SECTION 1 - DEFINITIONS
For this ordinance the terms below are defined as
follows:
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ALLEY - A narrow right-of-way or easement not in
excess of 30 feet in width usually dedicated adjacent to the rear or
side of a lot within a subdivision generally providing limited access
to the lots abutting said right-of-way or easement.
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AMENDED PLAT - A plat of a previously approved
and recorded SUBDIVISION containing significant changes to the
original recorded plat including moving of lot lines, deleting or
adding lots, changes in dedication of STREETS and EASEMENTS, or
changes in signatories. The AMENDED PLAT requires re-filing and
reconsideration by the CITY COUNCIL.
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ATTACHED SINGLE FAMILY DEVELOPMENT - A
SUBDIVISION of property and subsequent DEVELOPMENT in which the LOTS
are each platted for construction of one single-family dwelling, but
in which one or both SIDE YARDS are zero width in such a way as to
cause the dwellings on adjacent lots to be attached to each other.
This definition best fits what is commonly known as "townhomes" or
even "row houses".
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BASE FLOOD - The flood resulting from rainfall
events which could mathematically be expected to be exceeded only once
in any 100 year period. The "100-year flood" as that term is defined
by the Federal Emergency Management Agency or its successors.
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BUILDING SET-BACK-LINE - An imaginary line
measured parallel to and a set distance (as prescribed elsewhere in
this ordinance) from the surrounding lot line(s) toward the lot
interior forming a closed geometric shape which in turn constitutes
the "buildable" area of a lot. No permanent dwelling or garage,
carport, shelter, portacochere, or any out building, any of which is
larger than 100 square feet of floor space measured on the outside
walls at the foundation, may be placed between the BUILDING
SET-BACK-LINE and the LOT lines. This requirement shall not apply to
walks, drives, landscaping, small out buildings (smaller than 100 s.f.),
swimming pools, or similar improvements. The required BUILDING
SET-BACK-LINE shall be measured from the lot line to the building
foundation or covered porch foundation and not to the eaves or gables
normally overhanging those foundations.
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CITY - The City of Livingston, Polk County,
Texas.
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CITY COUNCIL - The duly elected City Council of
the City of Livingston, Texas.
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CITY ENGINEER - The duly appointed ENGINEER or
ENGINEERS designated by the City of Livingston to represent the city
in engineering matters.
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CITY LIMITS - The official outline limits of the
City of Livingston as determined by ordinance and all subsequent
modifications by annexation or deannexation.
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COMMERCIAL SUBDIVISION - Any SUBDIVISION for
other than residential development under any of the categories of
SINGLE-FAMILY or MULTI-FAMILY DEVELOPMENT described in this ordinance
This definition would include but not be limited to subdivisions for
shopping centers, malls, wholesale or retail stores, restaurants,
industrial parks, warehouses, manufacturing, offices, schools,
churches, banks or automobile dealerships.
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COMMON AREA - An area specifically noted on a
plat to be reserved for use of the residents or lot owners of a
SUBDIVISION but not platted into a building site lot.
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CONDOMINIUM DEVELOPMENT - A special type of
MULTI-FAMILY DEVELOPMENT in which ownership of the separate living
units within a MULTI-FAMILY DEVELOPMENT is separate while the real
property on which the several living units is situated is under
common, undivided ownership.
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CUL-DE-SAC - A bulbous widening at the terminus
of a dead-end STREET providing necessary width for turn-around of
vehicles using the STREET.
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DETACHED SINGLE FAMILY DEVELOPMENT - A
SUBDIVISION of property and subsequent DEVELOPMENT in which the LOTS
are each platted for construction of one single-family dwelling, set
back from the lot lines as prescribed in this ordinance and unattached
to any other dwelling.
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DEVELOPER - An individual, partnership,
corporation or other legal entity proposing to or actually making
improvements on land, modifying land, or subdividing land for purposes
of conveyance, or operation of business(es), or renting or leasing of
real estate or any or all of these.
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DRIVEWAY - The improved or semi-improved access
way between a lot and the adjacent STREET pavement usually consisting
of a paved surface bounded by radii on each side to match the STREET
pavement.
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DWELLING UNIT - A single family dwelling whether
conventional construction, modular construction or a mobile home; a
single apartment; one half of a duplex; a single condominium unit; any
similar derivation of a space, whether detached or not, intended for
occupancy by one family or tenant.
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EASEMENT - That area of land forming a corridor
through which ingress and egress, or utilities for public use (or any
or all of them) may be constructed, which area of land is not
dedicated to the public but rather reserved for limited and specified
uses shown on the plat and otherwise remaining the domain and estate
of the easement grantor or his successors in title.
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ENGINEER - A Registered Professional Engineer in
the State of Texas, in good standing, currently licensed to practice
engineering under the state's Engineering Practices Act.
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EXTRATERRITORIAL JURISDICTION - The area
adjacent, parallel and contiguous to the city limits of the City of
Livingston extending a distance from the city limits as prescribed in
state law over which the city exerts platting and subdivision
control. At the time of enactment of this ordinance that distance is
prescribed as one (1) statute mile.
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FLOOD PLAIN - The sectional width of the flood
for any stream during the height of the BASE FLOOD prior to any
filling activity or modification of the stream section. The "flood
plain" as that term is defined by the Federal Emergency Management
Agency or its successors.
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FLOODWAY - That area of the FLOOD PLAIN in which
placement of fill is prohibited because the unobstructed cross-section
is required for conveyance of the BASE FLOOD. The "floodway" as that
tern:-is defined by the Federal Emergency Management Agency or its
successors.
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FLOODWAY FRINGE - That area between the FLOODWAY
and the limits of the FLOOD PLAIN where the placement of fill is
permitted under the rules of the Federal Emergency Management Agency
under its definition of "floodway fringe".
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FRONT YARD - That area between the front lot
line, normally the STREET or RIGHT-OF-WAY line, and the parallel front
BUILDING SET-BACK-LINE. When a lot is a corner lot the FRONT YARD
shall be determined as the SET-BACK-LINE from the narrow side of the
lot. If a lot has double frontage, that is, fronts on two streets on
opposite sides of the lot, then the FRONT YARD shall apply to both
STREET frontages and the BUILDING SET-BACK-LINE measured from each
front lot line.
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GREENBELT - A reserved area of open space, wooded
lands, wetlands or other natural or semi-improved area which area is
dedicated as GREENBELT on a plat and thereby left undeveloped and not
part of a residential or commercial LOT. A GREENBELT may, with
approval of the CITY, be dedicated by plat to the public as a park or
reserved as a COMMON AREA for the restricted use of the residents of a
SUBDIVISION.
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LOT- A small parcel of land taken from a larger
parent tract of land by the act of SUBDIVISION for purposes of
conveyance, or operation of business(es), borrowing money or renting
or leasing of real estate or any or all of these.
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MULTI-FAMILY DEVELOPMENT - A SUBDIVISION of
property and subsequent DEVELOPMENT in which LOTS are platted for
construction of two or more single-family dwellings on a single lot
such as in duplexes, triplexes, quadraplexes and apartments.
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OWNER - (Also a PROPERTY OWNER) - An individual,
partnership, corporation or other legal entity possessing lawful title
to a tract of land or LOT. An OWNER may or may not necessarily be a
DEVELOPER.
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PARKWAY - That area between the back of curb for
a curbed street or the edge of pavement for an uncurbed street and
the nearest RIGHT-OF-WAY line. Also, the unpaved, non-traffic area
between curbs on a divided street
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PLAT - A map documenting the boundaries and
conditions of a parent tract or tracts of land and on which new
subdivided LOTS, combined lots, dedications or closures of public or
private STREETS or EASEMENTS, BUILDING SET-BACK-LINES or any other
information for the development of the parent tract or tracts, or any
or all of these, are shown either in preliminary or final form for
review by the CITY and CITY COUNCIL. If approved by the CITY COUNCIL
the plat in final form may be filed with the plat records of Polk
County
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PRIVATE STREET - A STREET not dedicated for
public use but providing vehicular ingress and egress to authorized
users or emergency vehicles only.
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REAR YARD - That area between the rear lot
line(s) and the parallel rear BUILDING SET-BACK-LINE.
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RESIDENTIAL SUBDIVISION - Any development under
definitions 3, 12, 14, 27, or 41.
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RIGHT-OF-WAY - That area of land forming a
corridor through which street pavements, sidewalks, or utilities for
public use (or any or all of them) are constructed, which area of land
is dedicated by the final plat to the public in perpetuity.
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SCRIBNER ERROR - A minor error in notation on a
plat that, upon correction by the maker of the error, would not affect
the intent of the plat or its legal validity and therefore not require
the consent of the signatories or the reconsideration by the CITY
COUNCIL. An error in a called bearing or distance, an adjacent street
name, a spelling error, or addition of a north arrow would constitute
SCRIBNER ERROR.
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SIDE YARD - That area between the side lot lines
and the parallel side BUILDING SET-BACK-LINE.
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STREET - A right-of-way or easement for vehicular
ingress and egress as distinguished from the pavement or roadway
improvements which may or may not be constructed within a STREET.
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SUBDIVISION - The process of a) dividing a tract
or tracts of land for the purposes of conveyance and/or improvement or
development of real estate, whether residential or non-residential in
actual or intended use, or b) the dedication of streets, alleys or
easements adjacent to or across a tract or tracts of land.
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SURVEYOR - A Registered Professional Land
Surveyor in the State of Texas, in good standing, currently licensed
to practice land surveying under the states Surveying Practices Act.
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UNIT - or SUBDIVISION UNIT- Any smaller portion
of a larger master planned tract which a DEVELOPER desires to plat and
construct and for which a preliminary and final plat will be required
as set forth in this ordinance.
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ZERO-LOT LINE DEVELOPMENT - A type of DETACHED
SINGLE FAMILY DEVELOPMENT in which the SIDE YARD on one side only for
each LOT is of zero width. Since the zero-width SIDE YARD occurs on
the same side of every lot within a block, the dwellings still remain
detached from each other.
TOP
SECTION 2 - PLATTING
2.1 PLATTING REQUIRED - A plat(s) is (are) required to be filed
prior to any one or more of the following events:
1) SUBDIVISION of any size parent tract or tracts into two or
more lots where any one resulting lot is less than two and one half (2
'/z) acres in size within the CITY LIMITS of the CITY or within its
EXTRATERRITORIAL JURISDICTION.
2) Dedication of any public STREET, ALLEY or EASEMENT across or
along a boundary of a tract whether or not it is to be divided into
lots.
3) A building permit or certificate of occupancy is requested
for a heretofore unplatted lot.
4) Removal of a lot line for combining lots or relocating lot
lines to modify the size of lots.
5) Extension of water, sewer and electrical service or any of
these to a previously unplatted LOT.
2.1.1 PLATTING
PROCEDURE - Platting procedures are described in this section for the
appropriate type plat under the heading of MASTERPLAN, PRELIMINARY PLAT,
or FINAL PLAT.
2.2 AMENDING PLATS
2.2.1 REPLATTING REQUIRED - Replatting is required.
1) To correct major errors on a previous plat.
2) To undedicate a STREET, ALLEY, or EASEMENT previously
dedicated by plat.
3) To change lot lines, number of lots, sizes of lots, or to add
STREETS, ALLEYS, or EASEMENTS on a previously approved plat.
2.2.2 REPLATTING PROCEDURES - Replatting procedures are identical to
the procedures for FINAL PLAT with the following exceptions:
1 ) REPLATS by law
require either:
a. The
consent of all lot holders within the SUBDIVISION UNIT being amended to
the changes
contained in the REPLAT, or
b. A
public hearing by the CITY COUNCIL and an affirmative vote by that body
to the changes
contained in the REPLAT.
2) REPLATS do not
require a PRELIMINARY PLAT
2.2.3 SCRIBNER'S ERROR - SCRIBNER'S ERRORS may be corrected by the
SURVEYOR only and without the necessity of refiling or REPLATTING.
2.3 GENERAL LAND PLANNING REQUIREMENTS
2.3.1 STREET ALIGNMENT AND EXTENSIONS - STREETS shall be platted to
provide adequate ingress and egress to the property and circulation
within the SUBDIVISION. Provisions must be made for the continuation of
prior STREETS stubbed into the platted tract or for STREETS, which in
the opinion of the CITY are necessary for general circulation of
traffic, or for STREETS which abut of will in the future abut the
SUBDIVISION. A DEVELOPER may therefore be required to include in his
overall layout through-streets, collectors or thoroughfares for the
improvement of the CITY's overall transportation system.
2.3.2 BLOCK LENGTH - In general, block lengths should not exceed
1,500 feet when measured along the centerline of the STREET from the
centerline intersection of a crossing street to the centerline
intersection of another crossing street. For CUL-DE-SACS, the length
measured from the centerline intersection of a crossing street to the
extreme end of the CUL-DE-SAC should not exceed 1,000 feet and
preferably not more than 600 feet.
2.3.3 LOT SIZE - LOT size will vary with the use of the LOT but the
following minimums shall govern unless variances are requested and
granted by the following table:
TABLE 2.1 - MINIMUM LOT SIZES AND BUILDING SET BACK LINES
|
LOT USE |
MIN. S.F. |
MIN. FRONT
DIMENSION |
MIN. DEPTH
DIMENSION |
MIN. FRONT
YARD |
MIN. REAR
YARD |
MIN. SIDE
YARD |
SINGLE
FAMILY
DETACHED3 |
6,000 |
50 |
90 |
25 |
25 |
5 |
SINGLE
FAMILY
ZERO LOT
LINE |
4,500 |
40 |
90 |
20 |
20 |
101 |
SINGLE
FAMILY
ATTACHED
DUPLEX
TOWNHOMES,
ETC. |
4,500 |
30 |
80 |
20 |
20 |
n/a |
MULTIFAMILY
APARTMENTS,
ETC4 |
n/a |
n/a |
n/a |
20 |
20 |
20 |
|
COMMERCIAL |
n/a |
n/a |
n/a |
02 |
02 |
02 |
|
1 On the
opposite side lot line from the zero lot line.
2 When a
commercial lot abuts a residential lot, then the minimum set back on
that side of the commercial lot adjoining the residential lot shall be
identical to (hat set back for the residential lot on the common
property line. For example, for a commercial lot abutting a common
side lot line on a residential lot, the set back for both the
residential and the commercial lot is 5 feet. If the commercial lot
abuts on the rear of a single family lot, then the rear yard set back
for both properties is the same as prescribed in Table 2.1 for the
single family lot
3 A modular,
factory built or mobile home shall be classified a single family
detached home if the home is sited by itself on a single subdivided
lot.
4 Multiple
modular, factory built or mobile homes shall be classified
"multifamily" for the purposes of this section if more than one mobile
home is situated on an undivided tract such as in a mobile home park
or community where spaces or homes or both are leased or rented but
lots are not conveyed to home owners.
2.3.4 BUILDING SET-BACK-LINES - BUILDING SET-BACK-LINES shall conform
to the minimum set back lines shown in Table 2.1 above except when lots
on either side of a prospective building site lot have already been
developed. In this case, the FRONT YARD SET BACK LINE shall not be
parallel to the front lot line but rather the FRONT YARD SET BACK LINE
shall be a straight line between the nearest front corners of the
buildings on either side of the prospective building site. In no case,
however, shall the SET-BACK-LINE be less than that prescribed in Table
2.1.
2.3.5 STREET DIMENSIONS - Dedicated RIGHT-OF-WAY
widths and pavement widths shall conform to the following table:
TABLE 2.2 - STREET AND ALLEY RIGHT-OF-WAY AND PAVEMENT WIDTHS
| Street
Classification3 |
Minimum
Right-Of-Way |
Minimum
Pavement Width |
| RURAL |
50 FEET |
24 FEET
EDGE TO EDGE1 |
| MINOR |
50 FEET |
32 FEET2 |
| COLLECTOR |
60 FEET |
36 FEET2 |
| ARTERIAL |
70 FEET |
48 FEET2 |
| ALLEY4 |
20 FEET |
20 FEET
EDGE TO EDGE1 |
|
1 Where
curb and gutter is not required by the CITY.
2
Perpendicular back-of-curb to back-of-curb distance.
3 The street
classification is determined by the CITY on the basis of the
development size, location and other factors.
4 Alleys shall
be paved the full width of the right-of-way.
2.3.6 EASEMENTS - EASEMENTS are required whenever utilities or storm
drainage lines other than lot services will be installed outside the
RIGHT-OF-WAY, wherever the CITY determines a need for drainage channels
or stream easements, or along federally designated floodways. EASEMENTS
shall be wide enough to afford clearances between parallel utility lines
and/or storm sewers and to afford satisfactory ingress and egress for
maintenance of lines. EASEMENTS may be dedicated to the public or
reserved for private use depending on the circumstances and at the
CITY'S option to designate public or private easements.
2.3.7
INTERSECTION ANGLES - No STREET shall intersect another at an interior
angle less than 75 degrees.
2.3.8 RESERVED STRIPS - No RESERVED STRIPS shall be allowed to be
shown on the plat. A RESERVED STRIP is an otherwise unbuildable strip of
land to limit access to a public STREET, ALLEY OR EASEMENT from an
adjacent tract of land or SUBDIVISION either intentionally or de facto.
2.3.9 FLOOD PLAINS - The planning of the SUBDIVISION shall include
consideration of all federally designated FLOOD PLAINS and FLOODWAYS.
FLOODWAY EASEMENTS shall be dedicated on the final plat. Minimum
finished floor elevations for each lot within and adjacent to flood
plains shall be calculated in accordance with Federal Emergency
Management Agency approved water surface profiling methods. Likewise
development within and across FLOOD PLAINS requires engineering analysis
of impacts resulting from filling, channeling, bridging, or otherwise
affecting the carrying capacity of streams. PLATS will not be approved
without submission of such engineering analyses to the CITY when
PRELIMINARY PLATS are submitted.
2.3.10 WETLANDS - In platting a SUBDIVISION the designer shall consider
statutory WETLANDS as that term is defined by federal law. WETLANDS may
be platted as COMMON AREAS or GREENBELT. WETLANDS may not be filled
without appropriate federal permits.
2.3.1 1 PARKS - Public park land needs shall be considered in the
master planning of property. However, no land may be dedicated to the
public by plat as a PARK or recreation space or as GREENBELT without
approval of the CITY. GREENBELTS may be dedicated to the public or
retained as private park area within a subdivision at CITY'S option.
I',
2.3.12 PRIVATE STREETS - Private streets must be master planned and
platted just as required for public STREETS. In no case may the
width of pavement on PRIVATE STREETS be less than 25 feet between
back-of-curbs nor shall the platted width of PRIVATE STREETS be less
than the pavement width. Entrances into and exits from SUBDIVISIONS with
PRIVATE STREETS shall be designed with ample traffic storage lanes,
especially in gated communities where entry may be delayed by guards or
control gates. Financial provisions for perpetual maintenance of PRIVATE
STREETS must be included in property owners associational bylaws
approved by the CITY. Where public utilities will be installed in
PRIVATE STREETS, easements shall be dedicated for those utilities.
2.3.13 LIMITING
INGRESS AND EGRESS - Ingress and egress into SUBDIVISIONS on PUBLIC
STREETS may not be restricted by gates, security guards, speed bumps or
other obstructions or impediments to the traveling public. Ingress and
egress may be restricted on PRIVATE STREETS subject to the limitations
in paragraph 2.3.12 above. The CITY may limit ingress and egress into
STREETS from SUBDIVISION LOTS when, in the opinion of the CITY, the
ingress and egress would present an unsafe condition. For example, rear
access from residential lots backing onto a major arterial street could
be prohibited by the CITY. In such a case, a restrictive clause shall be
included on the FINAL PLAT.
2.3.14 ALLEYS -
ALLEYS, either private or dedicated to the public, are permitted if
platted and constructed in accordance with the minimum
dimensions shown in Table 2.2 of this ordinance. ALLEYS shall be planned
to afford traffic circulation. No dead-ends shall be permitted. Neither
shall tight corners which cannot be negotiated by refuse trucks or
emergency vehicles be permitted. Trash receptacles, gas meters, pad
mount electrical transformers or other surface obstructions may not be
placed within the paved width of the ALLEY.
2.3.15 OFF-STREET PARKING (or ON-SITE PARKING) - LOTS shall be of
sufficient size to afford adequate OFF-STREET PARKING for all residents,
customers or employees without the necessity to parallel park on curbs
on PUBLIC STREETS. Head-in or angle parking in SUBDIVISIONS shall not be
permitted in PUBLIC STREETS. Backing into PUBLIC STREETS in SUBDIVISIONS
shall not be permitted from parking spaces on adjacent private LOTS but
rather traffic aisles shall be provided on private property and the
STREET accessed through properly designed DRIVEWAYS. In any type of
RESIDENTIAL DEVELOPMENT not less than two (2) on-site (off-street)
parking spaces shall be provided for each DWELLING UNIT.
2.4 MASTER PLAN FOR SUBDIVISIONS
2.4.1 MASTER PLAN REQUIRED - A MASTER PLAN shall be required when a
developer proposes to plat in one or more UNITS a tract or contiguous
group of tracts constituting at least ten (10) acres.
2.4.2 CONTENT OF THE MASTER PLAN - On the face of the
MASTER PLAN shall be the following:
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The plan of
development drawn in ink to a scale of not more than 300 feet to the
inch and delivered to the CITY on polyester drafting film media
with an overall dimension not to exceed 24 inches by 36 inches.
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The MASTER PLAN shall
show proposed street right-of-ways, street paving widths, proposed
water and sewer extensions off-site and within the
SUBDIVISION.
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Contours of not less
than 10-foot contour interval taken from U.S.G.S. quadrangle
maps, on-site surveys, or other aerial surveys of the property.
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All federally
designated floodplains. Water courses, ponds, dams, channels and
lakes.
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Proposed lot lines
and scaled lot dimensions.
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Abutting street widths
and water and sewer utilities and those terminating into the property
from adjacent subdivisions.
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Street and subdivision
names, names of the developer(s), names of adjacent property owners of
unsubdivided land.
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A north arrow and a
graphic scale bar.
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Any proposed park,
greenbelt, or common area space must be labeled clearly.
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An area map showing
the vicinity of the subdivision
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Any existing
improvements which will remain on the property such as traversing
sewer mains or storm drains
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The survey abstract
name and number for the property.
2
4.3 PRE-PLANNING MEETING - A pre-planning meeting with CITY staff and
consultants, though not required, is recommended and will be scheduled
by the CITY at the request of the DEVELOPER.
2.4.4 FILING OF MASTER PLANS - MASTER PLANS shall be filed with the
CITY SECRETARY at least twenty one (21) days in advance of the City
Council meeting where the DEVELOPER desires the MASTER PLAN to be
considered for approval. A reproducible polyester film positive, sepia
or original drawing shall be submitted with five (5) full size
photocopies, ink plots or bluelines to the CITY SECRETARY along with an
application form showing the name of the DEVELOPER, his address, and
telephone number.
2.4.5 COUNCIL
APPROVAL - Following staff review, the DEVELOPER will be notified by the
CITY SECRETARY of the placement of the MASTER PLAN on the agenda for
City Council approval. The Council will consider the MASTER PLAN in
called or regularly scheduled City Council meetings duly noticed in
advance. The DEVELOPER will be permitted to make presentation of the
PLAT and protestors will be likewise permitted to voice objections to
the plan. City Council may approve the plan as submitted, approve the
plan with stipulations, or disapprove MASTER PLANS.
2.4.6 EXPIRATION OF MASTER PLAN APPROVAL - Any MASTER PLAN approved
by the City Council, for which no subsequent PRELIMINARY PLAT of any
portion of the MASTER PLAN is filed with the CITY SECRETARY within one
calendar year of the date of City Council approval shall automatically,
and without notice or any action on the part of the City, be rescinded
and considered null, and of no force and effect.
2.4.7 SUBDIVISION SURVEY CONTROLS - The CITY has monumentation for
the Texas Plane Coordinate System as well as a bench mark circuit based
on U.S. datum. Surveyors, on all plats, shall show coordinates to at
least one corner of the property in the Texas Plane Coordinate System.
Likewise, all construction plans, floor elevations, and topographic
surveys for subdivision plans or commercial development plans shall be
on the vertical datum plane of the CITY and the reference benchmark(s)
shall be duly noted on the drawings. All plat bearings shall be rotated
to the Texas Plane Coordinate System.
2.4.8 ELECTRONIC MEDIA - Along with the prints and polyester film
plats required elsewhere in this ordinance, the SURVEYOR shall provide
to the CITY all final plats digitally, after construction has been
completed and accepted by the CITY, in magnetic media or compact disk in
AutoCAD drawing format.
2.5 PRELIMINARY PLAT
2.5.1 PRELIMINARY PLAT REQUIRED - A preliminary plat is required to
be filed with the City and approved by the City Council when any one of
the following is true:
-
The DEVELOPER has received approval of a MASTER PLAN and
desires to continue the development process.
-
The tract for development is less than ten (10) acres and
is, therefore, exempt from provisions of paragraph 2.4 requiring a
MASTER PLAN but the DEVELOPER will seek to:
a.
Dedicate new public or private streets, alleys, easements, parks or
common lands or,
b.
Extend water and sewer mains into a property (other than normal
services into a lot)
c.
Develop land through which City requires arterial streets, major water
lines
or sewer lines, or drainage ways.
3 When deemed necessary and appropriate by the CITY.
2.5.2 CONTENT OF THE PRELIMINARY PLAT- On the face of the
PRELIMINARY PLAT shall be the following
1 The PRELIMINARY PLAT UNIT
boundaries and lots shown superimposed on the overall MASTER PLAN
(or a portion of the MASTER PLAN if the MASTER PLAN is too large to
show at the required scale), if a MASTER PLAN was previously required,
drawn in ink to a scale of not more than 100 feet to the inch and
delivered to the CITY on polyester drafting film media with an overall
dimension not to exceed 18 inches by 24 inches.
2 The PRELIMINARY PLAT shall show
proposed street right-of-ways within the UNIT as calculated and
plotted by a SURVEYOR together with calculated UNIT boundaries with
dimensions and called bearings.
3) Proposed Contours of not less than
10-foot contour interval taken from U.S.G.S. quadrangle maps,
on-site surveys, or other aerial surveys of the property.
4) All federally designated
floodplains. Water courses, ponds, dams, channels and lakes. Proposed
floodplain or floodway easements to be dedicated on the FINAL PLAT.
5) Proposed UNIT lot and block lines
calculated to 1/100th of a foot in length; curve data including radii,
tangent length, arc and central angle; distances from lot corners to
points of curvature and points of tangency; partial arc lengths and
other dimensions necessary for locating lot corners, points of
intersection and deflection.
6) Abutting
streets and those terminating into the property from adjacent
subdivisions.
7) Street and
subdivision names and name(s) of the DEVELOPER(s).
8) A north arrow
and a graphic scale bar.
9)Any proposed park, greenbelt, or common area space must be
labeled clearly and dimensioned with distances and bearing calls
similar to lots.
10) An area map
showing the vicinity of the subdivision.
11) Survey abstract name and number.
12) Latitude and longitude of one corner of
the property OR the Texas Plane Coordinate System coordinates for one
corner of the property.
13) UNSIGNED Certifications by the SURVEYOR
and the OWNER of the land (not the DEVELOPER) as follows:
| SURVEYORS CERTIFICATE:
"This is to certify that I, ______________________, Registered
Public Surveyor No. ________ have made an on-the-ground survey of
the property shown hereon and prepared this plat for subdivision
of same; that all block corners, angle points and points of
curvature and tangency are properly marked with two-foot long,
1/2" diameter rod, and that this plat correctly represents tht
survey made by me during the month of _________, ________(year).
Given under my hand this the _____ day of ___________,
________(year)."
| (SEAL) |
____________________________
Signature |
|
| OWNER'S CERTIFICATE (Public Streets):
"This is to certify that I, _________________________ (name),
in my capacity as __________(officer, partner, etc.) of
___________________________(corporation, partnership), owner(s) of
the tract of land shown hereon for subdivision and duly authorized
to do so, do accept this plat of subdivision and do hereby
dedicate to the public forever the streets, alleys, easements and
public use lands shown hereon.
Given under my hand this the _______ day of _____________,
_______(year)."
| |
_____________________________
Signature |
|
| OWNER'S CERTIFICATE (Private Streets):
"This is to certify that I, _________________________ (name),
in my capacity as __________(officer, partner, etc.) of
___________________________(corporation, partnership), owner(s) of
the tract of land shown hereon for subdivision and duly authorized
to do so, do accept this plat of subdivision and do hereby
dedicate to the public forever the easements and public use lands
shown hereon while reserving and conveying unto the designated
association of property owners all private streets, private alleys
and common lands hereon shown.. Given under my hand this the
_______ day of _____________, _______(year)."
| |
_____________________________
Signature |
|
| 2.5.3 |
CERTIFICATIONS REQUIRED - Each certification above
shall be shown on the faces of the plat UNSIGNED, accompanied by a
separate certification by a Notary Public also on the face of the
plat. If a DEVELOPER is not the OWNER, the OWNER or one OWNER may
sign for another if empowered by a legally authorized
power-of-attorney. In addition the following certification forms
shall be provided by completion after approval of the FINAL PLAT
if the subdivision development is within the city limits of
Livingston: |
"I, _________________________, Clerk of the
County Court of Polk County, Texas do hereby certify that the
within instrument with its certificate of authentication was filed
for registration in my office on __________, __________(year) at
__________o'clock______, and duly recorded in Volume______,
Page________ Plat Records, Polk County, Texas.
Witness my hand and seal of office on the day date last above
written."
| |
___________________________
County Clerk, Polk County, Texas
By:________________________
Deputy |
|
"I, _________________________, Clerk of the
County Court of Polk County, Texas do hereby certify that the
within instrument with its certificate of authentication was filed
for registration in my office on __________, __________(year) at
__________o'clock______, and duly recorded in Volume______,
Page________ Plat Records, Polk County, Texas.
Witness my hand and seal of office on the day date last above
written."
| |
___________________________
County Clerk, Polk County, Texas |
|
_________________________
Commissioner |
_________________________
Commissioner |
|
_________________________
Commissioner |
_________________________
Commissioner |
|
_________________________
County Judge |
_________________________
Attest: County Clerk |
|
In either event, whether the development is within
city limits or the city's extraterritorial jurisdiction, following
certification must appear on the face of the final plat:
| "Approved by the City Council of the City of
Livingston, Texas on this the _______ day of_____________,
_______."
| |
___________________________
City Secretary |
|
| 2.5.4 |
CONSTRUCTION PLANS - Prior to starting
construction on any water, sewer, paving or drainage lines within or
extended to a SUBDIVISION, the DEVELOPER shall submit two print sets
of construction plans for water, sewer, paving and drainage
improvements within the UNIT and all of-site extensions of these
improvements. Plans must be prepared by Registered Professional
Engineer licensed to practice in the State of Texas and in
accordance with Section 3 of this ordinance and the "Subdivision
Design Manual" adopted by the City of Livingston. |
2.5.5 CONFORMITY TO MASTER PLAN - PRELIMINARY PLATS which do not
generally conform to the approved MASTER PLAN may be rejected by the
CITY and the DEVELOPER directed to re-submit a revised MASTER PLAN.
2.5.6 FILING OF PRELIMINARY PLAT - PRELIMINARY PLATS shall be filed
with the CITY SECRETARY at least twenty one (21) days in advance of the
City Council meeting where the DEVELOPER desires the PLAT to be
considered for approval. A reproducible polyester film positive, sepia
or original drawing shall be submitted with five (5) full size
photocopies, ink plots or bluelines to the CITY SECRETARY along with an
application form showing the name of the DEVELOPER, his address, and
telephone number.
2.5.7 COUNCIL APPROVAL - Following staff review, the DEVELOPER will
be notified by the CITY SECRETARY of the placement of the PLAT on the
agenda for City Council approval. The Council will consider the
PRELIMINARY PLAT in called or regularly scheduled City Council meetings
duly noticed in advance. The DEVELOPER will be permitted to make
presentation of the PLAT and protestors will be likewise permitted to
voice objections to the plat. City Council may approve the PLAT as
submitted, approve the PLAT with stipulations, or disapprove the PLAT.
PLATS may not be tabled.
2.5.8 EXPIRATION OF PRELIMINARY PLAT APPROVAL - Any PRELIMINARY PLAT
approved by the City Council, for which no subsequent FINAL PLAT of the
UNIT shown in the PRELIMINARY PLAT is filed with the CITY SECRETARY
within one calendar year of the date of City Council approval shall
automatically, and without notice or any action on the part of the City,
be rescinded and considered null, and of no force and effect. Likewise,
any previously approved MASTER PLANS will be rescinded and considered
null, and of no force and effect unless other UNITS of the MASTER PLAN
have been PRELIMINARY PLATTED and still remain in effect.
2.6 FINAL PLAT
2.6.1 FINAL PLAT REQUIRED - A FINAL PLAT is required to be filed with
the City and approved by the City Council when any ONE OR MORE of the
following is true:
1) The DEVELOPER has received approval of a PRELIMINARY PLAT,
has completed construction of the UNIT in accordance with approved
construction plans and the DEVELOPER desires to have the PLAT recorded
in public records as FINAL to continue the development process, or
2) A PRELIMINARY
PLAT was not required because the PLAT of the tract for
development does NOT seek to:
A. Dedicate new public or private streets, alleys, easements,
parks or common
lands
or,
B. Extend water and sewer mains into a property (other than
normal services
into a
lot)
C. Develop land through which City requires arterial streets,
major water lines
or
sewer lines, or drainage ways, or
3) When deemed
necessary and appropriate by the CITY.
2.6.2 CONTENT OF THE FINAL PLAT- The requirements for contents of a
FINAL PLAT are identical to the contents of a PRELIMINARY PLAT except 1)
Surveyors and Owners signatures are affixed to the certifications and
notarized, and 2) the PLAT is corrected for any deviations, additional
easements, or other changes made necessary by the construction of
improvements in accordance with the plans and specifications submitted
as part of the PRELIMINARY PLAT.
2.6.3 DEADLINE FOR FILING - The corrected FINAL PLAT must be tiled
with the CITY SECRETARY eight (8) days prior to the City Council meeting
in which FINAL PLAT approval is sought. An 18" x 24" reproducible
polyester film positive shall be submitted with six (6) full size
photocopies, ink plots or bluelines to the CITY SECRETARY along with an
application form showing the name of the DEVELOPER, his address, and
telephone number. Additionally, the DEVELOPER shall furnish a computer
diskette file of the FINAL PLAT in a drawing file format approved and
acceptable to the CITY.
2.6.4 FILING FEES - To offset the costs of filing the final plat with
the county, the DEVELOPER shall, at the time of filing the plat with the
CITY SECRETARY, make payment in the amount which from time to time may
be set or amended by the CITY COUNCIL.
2.6.5 COUNCIL APPROVAL - Following staff review, the
DEVELOPER will be notified by the CITY SECRETARY of the placement of the
PLAT on the agenda for City Council approval. The Council will consider
the FINAL PLAT in called or regularly scheduled City Council meetings
duly noticed in advance. City Council may approve the PLAT as submitted,
approve the PLAT with stipulations, or disapprove the PLAT. PLATS may
not be tabled.
2.6.6 PLAT RECORDING - Within thirty (30) days after approval,
the CITY will file the approved FINAL PLAT in Map Records, Polk County,
Texas. The DEVELOPER may request in writing a delay in filing the
approved plat for up to 60 days.
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SECTION 3 - IMPROVEMENTS
3.1 PREPARATION OF PLANS AND
SPECIFICATIONS BY ENGINEER - All plans and
specifications for improvements must be prepared by an
engineer duly registered in the State
of Texas and each sheet of drawings and each
specification booklet shall bear his or her seal.
Plans shall be prepared on 24" x 36" sheets and clearly
depict the proposed installations
within the development for all water, sanitary sewer,
paving, drainage, park improvements,
landscape walls or gates, retaining walls, major earth
moving projects, lakes or ponds, and
street lighting.
3.2 DESIGN AND CONSTRUCTION STANDARDS -
All plans and specifications, materials
and installation for subdivision improvements shall
conform to the minimum standards for
design and construction set forth in the current edition
of the city's "Design Guidelines for
Subdivision Improvements" as may be amended from time to
time. These are the minimum
acceptable standards of design and construction and the
CITY may require more stringent
standards in special circumstances.
3.3 WATER DISTRIBUTION AND FIRE
PROTECTION - The DEVELOPER, at his own
expense, shall connect to existing CITY water mains at a
point or points approved by the
CITY and extend water lines throughout the development
in such a fashion, consistent with
the design policy standards and good engineering
practice, to provide safe water at a
reasonable pressure in sufficient quantities to provide
fire protection during periods of high
consumption. The CITY may require the developer to
install water lines larger than the
minimum size lines ordinarily required for fire
protection if such larger lines serve the public
welfare as determined by the CITY
3.4 SANITARY SEWER LINES - The DEVELOPER,
at his own expense, shall connect to
existing CITY sanitary sewer facilities at a point or
points approved by the CITY and extend
sewage collection lines throughout the development in
such a fashion, consistent with the
design policy standards and good engineering practice,
to provide collection and
transportation of sewage to the CITY treatment plant.
Terrain may dictate construction of lift
stations, force mains, pressure sewer systems and other
facilities for the transportation of
sewage and the DEVELOPER shall bear all costs for such
installations. The CITY may
require the developer to install sewer lines, lift
stations, force mains and other facilities larger
than the minimum size ordinarily required if such
enhancement serves the public welfare as
determined by the CITY.
3.5 STORM DRAINAGE - The DEVELOPER, at
his own expense, shall install drainage
collection boxes, inlets, storm sewers, culverts, head
walls, channels, bridges, retention ponds,
and similar subdivision improvements for transporting
storm water runoff, regardless of its
origination, through or across the subdivision safely
and consistent with the design policy
standards and good engineering practice.
3.6 STREET PAVING and SIDEWALKS - The
DEVELOPER, at his own expense, shall install
paved streets, gutters, curbs, sidewalks and drives to
convey traffic safely within the
subdivision and connect these facilities to existing
streets. The DEVELOPER shall also
furnish and install subgrade stabilization and
subsurface drains as required for construction
of the streets.
3.7 ELECTRICAL DISTRIBUTION and STREET LIGHTING - The CITY or
its contractors
shall install electrical distribution lines and standard
street lighting within the subdivision in
accordance with CITY extension policies. Additional
costs of extension for service
considered non-standard by the CITY shall be borne by
the developer.
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SECTION 4 - OFF-SITE IMPROVEMENTS
4.1 ADJACENT STREETS - The DEVELOPER shall
bear up to one-half the expense for paving
public streets abutting and paralleling subdivision
boundaries. The CITY shall determine the
status of streets adjacent to subdivisions and the DEVELOPER
shall participate in the cost
generally as follows:
1 ) If SUBDIVISION lots
front or side on the abutting street, the DEVELOPER shall
be required to install standard curbs and
gutters and extend existing pavement type
to the new gutter pan UNLESS the CITY elects
to re-pave, widen, overlay or
otherwise improve the entire street in which
case the DEVELOPER shall pay one half
of the cost of the new installation.
2) If SUBDIVISION lots abut
ADJACENT STREETS on the rear of said lots but do not
access that adjacent street, the DEVELOPER
shall be required to install standard
curbs and gutters and extend existing
pavement type to the new gutter pan unless the
CITY waives that requirement.
3) A DEVELOPER may be
required by the CITY to plat additional RIGHT-OF-WAY
for abutting adjacent streets.
4.2 OFF-SITE EXTENSIONS OF UTILITIES -
The DEVELOPER shall pay all costs for
designing and extending water and sewer utilities from
off-site to the SUBDIVISION. The
CITY may elect to participate in the off-site extension
of water and sewer if the CITY
requires the line or other facilities to be larger than
required by the SUBDIVISION itself and
subject to the availability of funds.
4.3 PERIMETER DRAINAGE CROSSINGS - Where
a DEVELOPER'S subdivision street
terminates at a drainage way on a perimeter boundary and
the DEVELOPER is not proposing
continuation across the drainage way, the DEVELOPER
shall escrow with the CITY fifty
percent (50%) of the estimated cost of the drainage
crossing structure and pavement to be
used by the CITY when the drainage structure is actually
built. The estimate shall be prepared by the CITY and the
funds deposited with the CITY before final acceptance of
the SUBDIVISION and filing of the FINAL PLAT in the
County Plat Records. The DEVELOPER shall not be
responsible for any shortfall in the funding necessary to
actually build the structure crossing. Neither shall the
DEVELOPER be entitled to any funding surplus.
4.4 DOWNSTREAM DRAINAGE IMPROVEMENTS -
The CITY may require the
DEVELOPER to design, construct or participate
financially in constructing drainage
improvements off-site and downstream of the DEVELOPMENT
if the CITY determines the
DEVELOPMENT could potentially cause or significantly
exacerbate downstream flooding
or erosion.
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SECTION 5 - EXTRATERRITORIAL JURISDICTION
The provisions of this ordinance shall
extend and apply to development within the statutory EXTRATERRITORIAL
JURISDICTION of the CITY.
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SECTION 6 - VARIANCES AND APPEALS
6.1 VARIANCES - The CITY COUNCIL may
waive certain provisions of this ordinance when,
in the opinion of the CITY COUNCIL, the provision(s) is
(are) unreasonable in light of
special circumstances of a DEVELOPMENT. The DEVELOPER
shall make written request
for variance(s) at the time a PLAT is filed with the
CITY SECRETARY carefully detailing
the justification for such a variance. The CITY
SECRETARY shall then notify the
DEVELOPER in writing of any CITY COUNCIL action on
DEVELOPER'S request.
6.2 APPEAL - Any interpretation, decision
or determination of fact made by the CITY STAFF
or any of its CONSULTANTS relative to this ordinance may
be appealed to the CITY
COUNCIL by making such appeal in writing at least eight
(8) days prior to the date of any
regularly called or special called CITY COUNCIL meeting.
The written APPEAL shall
contain all supporting information for the APPEAL and
the specific remedy requested by the
DEVELOPER.
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SECTION 7 - INSPECTIONS. TESTING. and WARRANTIES
7.1 TESTING - The CITY may elect to test
any materials or work performed by the
DEVELOPER or CONTRACTOR at CITY'S own expense. However,
CITY may invoice the
DEVELOPER for any failing tests requiring re-testing.
Nothing herein shall be considered
a duty on the part of the CITY to make tests on behalf
of the DEVELOPER or to provide
quality control to the DEVELOPER for DEVELOPER's
contractor.
7.2 INSPECTION - The CITY may elect to
make inspections of the construction project at any
time at CITY's own expense. Such election by the CITY
shall NOT be considered a duty on
the part of the CITY to make inspections on behalf of
the DEVELOPER or to provide quality
control to the DEVELOPER for DEVELOPER's contractor.
Acceptance or approval of a
portion of the work on the part of any INSPECTOR
representing the CITY does not constitute
acceptance of the project by the CITY. The INSPECTOR
shall NOT be entitled to approve
any defective work, give instructions to workmen other
than the contractor's superintendent
on the project, authorize changes in the plans, issue
safety instructions on behalf of the
CONTRACTOR or otherwise perform the services of the
CONTRACTOR. Final acceptance
by the CITY must be granted before the CITY COUNCIL
considers the FINAL PLAT for
approval.
7.3 WARRANTIES - The CONTRACTOR for the
DEVELOPER shall file with the CITY before
starting work a MAINTENANCE BOND in the amount of TEN
PERCENT (10%) of the
construction contract amount guaranteeing that the
CONTRACTOR will restore, repair or
replace any work which, within one calendar year of
acceptance by the CITY, fails due to
defects in workmanship or materials. The CITY shall
notify the CONTRACTOR in writing
of any such observed defect and CONTRACTOR shall make
remedy within ten (10) calendar
days of notification.
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SECTION 8 - REPEAL OF CONFLICTING ORDINANCES AND
PROVISIONS
This ordinance shall supersede all ordinances
preceding the effective date of this ordinance and all conflicting
provisions therein are of no force and effect upon adoption of this
ordinance but only to the extent that these ordinances are in conflict,
other provisions remaining unrepealed.
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SECTION 9 - SEVERABILITY
Should any provision contained in this ordinance be
determined by a judicial court of appropriate jurisdiction to be
unconstitutional, null and void, unenforceable, or otherwise rendered of
no force and effect, the other provisions contained herein shall remain
in full force and are declared severable.
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SECTION 10 -PENALTY AND ENFORCEMENT
10.1 The CITY shall not extend utility service to any
SUBDIVISION failing to conform to the rules set forth herein.
10.2 The CITY COUNCIL shall not approve any
FINAL PLAT for filing in the County Court until and unless all
provisions herein, including those for payment of fees, expenses or
costs, escrowing of funds, and filing of bonds, have been fulfilled
completely.
10.3 Any violation of any
of the terms of this ordinance shall be deemed a misdemeanor and any
person convicted of any such violation shall be fined in a sum not
exceeding two hundred dollars ($200.00). Each day of the continuance of such violation shall be considered a separate offense
and be punished separately. Any person, agent, or employee engaged in any such violation shall, on conviction, be
punished therefore.
APPROVED
AND ADOPTED by the City Council of the City of Livingston, Texas this
the 10th day of June, 1997.
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