Chapter 10: Subdivision Regulation
City of Lowry Crossing, TX Code of Ordinances
ARTICLE 10.01
GENERAL PROVISIONS (RESERVED)
ARTICLE 10.02
SUBDIVISION ORDINANCE
DIVISION 1
Generally
§ 10.02.001 Introduction.
(a) The platting of a subdivision, which includes the approval of a preliminary plat, the approval of
a final plat, and the recording of the final plat in the plat records of the county, is one phase of the
subdivision process. A second phase is the development of the subdivision which includes
construction of such things as streets, drainage, utilities, alleys, curbs, gutters, sidewalks,
driveway approaches, storm sewers, water main or systems, sanitary sewers, septic systems,
utility service, street lighting, other infrastructure and public improvements. Generally speaking,
division 1 through 6 of this article deal with the platting phase and divisions 7, 8, and 9 deal with
the second or development phase. Division 7 deals with general construction regulations.
Division 8 adopts certain “Standard Specifications for Public Works Construction.” Division 9
deals with the required drainage plan and floodplain regulations.
(b) It should be noted that divisions 7 and 8 not only deal with such construction within subdivisions,
but also regulate such construction that is done outside of a subdivision.
(Ordinance 105 adopted 9/15/98)
§ 10.02.002 Authority.
Pursuant to the authority of chapter 212 of the Texas Local Government Code, which is hereby made
a part of these regulations, the city council does hereby adopt the following as the subdivision code of
the city. The purpose of this code is to control the subdivision of land within the corporate limits of the
city and in the extraterritorial jurisdiction of the city in order to provide for the orderly development
of the areas and to secure adequate provisions for traffic, light, air, recreation, transportation, water,
drainage, sewage, and other facilities for the health, safety and welfare of the citizens of the city.
(Ordinance 105, sec. 12-1-1, adopted 9/15/98)
§ 10.02.003 Subdivision defined.
(a) As used herein, the term “subdivision” shall mean the division of any lot, tract or parcel of land
into two (2) or more parts to lay out a subdivision of the tract, including an addition to a
municipality, to lay out suburban, building, or other lots, or to lay out streets, alleys, squares,
parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers
or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts.
(b) A division of a tract includes a division regardless of whether it is made by using a metes and
bounds description in a deed of conveyance, or in a contract for deed, by using a contract of sale,
or other executory contract to convey, or by using any other method.
(c) Except where a subdivision is approved with private streets to be maintained by a homeowners’
association, every subdivision lot shall have frontage on a public street or shall front on a street
that is to be dedicated to the public. Where a subdivision is approved with private streets to be
maintained by a homeowners’ association, every lot shall have frontage on one of the private
streets.
(d) A division of land into parts greater than five acres, where each part has access to a public road
and no public improvement is being dedicated, shall not be considered a subdivision requiring
plat approval as hereinafter provided.
(Ordinance 105, sec. 12-1-2, adopted 9/15/98)
§ 10.02.004 Jurisdiction.
The provisions of this article shall apply to all land within the corporate limits of the city and to all
land within the extraterritorial jurisdiction of the city.
(Ordinance 105, sec. 12-1-3, adopted 9/15/98)
§ 10.02.005 Compliance mandatory.
(a) No subdivision plat shall be filed or recorded and no lot in a subdivision shall be improved or
sold until the final plat of such subdivision has been approved in accordance with the provisions
of this code.
(b) Any violation of any provision of this code that occurs inside the corporate limits of the city shall
constitute a misdemeanor.
(c) Any violation of any provision of this code that occurs outside the corporate limits of the city and
within the extraterritorial jurisdiction of the city shall not constitute a misdemeanor under this
code; however, pursuant to state law and under the provisions of this code, the city shall have the
right to institute an action in the district court to enjoin the violation of any provision of this code
in the extraterritorial jurisdiction of the city.
(Ordinance 105, sec. 12-1-4, adopted 9/15/98)
§ 10.02.006 Policy of city.
(a) The preliminary plat shall be valid for 180 days from date of approval by the city council. Unless
a final plat is filed within this time period a new preliminary plat will have to be filed for
approval.
(b) Final plat approval required for recording.A person may not file for record, or have recorded in
the county clerk’s office, a plat or replat of a subdivision of real property required to be platted
by this article, unless it is approved pursuant to the provisions of this article. (Section 12.002
Texas Property Code)
(c) Final plat approval and recording required for utilities.No entity that serves land with water,
sewer, electricity, gas, or other utility service may serve or connect with such service any land
within the corporate limits of the city or within the extraterritorial jurisdiction of the city, unless
the entity has been presented with or holds a utility connection certificate applicable to such
land issued by the city pursuant to this article. No such certificate shall be issued until a final
plat has been approved. (Sections 212.0115 and 212.012, Local Gov. Code)
(d) Final plat approval and recording required before lots sold.After recording of the final plat, lots
shown to front on a dedicated street, on a street to be dedicated, or fronting on an approved
private street, may be sold, but not before the final plat is recorded.
(e) Subdivision construction.
(1) Subdivision construction shall not start until a “three-way contract,” with appropriate bonds,
has been executed between the developer, the contractor, and the city. A three-way contract
may be approved for specific phases of an approved final plat.
(2) Except as otherwise shown on the approved final plat construction shall be in compliance
with the city’s “Standard Specifications for Public Works Construction” as such standards
are from time to time amended, and in effect on the date of the three-way contract. See
division 8 of this article.
(3) Any approved three-way contract shall not be valid unless construction is started within one
year after execution.
(4) Unless subdivision construction is started within the two-year period following approval of
the final plat, the final plat will have to be reviewed before a three-way contract may be
entered into, and new or amended plans, including but not limited to construction plans,
utility plans and drainage plans, may be required before execution of the three-way contract.
(5) The three-way contract shall specify which construction projects (streets, drainage, etc.)
must be completed and accepted before building permits may be issued and which
improvements may be completed after building permits are issued (street signs, driveway
approaches etc.). If not so specified in the three-way contract, no building permits shall be
issued until all construction has been completed and accepted.
(f) No construction improvement shall be accepted until the required maintenance bond has been
provided.
(g) All construction projects shall be completed pursuant to the final plat, construction plans, and the
utility, street, drainage and other plans submitted as a part of the developer’s platting process.
Every subdivision shall have at least two entry and exit locations.
(h) The approval of a plat shall not be considered an acceptance of any proposed dedication and shall
not impose on the city any duty regarding the maintenance or improvement of any dedicated parts
until the city council makes an actual appropriation of the dedicated parts by entry, use, or
improvement. (Section 212.001 [212.011], Local Gov. Code)
(i) Notwithstanding any zoning provision in regard to lot size, no subdivision lot shall be platted on
a tract smaller than that needed to meet the percolation requirement for the required septic system.
(Ordinance 105, sec. 12-1-5, adopted 9/15/98)
DIVISION 2
Definitions
§ 10.02.031 Definitions of words and terms.
As used in this article, the following words or terms shall have the following meaning:
Block. A parcel of land intended to be used for urban purposes, which is entirely surrounded by public
streets, highways, railroad rights-of-way, public walks, parks or green strips, rural land, drainage
channels, or a combination thereof.
City. The municipal corporation of the City of Lowry Crossing, Texas.
City council. The duly elected governing body of the city.
City engineer. The engineer employed by the city, or the engineer retained as consultants to the city,
or their duly authorized representative.
City official or administrator. Any person, elective or appointive, employee, or any board or
commission authorized or constituted by city ordinance or state law to act in behalf of the city.
Commission. The planning and zoning commission, as appointed by the city council.
Cul-de-sac. A street having one vehicular access to another street and terminated by a vehicular turn-
around.
Developer. The person, business, corporation, or association responsible for the development of the
subdivision or addition. In most contexts, the terms “developer” and “property owner” are used
interchangeably.
Drainage plan. A plan of a subdivision and adjacent land, designed and signed by an engineer or
qualified land planner, trained for such design work. Also called a drainage and floodplain plan.
Easement. A grant by the property owner to the public, a corporation, or persons, for a special purpose
not inconsistent with the general property and the owner and designated as follows:
(1) Easement, utility. A strip of land to be used for utility purposes which shall be kept free of all or
part of any buildings, fences, trees, shrubs, or other improvements or growths which in any way
endanger or interfere with its maintenance or operation and has unobstructed ingress and egress
to and from and upon the said easement.
(2) Easement, drainage. A trench or bed utilized for drainage purposes which shall be kept free of
all or part of any buildings, fences, trees, shrubs, or other improvements or growths which in any
way endanger or interfere with its maintenance or operation and has unobstructed ingress and
egress to and from and upon the said easement.
(3) Easement, fire lane. A lane which conforms to the requirements of the fire code of the city that is
unobstructed and prohibits parking by clearly defined markings.
(4) Public access. A lane which allows vehicular or pedestrian traffic to traverse from one property
to another.
Extraterritorial jurisdiction (ETJ). Land situated as classified by V.T.C.A., Local Government Code
chapter 42.
FEMA. The Federal Emergency Management Agency.
Final plat. A map, drawing or chart prepared according to the provisions of this code, and containing
all engineering and legal data, dedications, and certificates necessary to the recording of same in the
map and plat records of the county.
Floodplain. The area that is determined to have a 1% annual chance (100-year) of flooding, and
consists of the floodway and floodway fringe.
Floodway. The channel of a stream plus any adjacent floodplain areas, that must be kept free of
encroachment so that the 100-year flood can be carried without substantial increases in flood heights.
Floodway fringe. The area between the floodway and 100-year floodplain boundaries.
Land planner. Any person skilled in the art and science of arranging and designing the layout of land
so as to create adequate and desirable building sites, a coordinated street system, and space appropriate
to the efficient removal of stormwater and the provision of public services and utilities all consistent
with the long-range goals and the objectives of a city. A land planner may be trained in any of several
specialties; and where appropriate experience is demonstrated, the term includes architect, engineer,
landscape architect, and surveyor.
Lot. An undivided tract or parcel of land designated as a distinct tract.
Ordinance. As used herein shall also mean code.
Plat. A map or chart of the subdivision. It shall include plan, plat, and replat.
Preliminary plat. The plat required by this code that is not to be recorded for record but is only a
proposed division of land for review and study by the city.
Replatting. The resubdivision of any part or all of any block or blocks of a previously platted
subdivision, addition, lot, or tract.
Right-of-way. The land area provided by dedication for public use for streets, utilities, walks, and other
uses to serve adjoining properties.
Street. Any public or private right-of-way which affords the primary means of vehicular traffic,
whether a designated street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard,
land, place, or otherwise designated.
Street, approved private. As used in this code the term “approved private street” shall mean a private
street within an approved subdivision that is to be maintained and kept open for the benefit of the
several owners of lots fronting thereon by a homeowners’ association having a recorded declaration
that contains language meeting the approval of the city.
Street, arterial or thoroughfare. A principal traffic way more or less continuous across the city or areas
adjacent thereto and shall act as a principal connecting street with state and interstate highways.
Street, collector. A street which is continuous through several residential districts and is intended as a
connecting street between residential districts and thoroughfares, highways, or business district.
Street, perimeter. A street located along the boundary of an existing or proposed subdivision.
Street, residential. A street which is intended primarily to serve traffic within a neighborhood or limited
residential district and which is used primarily for access to abutting properties.
Subdivider. Any person who (1) having an interest in land causes it, directly or indirectly, to be divided
into a subdivision or platted as an addition or who (2) directly or indirectly sells, leases, or develops, or
offers to sell, lease, or develop, or advertises to sell, lease, or develop, any interest, lot, parcel site, unit,
or plat in a subdivision or addition, or, who (3) engages directly or through an agent in the business
of selling, leasing, developing, or offering for sale, lease, or development a subdivision or addition or
any interest, lot, parcel site, unit or plat in a subdivision or addition, or who (4) is directly or indirectly
controlled by, or under direct or indirect common control with any of this code [sic].
Subdivision. See section 10.02.003 for definition.
(Ordinance 105, sec. 12-2-1, adopted 9/15/98)
DIVISION 3
Subdivision Platting Required
§ 10.02.061 Platting required upon subdivision
(a) The owner of any tract of land located within the limits or in the extraterritorial jurisdiction of the
city who divides the tract in two or more parts for any one or more of the following purposes,
must have a plat of the subdivision prepared and approved pursuant to the provisions of this
article:
(1) To lay out a subdivision of the tract;
(2) To lay out an addition to the city;
(3) To lay out a suburban lot, a building lot, or other lots;
(4) To lay out streets, alleys, squares, parks, or other parts of the tract intended to be dedicated
to public use or for the use of purchasers or owners of lots fronting on or adjacent to the
streets, alleys, squares, parks, or other parts.
(b) A division of a tract includes a division regardless of whether it is made by using a metes and
bounds description in a deed of conveyance or in a contract for deed, by using a contract of sale
or any executory contract to convey, or by using any other method.
(c) Exception: A division of land under this provision does not include a division of land into parts
greater than five acres, where each part has access to a public road and no public improvement is
being dedicated. Such a division shall not require the plat provided for in this article.
(Ordinance 105, sec. 12-3-1, adopted 9/15/98)
§ 10.02.062 Subdivision filing fee.
The basic filing fee for filing a preliminary plat or a working plat shall be the fee set out in the city
master fee schedule as that schedule is from time to time amended. Provided, however, and in an effort
to establish a total fee that is equitable to all developers by taking into consideration the complexity
of the subdivision and the engineering work required by the city engineer to review the various plats,
utility plans, and drainage plans, the developer shall pay as an additional “engineering review fee”
the actual cost to the city for such engineering review which shall be billed to the developer as such
costs are incurred. A developer may, in advance of filing his preliminary plat, submit a summary of his
proposed project which may be used to determine an estimate of such total cost.
(Ordinance 105, sec. 12-3-2, adopted 9/15/98)
DIVISION 4
Subdivision Platting Procedure Explained
§ 10.02.091 Platting procedure
(a) The following is a general statement of the platting process. This summary is designed to give a
quick review of the platting procedure and to explain the “working plat” and the “prior to filing
review process.” Although most of the language found in this general summary will be the same
language found in the following divisions and sections of this article that deal more specifically
with preliminary and final plats, such divisions and sections shall govern in the event of a conflict.
(b) The working plat and “prior to filing review process” explained.
(1) Submission and review of a “working plat” is not required by law, but is available to a
developer who may wish to have prior review with staff prior to the official filing of the
preliminary plat. This procedure often allows minor corrections to be made prior to the first
meeting of the commission that may eliminate disapproval or undue delay caused by the
30-day rule. The 30-day rule is a state-mandated rule that requires the commission or
council to act on the preliminary plat or final plat by approving it or disapproving it within
30 days of its filing.
(2) Therefore, prior to the official filing of a preliminary plat with the planning and zoning
commission, it is recommended that the developer proceed with a “prior to filing review
process” by submitting to the city secretary and city staff a plan of platting and development
which will include everything necessary for the approval of the official preliminary plat.
This “prior to filing review process” should, therefore, include a working plat which may
later be renamed and filed as the preliminary plat, a street and drainage plan, a utility plan,
and a “working plat fee.” This working plat fee shall be the same as the basic filing fee for
filing a preliminary plat where the review process is not used. If a working plat fee is paid
the only additional fees are the engineering review fees set out in section 10.02.062.
(3) If this “prior to filing review process” is used by the developer the proposed working plat
must be marked “working plat, not submitted for filing as developer’s preliminary plat.”
Use of this review process will permit the city staff and city engineer to determine if the
“working plat” and accompanying plans are substantially complete in order to become the
official preliminary plat when filed as such. This “prior to filing review process” may
include work sessions with the developer, city staff, the city engineer, and the commission.
When the working plat and plans are found to be substantially complete the working plat
may be renamed and filed as the developer’s official preliminary plat.
(4) As stated above the actual platting process does not start until the preliminary plat is filed
and use of the “prior to filing review process” is strictly voluntary. Any developer may file
his preliminary plat at any time even though this review process is in progress, thus starting
the running of the 30 [day] action period.
(c) The preliminary plat (procedure) explained.
(1) The official platting process starts with the filing of a preliminary plat with the planning and
zoning commission. All filing fees are paid and the plat is stamped with a filing date. The
plat, together with the street and drainage plan and utility plan, shall be sent to the city
engineer for review and a meeting of the planning and zoning commission shall be
scheduled for approval or disapproval of the proposed plat. If the plat and plans are the same
as the those [sic] approved during the “prior to filing review process” additional review by
the city engineer will not be necessary unless requested by the commission. The planning
and zoning commission must act on the preliminary plat within 30 days from the date of
filing. The action of the planning and zoning commission must be to approve, disapprove,
or “disapprove without prejudice.”
(2) A disapproval without prejudice will permit the refiling of the plat without the developer
having to start over with the platting process or paying again the basic filing fee. The
developer may (i) request that the plat be stamped with a new filing date or (ii) may advise
the commission that a revised preliminary plat will be submitted for stamping with a new
filing date. In either case the stamping of a new filing date will start a new 30-day period
commencing for action by the planning and zoning commission.
(3) When a plat is disapproved it will be considered as disapproved “with prejudice” and the
plat shall not be forwarded to the city council. The planning and zoning commission may,
where facts warrant reconsideration, change its “disapproval” of a plat to “disapproval
without prejudice.”
(4) When a plat is approved the chairman of the planning and zoning commission shall sign the
approval certificate on the face of the plat and the plat, together with all street, utility and
drainage plans, shall be forwarded to the city council for consideration. The certificate
should be dated the date of the commission meeting at which the plat was approved as this
will start another 30-day period as mentioned below.
(5) The date of the commission meeting at which the plat was approved starts another 30-day
period during which the city council must act on the plat by approval, disapproval or
disapproval without prejudice. The procedure for approval or disapproval before the city
council is the same as outlined above. When a plat is approved by the city council the mayor
will sign the approval certificate on the plat. Approval of the preliminary plat by the city
council shall not be effective after the expiration of one hundred eighty (180) days from the
date of approval. (See section 10.02.129.)
(d) The final plat (procedure) explained.
(1) After approval of a preliminary plat by both the planning and zoning commission and the
city council, the developer may file (within the required time) a final plat with the planning
and zoning commission. The approval of the preliminary plat by the city council shall not
be effective after the expiration of one hundred eighty (180) days from the date of approval.
(See section 10.02.129 for certain exceptions.)
(2) The final plat is considered by the planning and zoning commission and the city council in
the same manner as the preliminary plat was considered and acted upon.
(3) When a final plat is ready for approved [approval] by the city council the developer shall
have one white mylar ready for final execution of the approval certificates by the mayor and
the re-execution by chairman of the P&Z commission. The P&Z chairman will date the
certificate with the date the plat was approved by the commission. The developer will also
have one blackline copy to be retained by the city secretary. The approved final plat mylar
is then used to make two aperture cards required by the county clerk and seven blackline
copies to be returned to the city with the county clerk’s file mark noted thereon. The city
secretary shall mark each of these copies as having been returned to the city and return one
copy to the developer to receipt his return of the plat to the city and shall deliver the
remaining six copies to the various city departments. (See section 10.02.152(e).)
(4) The approval of the preliminary plat by the city council shall not be effective after the
expiration of one hundred eighty (180) days from the date of approval. (See section
10.02.129.)
(Ordinance 105, art. 4, adopted 9/15/98)
DIVISION 5
Preliminary Plat
§ 10.02.121 Preliminary plat procedure before commission and council.
(a) The developer or developer [sic], shall prepare and file with the city planning and zoning
commission a preliminary plat in accordance with the regulations of this article. The city
secretary shall stamp the preliminary plat with a file date.
(b) Once the preliminary plat has been filed its consideration shall be placed on the next regular
agenda of the planning and zoning commission for approval, disapproval, or disapproval without
prejudice. Because the planning and zoning commission meets in regular session only once each
month and must approve or disapprove a plat within 30 days, any developer who has not used the
“prior to filing review process” may have his plat disapproved if it is filed on a date that will not
allow proper review. For this reason use of this review process is highly recommended. (See
section 10.02.091.)
(c) The planning and zoning commission shall act on the preliminary plat within 30 days from the
date of filing. The action of the planning and zoning commission shall be to approve, disapprove,
or disapprove “without prejudice.”
(d) A disapproval without prejudice will permit the refiling of the plat without the developer having
to start over with the platting process or paying again the basic filing fee. The developer may (i)
request that the plat be stamped with a new filing date or (ii) may advise the commission that a
revised preliminary plat will be submitted for stamping with a new filing date. In either case the
stamping of a new filing date will start a new 30-day period commence for action by the planning
and zoning commission.
(e) When a plat is disapproved it will be considered as disapproved “with prejudice” and the plat
shall not be forwarded to the city council. The planning and zoning commission may, where facts
warrant reconsideration, change its “disapproval” of a plat to “disapproval without prejudice.”
(f) When a plat is approved the chairman of the planning and zoning commission shall sign the
approval certificate on the face of the plat and the plat, together with all street, utility and drainage
plans, shall be forwarded to the city council for consideration. The certificate should be dated the
date of the commission meeting at which the plat was approved as this will start another 30-day
period as mentioned below.
(g) A developer may, at any time, file a written request that a plat be withdrawn from consideration.
After the filing of such a request the plat shall not be reconsidered until a new plat has been filed
or a new filing date has been requested and stamped on the face of the plat originally filed.
(Ordinance 105, sec. 12-5-1, adopted 9/15/98)
§ 10.02.122 General requirements for preliminary plat.
(a) An application in writing shall accompany the preliminary plat to be filed, together with six (6)
prints of said plat. The city secretary, acting as secretary to the planning and zoning commission,
shall stamp the file date on the face of each print, one of which shall be retained together with the
original application. No plat will be considered for approval by the commission until the basic
filing fees have been paid and the developer delivers to the commission a letter agreeing to pay
the “additional review fee” described in section 10.02.062 of this article.
(b) The plat shall be drawn to a scale of one hundred feet to the inch (1" = 100') and be 24" x 36" in
size. Copies may be blackline or blueline.
(Ordinance 105, sec. 12-5-2, adopted 9/15/98)
§ 10.02.123 Preliminary plat shall include the following.
(a) Existing features.
(1) Subdivision boundary lines, indicated by heavy lines, and the computed acreage of the
subdivision.
(2) The location, widths, and names of all existing or platted streets or other public ways, within
or adjacent to the tract; existing permanent buildings and easements; railroad right-of-way;
and any other right-of-way or important feature.
(3) Existing sewer mains, water mains, drainage culverts, or other underground structures
within the tract and within two hundred feet (200') thereto with pipe sizes, grades, and
locations indicated.
(4) Contours with intervals of two feet (2') or less, referred to mean sea level datum.
(5) The names of adjacent subdivisions and/or the names of record owners of adjoining parcels
of unplatted land. If there is adjacent platted or unplatted land containing streets, alleys, or
drainageways, the preliminary plat shall show how the streets, alleys or drainageways of the
proposed subdivision will connect with the adjacent land. If there is no adjacent land having
such features, a map on a small scale shall be included with the preliminary plat to show the
nearest subdivisions in each direction that are located within 2,000 feet of the proposed
subdivision.
(6) Permanent structures and uses within the subdivision including location of houses, barns,
walls, wells, tanks, and other significant features.
(7) The exact location, dimension, description, and flow line of existing drainage structures and
the locations, flow line and floodplain of existing watercourses within the subdivision.
(8) Utilities on the tract, specifying size of lines, and those which are transmission lines.
(9) Other conditions adjacent to the tract affecting the design of the subdivision including such
information as may be available from field observation, aerial photographs and available
maps.
(b) New features.
(1) The proposed name of the subdivision.
(2) North point, scale, date, and approximate acreage of the proposed subdivision.
(3) The names and addresses of the subdivider and of the engineer, surveyor, or planner.
(4) The designation of the proposed uses of land within the subdivision.
(5) All parcels of land intended to be dedicated for public use or reserved in the deeds for the
use of all property owners in the proposed subdivision, together with the purpose and
conditions or limitations of such reservations.
(6) The layout, names, and widths of proposed streets, alleys, and easements.
(7) The layout, numbers, setback lines, and approximate dimensions of proposed lots, blocks,
parks, etc.
(8) Legal description of the property to be subdivided, and metes and bounds description of the
subdivision perimeter.
(9) Primary control points or descriptions, and ties to such control points to which all
dimensions, angles, bearings, block numbers and similar data shall be referred.
(10) Location of city limits lines, the outer border of the extraterritorial jurisdiction, and zoning
district boundaries, if they traverse the subdivision, or form part of the boundary of the
subdivision, or are contiguous to such boundary.
(11) Any proposed changes in topography shown by contour lines on a basis of five feet vertical
interval in terrain with a slope of two percent or more, and on a basis of two feet vertical
interval in terrain with a slope of less than five percent; public agency source of datum shall
be specific [specified] on the plan.
(12) A number or letter to identify each lot or site and each block.
(13) Data specifying the gross area of the subdivision, the proposed number of lots and area
thereof, and the approximate area in nonresidential use.
(14) The district boundaries of existing zoning and any proposed zoning.
(15) Front building setback lines on all lots and tracts. Side yard building setback lines at street
intersections and crosswalks.
(16) (A) A copy of all existing protective covenants regulating the use of the land or the
construction of improvements shall be submitted with the preliminary plat. Also, a
copy of any protective covenants proposed by the subdivider to regulate land use and
otherwise protect the proposed development shall be attached.
(B) If a homeowners’ association is required or is to be formed for maintenance of
common areas, a copy of the association agreement that is to be recorded shall be
submitted. All common areas shall be designated on and made a part of the plat
including any “common areas of city interest.”
(C) The term “common areas of city interest” shall mean common areas over which the
city may wish to exercise the same maintenance power of the homeowners’
association, including the right of assessment for payment of maintenance costs in the
event the association fails in its maintenance obligation. In this regard the city may
require the recorded association agreement to contain provisions meeting this
requirement which shall be approved by the city council and as to form by the city
attorney. Examples of “common areas of city interest” might include, but not be
limited to, such features as detention lakes, retention ponds, swimming pools, common
drainage areas, common creek or river areas, and common area private roads that are
maintained as private roads for the benefit of the owners within the subdivision and
the owners fronting thereon.
(Ordinance 105, sec. 12-5-3, adopted 9/15/98)
§ 10.02.124 Utility plan to accompany preliminary plat.
There shall be submitted with the preliminary plat a utility plan of the proposed water and sanitary
sewer mains and proposed underground drainage facilities, including drainage areas, location of lines,
inlets, culverts, bridges, and calculated runoff and points of concentration. Notwithstanding any zoning
provision in regard to lot size, no subdivision lot shall be platted on a tract smaller than that needed to
meet the percolation requirement for the required septic system.
(Ordinance 105, sec. 12-5-4, adopted 9/15/98)
§ 10.02.125 Drainage plan to accompany preliminary plat.
Unless adequately covered as a part of the utility plan, and waived in writing by the city engineer, a
separate drainage plan must be submitted together with the preliminary plat. (See division 9 of this
article for drainage and floodplain requirements.)
(Ordinance 105, sec. 12-5-5, adopted 9/15/98)
§ 10.02.126 Location map.
There shall be filed with the preliminary plat a location map of the proposed subdivision on a scale of
one inch to one thousand feet (1" - 1,000') showing existing and proposed streets and thoroughfares
covering an area at least one (1) mile outside the proposed subdivision.
(Ordinance 105, sec. 12-5-6, adopted 9/15/98)
§ 10.02.127 Cross-section plan.
There shall be filed with the preliminary plat a typical cross-section plan of proposed streets showing
the width of pavement, type of pavement, and location and width of sidewalks. Street construction
must meet minimum standards for such streets as established by the city. (See division 8 of this article.)
(Ordinance 105, sec. 12-5-7, adopted 9/15/98)
§ 10.02.128 Approval certificate for preliminary plat.
The following certificate shall be placed on the face of the preliminary plat.
APPROVAL CERTIFICATE
APPROVED _________________________________, 20_____.
Planning and Zoning Commission
By: ______________________________________
Chairman, Planning and Zoning Commission
City of Lowry Crossing, Texas
APPROVED _________________________________, 20_____.
City Council,
City of Lowry Crossing, Texas
By: ______________________________________
Mayor, City of Lowry Crossing, Texas
Attest: ______________________________________
City Secretary
(Ordinance 105, sec. 12-5-8, adopted 9/15/98)
§ 10.02.129 Approval of preliminary plat effective 180 days.
The approval of the preliminary plat by the city council shall not be effective after the expiration of
one hundred eighty (180) days from the date of approval, unless such period is extended by the city
council, or a final plat of the subdivision, or a portion thereof, has been filed for consideration. Upon
the filing of a final plat of a portion of an approved preliminary plat, the effective date of the remaining
portion of the preliminary plat shall be extended for an additional 180 days.
(Ordinance 105, sec. 12-5-9, adopted 9/15/98)
DIVISION 6
Final Plat
§ 10.02.151 Final plat procedure before commission and council.
(a) The developer shall prepare and file with the city planning and zoning commission a final plat in
accordance with the regulations of this article. The city secretary shall stamp the proposed final
plat with a file date.
(b) Once the final plat has been filed its consideration shall be placed on the agenda of a meeting of
the planning and zoning commission for approval, disapproval or disapproval without prejudice.
Because the planning and zoning commission must approve or disapprove a plat within 30 days
after the date the plat is filed the developer should work with the city secretary so the filing date
provides adequate time for proper review within the 30-day period.
(c) The planning and zoning commission shall act on the final plat within 30 days from the date of
filing. The action of the planning and zoning commission shall be to approve, disapprove, or
disapprove “without prejudice.”
(d) A disapproval without prejudice will permit the refiling of the plat without the developer having
to start over with the platting process or pay additional fees. The developer may (i) request that
the plat be stamped with a new filing date or (ii) may advise the commission that a revised
preliminary [final] plat will be submitted for stamping with a new filing date. In either case the
stamping of a new filing date will start a new 30-day period commence for action by the planning
and zoning commission.
(e) When a plat is disapproved it will be considered as disapproved “with prejudice” and the plat
shall not be forwarded to the city council. The planning and zoning commission may, where facts
warrant reconsideration, change its “disapproval” of a plat to “disapproval without prejudice.”
(f) When the final plat is approved the chairman of the planning and zoning commission shall sign
the approval certificate on the face of the plat and the plat, together with all street, utility and
drainage plans, shall be forwarded to the city council for consideration. The certificate should be
dated the date of the commission meeting at which the final plat was approved as this will start
another 30-day period as mentioned below.
(g) A developer may, at any time, file a written request that a plat be withdrawn from consideration.
After the filing of such a request the plat shall not be reconsidered until a new plat has been filed
or a new filing date has been requested and stamped on the face of the plat originally filed.
(Ordinance 105, sec. 12-6-1, adopted 9/15/98)
§ 10.02.152 Size, number of copies and general filing procedure for the final plat.
(a) General filing procedure.
(1) The developer will be required to supply a certain number of copies to the planning and
zoning commission and the city council as the final plat moves through the approval
process. When the final plat is ready for council approval the approval certificates will be
executed on a white mylar, hereon called the original mylar. After execution of the approval
certificates this original mylar should be used to make two aperture cards and seven
blackline copies to be returned to the city after filing with the county clerk.
(2) This original mylar, the two aperture cards and the several blackline copies are taken to the
county clerk for filing. The county clerk uses the aperture cards to record the plat on
microfilm. The developer should have the county clerk place the filing mark, with volume
and page, on the blackline copies that are to be returned to the city by the developer.
(3) It should be noted that the county clerk sends the mylar to the central appraisal district,
therefore, the developer should check with the county clerk about providing a second mylar
for the appraisal district if the developer wishes to have the original mylar returned to
developer. In any event, all final blackline copies and the aperture cards should be made
from the original mylar.
(4) The county clerk requires that the 24" x 36" mylar be a white mylar, not a sepia, and all
copies be blackline copies, not blueline copies. All the required copies listed below are
listed as blackline copies, however, copies delivered to the city for review by the P&Z
commission and city council during the approval process may be blueline copies.
(b) Copies required to be filed with the planning and zoning commission.
(1) One 24" x 36" blackline for the city secretary on which the official file date shall be
stamped.
(2) One 24" x 36" blackline for each P&Z commissioner.
(3) One 24" x 36" blackline for the city engineer.
(4) One 24" x 36" blackline for the city attorney.
(c) Copies required at the time of approval by the planning and zoning commission.When the final
plat is approved by the P&Z the developer should have the following copies ready for
commission approval and execution of the approval certificate by the chairman of the planning
and zoning commission.
(1) One 24" x 36" blackline for the city secretary on which the official file date shall be
maintained.
(2) One 24" x 36" blackline for each city council member.
(3) One 24" x 36" blackline to be reviewed by the city engineer.
(4) One 24" x 36" blackline for the city attorney.
(d) Copies required at the time of final approval of the city council.
(1) When the final plat is to be approved by the city council the developer should have the
following copies ready for council approval:
(A) One 24" x 36" original white mylar.
(B) One 24" x 36" blackline copy that will be retained by the city secretary.
(2) The approval certificates will be executed on the original white mylar which should be used
to make two aperture cards and 7 blackline copies to be returned to the city after filing with
the county clerk. See subsection (a) above.
(e) Copies required to be returned to the city after filing with the county clerk.Seven blackline
copies containing the county file mark shall be to be returned to the city after filing with the
county clerk. The city secretary shall mark each copy as having been returned to the city and
shall deliver them as follows:
(1) One blackline copy will be given back to the developer to receipt his return of the plat to
the city.
(2) One blackline copy shall be maintained as a part of the city secretary’s subdivision plat files.
(3) One blackline copy shall be sent to the planning and zoning commission.
(4) One blackline copy shall be sent to the city attorney.
(5) One blackline copy shall be sent to the city engineer.
(6) One blackline copy shall be sent to the city map department.
(7) One blackline copy shall be sent to the county 911 office.
(Ordinance 105, sec. 12-6-2, adopted 9/15/98)
§ 10.02.153 Final plat shall include the following.
(a) The final plat shall be in proper form for filing with the office of the county clerk. (See section
10.02.152.) The originals and copies shall be 24" x 36" in size and clearly legible so that the plat
can be reproduced on the aperture cards required by the county clerk. The plat should be drawn
to a scale of one inch equals one hundred feet (1" = 100') or larger. It shall contain the following,
and any additional matter required by the commission or the city council:
(1) The name or names of the owner and developer; the name of the proposed subdivision and
any adjacent subdivisions.
(2) The name and address of the registered professional land surveyor who prepared the survey.
(3) The designation of total number of lots and total acreage.
(4) The name of streets, which should follow a consistent theme. Whenever possible, the names
should conform to existing street names.
(5) The numbers of lots and blocks, in accordance with the systematic arrangement approved
by the city.
(6) The north point, date, acreage being subdivided, and scale. All plats shall be on a scale of 1
inch equals 100 feet or larger.
(7) An accurate boundary survey of the property, with bearings and distances referenced to the
corner of an existing survey or established subdivisions, with complete and accurate field
notes of said boundaries. The lines with dimensions of all adjacent lands and the lines with
dimensions of adjacent streets, alleys, and easements in adjacent subdivisions shall be
shown in dashed lines.
(8) The location of proposed lots, streets, alleys, easements, building setback lines (both front
and side streets), and other features.
(9) All necessary dimensions, including linear, angular and curvilinear, and other surveying
information necessary to reproduce the plat on the ground with the linear and curvilinear
dimensions shown in feet and decimals of a foot.
(10) The angular dimensions shall be shown by true bearings. The length of all straight lines,
deflection angles, radii, tangents and central angle of curves shall be shown. All curve
information shall be shown for the centerline of the street. Dimensions shall be shown from
all angle points and points of curve of lot lines. All lots on curves shall be shown with the
curve length dimensions based on arc definitions.
(11) All survey monuments shall be shown on the plat.
(12) All deed restrictions that are to be filed with the plat.
(13) An accurate outline description, and area to the nearest hundredth of an acre of all parcels
of land which are offered for dedication, reserved for public use, reserved in the deeds for
the use of all property owners in the proposed subdivision, or reservations for other uses,
together with the purpose and conditions or limitations of such reservations and/or
dedications, if any.
(14) A location map of the proposed subdivision at a scale of 1 inch to 2,000 feet showing
existing and proposed major features covering an area of at least one mile in all directions.
(15) The following certification by a registered professional land surveyor, licensed by the State
of Texas, shall be placed on the final plat:
KNOW ALL MEN BY THESE PRESENTS:
THAT I, _____, do hereby certify that I prepared this plat from an actual and accurate
survey of the land and that the corner monuments shown thereon shall be properly placed,
under my personal supervision, in accordance with the subdivision regulations of the City
of Lowry Crossing, Texas.
_________________________________, (SEAL)
(16) A certificate of ownership with dedication to the public of all streets, easements, parks, open
spaces, and other public ways and public places to be dedicated to the public. Said
certificate shall not provide that the dedicated parts are accepted by the city. Approval of
the plat shall not be considered acceptance of any of the parts dedicated. Any acceptance by
the city shall be governed by V.T.C.A., Local Government Code section 212.011, to wit:
formal written acceptance, or by entry, use or improvement.
(17) The following certificate shall be placed on the final plat.
APPROVAL CERTIFICATE
APPROVED _________________________________, 20_____.
Planning and Zoning Commission
By: _________________________________,
Chairman, Planning and Zoning Commission
City of Lowry Crossing, Texas
APPROVED _________________________________, 20_____.
City Council,
City of Lowry Crossing, Texas
By: _________________________________,
Mayor, City of Lowry Crossing, Texas
Attest: _________________________________,
City Secretary
(b) Special note: When the final plat is approved by the city council the approval certificate on the
white mylar shall be signed by the mayor and chairman of the planning and zoning commission.
See section 10.02.152 for the number and kind of copies required at the time of approval by the
city council, the number and type of copies to be filed with the county clerk, and the number and
type of copies that must be returned to the city secretary after filing with the county clerk,
(Ordinance 105, sec. 12-6-3, adopted 9/15/98)
DIVISION 7
Subdivision Development and Development Outside Subdivision
§ 10.02.181 Development and construction of roads and public improvements
(a) This division shall apply to development and construction of roads and public improvements,
both within a platted subdivision and outside a platted subdivision, if any such construction is
within the corporate limits of the city or its extraterritorial jurisdiction. It shall also apply to roads
that will be maintained as private roads for the benefit of several owners fronting thereon.
(b) All construction work within the city or its extraterritorial jurisdiction on any road, street, or
public improvement, within or without a subdivision, that will be dedicated to the city, or will be
maintained as a private road for the benefit of several owners fronting thereon, shall be done in
accordance with the requirements, rules, regulations and specifications of the laws of this state
and the ordinances and codes of the city. All such construction work shall be set out in a contract
with plans, and specifications, and shall be completed in accordance with such contract.
(c) The plans and specifications of such construction work shall show in detail the work to be
accomplished under the contract, shall conform to the street, utility and drainage plans submitted
during the platting process unless otherwise approved by the city council and shall conform to
the Standard Specifications for Public Works Construction as set out and adopted by the city in
division 8 of this article. Where supplementary bridge plans, shop drawings, and detail drawings
are necessary, they shall be furnished by the developer or contractor and approved by the city
prior to the beginning of the work involved. All plans shall contain the seal of a registered
professional engineer, licensed to practice in the State of Texas, and experienced in road, utility,
drainage and storm sewer design. Approval by the city of the developer’s drawings will not
relieve the contractor of any responsibility under the contract.
(d) The provisions of this division shall apply to any person, corporation, or other business entity,
doing or causing such construction work to be done within the city or the extraterritorial
jurisdiction of the city. The singular use in this division of the term “developer,” “contractor,” or
“subdivider” shall not be limited to that single classification, and the use of each such term shall
also mean any person, corporation, or other entity doing such work.
(e) The developer or contractor will furnish and set construction stakes establishing lines and grades
in roadway work and centerlines and benchmarks for bridge work and will furnish all other
necessary information relating to lines and grades.
(f) The developer shall employ a registered professional engineer or a qualified laboratory testing
agent for each project. Such engineer or agent shall ensure that construction will be in accordance
with the approved plans and specifications. Duties of the engineer or agent will include, but will
not be limited to, inspection, testing compaction, moisture content, and lime application rate of
the subgrade, inspection and testing plasticity index (PI) and lime application rate of the
foundation course, and testing application rates, thickness, density, and inspection of the
installation of the roadway surface course. The city and contractor will receive reports of all items
and those not in compliance with the specifications shall have recommendations for corrective
action. The city will have full authority to ensure that the corrective action required will be made.
The developer will bear the cost of the engineer or agent and any required testing. Samples and
testing results shall be furnished to the city. Material testing shall meet the requirements of the
Standard Specifications for Public Works Construction as set out and adopted by the city in
division 8 of this article.
(g) Whenever the work provided for in, and contemplated under, the contract, has been completed
and the final cleanup performed, the developer will notify the city by letter addressed to the
mayor and mailed or delivered to the mayor or city secretary. The city will conduct the “final
review” which will be made within ten (10) days after such notification or as soon thereafter as
practicable. After such final review, if the work is found to be satisfactory, the developer will be
notified. If not satisfactory, the developer will be notified in writing of the corrective action
required for approval.
(h) Where the work consists of concrete pavements, final acceptance will not relieve the developer
from responsibility for the thickness of the concrete, which will be determined by means of taking
cores from pavement. The coring of the pavement will be done within thirty (30) days from the
completion of the pavement or as otherwise called for in the three-way contract. The developer
will bear the expense of having the pavement cored.
(Ordinance 105, sec. 12-7-1, adopted 9/15/98)
§ 10.02.182 Contract required and bonding requirements.
Each subdivision developer, property owner, and/or contractor, before starting construction of any
road, street, alley, curb, gutter, drainage, sidewalk, driveway approach, storm sewer, water main or
system, sanitary sewer, utility service, street lighting, or other public improvement or improvement
intended to be dedicated to the city, or any private street that will be maintained for the benefit of
several owners fronting thereon, shall enter into a contract with the city, herein called a three-way
contract, to be executed by the owner/developer, the contractor who will do the work, and the city.
Said contract to contain, but not be limited to, the following provisions, and shall follow generally the
sample contract shown as exhibit A at the end of this division.2
(1) Identification of the owner and the contractor that will construct the streets, alleys, curbs, gutters,
drainage facilities, water mains, or sanitary sewers by name, address and individual authorized or
entitled to contract on behalf of said contractor.
(2) A summary description of the improvements to be constructed and incorporating into said
contract by reference all special provisions, plans, working drawings, and plats approved by the
city council.
(3) A covenant that the work to be performed will be performed pursuant to the Standard
Specifications for Public Works Construction adopted by the city; and an acknowledgment that a
copy of all such provisions has been acquired by and are in the personal possession of each party
to the contract.
(4) The total consideration to be paid for the work to be performed including the contract price for
preparation and construction of the streets, drainage improvements, utilities, extension and/or
installation of any water and sanitary sewer systems, permanent corner markers, and the seeding
of all roadsides and rights-of-way.
(5) The date that work to be performed will be completed.
(6) A statement sufficiently identifying the subdivision involved.
(7) Proof or adequate evidence of the execution and filing of good and sufficient performance and
payment bonds or other acceptable surety to secure the contractor’s performance of the work in
- Editor’s Note: Exhibit A is included as an attachment to this chapter
accordance with the plans, specifications, and contract conditions, and the payment of obligations
for labor or materials. A cash bond may, under special circumstances, be approved by the city
council as security in lieu of the performance, payment and maintenance bonds when the contract
amount is less than $25,000.00. Such cash bond shall be prepared pursuant to a separate written
agreement approved by the city council and approved as to form by the city attorney,
(8) An agreement that upon completion of the work and prior to acceptance by the city, the contractor
will deliver to the city a maintenance bond providing that said contractor shall maintain said work
and keep the same in good repair for the maintenance period of one (1) year from the date of
written acceptance by the city.
(Ordinance 105, sec. 12-7-2, adopted 9/15/98)
§ 10.02.183 Bonds.
Unless other acceptable surety is approved by the city council the following bonds approved by the
city council shall be required:
(1) A performance bond for the protection of the city, payable to the city, in the full amount of the
contract price. Said bond shall be conditioned on faithful performance of the work in accordance
with the plans, specifications, and contract conditions, and shall be executed by a corporate surety
authorized to business in this state and in accordance with V.T.C.A., Insurance Code chapter
3503, subchapter A and having a “Best Rating of A.” The city engineer or other competent
authority acting in that capacity shall approve the amount of such surety and the bond shall be
approved as to form by the city attorney.
(2) A payment bond which shall be for the use and payment of bond beneficiaries who have a direct
contractual relationship with the prime contractor or a subcontractor to supply the work labor or
material. The payment bond shall be in the amount of the contract, executed to the city by a
corporate surety authorized to business in this state in accordance with V.T.C.A., Insurance Code
chapter 3503, subchapter A, having a “Best Rating of A” and approved as to form by the city
attorney.
(3) The performance bond or other surety for performance may be released to the proper party upon
completion of the following:
(A) The city engineer or other officer appointed by the city council certifies to the city council
that the streets and other improvements have been completed as required by and to the
specifications contained in the regulations of the city; and
(B) A maintenance bond or other acceptable surety bond has been executed and delivered to the
city for approval as to form by the city attorney, and final approval by the city council.
(4) The maintenance bond. After the work to be performed pursuant to the contract has been
completed but before said work is accepted in writing by the city, a maintenance bond shall be
delivered to the city. Said bond shall be in the amount of the contract, executed by a corporate
surety authorized to business in this state in accordance with V.T.C.A., Insurance Code chapter
3503, subchapter A, having a “Best Rating of A” and approved as to form by the city attorney.
The maintenance bond shall provide that the contractor (principal) and the surety shall be firmly
bound unto the city, on condition that said contractor shall maintain said work and keep the same
in good repair for the maintenance period of one (1) year from the date of written acceptance by
the city.
(Ordinance 105, sec. 12-7-3, adopted 9/15/98)
§ 10.02.184 Council discretion.
All provisions of this division notwithstanding, the city council shall have full discretion to waive
or alter the requirements of this division, and limit or totally eliminate the bond requirements of this
division, where the contract is less than $15,000.00.
(Ordinance 105, sec. 12-7-4, adopted 9/15/98; Ordinance 105, art. 7, ex. A, adopted 9/15/98)
DIVISION 8
Standard Specifications for Subdivision Construction and Construction Outside Subdivision
§ 10.02.211 Standard Specifications for Public Works Construction, North Central Texas,
adopted.
Except as herein amended the “Standard Specifications for Public Works Construction - North Central
Texas, Second Edition,” as such edition may be amended from time to time, is hereby adopted as
the specifications for public works and private development projects carried out within the city.
Such specifications, including the amendments and/or additions contained in the following sections
of this division, shall be applicable to all construction within the corporate limits of the city and its
extraterritorial jurisdiction, including land both within and without a platted subdivision.
(Ordinance 165, sec. 1 (12-8-1), adopted 4/21/03)
§ 10.02.212 Specific amendment to the adopted standard specifications, for streets.
(a) Unless approved by the city council all streets shall be constructed in accordance with the
following minimum standards:
(1) Street right-of-way shall be at least 60 feet in width and the pavement portion shall be at
least 24 feet in width, with additional right-of-way necessary to meet all needs including
drainage.
(2) Thickness: Residential 6" - 4,000 psi, 6 sack.
(3) Collector and thoroughfare 8" - 4,000 psi, 6 sack.
(4) No. 3 bars on 24" centers both ways. Bar chairs shall be furnished.
(5) Subgrade: Shall be 6 inches thick, and shall be stabilized with at least 34 pounds or 8 percent
by dry weight per square yard hydrated lime, compacted to a density not less than 95%.
(6) Concrete poured not more than 5" slump.
(7) Cross slope shall be 1/4 inch per foot.
(8) Joints:
(A) Sawed transverse contraction joints every 15 feet or 1.25 times the longitudinal joint
spacing, whichever is less.
(B) Expansion joints: Place full width redwood expansion joints at intersections, P.C. and
P.T. of curves. No other redwood expansion joints are required. Place premolded
expansion joint material around all fixed structures in the pavement.
(b) Fire hydrants shall be located pursuant to the city fire code; provided, however, fire hydrants shall
be located at least every 400 feet along street water lines,
(c) Cul-de-sacs shall not exceed 500 feet in length and the circular turnaround must have a minimum
radius of 50 feet for the right-of-way and a pavement radius of 43.5 feet measured to the edge of
the paved area where there are no curbs and measured to the back of the curb where there is a
curb.
(d) Storm sewer construction.
(1) Storm sewers shall be constructed using reinforced concrete pipe or concrete box culverts
conforming to the requirements of the Texas Department of Transportation (TxDOT). Pipes
shall be a minimum of class III, or better if required for heavier loading. All pipe or box
culverts crossing perpendicular to the traveled roadway shall have headwalls installed at
upstream and downstream ends. Driveway culverts may be corrugated metal pipe, but must
have concrete headwalls. All 18-inch and 21-inch driveway pipe culverts parallel to the
traveled roadway shall have TxDOT type flared wingwalls installed at upstream and
downstream ends.
(2) All 24-inch and larger pipe culverts parallel to the traveled roadway shall have TxDOT
safety end treatment headwalls installed at upstream and downstream ends.
(Ordinance 165, sec. 1 (12-8-2), adopted 4/21/03)
§ 10.02.213 Street dedications.
The owner of property to be platted must provide an easement or fee simple dedication to public use
of all property needed for the construction of streets and thoroughfares. Dedications shown on plats
are irrevocable offers to dedicate the property shown. Once the offer to dedicate is made, it may be
accepted by an action of the city council, by acceptance of the improvements in the dedicated areas
for the purposes intended, or by actual use by the city. Improvements shall not be accepted until
constructed in accordance with this division, the approved plans, details and specifications, and the
final plat is filed for record in the office of the county clerk. Private streets, whether within or without
a platted subdivision, are not allowed within the city.
(Ordinance 175 adopted 11/4/03)
DIVISION 9
Drainage and Floodplain Requirements
§ 10.02.241 Drainage and floodplain plan
(a) Drainage plan required.Unless waived in writing by the city council upon recommendation of
the city engineer, a drainage plan must be submitted for approval. The drainage plan shall be
prepared by a qualified engineer and shall be designed to carry and properly dispose of all
surface waters to the nearest practical drainageway in a manner that will not cause damage to
public or private property within or without the subdivision.
(b) Drainage easements.Where topography or other conditions are such as to make impractical the
inclusion of drainage facilities within street rights-of-way, perpetual, unobstructed easements at
least ten feet (10') in width, depending on slopes for drainage facilities, shall be incorporated
into the drainage plan. Such easements shall be indicated on the final plat. When a proposed
drainage system will carry water across private land outside the subdivision or addition,
appropriate drainage easements must be secured.
(c) Accommodation of upstream drainage areas.A culvert or other drainage facility shall, in each
case, be large enough to accommodate potential runoff from its entire upstream drainage area,
whether inside or outside the subdivision or addition. The owner’s engineer shall initially
determine the necessary size of the facility, based upon the provisions of the construction
standards and specifications assuming conditions of maximum potential watershed development
permitted by the zoning ordinance, subject to approval by the city engineer.
(d) Effect on downstream drainage areas.The owner’s engineer, subject to approval by the city
engineer, shall study the effect of each addition’s storm runoff on the existing surface or
underground drainage facilities immediately downstream of the addition. Where it is determined
that existing capacity is not available immediately downstream, the owner’s engineer shall
design within the drainage plan a drainage system, detention facility, or parallel system to
mitigate the deficiency.
(e) Failure to provide a drainage plan designed to handle all water drainage, including surface and
underground stormwater, that will carry and properly dispose of such water in a manner that will
not cause damage to public or private property within or without the subdivision, will be grounds
for disapproval of the final plat. Provided, however, the duty and responsibility of providing such
safe drainage to property owners within the subdivision and outside the subdivision shall rest
solely with the developer.
(f) All subdivision plats and drainage plans shall comply with the city floodplain ordinance.
(g) As a part of any drainage plan the owner shall present a plan for maintenance of any detention
lakes or retention ponds. If the maintenance plan provides for maintenance by a homeowners’
association through assessment if necessary, the detention lake or retention pond shall be listed
as a “common area of city interest” and documents of the homeowners’ association shall contain
provisions approved by the city attorney which will permit the city to protect its interest in the
“common area of city interest” in the event the homeowners’ association fails in its maintenance
obligation.
(h) Design criteria.
(1) Computations for the design of the storm drainage system shall be based upon the rational
method, using the Texas Department of Transportation’s frequency curves for Collin
County.
(2) Storm drainage for residential areas shall be designed for a five (5) year frequency rainfall,
shopping centers and industrial developments for a ten (10) year frequency, and downtown
and central business districts for a twenty-five (25) year frequency rainfall with provisions
made for a one hundred (100) year overflow that will not cause any property damage.
(3) A minimum “C” value of 0.50 shall be used in the rational formula for designing the
drainage system in residential areas.
(4) The drainage system shall be designed so stormwater runoff for the five (5) year storm shall
be contained within a dedicated right-of-way or a dedicated drainage easement of sufficient
size to contain the design flow. Additional drainage easement might have to be dedicated
along and adjacent to roadway right-of-way to fully encompass the required drainage ditch.
Water shall not be permitted to flow across intersections of collector or higher classification
streets.
(5) Street crowns shall not be flattened, or warped from one side of the street to the other for
the purpose of causing water to flow from one side of the street to the other side.
(6) In general, rainfall runoff that cannot be handled in adjacent roadway ditches shall be put
into drainage channels of sufficient size to accommodate the design requirements.
(7) No open drainage channels shall be constructed within the areas dedicated as public streets
and alleys.
(8) The developer shall be responsible for all costs associated with the construction of culverts,
box culverts or bridges required to pass stormwater flows under streets. The following
design criteria are to be utilized in calculating the required structure size (except major
outfall channels, which handle water from drainage areas beyond the subdivision being
constructed):
Street Designation Structure Capacity Overflow
Local street 25-year storm 100-year storm
Collector street 50-year storm 100-year storm
Thoroughfare street 100-year storm 100-year storm
(Ordinance 105, sec. 12-9-1, adopted 9/15/98; Ordinance 148 adopted 10/19/01)
SUBDIVISION REGULATION
LOWRY CROSSING CODE