ORD 22 11/19/1969 410 . 410
ORDINANCE NO. 22.
( AN ORDINANCE REGULATING THE SUBDIVISION OF LAND SITUATED WITH-
IN THE CORPORATE LIMITS OF THE CITY OF CIBOLO OR WITHIN THE EXTRA-
TERRITORIAL JURISDICTION THEREOF; ESTABLISHING SUBDIVISION STANDARDS
AND PRESCRIBING SPECIFICATIONS ON SUBDIVISION IMPROVEMENTS; REQUIRING
AND REGULATING THE PREPARATION ON PRESENTATION OF PLATS TO THE GOVERN-
ING BODY OF THE CITY OF CIBOLO:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS :
Section 1. Short Title.
This chapter shall be known as and may be cited as the "City
of Cibolo Subdivision Regulations" .
Section 2 . Authority.
This Ordinance is adopted under the authority of the Consti-
tution and laws of the State of Texas, including particularly Chapters
231, Acts of the 40th Legislature, Regular Session, 1927 , as hereto-
fore or hereafter amended (compiled as Article 974a, V.T.C.S. ) , and
the provisions of Section 4 of the Municipal Annexation Act as hereto-
fore or hereafter amended (compiled as Article 970a, V.T.C.S.) .
Section 3 . Purpose.
The purpose of this Ordinance is to provide for the orderly,
safe and healthful development of the area within the City and within
the area surrounding the City and to promote the health, safety,
morals and general welfare of the community.
Section 4 . Definitions.
For the purposes of this chapter, certain words used herein
are defined as follows :
Alley. An "alley" is a minor way which is used primarily for
vehicular service access to the back or the side of properties other-
wise abutting on a street.
Planning Commission. The planning commission shall be
composed of the City Council until otherwise specified by an ordinance
of the City of Cibolo.
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411
Street. The term "street" means a way for vehicular traffic,
whether designated as a street, highway, thoroughfare, parkway, through-
way, road, avenue, boulevard, lane, place, or however otherwise des-
ignated.
Subdivider. The term "subdivider" means any person who may
seek to make, lay out or create a subdivision.
Subdivision. The term "subdivision" means the division of a
tract of land into two (2) or more parts for the purpose of laying out
any subdivision of any tract of land or any addition to the city or with-
in the city' s extraterritorial jurisdiction, or for laying out suburban
lots or building lots, or any lots, and streets, alleys, or parks or
other portions intended for public use; or the use of purchasers or
owners of lots fronting thereon or adjacent thereto. The term includes
resubdivision and, when appropriate to the context, shall relate to the
process of subdividing or the land subdivided.
Section 5. Application of chapter; violations in area within city' s
extraterritorial jurisdiction.
(a) The rules and regulations prescribed in this chapter shall
govern the approval and requirements of plats of subdivisions within the
corporate limits of the city and within the territory and area outside
the city limits over which the city has extraterritorial jurisdiction.
This chapter, in its application, shall include all of the area within
the extraterritorial jurisdiction of the city, and the provisions of
this chapter shall have the same force and effect within such area of
extraterritorial jurisdiction as within the corporate limits of the city,
except as provided in subsections (b) and (c) .
(b) No violation of any provision of this chapter outside the
corporate limits of the city, but within the city' s area of extrater-
ritorial jurisdiction, shall constitute a misdemeanor, nor shall any fine
provided for be applicable to a violation within such area of extra-
territorial jurisdiction.
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(c) In the event any provision of this chapter is violated with-
in the area of extraterritorial jurisdiction of the city and outside its
corporate limits, the city may institute any appropriate action or pro-
ceedings in the district court to enjoin the violation.
Section 6. Plats.
(a) Preliminary data. Prior to the filing of an application
for approval of a subdivision plat, the subdivider shall submit to the
planning commission preliminary data as may be required to permit the
commission to give conditional approval to the final plat. After ob-
taining conditional approval from the commission, the subdivider may
then proceed to prepare the final plat, which shall conform to the pre-
liminary data as approved.
(b) Submission for council approval. After the final plat of
a subdivision has been approved by the planning commission, all required
improvements provided for in section 8 shall be completed before the
final plat is submitted to the city council for approval. Application
for approval of the final plat shall be submitted in writing to the
planning commission at least ten (10) days prior to the council meeting
at which it is to be considered. Any interested citizen may appear be-
fore the city council and be heard in support of or against approval of
the final plat.
(c) Number of copies; scale; size of sheets. The original and
five (5) blueprint copies of the final plat of a subdivision shall be
filed in accord with subsection (b) . The scale of such plat shall be one
inch to one hundred feet (1" = 100 ' ) and it shall be drawn on sheets
eighteen inches by twenty-six and one-half inches (18" x 262") in size.
(d) Contents. The final plat of a subdivision shall show the
following:
(1) Primary control points, approved by the city engineer, or
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description and "ties" to such control points, to which all
dimensions, angles, bearings, new city block number or county
block number, and similar data on the plat shall be referred.
(2) Tract boundary lines, right-of-way lines of streets, ease-
ments and other rights-of-way, and property lines of residen-
tial lots and other sites, with accurate dimensions, bearings
or deflection angles, and radii, arcs, and central angles of
all curves.
(3) Name and right-of-way width of each street or other
right-of-way.
(4) Name of subdivision, simple, accurate description of pro-
perty.
(5) Location, dimensions and purpose of any easements.
(6) Number to identify each lot or site.
(7) Purpose for which sites, other than residential lots, if
any, are dedicated or reserved.
(8) Minimum building setback line on all lots and other sites,
if any.
(9) Location and description of monuments.
(10) Names of recorded owners of adjoining unplatted land.
For adjacent recorded platted land, refer to subdivision by
name.
(11) Engineer ' s or surveyor' s acknowledgement as follows:
"State of Texas
County of Guadalupe
It is hereby certified that this plat is true and correct and
was prepared from an actual survey of the property made on the
ground under my supervision.
By: , Registered Professional
Civil Engineer
, Registered Texas Land
Surveyor
Sworn and subscribed bofore me this the day of
A.D.
Notary Public, Guadalupe County, Texas. "
(12) Owner' s acknowledgement as follows:
"State of Texas
County of Guadalupe
The owner of the land shown on this plat and whose name is
subscribed hereto, acknowledges that this plat was made from
an actual survey and dedicates the use of the public forever
all streets, alleys, parks, water courses, drains, easements,
and public places thereon shown.
Owner
"State of Texas
County of Guadalupe
Before me, the undersigned authority, on this day personally
appeared , known to me to be the per-
son whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes
and consideration therein expressed.
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Given under my hand and seal of office this day of
A.D.
Notary Public, Guadalupe County, Texas. "
(13) Approval of the planning commission as follows:
"This plat of has been submitted
to and considered by the Planning Commission of the City of
Cibolo, Texas, and is approved by such Commission.
Dated this day of , 19 , 'r .
The Planning Commission of the City of Cibolo, Texas.
By , Chairman
By , Secretary"
(e) Filing fee. The subidvider shall pay one plat filing fee
of twenty-five cents ($0. 25) per lot, as shown in the final plat. When
acreage is involved, for sites on the final plat of two (2) acres or
more, the fee shall be figured at one dollar ($1. 00) per acre.
Section 7. Design standards.
(a) Streets and alleys. The arrangement, character, extent
and location of all streets within a subdivision shall be considered
in relation to existing and planned streets, topographical conditions,
public convenience and safety, and in their relation to the proposed uses
of the land to be served by such streets. Street right-of-way width shall
be not less than fifty (50) feet. Street jogs with center line offsets
of less than one hundred (100) feet shall be avoided. Street intersec-
tions shall be as nearly at right angles as is practicable. Dead-end
streets may be platted where the planning commission deems desirable
and where the land adjoins property not subdivided. No street names
shall be used which will duplicate or be confused with the names of
existing streets.
Alleys shall be provided in subdivisions, except where other
definite and assured provision is made for service access. The minimum
width of the alleys shall be twenty (20) feet.
Where the subdivision is traversed by a watercourse, drainage
way, natural channel, or stream, there shall be provided an easement to
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the public authority in control of the streets over the subdivision
conforming substantially to the limits of such watercourse plus ad-
ditional width as necessary to accommodate future construction, as
recommended by the city engineer.
(b) Blocks. The lengths, widths, and shape of blocks in
subdivisions shall be determined with due regard to:
(1) Provision of adequate building sites suitable to the
special needs of the type of use contemplated.
(2) Needs for convenient access, circulation, control; and
safety of street traffic.
(3) Limitations and opportunities of topography.
Pedestrian easements, not less than ten (10) feet wide, may
be required where deemed essential to provide circulation or access to
schools, playgrounds, shopping centers, transportation, and other com-
munity facilities.
(c) Lots. The lot size, width, depth, shape, and position in
the block and the minimum building setback lines shall be appropriate
for the subdivsion under consideration and for the type of development
and use contemplated.
Residential lots, where served by public sanitary sewer, shall
be not less than fifty (50) feet wide, nor less than five thousand
(5000) square feet in area.
The depth and width of properties reserved or laid out for
commercial and industrial purposes shall be adequate to provide for the
off-street service and parking facilities required by the type of use
and development contemplated.
Each lot shall front upon a public street.
Side lot lines shall be substantially at right angles or radial
to streetl.lines.
Section 8. Required improvements.
(1) Monuments.
(A) Monuments shall be set along the north side of all blocks
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in a subdivision. The location of such monuments shall be at all angle
points and points of curves along a line parallel to and three (3)
feet away from the property line on the side toward the street. The
monuments shall be made of an iron rod of three-quarter (3/4) inch in
diameter and four (4) feet long, with a cross marked on the top securely
set in the ground until its top is flush with the natural surface of the
ground. A block of concrete nine (9) inches square, or if round, ten (10)
inches in diameter and eighteen (18) inches deep shall be set around
the upper end and flush with the top of the rod.
(B) Iron pins no less than twenty-four (24) inches long and
no less than three-quarter (3/4) inch in diameter shall be set flush
with the ground at every lot corner.
(II) Streets.
No plat will be approved covering any property located within
the corporate limits of the city until such time as the streets shown
on such plat have been graded and provided with curbs, pavement base,
and paving.
(III) Water.
No plat will be approved covering any property located within
the corporate limits of the city until such time as water service has
been made available for every lot within the subdivision.
(IV) Sewerage systems.
(A) Sanitary Sewers. Sanitary sewers shall be installed to
serve each lot in all subdivisions where connection is to be made im-
mediately to a community disposal system or to a public sewerage system.
Where such connection is not to be made immediately, plans shall be pre-
pared for installation of a sewerage collecting system to serve each lot,
and those parts of such system which will lie in the portion of streets
andalleys, intended for vehicular traffic shall be installed before
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such street or alley is paved.
(B) Septic Tank,: In any subdivision in which immediate con-
nection to a sewerage system cannot be made, a septic tank of at least
five hundred (500) gallons capacity with a drain field of at least one
hundred fifty (150) feet shall be installed on lot in accordance with
the regulations of the appropriate health authorities.
(V) Engineering design and standards.
All street and utility improvements in a subdivision shall be
constructed in accordance with engineering design furnished by the sub-
divider, based upon standards established by the city engineer.
Section 9. Variances.
Where the planning commission finds that extraordinary hard-
ships may result from strict compliance with the regulations prescribed
by this chapter, it may vary the regulations so that substantial justice
may be done and the public interest secured, provided that such variation
will not have the effect of nullifying the intent and purpose of this
chapter. In granting variances and modifications, the planning commission
may require such conditions as will, in its judgment, secure substantially
the objective of the standards of requirements so varied or modified.
In cases where variances are allowed by the commission, it
shall make a written report setting out in detail the variances allowed,
and the reasons for allowing such variances, which written report shall
be submitted to the city council with the final plat.
Section 10. Conflict with other ordinances.
Whenever the standards and specifications in this Ordinance
conflict with those contained in another ordinance, the most stringent
or restrictive provision shall govern.
Section 11. Separability clause.
Should any portion or part of this Ordinance be held for any
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reason invalid or unenforceable, the same shall not be construed to affect
any other valid portion hereof, but all valid portions hereof shall re-
main in full force and effect.
Section 12. Penal provisions.
Any person violating any provision of this Ordinance within
the corporate limits of the City of Cibolo, Texas, shall be guilty of a
misdemeanor, and, upon conviction shall be fined an amount not exceeding
two hundred dollars ($200. 00) . Each day that such violation continues
shall be a separate offense. Prosecution or conviction under this pro-
vision shall never be a bar to any other remedy or relief for violations
of this Ordinance.
This Ordinance shall be effective from and after its passage.
PASSED AND APPROVED this the � 9 ' day of Mt/em zEie, 1969.
SIGNED:
7,Aiidee-ix„
. _ -. MAYOR
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ATTEST: j
,_ C-elei--' '
/ .
CI SECRETARY
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