waterfront location.
(7) The availability of alternative locations not subject to flooding for
the proposed subdivision and land uses.
(8) The compatibility of alternative locations not subject to flooding for
the proposed subdivision and land uses.
(9) The relationship of the proposed subdivision to the Comprehensive Plan
and flood Plain Management Program for the area.
(10) The safety of access to the property for emergency vehicles in times
of flood.
(11) The expected heights, velocity, duration, rate of rise and sediment
transport of the flood waters expected at the site.
(12) The costs of providing governmental services during and after flood
conditions including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical and water systems, and
streets and bridges.
12.6 Building Site Improvements
(1) No subdivision or part thereof shall be approved if proposed sub-
division levees, fills, structures or other features will individually
or collectively significantly increase flood flows, heights, or
damages.
(2) Building sites for residences, motels, resorts or other dwelling or
accommodation uses shall not be permitted in floodway areas. Sites
for these uses may be permitted outside the floodway if the sites are
elevated or filled to a height at least 1.5 feet above the elevation
of the regulatory flood or if other provisions are made for elevating
or adapting structures to achieve the same result. Required fill
areas must extend 10 feet beyond the limits of intended structures
and, if the subdivision is not to be sewered, must include areas for
onsite waste disposal.
(3) Building sites for structures not included in 12.6.(2) shall similarly
not be permitted in floodway areas. Such sites located outside flooc-
way shall ordinarily be protected as herein provided. However, the
Commission may allow subdivision of areas for commercial and
industrial use at a lower elevation if the subdivider protects the
areas to a height of 1.5 feet above the regulatory flood elevation by
levees, channel modifications, or other protective techniques; or if
the subdivider assures that uses will be protected through structural
flood -proofing, flood warning system or other techniques soe^ified in
Section 5. `
(4) If the Commission determines that only part of a proposed plat can oe
safely developed, it shall limit development to tnat part and snarl
require that development proceed consistent with this determination.
32
(5) When the subdivider does not intend to develop the plat himself and
the Commission determines that additional use controls are required to
insure safe development, it may require the subdivider to impose
appropriate deed restrictions on the land. Such deed restrictions
shall be inserted in every deed and noted on the face of the final
recorded plat.
12.7 Drainage Facilities
Storm drainage facilities shall be designed to store and convey the flow
f[ of surface waters from a 100 year frequency storm without damage to per-
sons or property. The system shall insure drainage at all points along
streets, and provide positive drainage away from buildings and onsite
waste disposal sites. Plans shall be subject to approval by the Planning
Commission. The Commission may require a primarily underground system to
accommodate frequent floods and a secondary surface system to accommodate
less frequent floods. Drainage plans shall be consistent with local and
regional drainage plans.
12.8 Roads
i...■ The finished elevation of proposed streets shall be no more than 1.0 feet
below the regulatory flood protection elevation. The Commission may
require, where necessary, profiles and elevations of streets to determine
compliance with this requirement. Drainage openings shall be sufficient
to discharge flood flows without unduly increasing flood heights.
t 12.9 Sanitary Sewer Facilities
t (1) The Commission may prohibit installation of sewage disposal facilities
I ' requiring soil absorption systems where such systems will not function
due to high ground water, flooding, or unsuitable soil charac-
teristics. The Commission may require that the subdivider note on the
face of the plat and in any deed of conveyance that soil absorption
' fields are prohibited in designated areas.
(2) The Commission may prescribe adequate methods for waste disposal. If
' a sanitary sewer system is located on or near the proposed sub-
division, the Commission shall require the subdivider to provide
sewage facilities to connect to this system where practical, and shall
prescribe the procedures to be followed by the subdivider in con-
nccting to the system.
12.10 Water Facilities
All water systems including individual wells located in flood prone areas,
whether public or private, shall be flood -proofed to a point at or above
the flood protection elevation. If there is an existing public water
supply system on or near the subdivision, the Commission may require the
subdivider to convert to this system.
` 12.11 Erosion and Sediment Control Measures
t The Commission may require the subdivider to utilize grading techniques,
subdivision design, landscaping, sedimentation basins, special vegetazion
cover, and other measures to reduce erosion and sediment.
12.12 Flood-Proofina
33
The Commission may, as a condition of approving any plat for an area sub-
ject to flooding, require flood -proofing of intended uses. Flood -proofing
plans must be individually approved by the Commission before such uses are
constructed. Flood -proofing may include:
rm (1) Anchorage to resist flotation and lateral movement.
(2) Installation of watertight doors, bulkheads, and shutters, or similar
methods of closure.
' (3) Reinforcement of walls to resist water pressures.
(4) Use of paints, membranes, or mortars to reduce seepage of water
through walls.
(5) Addition of mass or weight to structures to resist flotation.
' (6) Installation of pumps to lower water levels in structures.
(7) Construction of water supply and waste treatment systems so as to pre-
vent the entrance of flood waters.
(8) Installation of pumps or comparable facilities for subsurface drainage
systems to relieve external foundation wall and basement flood
pressures.
(9) Building design and construction to resist rupture or collapse caused
by water pressure or floating debris.
(10) Installation of valves or controls on sanitary and storm drains which
permit the drains to be closed to prevent back-up of sewage and storm
waters into buildings or structures.
l (11) location and installation of all electrical eauipment, circuits and
electrical appliances so that they are protected from innundation by
the regulatory flood.
I ' (12) 1_ocation of storage facilities for chemicals, explosives, buoyant
materials, flammable liquids or other toxic materials which coulc be
hazardous to public health, safety and welfare at elevation above the
heiaht associated with the regulatory protection elevation; or design
of such facilities to prevent flotation of storage containers, or
damage to storage containers which could result in the escape of toxic
' materials into flood waters.
SECTION 13. PARKS AND OTHER PUB'_TC USES
A dedication of 500 of the total tract acreage shall be required and used
as parkland.
l ! SECTION 14. WHERE SUBDIVISION IS UNIT OF A LARGER TRACT
Where the proposed subdivision constitutes a unit of a larger tract owned
by the subdivider, which is intended to be subsequently subdivided as acgiticnal
I units of the same subdivision, the preliminary and final plats shall .)e ace-,m-
panied by a layout of the entire area, showing the tentative proposed layout of
streets, blocks, drainage, water, sewage, and other improvements for such areas.
34
The overall layout, if approved by the Commission, shall be attached to and
filed with a copy of the approved subdivision plat in the permanent files of the
Planning and Zoning Commission. Thereafter, plats of subsequent units of such
subdivision shall conform to such apoproved overall layout, unless changed by
the Commission. However, except where the subdivider agrees to such change, the
Commission may change such approved overall layout only when the Commission
finds:
(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 15. AUTHORITY OF THE PLANNING AND ZONING COMMISSION
The Planning and Zoning Commission is hereby authorized and directed to
promulgate rules, regulations, standards and specifications for the construc-
tion, installation, design, location and arrangement of streets, curbs, street
lights, street signs, alleys, utility layouts, utility easements, gates for uti-
lity easements, sidewalks, water supply and water distribution systems, fire
hydrants, sewage disposal systems, septic tanks, water wells, monuments, cri-
teria for drainage easement requirements, drainage facilities, and crosswalk
ways. They shall file same with the City clerk at least 30 days before they
become effective. They may amend the same from time to time, provided that an
amendment must be filed with the City clerk at least 30 days before it becomes
effective. No such rules, regulations, standards and specifications shall
conflict with this or any ordinances of the City of Prosper, 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 16. CONF�ICT WITH OTHER OROINANC-cS
Whenever the standards and specifications in this Ordinance conflict with
those contained in another ordinance, the most stringent or restrictive provi-
sion shall govern.
SECTION 17. S_?ARABI'_iTY C�_AUSE
Should any portion or part of this Ordinance be held for any reason inva-
lid or unenforceable, the same shall not be construed to affect any other valid
portion hereof, but all valid portions hereof shall remain in full force and
effect.
SECTION 18. PENAL_ PROVISIONS
Any person violating any provision of this Ordinance within the corporate
limits or the extra -territorial jurisdiction of the City of Prosper, Texas, shall
be guilty of a misdemeanor, and, upon conviction shall be fined an amount not
exceeding two hundred dollars ($200.00). Each day that such violation continues
shall be a separate offense. Prosecution or conviction under this provision
snall never be a bar to any other remedy or relief for violations of tnis
Ordinance.
'5
This Ordinance shall be effective from and after its passage.
PASSED AND APPROVED this the _
with an effective day
ATTEST:
City Secretary
day of
198
36
SIGNED:
Mayor
CITY OF PROSPER, TEXAS ORDINANCE NO. 94-06
N
OJ
AN ORDINANCE AMENDING ORDINANCE NO. 85-26 OF THE CITY OF
e
(
PROSPER, TEXAS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES
Or
f`
IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING
O
'ry
FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING FOR
0
LM
AN EFFECTIVE DATE OF THIS ORDINANCE.
0
�iWHEREAS,
an individual has questioned whether the
I
('
Subdivision Ordinance of the City of Prosper, Texas, ("Prosper"),
�1
Ordinance No. 85-26, extends to the extraterritorial jurisdiction
[�
of Prosper; and
WHEREAS, the City Council of the City of Prosper ("City
Council") asserts that its Subdivision Ordinance, Ordinance No.
85-26, does extend to and is applicable to the extraterritorial
jurisdiction of Prosper; and
WHEREAS, to remove any doubt as to the jurisdiction of the
Subdivision Ordinance of Prosper, the City Council desires to
Afurther clarify its Subdivision Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
PROSPER, TEXAS:
SECTION 1: Amendment to Prosper Ordinance No 85 26
Section 1.1 - Jurisdiction.
Section 1.1 - Jurisdiction, of the Subdivision Ordinance of
Prosper, Ordinance No. 85-26, is amended to read as follows:
' These regulations shall govern any and every person, firm,
or corporation, or organization owning any tract of land
within the corporate limits or extraterritorial jurisdiction
of the City of Prosper who may hereafter divide the same
into two or more parts for the purpose of laying out any
' subdivision or any tract of land or any addition to the City
of Prosper or its extraterritorial jurisdiction, or for
laying out suburban lots or building lots, or any lots,' and
streets, alleys or parkways or other portions intended for
public use, or the use of purchasers or owners of lots
fronting thereon or adjacent thereto.
t
ORDINANCE AMENDING SUBDIVISION ORDINANCE, ORDINANCE N0. 85-26 - PAGE 1
sl/l:\mbox4\prosper\subdivam.ord/051394
Section 2: Severability Clause. If any section,
subsection, sentence, clause or phrase of this Ordinance is, for
any reason, held to be unconstitutional, such decision shall not
affect the validity of the remaining portions of this Ordinance.
Prosper hereby declares that it would have passed this Ordinance,
and each section, subsection, clause or phrase thereof,
irrespective of the fact that any one or more se
ctions,
subsections, sentences, clauses and phrases be declared
unconstitutional.
' Section 3: Repeal Clause. Except as amended herein, all
the provisions of Ordinance No. 85-26 not previously amended
shall remain in full force and effect.
Section 4: EFFECTIVE DATE. The Ordinance shall be
effective from and after its approval by the City Council and
Cexecution by the Mayor of Prosper.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
PROSPER, TEXAS on this 17th day of MAY 1994.
i
FA Y SMOTHER ON, Mayor
CORRECTLY RECORDED: APPROV D AS TO F
' 9SH RLEY C City Secretary RICHARD M. ABERNATHY
City Attorney
DATE OF PUBLICATION: MAY 25 1994
ORDINANCE AMENDING SUBDIVISION ORDINANCE, ORDINANCE NO. 85-26 - PAGE 2
91/1:\mbox4\prosper\subdivam.ord/051394
RETURN TO: CITY OF PROSPER, P.O. BOX 307, PROSPER, TEXAS 75078
7
J
�1
CITY OF PROSPER, TEXAS
ORDINANCE NO. 94-06
AN ORDINANCE AMENDING ORDINANCE NO. 85-26 OF T►iE CITY OF
PROSPER, TEXAS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES
IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING
FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING FOR
AN EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, an individual has questioned whether the
Subdivision Ordinance of the City of Prosper, Texas, ("Prosper"),
Ordinance No. 85-26, extends to the extraterritorial jurisdiction
of Prosper; and
WHEREAS, the City Council of the City of Prosper ("City
Council") asserts that its Subdivision Ordinance, Ordinance No.
85-26, does extend to and is applicable to the extraterritorial
jurisdiction of Prosper; and
WHEREAS, to remove any doubt as to the jurisdiction of the
Subdivision Ordinance of Prosper, the City Council desires to
further clarify its Subdivision Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
PROSPER, TEXAS:
SECTION 1: Amendment to Prosper Ordinance No. 85-26.
Section 1.1 - Jurisdiction.
Section 1.1 - Jurisdiction, of the Subdivision Ordinance of
Prosper, Ordinance No. 85-26, is amended to read as follows:
These regulations shall govern any and every person, firm,
or corporation, or organization owning any tract of land
within the corporate limits or extraterritorial jurisdiction
of the City of Prosper who may hereafter divide the same
into two or more parts for the purpose of laying out any
subdivision or any tract of land or any addition to the City
of Prosper or its extraterritorial jurisdiction, or for
laying out suburban lots or building lots, or any lots, and
streets, alleys or parkways or other portions intended for
public use, or the use of purchasers or owners of lots
fronting thereon or adjacent thereto.
ORDINANCE AMENDING SUBDIVISION ORDINANCE, ORDINANCE NO. 85-26 - PAGE 1
sl/lt\mbox4\prosper\subdivam.ord/051394
f!
Section 2: Severability Clause. If any section,
subsection,
bsection sentence, clause or phrase of this Ordinance is, for
Iany reason, held to be unconstitutional, such decision shall not
affect the validity of the remaining portions of this Ordinance.
Prosper hereby declares that it would have passed this Ordinance,
and each section, subsection, clause or phrase thereof,
I, irrespective of the fact that any one or more sections,
i subsections, sentences, clauses and phrases be declared
unconstitutional.
Section 3: Repeal Clause. Except as amended herein, all
the provisions of Ordinance No. 85-26 not previously amended
shall remain in full force and effect.
ESection 4: EFFECTIVE DATE. The Ordinance shall be
effective from and after its approval by the City Council and
execution by the Mayor of Prosper.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
PROSPER, TEXAS on this 17th day of
RA Y SMOTHERION, Mayor
CORRECTLY RECORDED:
SAEY
City Secretary
DATE OF PUBLICATION: MAY 25, 1994
MAY 1994.
APPROV D AS TO FO
/_
RICHARD M. ABERNATHY
City Attorney
ORDINANCE AMENDING SUBDIVISION ORDINANCE, ORDINANCE NO. 85-26 - PAGE 2
sl/lt\mbox4\prosper\subdivam.ord/051394
RETURtl TO: CITY OF PROSPER, P.O. BOX 307, PROSPER, TEXAS 75078
ORDINANCE NO. 85-26
AN ORDINANCE ESTABLISHING SUBDIVISION CONTROLS AND REGULATIONS
FOR THE CITY OF PROSPER, TEXAS, AND ITS EXTRATERRITORIAL JURISDICTION;
REPEALING ORDINANCE NO. 84-5 PROVIDING FOR PENALTIES AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Subdivision Ordinance of the City of Prosper, Texas,
has been examined by City Council and certain modifications and
revisions therein are found to be necessary; and
WHEREAS, the existing Subdivision Ordinance of the City of
Prosper should be repealed in its entirety and the new Subdivision
Ordinance substituted therefor.
IT IS THEREFORE ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PROSPER, TEXAS:
SECTION 1. That the document entitled "Subdivision Ordinance"
authenticated by the inscription on the cover thereof of the number
of this ordinance, the date of its passage and the signatures of
the Mayor and City Secretary and maintained on file by the City
Secretary of the City of Prosper, Texas, be and the same hereby is
adopted as the Subdivision Ordinance of the City of Prosper, Texas.
SECTION 2. Ordinance No. 84-5 heretofore adopted by the City
Council of the City of Prosper, Texas, and designated Subdivision
Ordinance shall be and the same hereby is repealed.
SECTION 3. As the Subdivision Ordinance herein adopted contains
penalties, the City Secretary is hereby instructed to comply with the
requirements of State law for the publication of notice of the
adoption of said ordinance and said ordinance shall become effective
immediately upon the expiration of the time period provided by State
law.
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f
THE FOREGOING DULY PASSED by the City Council of the City of
Prosper, Texas, this /,Z_ day of 1985.
ATTEST:
4CCy:� Secretary