HomeMy WebLinkAboutO-2016-3633 Ordinance Amending Chapter 86 "Development Regulations"ORDINANCE NO. 2016-3633
AN ORDINANCE AMENDING CHAPTER 86 "DEVELOPMENT REGULATIONS" OF
THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS BY ADOPTING
COMPREHENSIVE GUIDELINES, RULES AND REGULATIONS FOR SUBDIVISION
AND DEVELOPMENT OF LAND IN THE CITY OF LA PORTE; PROVIDING THAT
ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED
GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A
SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF; CONTAINING A REPEALING CLAUSE;
CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 86, "Development Regulations", of the Code of Ordinances of the City of La
Porte, Texas, is hereby amended in its entirety and shall hereinafter read as follows:
"Article I. In General.
Sec. 86-1. Purpose.
(a) It is the intent of this chapter for the City to outline the requirements for subdividers, developers,
applicants, engineers, surveyors, realtors and other persons interested and involved in the subdivision
and development of land.
(b) It is also the intent, purpose and scope of this chapter to promote the vision, goals and policies of
the City's Comprehensive Plan and all of its components and to protect the health, safety and general
welfare of the public.
Sec. 86-2. Statutory authority and jurisdiction.
(a) Pursuant to the authority granted to cities and counties under the constitution and laws of the state,
including the provisions of Texas Local Government Code Chapter 212, and as amended, the City
Council does hereby adopt the rules and regulations established in this chapter governing the
subdivision and development of land within the city limits provided, however, that the City of La Porte
excludes from the terms, conditions and effects of this chapter and all amendments hereto, unsubdivided
development in the extraterritorial jurisdiction of the City, and land included within the boundaries of
any Industrial District or Districts that may be hereafter created by the City of La Porte and amendments
thereto of the Texas Local Government Code.
Thursday, June 09, 2016
(b) The Approving Authority shall review all plans, plats, and all accompanying documentation
required in this chapter, and require developer and subdivider compliance with the applicable state law,
this chapter, the Zoning Ordinance of the City of La Porte, other applicable ordinances of the City of
LaPorte, the City of LaPorte Comprehensive Plan, and approved written policies and procedures of
the City of LaPorte.
(c) If any section of this chapter is in conflict with other provisions of this chapter or any other
ordinance, the more restrictive rule or regulation shall apply.
See. 86-3. Conformance requirements.
(a) In so implementing this chapter, the City may, as needed, utilize policies in the City's
Comprehensive Plan, including but not limited to the future land use plan and corresponding provisions,
as well as complementary general design and construction standards approved by ordinance by City
Council.
(b) All development must also be in compliance with the City's Public Improvement Criteria Manual
(PICM), where applicable.
(c) It shall be unlawful for any owner or agent of any owner of land to layout, subdivide, resubdivide,
plat, or replat any land within the City of La Porte or its extraterritorial jurisdiction without an approved
City Development Authorization. In addition, it shall be unlawful for any owner or agent of any owner
of land to cause the development of any land within the corporate limits of the City of La Porte, without
an approved City Development Authorization. It shall be unlawful for any such owner or agent to offer
for sale or sell property therein or thereby, which has not been laid out, subdivided, re -subdivided,
platted, replatted or developed without the approvals required in this Chapter, subsequent to the passage
of this Chapter.
(d) The City shall withhold all City improvements of whatsoever nature, including the maintenance of
streets and the furnishing of utilities from all subdivisions or developments not in conformance with
the provisions of this Chapter.
(e) No Building Permit shall be issued for the erection or improvements of any building in the City's
jurisdiction not located within an approved and recorded subdivision plat or within an approved
Development Site Plan as defined herein.
Sec. 86-4. Definitions.
For the purpose of this ordinance the following various terms, phrases and words, will have the meaning
ascribed to them herein. When not inconsistent with the context, words used in present tense include the
future; words used in singular include the plural; words used in plural include the singular; "shall" is
mandatory; and "may" is permissive. Any office referred to herein by title will include the person employed
or appointed for that position or its duly authorized deputy or representative. Terms, phrases or words not
expressly defined herein are to be considered in accordance with customary usage.
2
Thursday, June 09, 2016
AGRICULTURAL USE: Any activity related to the cultivation of the soil, the producing of crops to human
food, animal feed or planting seed or for the production of fibers; floriculture, viticulture or horticulture
raising or keeping of livestock; and planting cover crops or leaving land idle for the purpose of participating
in any governmental program or recognized, normal crop or livestock rotation procedure. A residential unit
and related accessory buildings located solely for one or more of the purposes described in the preceding
sentence shall be deemed an agricultural use.
ALLEY: A public right-of-way that is used for utility installation or for secondary access to individual
properties that have their primary access from an adjacent public street or an approved common or
compensating open space or court yard that has direct access to a public street.
APPROVING AUTHORITY: The Planning and Zoning Commission or the City official having authority
to sign plats or plans signifying City approval of said plats or plans. For Minor Developments and
Administrative Plats, the Approving Authority is the Director of Planning and Development. For all other
developments or subdivisions, the Approving Authority is the Planning and Zoning Commission.
BUILDING SETBACK LINE: A line that is the required minimum distance from the street right-of-way
line or easement line or any other lot line that establishes the area where any structure must be erected or
placed.
BLOCK: An identified tract or parcel of land established within a subdivision surrounded by a street or a
combination of streets and other physical features that may be further subdivided into individual lots or
reserves.
BUILDING PERMIT: A permit for improvements granted by the Chief Building Official under the
provisions of the City Building Regulations currently in force and effect. As used herein, the term
"improvement" shall include the construction, enlargement, alteration, repair, removal, or conversion of a
building or structure.
CHIEF BUILDING OFFICIAL: The City officer or other designated authority charged with the
administration and enforcement of the City Building Regulations, or his/her authorized representative.
CITY: The City of LaPorte, Texas.
CITY BUILDNG REGULATIONS: All building regulations referred to in and incorporated by Chapter
82 of the City's Code of Ordinances.
CITY COUNCIL: The City Council of the City of LaPorte, Texas.
CITY SECRETARY: The person holding the office of City Secretary under the terms of the La Porte
Charter, or her/his designated representative.
COMMISSION: The Planning and Zoning Commission of the City.
COMPENSATION OPEN SPACE: Those areas designated on a plat or plan that are restricted from
development, except for landscaping and recreational uses and which all owners of residential properties
within the plat have a common legal interest or which are retained in private ownership and restricted from
development, except for landscaping and recreational uses, for the exclusive use of all owners of residential
3
Thursday, June 09, 2016
property within the plat, and such designation shall remain in effect until the plat is vacated or the tract is
replatted. The terms "compensating open space", "common open space", "common property" and
"common area" may be used interchangeably and may be considered as similar.
COMPREHENSIVE PLAN: A long- range plan adopted by the City Council in accordance with Texas
Local Government Code Chapter 213 and as such plan is periodically amended or updated, which is
intended to guide the development of the City and that includes analysis, recommendations and proposals
for the community's population, economy, housing, transportation, community facilities and infrastructure.
COUNTY: Harris County, Texas
DEPARTMENT: The Planning and Development Department of the City of La Porte.
DEVELOPER: The legal or beneficial owner or owners of a lot or any land included in a proposed
development including the holder of an option or contract to purchase, or other persons having property
interests in such land.
DEVELOPMENT: The process of converting land within the City's jurisdiction from its natural state, or
altering the elevation of property or converting its existing usage to residential, commercial or industrial
uses. This definition encompasses any and all physical changes to the land not regulated through the City
Building Code inherent in such conversions. The term development includes subdivisions as defined herein.
DEVELOPMENT AUTHORIZION: A document issued by the Department for the development of land
within the City's jurisdiction. A Development Authorization is issued after final approval of a Subdivision
Plat or Development Site Plan by the City Approving Authority, and authorizes the construction of
improvements not regulated by the City Building Code.
DEVELOPMENT, MAJOR: Any development not qualifying as a Minor Development, as the term "Minor
Development" is defined herein.
DEVELOPMENT, MINOR: Any project or development that involves no more than ten (10) acres of land
and where the total square footage of all buildings on the site does not exceed 150,000 square feet and
presents no conflict with the City's Comprehensive Plan.
DIRECTOR: The Director of the Planning and Development Department or designated representative.
DWELLING UNIT: A single unit providing complete, independent living facilities for one or more persons
including permanent provisions for living, sleeping, eating, cooking, and sanitation.
EASEMENT: A right given by the owner or a parcel of land to another person, public agent or private
corporation for specific and limited use of that parcel.
EXTRATERRITORIAL JURISDITION: The unincorporated territory outside of and contiguous to the
City limits of the City established by the authority of Texas Local Government Code Chapter 42.
ELECTRONIC FORMAT: Information recorded in a manner that requires a computer or other electronic
devise to display, interpret and process it, including .pdf or other similar formats.
ENGINEER: A Professional Engineer licensed by the Texas Board of Professional Engineers.
4
Thursday, June 09, 2016
FILING DATE: The date when a Development Site Plan, General Plan, or a Subdivision Plat is formally
presented to the Approving Authority for its approval and is registered as a part of the Approving
Authority's official records.
FLOOD HAZARD AREA: Those areas of the City designated as having a greater chance of flooding from
natural disasters such as rainstorms or hurricanes. Such areas are shown on the official flood insurance rate
maps (FIRM) established by FEMA and adopted by City Council.
FLOOD HAZARD PREVENTION ORDINANCE: The ordinance adopted by the City Council and
codified in Chapter 94 "Floods" of the La Porte, Texas Code of Ordinances that defines the special flood
hazard areas of the City and regulates land development more restrictively within such areas.
GENERAL PLAN: A map or plan illustrating the general design features and street layout of a proposed
development which is proposed to be platted and developed in phases. This plan, when approved by the
Commission, constitutes a guide which the Commission should refer to in the subsequent review of
Subdivision Plats or Development Site Plans that cover portions of the land contained within the General
Plan, as well as adjacent property.
HARRIS COUNTY ROAD LAW: A special law of the State of Texas found in Acts 1913, Special Laws,
Chapter 17, as may be from time to time amended.
INDUSTRIAL DISTRICTS: That land within the extraterritorial jurisdiction of the City of La Porte, and
either:
(a) Being designated as the `Battleground Industrial District of La Porte, Texas" in Ordinance 729,
passed by the City Council of the City of La Porte; or
(b) Being designated as the "Bay Port Industrial District of La Porte, Texas" in Ordinance 842, passed
by the City Council of the City of La Porte; or
(c) Being designated as the "South La Porte Industrial District or La Porte, Texas" in Ordinance 98-
2258, passed by the City Council of the City of La Porte.
LOT: An undivided tract or parcel of land contained within a block or designated on a Subdivision Plat by
numerical identification.
MOBILE HOME PARK: An unsubdivided development divided into mobile home sites for rent and for
the installation of mobile home thereon.
MOBILE HOME SUBDIVISION: A subdivision divided into mobile home lots for sale.
MONUMENT: A fixed reference point or object located convenient to proposed developments in La Porte
that the City or another governmental agency has determined the elevation above mean sea level and the
geographic location within the Texas Plane Coordinate System.
MONUMENT SYSTEM: A monument system established by the City to provide horizontal and vertical
survey control for land development in La Porte within a common frame of reference. A document
describing the City Monument System is published separately.
5
Thursday, June 09, 2016
ONE -FOOT RESERVE: A strip of land one foot wide and within public street right of ways and adjacent
to subdivision reserves or adjacent acreage to prevent access to said public street until the reserve or
adjacent acreage has been platted in accordance with this Ordinance [these regulations].
PLAN, DEVELOPMENT SITE: A site plan for unsubdivided developments certified by the land owner
and by a Professional Engineer or Registered Public Surveyor, executed by the City Approving Authority
and prepared as specified in Section 86-7 of this Chapter.
PLANNED UNIT DEVELOPMENT: A land area characterized by a unified site design which: (1) has
individual building sites and provides common open spaces; and (2) is designed to be capable of satisfactory
use and operation as a separate entity without necessarily having the participation of other building sites or
other common property. The ownership of the common property may by either public or private. A Planned
Unit Development may include subdivisions. It may be a single Planned Unit Development as initially
designed; or as expanded by annexation of additional land area; or a group of contiguous Planned Unit
Developments, as separate entities or merged into a single consolidated entity.
PLANNING CONSULTANT: A certified land planner, Texas registered professional engineer, Texas
registered land surveyor, Texas registered architect, or other qualified consultant, who performs land
planning services to subdividers or developers for a fee.
PLAT, ADMINISTRATIVE: A replat or subdivision of land totaling ten (10) acres or less, and involving
four (4) or fewer lots fronting on an existing streets and not requiring the creation of any new street or the
extension of municipal facilities or the aggregation of multiple lots into one lot.
PLAT, AMENDING: A plat, previously approved by the Commission and duly recorded, which is
resubmitted to the Commission for re -approval and recording which contains dimensional or notational
corrections or erroneous information contained on the originally approved and recorded plat. An amending
plat is not to be considered as a replat or resubdivision and may not contain any changes or additions to the
physical characteristics of the original subdivision, but is intended only to correct errors or mis-calculations
as allowed under the provisions of Chapter 212 of the Texas Local Government Code.
PLAT, FINAL: A map or drawing of a proposed subdivision prepared in a manner suitable for recording
in the appropriate County records and prepared in conformance with Sec. 86-8(c), et seq. of this Ordinance.
PLAT, PRELIMINARY: A map or drawing of a proposed subdivision illustrating its development features
for review, prepared as specified in Sec. 86-8(b), et seq. of this ordinance.
PLAT, STREET DEDICATION: A map or drawing suitable for recording in the appropriate county
records illustrating the location of a right-of-way intended for dedication within a specific tract of land.
PUBLIC IMPORVEMENTS CRITERIA MANUAL (PICM): The set of standards set forth by the Director
of Planning and Development Department and approved by the City Council to determine the specific
technical requirements for construction of public improvements. The manual may be acquired from the
Planning and Development Department, and is on file in the City Secretary's Office.
0
Thursday, June 09, 2016
RESERVE: A parcel of land within a Subdivision Plat or Development Site Plan reserved from current
development. A reserve may be restricted to a special use such as drainage, recreation or common area.
Reserves within the subdivisions not restricted in use may be shown as "unrestricted".
RESUBDIVISION OR REPLAT: The relocation or removal of existing streets or lots by re -platting as
allowed under the provisions of Chapter 212, Texas Local Government Code, and as amended.
RIGHT-OF-WAY: A strip of land acquired by reservation, dedication, prescription or condemnation and
used or intended to be used as a road, utility installation, crosswalk, railroad, electric transmission lines, or
other similar use.
SPECIAL USE SITES: A location shown on the Comprehensive Plan where a proposed school, park,
public building or other public facility is to be located.
STREETS, COLLECTOR: A street designed to serve equally the functions of access and movement.
Collector streets serve as links between local streets and arterials.
STREET, CUL- DE- SAC: A local street having one end open to vehicular traffic and having one closed
end terminated by a turnaround.
STREET, LOCAL: A neighborhood or minor street whose primary purpose is to provide access to abutting
properties.
STREET, PRIMARY ARTERIAL: An expressway, freeway, or primary thoroughfare whose primary
function is the movement of traffic.
STREET, PRIVATE: A vehicular access way, under private ownership and maintenance, providing access
to buildings containing residential dwelling units without direct access to an approved public street right-
of- way. Parking lots and private driveways within shopping centers, commercial areas and industrial
developments shall not be considered as private streets.
STREET, PUBLIC: A publically owned or maintained right- of- way, however designated, dedicated or
acquired, which provides vehicular access to adjacent properties.
STREET, SECONDARY ARTERIAL: A primary thoroughfare whose predominant function is the
movement of traffic but which provides more access than normally associated with a primary arterial.
STREET, STUB: A public street not terminated by a permanent circular turnaround, ending adjacent to
undeveloped property or acreage and intended to be extended at such time as the adjacent undeveloped
property or acreage is subdivided or developed.
STREET, THOROUGHFARE: A public street designed for heavy traffic and intended to serve as a traffic
artery of considerable length and continuity throughout the community and so designated on the latest
edition of the Git�-Thoroughfare Plan as contained in the City's Comprehensive Plan.
SUBDIVIDER: Any owner or authorized agent thereof, proposing to divide, or dividing, land so as to
constitute a subdivision according to the terms and provisions of this Chapter. A subdivider is further
defined to be a developer.
Thursday, June 09, 2016
SUBDIVISION: A division of any tract of land into two (2) or more parts for the purpose of laying out
any subdivision or any tract of land or any addition to the City, or for laying out suburban lots or building
lots, or any lots, and streets, alleys or parts or other portions intended for public use or the use of the
purchasers or owners of lots fronting thereon or adjacent thereto. A subdivision includes re -subdivision
(replat) but it does not include the division of land for agricultural purposes in parcels or tracts of five (5)
acres or more and not involving any new streets, alleys or easements of access. A subdivision is further
defined to be a development.
SUBDIVISION, MAJOR: Any subdivision not qualifying as a minor subdivision, as the term "minor
subdivision" is defined herein.
SUBDIVISION, MINOR: A subdivision involving less than ten (10) acres of land, which has no common
area or reserves, has no adjacent stub street right of ways, and requires no change to the City's
Comprehensive Plan.
SUBMITTAL DATE: The date and time specified in this chapter when plans, plats, related materials and
fees must be received by the City prior to the next regular meeting of the commission in order to be
considered at such meeting. The "submittal date" is not to be considered as the "filing date" as herein
defined.
SURVEYOR: A surveyor licensed by the Texas Board of Professional Land Surveying.
TITLE CERTIFICATE (ABSTRACTOR'S CERTIFICATE, PLANNING LETTER): A certificate
prepared and executed by a title company authorized to do business in the State of Texas or an attorney
licensed in the State of Texas describing all encumbrances of record which affect the property together with
all deeds recorded from and after the effective date of this Chapter which shall include any part of the
property included in a subdivision plat or development site plan.
WAIVER: Permission granted in writing by the Commission to depart from the literal requirements of this
Chapter.
ZONING ORDINANCE: The Zoning Ordinance of the City of La Porte, Texas, codified as Chapter 106
in the La Porte Texas Code of Ordinances, together with any amendments thereto.
Sec. 86-5. Pre -development Applicant Consultation.
(a) The developer or owner of land may choose to schedule a Pre -development Applicant Consultation
(PAC) meeting with the Director. The PAC meeting is intended to provide information on the City's
review process, procedures and requirements and allow for dialogue between the City and developer
or owner of land prior to submittal of any development application outlined in this chapter.
See. 86-6. General Plans.
8
Thursday, lune 09, 2016
(a) General Plans are required for all phased projects involving Major Subdivisions or Major
Developments. The General Plan is to be designed to illustrate the general design features of a
subdivision or development which is proposed to be developed or platted in phases or sections. This
plan, when approved by the Commission, constitutes a guide which the Commission will refer to in the
subsequent review of plans or plats that cover portions of the land contained within the general overall
plan and adjacent properties. Should the developer's future plans change, such changes are to be
disclosed to the Department by filing a new General Plan.
(b) Application shall be submitted to the Department at least three (3) weeks before the date which
Commission review is requested, unless otherwise approved by the Director.
(c) Application shall consist of all required documentation submitted either electronically or one (1)
paper copy in a 24"06" format.
(d) The following information must be submitted as part of a General Plan submission:
(1) Application and applicable fee.
(2) Development checklist.
(3) Project description letter.
(4) Any additional information required by the Director.
(5) The General Plan shall graphically contain the following:
a. Name of the development.
b. Legal description of the site.
c. Existing and proposed zoning.
d. Name and contact information of the developer.
e. Name and contact information of the project design team.
f. Developer/Owner signature block.
g. City approval signature block.
h. Scale of plan in engineering format.
i. North arrow.
j. Vicinity map showing relation of development to surrounding streets, railroads and
watercourses.
k. Perimeter boundary of the property.
1. Identification of each phase of development and proposed land use/s for each phase.
Thursday, June 09, 2016
m. Label adjacent subdivisions, streets, easements, water courses, acreage tracts, and other
natural and manmade features.
n. Show land contours at one foot intervals.
o. Identify required building lines adjacent to all existing or proposed public and private
streets and alleys.
p. If building locations are known, include the footprint of each building, indicating the
building type, building height, number of stories, floor area, and density of residential
development.
q. Show rights-of-way for all streets and alleys either existing or proposed within or adjacent
to the general plan boundaries. Indicate right-of-way width of all streets as identified in the
PICM. Identify whether streets are intended to be public or private.
r. Indicate approximate location, widths, and types for all easements whether existing or
proposed within or adjacent to the general plan boundaries.
s. Identify the location of all existing public utilities within or adjacent to the general plan
boundaries and how each phase of development will connect with those utilities.
t. Show approximate boundary of flood hazard area as taken from the official FEMA Flood
Insurance Rate Maps adopted by the city or other sources approved by the Director.
u. Stormwater drainage plan showing general drainage basins and possible location for on-
site detention if required.
v. Traffic study or written documentation from the Director that the development does not
necessitate a traffic study.
w. Other information required by the Director.
(e) Within thirty (30) days of submittal of an administratively complete application, the Director shall
schedule the General Plan on the Planning and Zoning Commission agenda for review by the
Commission.
(f) General applications shall comply with all applicable city ordinances and statutes prior to approval
by the Commission. The Commission shall review the General Plan and take one of the following
actions:
(1) Approve the General Plan as filed. Commission approval of the General Plan authorizes the
developer to file a Preliminary Plat or a Development Site Plan.
(2) Conditionally Approve the General Plan as filed, provided, the reasons for such conditional
approval are stated in writing and a copy of the statement is signed by the Chairman of the
Commission. Commission conditional approval requires submission of an amended General Plan
and additional documentation as specified by the Planning Commission for final Commission
10
Thursday, June 09, 2016
approval, which may be filed concurrently with the next Preliminary Plat or Development Site Plan,
as the case may be.
(3) Disapprove the General Plan as fled, provided, the reasons for such disapproval are stated in
writing and a copy of the statement is signed by the Chairman of the Commission. Commission
disapproval of a General Plan requires submission of a new General Plan.
(g) The original approved mylar of the General Plan shall be retained by the Department in the official
files of the Commission. No subsequent plan or plat will be approved until the original mylar has been
delivered to the department.
(h) In the event the developer or subdivider fails to file a Preliminary Plat or Development Site Plan
within one year of Commission approval of the General Plan, approval of said General Plan shall
terminate upon written notice to the subdivider, developer, or owner.
(i) The developer, subdivider, or owner may request in writing a one year extension specifying the
reason why the document has not been filed.
Sec. 86-7. Development Site Plans.
(a) General
(1) The following sections of this Chapter outline procedures for preparing and obtaining approval
for developments not defined herein as subdivisions. Except as noted in subparagraph (2) below, it
shall be a violation of this Chapter for any person to develop property within the City of La Porte
without first:
a. Filing a Development Site Plan and required documentation for approval;
b. Having said Development Site Plan approved according to the procedures set forth herein;
and
c. Obtaining a Development Authorization.
(2) No Development Site Plan shall be required as provided for herein in the case of development
that is solely and strictly a Subdivision (as that term is defined herein) and the requirements of
Section 86-8(c) of this Chapter have been satisfied for each subdivision.
(3) For both Major and Minor Developments, the Development Site Plan is shall be drawn
accurately to scale with exact dimensions by an Engineer. When accompanied by all other required
documentation, Development Site Plans shall contain sufficient detail for evaluation of the
proposed development.
(4) The following information must be provided as part of a Development Site Plan submission:
a. Application and applicable fee.
11
Thursday, June 09, 2016
b. Development checklist.
c. Project description letter.
d. Drainage Plan and/or calculations as required by the Director.
e. Exterior building elevations for sites subject to the city's Design Guidelines (Chapter 106,
Article IX).
f. Traffic Impact Assessment, if required by the Director.
g. Any additional information required by the Director.
h. Development Site Plan showing the location of all improvements on the site, whether
existing or proposed. Proposed improvements shall be in compliance with all applicable local,
state and federal requirements. The Development Site Plan shall contain the following
graphical information:
1. Name of development
2. Type of development
3. Description of land within proposed development: " acres out of the
Survey, Abstract Number , Harris County, Texas."
4. Legal description of development, including blocks and lots or reserves or a metes and
bounds description of the property boundary.
5. Name of owner or authorized representative.
6. Name of developer.
7. Name of planning consultant.
8. Filing date of application.
9. Engineering Scale.
10. North arrow
11. Vicinity map that shows relation of development to surrounding streets, railroads, and
water courses.
12. Perimeter boundaries of development including dimensions.
13. Indicate all building lines on the site. Show shortest distances from each building to
nearest property line.
14. Indicate name, location and recording information for adjacent properties, streets,
easements, water courses, acreage tracts, and other natural or manmade features.
12
Thursday, June 09, 2016
15. Parking table that labels existing and proposed parking in comparison to the required
parking for the development.
16. Landscape table that labels existing and proposed trees and shrubs, including name of
plant species, quantity and size.
17. Identify topography and label contours in one -foot intervals. Include cut and fill
changes to the site.
18. Define high banks and flow lines of water courses. Define post -development limits of
other natural or manmade physical development obstacles.
19. For mobile home parks, show proposed layout of mobile home sites and reserves.
Number sites and blocks consecutively. Draw boundaries of sites the same way as for
subdivision lots. Indicate size of each site in square feet. Designate usage of each reserve,
such as recreation, laundry drying, and dead storage.
20. Draw perimeter of, dimension, and identify type and usage of each existing or proposed
structure or site improvement, including parking lots, security lighting, driveways, curb
cuts, culverts, water lines, fire hydrants, sanitary sewers, storm drains, natural gas lines,
electrical lines, telephone lines, walkways, landscaping and other site improvements.
21. Show rights-of-way of all streets and alleys, either existing or proposed, within the plat
boundaries and immediately adjacent thereto. Show right of way width at points of
curvature or tangency, at one point within tangent segments, and at changes in width.
22. Provide names of all existing and proposed streets located within the plat boundaries
and immediately adjacent thereto. Any proposed street name cannot be duplicates of any
street name in current use, unless continuations of existing streets.
23. Indicate location, widths and types of for all existing and proposed utilities and
easements on the site, including, but not limited to, water line, sanitary sewer, drainage,
power. Label recording information for existing easements.
24. Show boundary of flood hazard area and shade areas within lot boundaries inside flood
hazard area. Show finished floor elevation of buildings inside flood hazard area.
25. All required dedication statements and certificates must be included.
(b) Minor Development Site Plan
(1) Application shall be submitted to the Department at least two (2) weeks before the date which
Director review is requested. Application shall consist of all required documentation submitted
either electronically or one (1) paper copy.
(2) The Director is the Approving Authority for all Minor Developments Site Plans. Following
review of the Minor Development Site Plans, the Director shall, within two (2) weeks of the filing
date, take one of the following actions:
13
Thursday, June 09, 2016
a. Approve the Minor Development Site Plan as filed. Approval of a Minor Development Site
Plan and all accompanying documentation by the Director, together with approval of Public
Improvement Construction Documents by the Director, results in issuance of a Development
Authorization by the Department.
b. Conditionally approve the Minor Development Site Plan as filed, provided, the reasons for
such conditional approval are stated in writing and a copy of the statement is signed by the
Director. Conditional approval of a minor development Site Plan requires that the developer
satisfy the conditions established by the Department. Once the stated conditions have been
satisfied, the Minor Development Site Plan and accompanying documentation may be
resubmitted for Department approval.
c. Disapprove the Minor Development Site Plan as filed, provided, the reasons for such
disapproval are stated in writing and a copy of the statement is signed by the Director.
Disapproval of a Minor Development Site Plan requires filing of a new Minor Development
Site Plan.
(3) Department action shall be noted on three (3) copies of the Minor Development Site Plan, which
shall be distributed to the developer, Department and the City Code Enforcement Division.
(4) Unless stipulation for additional time is agreed to by the Developer, if the Director fails to act
within four (4) weeks from the date of submittal of the Minor Development Site Plan the Developer
may submit a written request to the City Manager for an investigation into the Director's failure to
act, in answer to which the City Manager shall issue a report within (2) weeks, unless the Director
has sooner acted on the submitted Plan.
(5) Director disapproval of a Minor Development Site Plan may be appealed to the Commission
within twenty (20) days of the mailing of a written notice of disapproval. Once the appeal has been
filed, the Minor Development Site Plan will be presented to the Commission for its ruling as
specified for Major Development Site Plans in subparagraph (c) below. The following materials
must be filed with the City Secretary for an appeal:
a. A copy of the Director's disapproval letter.
b. A letter stating the basis of appeal.
c. A copy of the Minor Development Site Plan.
(6) Prior to issuance of a Certificate of Occupancy, a final inspection of all improvements must be
completed by City Inspectors. However, the developer shall have the option to utilize a third party
Engineer in place of City Inspectors to certify that all improvements have been installed in
accordance with the approved Minor Development Site Plan.
(c) Major Development Site Plan
(1) Application shall be submitted to the Department at least three (3) weeks before the date which
Commission review is requested. Application shall consist of all required documentation submitted
either electronically or one (1) paper copy.
14
Thursday, June 09, 2016
(2) The Commission is the Approving Authority for all Major Development Plans. Following
review of the Major Development Site Plan, the Commission shall take one of the following
actions:
a. Approve the Major Development Site Plan as filed. Approval of a Major Development Site
Plan and all accompanying documentation by the Commission, together with approval of
construction documents for any proposed public improvements by the Director results in
issuance of a Development Authorization by the Department.
b. Conditionally approve the Major Development Site Plan as filed, provided, the reasons for
such conditional approval are stated in writing and a copy of the statement is signed by the
Chairman of the Commission. Conditional approval of a Major Development Site Plan requires
that the Developer satisfy the conditions established by the Commission. Once the stated
conditions have been satisfied, the Major Development Site Plan and accompanying
documentation may be refiled for Commission approval.
c. Disapprove the Major Development Site Plan as filed, provided, the reasons for such
disapproval are stated in writing and a copy of the statement is signed by the Chairman of the
Commission. Disapproval of a Major Development Site Plan requires filing of a new Major
Development Site Plan.
(3) Commission action shall be noted on four (4) copies of the Major Development Site Plan, which
shall be distributed to the developer, Department, City Code Enforcement Division, and official
Commission files.
(4) Unless stipulation for additional time is agreed to by the developer, the failure of the
Commission to act within thirty (30) days from the date of submittal of the Major Development
Site Plan the Developer may submit a written request to the City Manager for an investigation into
the Director's failure to act, in answer to which the City Manager shall issue a report within (2)
weeks, unless the Director has sooner acted on the submitted Plan.
(5) Prior to issuance of a Certificate of Occupancy or final inspection of any improvements included
in an approved Major Development Site Plan, a letter signed and stamped by a licensed engineer
must be submitted to the Planning and Development Department certifying that all improvements
have been installed in accordance with the approved Major Development Site Plan.
(d) Amendments to Minor and Major Development Site Plans
(1) Amendments to minor and major development site plans are those that provide for
rearrangement or reconfiguration of floor plans or building elevations, modifications to parking
areas, landscape areas, drainage facilities, utilities or other site improvements. An amendment may
only occur to a site plan that has an active building permit on file.
(2) Said modifications shall:
a. Comply with all requirements of Chapter 106 of the City's Code of Ordinances and other
applicable city regulations.
15
Thursday, June 09, 2016
b. Not conflict with the Comprehensive Plan.
c. Not change the character of the development or the intent of the original plat approval.
(3) The Director is the Approving Authority for all Amendments to Site Plans. Following review
of the amendment, the Director shall, within two (2) weeks of the filing date, take one of the
following actions:
a. Approve the amendment as filed. Approval of an Amendment shall be clearly noted on the
originally approved site plan, along with any conditions required by the Director.
b. Disapprove the amendment as filed, provided, the reasons for such disapproval are stated in
writing and a copy of the statement is signed by the Director.
(4) Director disapproval of an amendment may be appealed to the Commission within twenty (20)
days of the written notice of disapproval. Once the appeal has been filed, the amendment will be
presented to the Commission for its ruling as specified for Major Development Site Plans in
subparagraph (c) above.
See. 86-8. Subdivision plats.
(a) The following sections outline procedures for preparing and obtaining approval of Subdivision Plats
for residential, commercial, or industrial properties. All Final Subdivision Plats must be recorded in the
County map records.
(b) Preliminary Plat
(1) Preliminary Plats are required for all Major Subdivisions and shall be consistent with the
approved General Plan, if applicable.
(2) Application shall be submitted to the Department at least two (2) weeks before the date which
Commission review is requested. Application shall consist of all required documentation submitted
either electronically or one (1) paper copy.
(3) The following information must be provided as part of a Preliminary Plat submission:
a. Application and applicable fee.
b. Development checklist.
c. Project description letter.
d. Any additional information required by the Director.
e. The Preliminary Plat shall graphically contain the following (ensure compliance with PICM
standards, where applicable):
1. Name of subdivision, which cannot be similar to that of an existing subdivision.
16
Thursday, June 09, 2016
2. Type of development.
3. Description of land on which subdivision lies: " acres out of the Survey,
Abstract Number _, Harris County, State of Texas."
4. Date.
5. Scale in engineering format.
6. North arrow.
7. Name of developer and property owner.
8. Name of surveyor and/or engineer preparing the plat.
9. Total number of lots, blocks and reserves.
10. Indicate size of each lot and reserve.
11. Vicinity map in relation to surrounding streets, railroads and water courses.
12. Label adjacent properties including ownership information and HCAD parcel
identifications, where applicable.
13. Show all physical features of the site including high banks of water courses and any
other natural or man-made physical development obstacles.
14. Draw perimeter boundaries of the subdivision.
15. Show proposed layout of blocks and lots or reserves within blocks.
16. For reserves: Draw boundaries for and designate area (in square feet and acres) for
unrestricted reserves and those dedicated for restricted usages, such as those for drainage,
recreation, parkland, or other uses (indicate intended usage and existing zoning).
17. Label contours at one -foot intervals.
18. Show and label all rights-of-way of all streets and alleys, either existing or proposed,
within the plat boundaries and immediately adjacent thereto. Indicate right-of-way width
between points, curvature, tangency and at changes in width.
19. Provide names of all existing and proposed streets located within the plat boundaries
and immediately adjacent thereto. Street names cannot be duplicates of any street names
in current use, unless continuations of existing streets or as part of a historical grid pattern.
20. Label location, widths and types of all easements, either existing or proposed, within
the platted area or immediately adjacent thereto. Include any recording information on any
existing easements.
17
Thursday, June 09, 2016
21. Show nearest city approved survey monument and exact bearing (nearest second) and
distance (nearest hundredth of a foot) to a defined point on the perimeter boundary of the
property.
22. Show location of all proposed survey control monuments to be installed by the
developer pursuant to Section 86-9 of this Chapter.
23. Show boundary of flood hazard area/s as adopted by the city.
24. Show location of all existing and proposed storm drainage, sanitary sewer system, and
water lines.
25. For condominium developments: Draw the footprint of each building site and show
overall dimensions and building type for each building. Show shortest distances from each
building to nearest building and property line. For each building type, draw to larger scale
the plan of each building type, showing all perimeter wall dimensions and the dimensions
and location of walls between units. Designate each unit type and floor area in square feet.
(4) Preliminary Plat applications shall comply with all applicable city ordinances and statutes prior
to approval by the Commission. The Commission shall review the plat and take one of the following
actions:
a. Approve the Preliminary Plat as filed.
b. Disapprove the Preliminary Plat as filed, provided, the reason for such disapproval is stated
in writing and a copy of the statement is signed by the Chairman of the Commission.
Disapproval may also include conditions for resubmittal of Preliminary Plat.
(5) Unless stipulation for additional time is agreed to by the subdivider, the failure of the
Commission to act within thirty (30) days from the date of the filing of the plat by the developer,
will cause the plat to be deemed approved.
(6) The original approved mylar of the Preliminary Plat shall be retained by the Department in the
official files of the Commission.
(7) In the event the subdivider fails to file a Final Plat within one year of Approving Authority
approval of the Preliminary Plat, approval of said Preliminary Plat shall terminate upon written
notice to the subdivider or owner. The subdivider or owner may request in writing a one year
extension specifying the reason why a Final Plat has not been filed.
(c) Final Plat
(1) Final plats are required for all subdivision, and shall be consistent with the Preliminary Plat if
applicable. Final Plats of subdivisions are drawn accurately to scale with exact dimensions.
Complete instructions for preparing Final Plats are contained in Appendix D.
(2) In conjunction with the fling of the Final Plat, the subdivider or developer shall file a proposed
set of covenants, restrictions, conditions, and reservations, affecting the property enclosed within
18
Thursday, June 09, 2016
the Final Plat. The covenants and restrictions shall include provisions creating an association of lot
owners charged with the responsibility of promoting the recreation, health, safety, and welfare of
the members of the association, and for the improvement and maintenance of any common areas,
compensating open space, private streets, alleys, or parking areas included within the Final Plat.
The association shall be empowered to levy assessments to be used exclusively in the enforcement
of the covenants, restrictions, conditions, and reservations affecting the property enclosed in the
Final Plat, and for the furtherance of its responsibility of improving and maintaining any common
areas, compensating open space, private streets, alleys, parking areas or other private improvements
included within the Final Plat. The assessments levied shall be a charge on the land and shall be a
continuing lien on the property against which each such assessment is made.
(3) The proposed set of covenants, restrictions, conditions and reservations filed shall be submitted
to the City Attorney of the City of La Porte, who shall review the documents and insure that the
form of the documents complies with this chapter.
(4) Application shall be submitted to the Department at least two (2) weeks before the date which
Commission review is requested. Application shall consist of all required documentation either
electronically or one (1) paper copy.
(5) The following information must be submitted as part of a Final Plat submission:
a. Application and applicable fee.
b. Development checklist.
c. Title certificate, abstract, or planning letter.
d. Complete public street construction drawings for approval by the Director.
e. Complete public utility construction drawings for approval by the Director.
f. List of coordinates for each point to be marked in the final field survey. Each point on the
list is to be assigned a unique number code. A copy of the Final Plat, marked with the locations
of each number code, is to be submitted as well.
g. Letters from the servicing utility companies approving of the easements shown on the plat.
h. Copy of deeds for any private easements within the subdivision.
i. Commitment of park dedication as required in Section 86-11 of this Chapter.
j. A letter, statement or instrument from the holder of any privately owned easement or fee strip
within the subdivision boundaries approving any crossings of said existing easement or fee
strip by proposed streets, utilities, or easements shown on the plat. If adjustment of existing
utilities is required, said letter shall specify the nature of the adjustments and the approval of
the owner for such adjustments.
k. Set of covenants, restrictions, conditions, and reservations, affecting the property enclosed
within the Final Plat.
19
Thursday, June 09, 2016
1. Title information as required in Section 86-9(n) of this Chapter.
m. Any additional information required by the Director.
n. Final Plat to graphically contain the following (ensure compliance with PICM standards,
where applicable):
1. The graphical requirements outlined for a Preliminary Plat in Section 86-8(b)(3)(e),
Items 1-22.
2. Metes and bounds description in map for with appropriate bearings and distances.
3. Owners' Acknowledgement Statement
4. Lienholders' Subordination Agreement, where applicable
5. Plat Accuracy Certificate
6. Final Survey Certificate
7. Approving Authority Certificate
8. Harris County Clerk Filing Statement
9. Permanent Access Easement must be labeled for any proposed private roads.
10. Any other special statements required by the Director
(6) Unless stipulation for additional time is agreed to by the subdivider, the failure of the
Commission to act within thirty (30) days from the date of the filing of the plat by the developer,
will cause the plat to be deemed approved.
(7) Final Plat applications shall comply with all applicable city ordinances and statutes prior to
approval by the Commission. The Commission shall review the plat and take one of the following
actions:
a. Approve the Final Plat as filed. Such approval of a Final Plat as filed and all accompanying
documentation by the Commission, together with approval of Public Improvement
Construction Documents by the Director shall result in issuance of a Development
Authorization by the Department which permits the developer to begin construction of
subdivision improvements.
b. Disapprove the Final Plat as filed, provided the reasons for such disapproval are stated in
writing and a copy of the statement is signed by the Chairman of the Planning Commission.
Such disapproval requires filing of a new Final Plat.
(8) Notice of the Commission's action shall be forwarded to the applicant.
(9) A Final Plat shall not be recorded until executed by the Director and by the Commission. Before
the Final Plat is executed, the developer shall follow the procedure provided for in Section, and
20
Thursday, June 09, 2016
construct the proposed improvements according to the approved plans and specifications. In the
event the developer or owner fails to commence construction of such improvements within one
year of Development Authorization, approval of the Final Plat shall terminate upon written notice
from the Commission to the developer or owner. The developer or owner may request in writing
one year extension specifying the reasons why construction has not commenced.
The Commission shall not sign and deliver a copy of the plat to be recorded, nor shall such Final
Plat be recorded, if such proposed improvements are not completed within two years of
commencement of construction, and approved by the Director. In the event the developer or owner
fails to complete construction of such improvements within two years of commencement of
construction, approval of the Final Plat shall terminate upon written notice from the Commission
to developer or owner. The developer or owner may request a one year extension in writing from
the Director specifying the reasons why construction had not been completed.
The Final Plat shall not be recorded unless the deed restrictions called for herein are recorded
simultaneously with the recordation of the Final Plat.
(10) After recordation with Harris County, the original recorded mylar film of the Final Plat shall
be retained in the official files of the Commission.
(d) Administrative Plat
(1) The same submittal requirements for a Final Plat approval apply to an Administrative Plat.
(2) Administrative Plat applications shall comply with all applicable city ordinances and statutes
prior to approval by the Director. The Director shall review the plat and take one of the following
actions:
a. Approve the Preliminary Plat as filed.
b. Disapprove the Preliminary Plat as filed, provided, the reason for such disapproval is stated
in writing. Disapproval may also include conditions for resubmittal. If said plat is disapproved,
the applicant may elect to refer the plat to the Commission for consideration.
(3) The Director may, for any reason, elect to present the plat to the Commission for approval of
the plat.
(4) Unless stipulation for additional time is agreed to by the subdivider, the failure of the Director
to act within thirty (30) days from the date of the fling of the plat by the developer, will cause the
plat to be deemed approved.
(e) Replat of recorded subdivision plats
(1) A replat or re -subdivision of a recorded Subdivision Plat, or a portion thereof, but without
vacation of the immediate previous plat, is hereby expressly authorized to be recorded and shall
deemed valid and controlling when:
21
Thursday, June 09, 2016
a. It has been signed and acknowledged by only the owners of the particular property which is
being replatted or re -subdivided on the acknowledgement shown in Enclosure 1 to Appendix
D;
b. It does not attempt to alter, amend or remove any covenants and restrictions;
c. There is compliance, when applicable, 212.014 and 212.0145 of the Texas Local
Government Code;
d. It has been approved by the Commission after being prepared and filed as though it were an
original plat as specified in subparagraph "c" of this section; and
e. All expenses incurred by the City or the subdivider in the Replat process shall be borne by
the subdivider, including costs of notice at public hearing.
(f) Amending Plat (of recorded subdivision plats)
(1) An Amending Plat may be filed for record in the County map records to correct dimensional
errors, notational errors or other erroneous information, to add to or delete monuments, or to
relocate a lot line between adjacent lots, as allowed in Section 212.016 of the Texas Local
Government Code, provided:
a. The signed Amending Plat Certificate shown on Enclosure 4 to Appendix D is placed on the
face of the Amending Plat;
b. The Planning and Zoning Commission Certificate shown on Enclosure 4 to Appendix D is
placed on the face of the Amending Plat and;
c. Commission approval of said Amending Plat is reflected by Commission execution of said
certificate.
(2) The Planning Director of the City of La Porte may approve Amending Plats and execute
Certification of same as set forth above in lieu of the Planning Commission, as allowed in Section
212.0065 of the Texas Local Government Code. The Director of Planning may, for any reason,
elect to present the Amending Plat to the Commission for approval. The Director of Planning shall
not disapprove the Amending Plat and shall refer any plats which are refused to the Planning
Commission within the time parameters as delineated in Section 212.009 of the Texas Local
Government Code.
(g) Vacating Plat (of recorded subdivision plats)
(1) The vacation of Subdivision Plats, which is authorized and regulated by Section 212.013 of the
Texas Local Government Code, shall be permitted, provided:
a. All owners of all property contained within the previous plat sign the Vacation of
Subdivision Declaration shown on Enclosure 5 to Appendix D;
b. Approval of the Commission is obtained and reflected by Commission execution of the
certificate shown on Enclosure 5 to Appendix D; and
22
Thursday, June 09, 2016
c. Said owners declaration and Commission approval certificate is recorded as a single
instrument in the county records as required by Section 212.013 of the Texas Local
Government Code.
Sec. 86-15. General standards for subdivision and developments.
(a) Streets and alleys.
(1) Street classification system. The street pattern of the city should provide adequate circulation
while discouraging through traffic within local neighborhoods. This may be accomplished by
providing thoroughfares spaced at approximately one -mile intervals and collector streets within
neighborhoods spaced at about half -mile intervals to link local streets to the thoroughfare network.
(2) Street width. Public or private streets shall have a minimum pavement width of 28 feet. Public
or private alleys shall have a minimum pavement width of 20 feet.
(3) Thoroughfare extension. Right of way widths for thoroughfare extensions shall be as indicated
in the PICM along the entire frontage of the tract being developed. Where the existing dedicated
right of way width fronting the adjacent property is less that shown in the PICM, a transition zone
of 300 feet of frontage of the new development shall be provided between the existing and new
right of ways.
(4) Continuation of adjoining streets. The arrangement of streets in new developments shall make
provisions for the appropriate continuation of existing streets from adjoining properties.
(5) Future projections of streets. Where adjoining areas are not developed, but may be developed,
the arrangement of streets in a new development shall make provisions for the proper projection of
streets into adjoining areas by carrying the new streets to the boundaries of the new development
at appropriate locations. All such streets shall be designed in accordance with the PICM.
(6) Provisional one -foot reserve. Required along the side or end of streets that abut acreage tracts.
The note shall be notated on the Final Plats and Street Dedication Plats, where appropriate
(7) Street names. Street names shall be the same as existing street names, if they are continuations
of existing streets. Otherwise, no street name shall be permitted that is a duplicate of an existing or
proposed street name within the City. Proposed new names must be submitted to the Department
for checking prior to the submittal of first plat or plan. The developer shall provide street name
signs in accordance with the PICM.
(8) Alleys. Alleys may be provided within any subdivision or development to provide secondary
vehicular access to building sites which otherwise have their primary access from an adjacent
public street. Alleys shall not be used or designed to provide principal access to any tract of land
and shall not provide access to property outside the development boundaries in which the alleys
are located. Dead end alleys are not permitted.
23
Thursday, June 09, 2016
(9) Private streets and alleys. Streets and alleys in which the developer proposes to privately
maintain in perpetuity through a community association or other approved means are to be
designated as "private" on the plat. Design and construction of such streets and alleys will be
identical to design and construction standards for public streets. Right of way lines may be
coterminous with the edge of pavement.
(b) Engineering data. Please see the PICK
(c) Lots. The following standards shall apply to all lots:
(1) The lot design of a Subdivision or Development should provide for lots of adequate width and
depth to provide open area and to eliminate overcrowding.
(2) Lots should be rectangular so far as practicable and should have the side lot lines at right angles
to streets on which the lot faces or radial to curved street lines.
(3) Lots with double frontage are prohibited except when backing on major thoroughfares and upon
approval by the Planning Commission.
(4) All lots shown on the plat will be for residential purposes unless otherwise noted.
(5) Side lot lines should be perpendicular or radial to street frontage and the following note may be
in lieu of bearings. "All side lot lines are either perpendicular or radial to street frontage unless
otherwise noted."
(6) Driveway access to thoroughfares shall be prohibited.
(7) Double front lots are prohibited except when backing on major thoroughfares or on corner lots.
(7) Lots shall be sized in accordance with the requirements of Chapter 106, Zoning.
(d) Drainage easements. The following standards shall apply to all drainage easements:
(1) The location and width of all easements shall be determined by the Director for all plats or
plans within the cities jurisdiction, and by the Director in conjunction with Harris County Flood
Control District (HCFCD) for all easements that HCFCD may have an interest in.
(2) Easements for drainage adjacent to lots, tracts, or reserves shall be recited on the Final Plat, in
accordance with the language. language approved by the Director.
(e) Utility easements. The developer shall coordinate all public and private utility easements with the
applicable entity as required in this Chapter.
(f) Platting of public streets or easements across private easements or fee strips. The following shall
apply when platting of public streets or easements across private easements or fee strips:
(1) A copy of the instrument establishing any private easement shall be submitted with the
Development Site Plan or the Preliminary Plat as reflected by the Title Certificate submitted.
24
Thursday, June 09, 2016
(2) Easement boundaries must be tied by dimensions to adjacent lot and tract corners. Where the
private easement has no defined location or width, an effort shall be made to reach agreement on a
defined easement. Where no agreement can be reached, then existing facilities shall be accurately
located and tied to lot lines, and building setback lines shall be established as specified in Section
5.04.
(3) Prior to approval of the Final Plat or Development Site Plan, the developer or dedicator of any
Subdivision Plat or Development Site Plan, wherein public streets or easements are shown crossing
private easements or fee strips, shall by letter to the Commission assume responsibility for seeing
that any adjustments and protection of existing pipelines, electrical transmission lines, or other
facilities shall be planned and provided for to the satisfaction of the holder of the private easements
or fee strips and the Director prior to the filing of the plat or plan for record.
(4) Prior to filing of the Final Plat or Development Site Plan for record, the following requirements
must be met:
a. The developer or dedicator of any plat or plan shall obtain from the holder of any private
easement or fee strip within the plat or plan crossed by proposed streets or other public
easements an instrument granting to the public the use of said public streets or easements over
and across said private easements or fee strips for construction, operation, and maintenance of
those public facilities normally using the type of public streets and easements indicated. This
instrument shall be delivered to the Commission to be filed for record along with plat or plan.
b. The developer shall furnish the Commission with a letter from the holder of the private
easements or fee strips in questions stating that arrangements for any required adjustments in
pipelines, electrical transmission lines, or other similar facilities have been made to the
satisfaction of the holder of the easements.
(g) Monumentation requirements. The following are requirements for monumentation for subdivisions
and developments:
(1) Subdivisions
a. Permanent control monuments, one for each five acres of property or fraction thereof, shall
be placed along streets centerlines or at subdivision corners. The location of control monuments
shall be approved by the Department at the Preliminary Plat stage and shown on the Final Plat.
The construction of permanent control requirements shall be in accordance with the PICA
b. At least one control monument shall be accurately tied, by angle and distance to an approved
City of La Porte monument. Elevation shall be established for each control monument installed.
Datum shall be supplied or approved by the Department.
c. Elevations and coordinate values for each control monument shall be submitted in accordance
with language approved by the Director and approval by the Department prior to execution of
the Final Plat.
25
Thursday, June 09, 2016
d. All corners of the subdivision, all angle points and points of curvature in the subdivision
boundary, all block corners, all angle points and points of curvature in each street right of way
shall be marked with iron rod not less than three fourths (3/4) of an inch in diameter and thirty
(30) inches in length, placed flush with the finished ground elevation.
e. All lot corners shall be marked with iron rods not less than five -eights (5/8) of an inch in
diameter and thirty (30) inches in length, placed flush with the finished ground elevation.
f. All required monumentation shall be completed prior to final acceptance of the subdivision
and execution of the Plat.
(2) Major developments
a. Permanent control monuments, one for each five acres of property or fraction thereof, shall
be placed along street centerlines or at corners of the development. The location of control
monuments shall be approved by the Department and shown on the Development Site Plan.
The construction of permanent control monuments shall be in accordance with the PICM.
b. At least one control monument shall be accurately tied, by angle and distance to an approved
City of La Porte monument. Elevations shall be established for each control monument
installed. Datum shall be supplied or approved by the Department.
c. Elevation and coordinate values for each control monument shall be submitted and approved
by the Department prior to or concurrent with acceptance of all public improvements.
d. All lot corners within the Development shall be marked with iron rods not less than five -
eights (5/8) of an inch in diameter and thirty (30) inches in length, placed flush with the finished
ground elevation prior to commencement of any building construction.
(3) Minor developments
a. All lot corners of Minor Developments shall be marked with iron rods not less than five -
eights (5/8) of an inch in diameter and thirty (30) inches in length, placed flush with the finished
ground elevation. Lot corners shall be established and placed prior to commencement of any
building construction.
(h) Public improvements
(1) The developer shall pay all costs for providing the development with streets, water mains,
sanitary sewers, and storm sewers in accordance with plane and specifications for such
improvement approved by the Director and in the manner set out in the adopted Utility Extension
Policy. The subdivider shall pay all costs associated with street lighting as set out in the PICM.
(2) The subdivider or developer shall guarantee construction of all approved public improvements
as provided in this section and in conformance with the adopted PICM.
(3) The installation of the approved improvements shall be under the inspection of the Director or
his representative and the Director shall certify the installation as being in accordance with the
26
Thursday, June 09, 2016
approved plans and specifications before the Commission will execute a Subdivision Plat for
recordation, or before the City will accept said public improvements for maintenance.
(i) Reimbursement for oversizing
(1) All improvements required in a Subdivision or Development will be installed at the developer's
cost, unless otherwise provided. The cost of utilities and streets which are required by the City to
be larger than would be normally needed to serve the proposed addition will be partially
reimbursed. The reimbursable amount will be the difference between the cost of the facilities that
would be adequate to serve the addition and the cost of the facilities required by the City. A
reimbursement contract will be negotiated between the City Council and the Developer.
0) Record drawings
(1) The engineer representing the developer must present to the Director project information
electronically to the City, reproducible complete "record drawings" for all paving, drainage
structures, water lines and sewer lines within thirty (30) days after completion of each contract.
The Director will not certify approval of public improvements construction until record [all]
drawings have been submitted.
(k) Fees, Filing/Application fees for plats, plans, waivers or other requirements as established in this
Chapter shall be in an amount established by the City and listed in Appendix A of this Code
(1) Plat/Plan Graphic Symbols. The following line symbols are established for all plans and plats:
(1) Boundaries: Show perimeter boundaries, right of ways and boundary lines between
development phases in bold solid lines ( ). Use solid lines ( ) for block and lot
boundaries.
(2) Building_ lines: Indicate by long dashes separated by short dashes ( _ _ ^ _ ).
(3) Easements: Indicate by short dashes ( _ _ _ _ ).
(4) Stream and depression high banks: indicate by long dashes separated by three short dashes
(5) Edge of flood hazard area: Indicate by long dashes separated by circles ( o o
o ).
(6) Adjacent proRerties: Indicate lines outside boundaries of proposed development by long dashes
(m) Plat/Plan Geometric Standards. The following table outlines geometric standards for plans and
plats:
Item Description
General Plan
Preliminary
Final
Development
Subdivision Plat
Subdivision
Site Plan
Plat
Dimensional Accuracy Standards
27
Thursday, June 09, 2016
Exact: Angles to the nearest second,
X
X
distances to the nearest hundredth of a
foot.
Approximate: Angles to the nearest
X
X
degree, distances to the nearest foot.
Line Definition: or all lines required to be d ne on a line beAveen two points U cohNr ered as " e rued" f We
following information is provide&
Bearing (in degree) for tangent
(straight) lines
X
X
X
X
Distance (in feet) for tangent (straight
X
X
X
X
lines
Radius of curve (R, in feet) for
X
X
X
X
curvilinear lines
Central delta angle (A, in degrees) for
X
X
curvilinear lines
Arc length (L, in feet) for curvilinear
X
X
X
X
lines
Cord length (C, in feet) for curvilinear
X
X
lines
Chord bearing (CB, in degrees) for
X
X
curvilinear lines
Lines to be defined for street rights-of-way (centerline and both edges), perimeter boundaries, lots, blocks
reserves a , all lines between any combi n o owin of
Points of beginning or ending X X X X
Lots, block, or reserve corners
X X X X
Angle points
X X X X
Points of tangency or curvature
X X X X
Points of inflection (reserve
X X X X
curvature)
Points of intersection with crossing
X X
lines for lots, blocks, reserves, rights-
of-way, easements, stream or
depression high banks, and flood
hazard area boundaries
Lines to be de tned or high banks of stream or depression
(no right-of-way or easement), lines between:
Points defining the limits of the high
X
X
X
bank
Points of intersection with crossing
X
X
lines for lots, reserves, easements and
rights-of-way
Lines to be de t
a,.
X
X
X
Points of defining the limits of the
flood hazard area (Consult City Flood
Zone Administrator for required
elevations)
Points of intersection with crossing
X
X
lines for lots, reserves, easements and
rights-of-way
(n) Title certificate information. A planning letter, certificate, abstract, or other instrument from a title
guaranty company or attorney authorized to render title opinions in the State of Texas, which certifies
than a search of the appropriate records was performed within thirty (30) days of the filing date and
which letter provides the following information:
28
Thursday, June 09, 2016
(1) The date of the examination of the records.
(2) A legal description of the property proposed to be developed including a metes and bounds
description of the boundaries of said land.
(3) The name of the recorded owner of fee simple title as of the date of the examination of the
records, together with the recording information or the instruments whereby such owner acquired
fee simple title.
(4) The names of all lienholders together with the recording information and date of the instruments
by which such lienholders acquires their interests.
(5) A description of the type and boundaries of all easements and fee strips not owned by the
developer of the property in question together with the recording information and date of the
instruments whereby the owner of such easements or fee strips acquired their title.
(6) A statement certifying that no delinquent city or county taxes are due on the property being
platted.
Sec. 86-16. Engineering and construction standards for subdivisions.
(a) Streets and alleys.
(1) All streets shall be reinforced concrete pavement on a compacted subgrade. Concrete pavement
shall be provided with either an integral curb poured with the pavement or a separate curb
constructed on top as required by the PICM and subject to the approval of the Director.
(2) Pavement design shall conform to the PICM.
(3) Curb and combination curb shall be constructed of reinforced concrete. Cross section and slopes
shall conform to the PICM.
(4) All concrete shall be designed and controlled by a competent laboratory as required by the
PICM.
(b) Drainage and storm sewer.
(1) Adequate drainage shall be provided within the limits of the subdivision as to reduce the
community's exposure to flood hazards with respect to adjacent, upstream and downstream
developments. (See also Chapter 94 "Floods" of the Code of Ordinances of the City of La Porte for
additional requirements.) Adequate drainage shall be provided within the limits of the subdivision
and/or development. The protection of adjoining property shall be accounted for in design of the
system in conformance with the PICM, and shall be subject to the approval of the Director. The
design and sizing of the system shall be in conformance with the PICM, and subject to the approval
of the Harris County Flood Control District and the Director.
29
Thursday, June 09, 2016
(2) Any person or persons that alters or changes the elevation of property shall be responsible for
applying for and obtaining, prior to said change or alteration of the elevation of the property, a
development authorization from the Department. Any change or alteration in the elevation of
property requires submission of a site plan prior to the change or alteration of property, which said
site plan shall delineate the proposed change or elevation of property. Said certified site plan shall
be subject to approval by the City Engineer.
(3) Fill dirt permit shall be required by the City. Exhibits show fill dirt regulations, grading
standards, and swale standards; requiring sketch plans and approval prior to the introduction of fill
material; and providing silt prevention and revegetation standards. Said fee shall be $25.00 for the
first 49 loads of permitted fill dirt, and $2.00 for each additional load. Any person who places fill
dirt on their property without first applying for and obtaining a fill dirt permit shall be guilty of a
misdemeanor.
(4) A stormwater quality permit may be required in accordance with city, state and federal law.
(c) Water and sewer system.
(1) The design and construction of all water and sewer systems shall be in conformance with the
PICM, and subject to approval by the Director. The developer or owner shall provide the necessary
certificates from all other governmental agencies certifying compliance with their regulations.
(d) Street lighting.
(1) All public streets and non- residential parking lots where intended for use by the general public
in the City must be served adequately by lights. Lighting must be located and installed in
accordance with the specifications of the PICM.
Sec. 86-25 Open space within subdivisions and developments.
(a) Purpose.
(1) It is the policy of the City to provide recreational areas and amenities in the form of
neighborhood and community parks as a function of residential development in the City of La
Porte. This Section is enacted in accordance with the home rule powers of the City of La Porte
granted under the Texas Constitution and statutes of the State of Texas, including, without
limitation, Texas Local Government Code, § 51.071 et seq. and § 212.001 et seq. It is hereby
declared tW by the City Council of the City of La Porte that recreational areas, in the form of
neighborhood parks and related amenities and improvements, are necessary and in the public
welfare, and that the only adequate procedure to provide for same is by integrating such requirement
into the procedure for planning and development of property of a residential subdivision in the City
of La Porte, whether such development consists of new construction on previously vacant land or
rebuilding and redeveloping existing residential areas.
Neighborhood and community parks are those parks providing for a variety of outdoor recreational
opportunities and within convenient distances from a majority of the residences to be served
thereby, the standards for which are set forth in the La Porte Parks, Recreation and Open Space
30
Thursday, June 09, 2016
Master Plan, or neighborhood and community areas. The park zones established by the La Porte
Parks and Recreation Department and shown on the official La Porte Parks, Recreation and Open
Space Master Plan, or neighborhood area, shall be prima facie evidence that any park located
therein is within such a convenient distance from the majority of residences to be served thereby.
The cost of the neighborhood parks should be borne by the ultimate residential property owners
who by reason of the proximity of their property to such parks shall be the primary beneficiaries of
such facilities. Therefore, the following requirements are adopted to effect such purposes.
In order to provide an equitable method of determination of the requirements for future
development of residential areas of the City of La Porte, the following formula is hereby adopted:
The population of the City based on the latest United States Census data, adjusted on an annual
basis based on the predicted growth of the City as found in the Parks and Open Space Master Plan
for the year in which the adjustment is made, is identified. The resultant number is divided by the
number of acres of available neighborhood and community parkland inventory in the City of La
Porte, resulting in the number of persons per neighborhood or community park acre in the City of
La Porte. This result is then divided by the number of La Porte persons per dwelling unit as
identified in the latest United States Census data, giving the number of dwelling units per acre of
neighborhood or community parkland. This number is then divided into the total acquisition cost
for land at the average appraisal value, and development cost per acre for development of the land
into a typical park as identified in the Parks and Open Space Master Plan of the City.
This formula provides a baseline for determining the number of dwelling units per acre rate for
future development within the City, the parkland dedication or in lieu acquisition costs for parkland,
and the cost of future park development. This formula shall be applied and reviewed periodically
to assure that the process for future development remains fair and equitable as established herein.
In the event that the periodic review results in a determination of inequity, an amendment to the
Ordinance to correct the inequity will be presented to Council for consideration.
(b) General requirement for dedication of land and payment of park development fee.
(1) Whenever a Final Plat is filed of record with the County Clerk of Harris County, Texas or a
development site plan, or a property survey is submitted and filed with the approving authority of
the City in accordance with the provisions of this ordinance and other planning and development
ordinances that may be contained within the Code of Ordinances of the City of La Porte, for a
development of a residential area within the City of La Porte that contains one or more residential
dwelling units, such plat, or site plan, or property survey shall contain a clear fee simple dedication
of one acre of land for each 93 proposed dwelling units. As used in this Section, a "dwelling unit"
means each individual residence, including individual residences in a multi -family structure,
designed and/or intended for inhabitation by a single family. Residential structures that are moved
from one area of the City to another area of the City are specifically excluded from the park
development fee requirements of this ordinance.
Any proposed plat or site plan, or property survey submitted to the City of La Porte for approval
shall show the area proposed to be dedicated under this section. The required land dedication of
this section may be met by a payment in lieu of land where permitted by the City of La Porte or
required by other provisions in this ordinance.
31
Thursday, June 09, 2016
In the event a plat is not required and a development site plan or property survey is filed, the
dedication of land or payment in lieu of land required under this section shall be met prior to the
issuance of a building permit by the approving authority of the City.
(2) The City Council of the City of La Porte declares that development of an area less than one acre
for neighborhood park purposes is impractical. Therefore, if fewer than 93 dwelling units are
proposed by a plat fled for approval, the approving authority may require the developer to pay the
applicable cash in lieu of land amount, as provided in subsection "c" below.
(3) In addition to the required dedication of land, as set forth above, there shall also be a park
development fee paid to the City of La Porte as a condition to subdivision plat approval or issuance
of a building permit. Such park development fee shall be set from time to time by ordinance of the
City Council of the City of La Porte sufficient to provide for the development of amenities and
improvements on the dedicated land to meet the standards for a neighborhood park to serve the area
in which the subdivision is located. Unless and until changed by ordinance of the City Council of
the City of La Porte, the park development fee shall be calculated on the basis of $318 per dwelling
unit.
(4) In lieu of payment of the required park development fee, a developer shall have the option to
construct the neighborhood park amenities and improvements. All plans and specifications for the
construction of such amenities and improvements must be reviewed and approved by the approving
authority. The developer shall financially guarantee the construction of the amenities and
improvements, and the City of La Porte must approve same, prior to the filing of a plat in the case
of platted subdivisions. Once the amenities and improvements are constructed, and after the
approving authority has accepted such amenities and improvements, the developer shall deed and
convey such amenities and improvements to the City of La Porte or to the applicable Homeowner's
Association.
(5) In instances where land is required to be dedicated, the approving authority shall have the right
to accept or reject the dedication after consideration of the recommendation of the Parks and
Recreation Director or the Planning and Zoning Commission, and to require a cash payment in lieu
of land in the amount provided under subsection "c" below, if the approving authority determines
that sufficient park area is already in the public domain for the area of the proposed development
or if the recreation potential for that area would be better served by expanding or improving existing
neighborhood parks.
(6) When two or more developments will be necessary to create a neighborhood park of sufficient
size in the same area, the Parks and Recreation Department, at the time of preliminary plat approval,
will work with the developer to define the optimum location of the required dedication within the
respective plats. Once a park site has been determined, adjacent property owners who develop
around the park site shall dedicate land and (or) cash to the existing site unless otherwise determined
by the approving authority, as provided herein.
(c) Cash payment in lieu of land.
32
Thursday, June 09, 2016
(1) A developer responsible for land dedication under this Section shall be required, at the
approving authority's option, to meet the dedication requirements in whole or in part by a cash
payment in lieu of land, in the amount set forth below. Such payment in lieu of land shall be made
prior to filing the final plat for record, or prior to the issuance of a building permit where a plat is
not required.
(2) The cash payment in lieu of land dedication shall be met by the payment of a fee set from time
to time by ordinance of the City Council sufficient to acquire neighborhood parkland. Unless and
until changed by the City Council, such fee shall be computed on the basis of $490 per dwelling
unit. A cash payment in lieu of land dedication, as set forth in this section, does not relieve the
developer of its obligation to pay the park development fee of $318 set forth in subsection (b)(3)
above. The cash payment in lieu of land dedication is in addition to the required park development
fee.
(3) The general requirements for dedication of land and payment of park development fees and the
cash payment in lieu of land are set forth graphically in Table 1, attached hereto.
(4) The City of La Porte may from time to time decide to purchase land for parks in or near the area
of actual or potential development. If the City does purchase park land in a park zone, subsequent
park land dedications for that zone shall be in cash only, the calculation of which is set forth as
provided herein. Such cash payments are in addition to the payment of the required park
development fee.
(d) Special fund.
(1) All funds collected by this dedication process will be deposited in the City of La Porte's Park
Development Fund and used for the purchase or leasing of park land and the development and
maintenance of same. All expenditures from the said fund will be reviewed and approved by the
Office of the City Manager for the City of La Porte.
(2) The City of La Porte shall account for all sums paid into the Parks Development Fund with
reference to the individual plats involved.
(e) Prior dedication, absence of prior dedication.
(1) If a dedication requirement arose prior to the passage of this Chapter, that dedication
requirement shall be controlled by the ordinance in effect at the time such obligation arose, except
that additional dedication shall be required if the actual number of dwelling units constructed upon
property is greater than the former assumed or planned number of dwelling units. Additional
dedication shall be required only for the increase in the number of dwelling units and shall be based
upon the land dedication and park development fee requirements set forth herein above.
(2) At the discretion of the City, any former gift of land to the City may be credited on a per acre
basis toward eventual land dedication requirements imposed on the donor of such lands. The
approving authority shall consider the recommendations of the Parks and Recreation Department
and the Planning and Zoning Commission in exercising its discretion under this subsection.
33
Thursday, June 09, 2016
(f) Additional requirements, definitions.
(1) Any land dedicated to the City under this Chapter must be suitable for park and recreation uses.
The following characteristics of a proposed area are generally unsuitable and may be ground for
refusal of any plat:
a. Any area primarily located in the 100 -year floodway as determined by the Harris County
Flood Control District.
b. Any areas of unusual topography or slope which renders same unusable for organized
recreational activities.
(2) Drainage areas may be accepted as part of a park if the channel is constructed in accordance
with City engineering standards as found in Section 5.5.3 of the Public Improvement Criteria
Manual of the City of La Porte, if no significant area of the park is cut off from access by such
channel, if not less than five (5) acres of the site is above the 100 -year flood plain, or if the
dedication is in excess of ten (10) acres, not less than fifty percent (50%) of the site should be
included in the 100 -year flood plain.
(3) Each park must have ready access to a public street.
(4) Unless provided otherwise herein, an action by the City shall be by the approving authority,
after consideration of the recommendations of the Commission and/or the Director of Parks and
Recreation Department.
(5) Any preliminary plat approved prior to the effective date of this ordinance shall be exempt from
these requirements set forth herein; however, however when such preliminary approval expires,
any resubmission of such plat shall meet the requirements of this ordinance.
(g) Instruments of dedication.
(1) The park land dedication required Section shall be made in the case of Subdivision by a
reservation on the Final Plat as filed in the map records of Harris County, Texas, unless additional
dedication is required subsequent to the filing of the Final Plat. In the case of a Development Site
Plan, the dedication required by the ordinance shall be made by filing of a deed to the deed records
of Harris County.
In either event, if the actual number of completed dwelling units exceeds the figure upon which the
original dedication was based, such additional dedication shall be required, and shall be made by
payment by the cash in lieu of land amount provided herein.
Sec. 86-26. Waivers.
(a) In those instances where, in the opinion of the Commission, strict compliance with the terms, rules,
conditions, policies, and standards provided in this Chapter would create an undue hardship by
depriving the applicant or subdivider of the reasonable use of the land or, where, in the opinion of the
Commission, there are unusual physical characteristics which affect the property in question and which
would make strict compliance with the terms and conditions of this Chapter or any rule promulgated
34
Thursday, June 09, 2016
under this Chapter not feasible, the Commission may grant the applicant or subdivider a waiver as to
one or more requirements as long as the general purpose of this Chapter is maintained. Economic
hardship shall not constitute the sole basis for granting a waiver under this section.
(b) A waiver granted under the provisions of this Chapter shall only to the specific property upon which
the Commission was requested to approve a plat and that such waiver shall not constitute a change of
this Chapter, or any part thereof, or establish any policy, rule or regulation contrary to the provisions
of this Chapter.
(c) Any waiver on a recorded plat granted before the date of adoption of this Chapter is hereby
recognized as continuing to be valid and compliance with the provisions of this Section shall not be
required.
(d) Any person desiring to secure a waiver as to the provisions of this Chapter must submit a written
request with the other materials (4.00 is Sketch Plans). Any request for a waiver must cite the specific
rule, policy or standard contained in this Chapter from which a waiver is desired. Additionally, the
request must state the extent of the waiver sought and the specific facts or reasons why such waiver is
needed
(e) No waiver may be granted by the Commission unless approved by a majority vote of the members
present at the meeting of the Commission at which the waiver request is presented and dmt where the
Commission affirmatively finds:
(1) That the waiver would not be contrary to the general purpose and goals stated in this Chapter.
(2) That the waiver would not be detrimental to the public health, safety or welfare, to be injurious
to adjacent property, or prevent the subdivisions or development of other land in the area in
accordance with the provisions of this Chapter.
(f) Such finding of the Commission, together with the specific facts upon which such findings are based
shall be incorporated into the official minutes of the Commission meeting at which such waiver was
granted."
Section 2. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be
Section 3. Each and every provision, paragraph, sentence and clause of this Ordinance has been
separately considered and passed by the City Council of the City of La Porte, Texas, and each said
provision would have been separately passed without any other provision, and if any provision hereof
shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the
remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been
passed alone.
35
Thursday, June 09, 2016
Section 4. Ordinance No. 1444, together with all amendments to Ordinance No. 1444, is expressly
repealed. Furthermore, all other ordinances or parts of ordinances in conflict herewith are hereby
repealed, but to the extent of such conflict only.
Section 5. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law preceding
this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to
the public as required by law at all times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting thereof.
Section 6. This Ordinance shall be effective fourteen (14) days after its passage and approval. The
City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to
be published in the official newspaper of the City of La Porte at least once within ten (10) days
after the passage of this ordinance.
PASSED AND APPROVED this the -Qday of , ZI-Lt , 2016.61
CITY OF LA PORTE, TEXAS
ATTEST:
AU L
Patrice Fogarty, C' ecret
APPROV D:
ark Askins, Assistant City Attorney
36
Thursday, June 09, 2016
O� a
n
0
City of La Porte Planning and Development Department
Established 1892 Tim Tietjens, Director
w
SIGNATURE BLOCKS AND CERTIFICATES
General Plans
Developer/Owner Signature Block:
The (Name of Development) General Plan is as proposed in this document. I/we
acknowledge that this document indentifies the intended development of the subject parcel.
Developer/Owner
❖ City Approval Signature Block:
This General Plan was reviewed and accepted by the City of La Porte Planning and Zoning
Commission on the _ day of , 20_
IM
Attest:
Chair of the Planning and Zoning Commission
Secretary, Planning and Zoning Commission
Site Development Plans
❖ Owner's Certificate:
I (or we), (name of owners), as Owners (whether one or more) of the number of acres
tract described in the above and foregoing site plan of (Name of development)do hereby establish
said development of said property according to all lines, dedications, restrictions and notations on
said site plan. I (We) further certify that all improvements shown on said site plan shall be
constructed in the locations shown.
ADDITIONAL PARAGRAPHS TO BE ADDED AS APPROPRIATE
When development contains natural drainage ways such as bayous, creeks, gullies, ravines, draws
or drainage ditches:
FURTHER, Owners agree to keep all of the property within the boundaries of this site
plan and adjacent to any drainage easement, ditch, drainage ways and easements clear of fences,
buildings, planting and other obstructions to the operations and maintenance of the drainage
facility and that such abutting property shall not be permitted to drain directly into this easement
except by means of an approved drainage structure.
When private streets and utilities are established within the site plan:
FURTHER, Owners agree that those streets and utilities located within the boundaries of
this site plan specifically noted as private, shall be maintained as private streets and utilities by
the owners, heirs, successors and assigns and, further, that said private streets shall always be
available for the general use of the public for firemen, firefighting equipment, police and other
emergency vehicles of whatever nature at all times.
When owner is an individual or individuals
WITNESS my (or our) hand in the City of this
day of , 20
(Name of Owner/s)
When owner is a company of corporation
In TESTIMONY WHEROF, the (Name of company) has caused these presents to be
signed by (Name of President), its President thereunto authorized, attested by its Secretary (or
authorized trust officer), (Name of Secretary of authorized trust officer), and its common seal
hereunto affixed by this day of , 20
ATTEST:
LE
:
(Name — President of Authorized Agent)
(Name of Company)
(Title)
Name — Secretary or Authorized Trust Officer)
(Title)
(Affix Corporate Seal)
Flood Statement:
This tract is in Flood Zone and [is/is not] within the 100 -year Flood Plain according
to FEMA Map # , Dated
Thursday, April 21, 2016
❖ Amendment Table:
All site plans shall include the following table:
AMENDMENT TABLE
Description of Proposed Modifications:
Date of Approval:
Approval Authority
Signature:
Common Name:
Scientific Name:
Amount Required:
❖ Landscape Table:
All site plans shall include the following table:
LANDSCAPE TABLE
Planting strip requirements per Section 106-800(c.1.b&c)
Symbol:
Common Name:
Scientific Name:
Amount Required:
Quantity Proposed:
Parking lot requirements per Section 106-800(c.1. e)
Number of Parking Spaces Provided:
Number of Trees Required (ratio 1 tree per 10 parking spaces):
Species of Shade Trees Provided as Parking Lot Landscaping:
Planters Required (ratio of 135 sq. ft. per 10 parking spaces):
❖ Parking Table:
All site plans shall include the following table:
Parking Table
Parking Spaces Required (Include parking ratio from Section 106-839):
Parking Spaces Provided:
Accessible Parking Spaces Required:
Accessible Parking Spaces Provided:
Thursday, April 21, 2016
❖ City Approving Authority Certificate:
Minor Development Site Plan:
This is to certify that on day of , 20 the City of LaPorte,
Texas, has approved this site plan and development of (Name of Development) in
conformance with the ordinances of the City of La Porte.
LI -M
Major Development Site Plan:
Director, Planning and Development
City Planner
City Engineer
This is to certify that on day of , 20 the City Planning and
Zoning Commission of the City of La Porte, Texas has approved this site plan and development
of (Name of Development) in conformance with the laws of the State of Texas and
the ordinances of the City of LaPorte.
ATTEST:
LN
IN
Chair, Planning and Zoning Commission
Secretary, Planning and Zoning Commission
LIN
Director, Planning and Development
City Planner
City Engineer
4
Thursday, April 21, 2016
Subdivision Plats
❖ Owners Acknowledgement.
STATE OF TEXAS
COUNTY OF HARRIS
I [or we], (name of owner or owners) acting by and through (name and title of officer)
being officers of (name of company or corooration, owner (or owners) hereinafter referred to as
Owners whether one or more of the (number of acres) tract described in the above and foregoing
map of (Name of subdivision) do hereby make and establish said subdivision of said property
according to all lines, dedications, restrictions and notations on said maps or plat and hereby
dedicate to the use of the public forever, all streets (except those streets designated as private
streets), alleys, parks, water courses, drains, easements and public places shown thereon for the
purposes and considerations therein expressed; and do hereby bind myself (or ourselves), my (or
our) heirs, successors and assigns to warrant and forever defend the title to the land so dedicated.
FURTHER, Owners have dedicated and by these presents do dedicate to the use of the
public for public utility purposes forever an unobstructed aerial easement five (5) feet in width
from a plane twenty (20) feet above the ground level upward, located adjacent to all common use
public utility easements shown hereon.
FURTHER, Owners do hereby declare that all parcels of land designated as lots on this
plat are originally intended for the construction of thereon and shall be
restricted for same under the terms and conditions of such restrictions filed separately.
ADDITIONAL PARAGRAPHS TO BE ADDED AS APPROPRIATE
When plat contains natural drainage ways such as bayous, creeks, gullies, ravines, draw or
drainage ditches:
FURTHER, Owners do hereby dedicate to the public a strip of land fifteen (15) feet wide
on each side of the high bank of any and all bayous, creeks, gullies, ravines, draws, sloughs, or
other natural drainage courses located and depicted upon in said plat, as easements for drainage
purposes, giving the City of LaPorte, Harris County, or any other governmental agency, the right
to enter upon said easement at any and all times for the purposes of construction and maintenance
of drainage facilities and structures.
FURTHER, Owners do hereby covenant and agree that all of the property within the
boundaries of this plat and adjacent to any drainage easement, ditch, drainage ways and
easements clear of fences, buildings, and other obstructions to the operations and maintenance of
the drainage facility and that such abutting property shall not be permitted to drain directly into
this easement except by means of an approved drainage structure.
When plat indicated building setback lines and public utility easements are to be established in
adjacent acreage owner by the subdivider:
5
Thursday, April 21, 2016
FURTHER, Owners do hereby certify that I am (or we) the owners of the property
immediately adjacent to the boundaries of the above foregoing plat of (name and subdivision)
where building setback lines or public utility easements are to be established outside the
boundaries of the above and foregoing plat and do hereby make and establish all building setback
lines and dedicate to the use of the public forever all public utility easements shown in said
adjacent acreage.
When private streets are established within the plat:
FURTHER, Owners do hereby covenant and agree that those streets located within the
boundaries of this plat specifically noted as private streets, shall be hereby established and
maintained as private streets, by the owner, heirs, successors and assigns to property located
within the boundaries of this plat and always available for the general use of said owners and to
the public for firemen, firefighting equipment, police and the other emergency vehicles of
whatever nature at all times and do hereby bind myself (or ourselves), my (or our), heirs (or)
successors and assigns to warrant and forever defend the title to the land so designated and
established as private streets.
To be used when the subdivision is within the Extraterritorial Jurisdiction of the City of La Porte:
FURTHER, Owners certify and covenant that they have complied with or will comply
with the existing Harris County Road Law, Section 31-C as amended by Chapter 614, Acts of
1973, 63`d Legislature and all other regulations heretofore on file with the Harris County Engineer
and adopted by the Commissioner's Court of Harris County.
When replatted under the provisions of Section 212.014 Texas Local Government Code:
FURTHER, the Owners hereby certify that this replat does not attempt to alter, amend, or
remove any covenants or restrictions; I, (we) further certify that no portion of the proposed area
to be replatted is limited by deed restriction to residential use for not more than two (2) residential
units per lot.
When replatted under the provisions of Section 212.014, Texas Local Government Code:
FURTHER, the Owners certify that this replat does not attempt to alter, amend or remove
any covenants or restrictions.
When owner is an individual or individuals
WITNESS my (or our) hand in the City of , this day of
, 20
(Name of Owner/s)
When owner is a company of corporation
6
Thursday, April 21, 2016
In TESTIMONY WHEROF, the (Name of company) has caused these presents to be signed by
(Name of President), its President thereunto authorized, attested by its Secretary (or authorized
trust officer), (Name of Secretary of authorized trust officer), and its common seal hereunto
affixed by this day of , 20
ATTEST:
IM
LIM
(Name — President of Authorized Agent)
(Name of Company)
(Title)
Name — Secretary or Authorized Trust Officer)
(Title)
(Affix Corporate Seal)
(Include Notary Acknowledgement)
❖ Harris County Clerk Filing Statement:
I, (name of County Clerk), Clerk of County of Harris, do hereby certify that the within
instrument with the certificate of authentication was filed for registration in my office on
_, 20_, at o'clock _.M., and duly recorded on
20_, at o'clock _.M., and in Film Code No. of the map
records of Harris County for said county.
Witness my hand and seal of office, at Houston, the day and date last above written.
(Name of County Clerk)
County Clerk
Of Harris County, Texas
0
Deputy
•3 Plat Accuracy Certificate:
I, _ (name of engineer or surveyor) , am registered under the laws of the State of
Texas to practice the profession of engineering (or surveying) and hereby certify that the above
plat is true and correct; and that all bearings, distances, angles, curve radius, and central angles
are accurately shown on the plat.
LE
Thursday, April 21, 2016
(Name of Engineer or Surveyor)
Texas Registration No.
(Affix Seal)
❖ Plat Final Survey Certificate:
I (name of surveyor) , registered under the laws of the State of Texas to
practice the profession of land surveying, do hereby certify that this plat accurately represents the
results of a survey performed under my supervision and that all boundary corners, single points
and points of curve have been, or will be, marked with five- eights inch iron rods not less than
thirty (30) inches in length and that this plat (site plan) complies with the requirements as
specified in the City of La Porte Development Ordinance.
(Name of Engineer or Surveyor)
Texas Registration No.
(Affix Seal)
❖ Notary Acknowledgement:
STATE OF TEXAS
COUNTY OF HARRIS
BEFORE ME, the undersigned authority, on this day personally appeared Names of
persons signing the plat, owners, and corporation officers), (corporation titles if appropriate,
known to me to be the persons whose names are subscribed to the foregoing instrument and
acknowledgement to me that they executed the same for the purposes and considerations therein
expressed (add for corporations, "and in the capacity therein and herein stated, and as the act and
deed of said corporation.").
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
920
My Commission Expires
(Sip -nature of Notary Public)
Notary Public in and for the State of
(Affix Notary Seal)
❖ Special plat statements to appear when appropriate on subdivision plats:
When any portion of land within the plat boundary lies inside a Flood Hazard Zone Area:
"Some land within this subdivision lies in a Flood Hazard Area. Such lands are subject
to an increased chance of flooding and the City of La Porte places stricter requirements on
8
Thursday, April 21, 2016
development therein through the La Porte Flood Hazard Prevention Ordinance. Flood Hazard
Area on this plat are shown as shaded."
When the plat contains public street rights-of-way bordering on unrestricted reserves or
unplatted acreage:
"A one foot reserve is hereby established within the street right of way adjacent to all
unrestricted reserves or unplatted acreage. Said one foot reserve shall be dedicated to the public
and shall be removed and thereafter be vested in the public for street right-of-way purposes only
upon proper platting of the adjacent unrestricted reserve or acreage."
❖ City Approving Authority Certificate:
Administrative Plat:
This is to certify that the City of La Porte, Texas, has approved this plat and subdivision of
(Name of Subdivision Plat) in conformance with the laws of the State of
Texas and the ordinances of the City of La Porte and authorized the recording of this plat on _
day of , 20
Director, Planning and Development
City Planner
City Engineer
Major Subdivision Plat:
This is to certify that the Planning and Zoning Commission of the City of La Porte, Texas, has
approved this plat and subdivision of (Name of Subdivision Plat) in conformance
with the laws of the State of Texas and the ordinances of the City of La Porte and authorized the
recording of this plat on day of , 20_
ATTEST:
0
Thursday, April 21, 2016
0
Chair, Planning and Zoning Commission
Secretary, Planning and Zoning Commission
WA
❖ Amending Plat Certificates:
Director, Planning and Development
City Planner
City Engineer
I (name of surveyor) , hereby certify that the following corrections were necessary to
eliminate errors which appear on the plat of (name of subdivision) , recorded on date
and month) (year) , in Volume (number) , page (number) (or
where applicable film code numbers) of the map records of Harris County, Texas:
(Provide a brief explanation of corrections required.)
IM
(Name of Engineer or Surveyor)
Texas Registration No.
(Affix Seal)
I (we), (names(s) or owner(s)) , owner(s) of the property directly affected by
this amending plat, being lot(s) (number) out of the block(s) (number)
as indicated hereon, do hereby consent to this amending plat for the purposes herein expressed.
(Name of Owner)
(Repeat as necessary.)
❖ Vacating Plat Certificates:
STATE OF TEXAS
COUNTY OF HARRIS
KNOW ALL MEN BY THESE PRESENTS:
I (we), (names(s) or owner(s)) or (name of president and secretary
or authorized trust officer of a company or corporation) , being the sole owner (owners) and
10
Thursday, April 21, 2016
proprietor of the following described property in the City of LaPorte, Harris County, Texas, to -
wit:
(Provide legal description of the property including, but not limited to, the acreage, the
name of the recorded subdivision, the name of the Survey and Abstract Number, and
recording references.)
Do hereby desire and declare that said plat, subdivision and dedication thereon be vacated and
cancelled so as to convert all of said platted property to acreage tracts as same existed before such
property was platted, subdivided and recorded.
(At this point any rights-of-way, easements or any other feature established in the
subdivision being vacated which will not be cancelled as a result of this vacation action
should be described.)
11
Thursday, April 21, 2016
OF A
9
., City of La Porte Planning and Development Department
v m Established 1892 Tim Tietiens, Director
tr�u�
April 21, 2016
Honorable Mayor Rigby and City Council
City of La Porte
RE: Proposed Amendments to the city's Development Ordinance (Ordinance No. 1444)
Dear Mayor Rigby and City Council:
The La Porte Planning and Zoning Commission held a public hearing at the March 17, 2016
meeting to consider a recommendation of approval on proposed modifications to Ordinance No.
1444, more commonly known as the City of La Porte Development Ordinance. The Development
Ordinance was originally adopted on June 10, 1985, and has been the subject of numerous
amendments and revisions. The Development Ordinance includes provisions both regulating and
establishing a review process for subdivisions, site plans and other development -related
requirements. The proposed modifications also include codifying the regulations as part of Chapter
86 of the City of La Porte's Code of Ordinances.
The Commission voted unanimously to recommend approval of the provisions as included in the
drafted ordinance presented in the Request for City Council Agenda Item.
Respectfully submitted,
Hal Lawler
Chairman, Planning and Zoning Commission
cc: Tim Tiet ens, Director of Planning and Development
Department File
City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020
Planning and Development LaPorte, TX 77571-6215 Fax: (281) 470-5005
wwwJaportet)c.gov