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11. Waiver/Credit.
a. The City Council, in consultation with the City Engineer, may.grant a waiver for projects or activities for.
which it can be demonstrated that strict compliance with the ordinance would result:in-a practical
difficulty or for.those projects or activities serving a public need where no feasible alternative is available
b. . The City:may, as deemed appropriate by.the ME Plannin� and E=m�ineerin, Director or designee, give.
credit itowards the average buffer width on the platted property for the restoration of riparian habitat
and/or installation of a wetlands area within the property boundaries.if such installations are ecologically
integrated with the riparian system, The square footage of the.restored area or wetlands area shall be
credited.toward the square footage required for the buffer zone.
c. The applicant.shall submit a written request for any waiver to-the .tanning and E=n i,Terlinn
Director or designee. The application shall include specific reasons justifying the waiver and any other
information necessary to evaluate the request. The applicant shall demonstrate:how strict:a lication
of the UDC results in a hardship. In consideration for a waiver, the ME 511MIM,in anMUM,
Director or designee may recommend site design, landscape planting, fencing, and the like to
compensate for a waiver. The Director shall formulate a recommendation for the Planning and Zoning
Commission and Council to consider in.their review and approval of the proposed waiver.
12. Connection to Cibolo Lineal Park System.
The Planning:and Zoning Commission and City may require the Green Space Preservation areas described
herein to be dedicated or incorporated by some other appropriate legal instrument or plat reservation into
the City Linear Park System:described An this UDC.
Section 19.10 Political Subdivisions to Supply Water, Sewer, Roadways or Drainage Facilities in-the
Extraterritorial Jurisdiction
A. General.
1. The formation of a political subdivision for the intended purpose of supplying fresh water for domestic or
commercial use, or to furnish sanitary sewer services, roadways, or drainage facilities, may not be created
in the extraterritorial jurisdiction of the City unless the City Council gives its written consent by ordinance or
resolution in accordance with Section 42.042, 42.0425 and 42.043 of the Texas Local Government Code
and the Texas Water Code. In giving its consent, the City Council may not place any conditions or other
restrictions on the creation of the political subdivision other than those expressly permitted by Section
54.016(e), Water Code.
2. If the City Council fails or refuses to give its consent for the creation of the political subdivision on mutually
agreeable terms within M (90)'days after the date it-receives a-written request for the consent,'a
ma ority of the qualified voters of the area of the proposed political subdivision and the owners of at least
rft (506/)percent of the land in the proposed political subdivision:.may petition the governing body to make.
-available to the area the water, sanitary sewer services, or both that would be provided by the political
subdivision.
3. If,within 120-days after.the date the governing body receives the petition, the governing body fails to make.
a contract with a majority of the qualified voters of the area,of the proposed political subdivision and the
owners of at least i , (50/60)percent of the land in the proposed political,subdivision to provide the services,
that failure constitutes.the governing body's consent to the creation of the proposed political subdivision.
4. -City Council consent to the creation of the political subdivision is only an authorization to initiate proceedings.
to create the political subdivision as provided by law.
5. If the City Council fails or refuses to give its consent to the creation of the political subdivision or fails or
-refuses to execute a contract providing for the water or sanitary sewer services requested within the time
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limits prescribed by this section, the.applicant may petition the TCEQ for the: creation -of the political
subdivision or the inclusion of the land in a political subdivision.
B.TCEQ and Guadalupe County Approvals Required.
For water and sanitary sewer systems provided by a non-City political subdivision, as described above,the following
.requirements shall apply:
1. At time:of preliminary platting the applicant shall provide the City with a letter of approval.from the TCEQ
certifying that.the water or sanitary sewer system serving the development is'in compliance with the rules
and regulations of the TCEQ and that the public water or sanitary sewer system provider holds a current
valid Certificate of Convenience and Necessity (CCN) for the area proposed for development: The letter of
approval from the TCEQ shall be accompanied by a map_delineating the boundaries of the CCN in the
vicinity of the development.
2. For a development in the ETJ where the water system will not be integrated into the City water system,the
developer must:
3. Submit with the Preliminary Plat application.a current letter from the TCEQ certifying that the public water
-system that will serve the subdivision is in compliance with TCEQ rules,and regulations.
4. Submit Construction Plans and specifications for the subdivision's water- system for City approval .
demonstrating that the water system will be built to the standards of this UDC and the Cibolo Design and
Construction Manual to serve the subdivision.
5. If a water system cannot meet the standards of this section,the City Council, at its discretion, may.approve
the plat if arrangements, such as a developer's agreement, are made to provide an approved water system
that meet City standards to serve the subdivision upon annexation by the City. This shall be arranged by
means of a mutually acceptable contract with the City, unless a contract with another entity ensures
compliance with the technical requirements of this chapter, as determined by the City Attorney.
6. For developments in the ETJ, the developer shall obtain. approval .and signature of the appropriate
Guadalupe County health official on the water or.sewer system statement as shown on the Development
lata rior to Planning and En_ ineerinw Director approval or in the .case of a
reli'mina /Fina Development Plat the Planning and Zoning Commission approval. The water system..
statementas shown on the plat shall indicate that the development will be served by a water,system meeting
City standard, as stated herein, and the applicable standards of the water or sewer purveyor.
7. Plans and specifications for all water systems to serve the development shall be submitted as part of the .
subdivision construction plans submitted to the City for review and approval.
Section 19.11 Fill
A. Identification of Existing/Proposed Fill during Platting
Fill is frequently a factor in the construction of public improvements and foundation construction. Fill may be placed
on a site at various times.As a requirement of the platting process, construction plans°shall be submitted that clearly
indicate.which lots will be filled and which lots have existing.fill. The type(s) of existing fill and proposed fill shall be
identified on all.Preliminary and Final Plats. Construction plans shall propose and develop a strategy for dealing
with fills early in the construction.process.
B. Geotechnical Report Required for All Lots and Development
Fill may exist between borings or be:u n detected during the geotechnical investigation:The investigation is more
accurate if borings are more closely spaced. Consequently, a Geotechnical Report.prepared by a Professional
Engineer licensed by the State of Texas and qualified to practice geotechnical engineering, shall be required for.
every building lot, including.single-family:residential. For residential development, foundations shall be designed in
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accordance with Recommended Practice for the Design of Residential Foundations, Version R as may be
amended, by the Texas Section American Society of Civil Engineers,and in accordance with the City Building Code,
as may be amended.
C. Requirements for Fill Type
Fill is generally can be divided into three types: engineered fill, forming fill, and uncontrolled fill. These three
types, and requirement of the City for each, is described below.
1. Engineered Fill.
Engineered fill is designed by an engineer to act as a structural element of a constructed work and is placed
under engineering inspection, with density testing. Engineered fill may be embankment fill, composed of
the material randomly found on the site, or imported to no specification, other than that it be free of debris
and trash or may be select fill. Embankment fill can be used many situations if it is properly placed and
compacted.The term"select"simply means that the material meets some specification as to gradation and
P.I., and possibly some other material specifications.
If en sneered fill is proposed, a fill report shall be submitted for City Engineer approval addressing®
inIIIiMill,um, the following:
a) Fill Composition Report and Fill Design Specifications
b) Proposed Density Inspection and Testing Schedule
c) Fill Compaction Detail showing lift depths and proposed densities
d) Gradation requirements
e) Under slab details, if applicable
f) List requirements for fill placement, geometry, material, compaction and quality control.
2. Forming Fill.
Forming fill is that which is typically used under residential foundation slabs and is variously known as sandy
loam, river loam or fill dirt. Forming fill is normally not expected to be heavily compacted, and a designer
should not rely on this material for support. The only requirements-are that this material be non-expansive,
clean, and that it works easily and stands when cut. If forming fill happened to be properly compacted and
inspected in accordance with an engineering specification it could be engineered fill.
3. Uncontrolled Fill.
Uncontrolled fill is fill that has been determined to be unsuitable(or has not been proven suitable)to support
a slab-on-ground foundation. Any fill that has not been approved by a qualified geotechnical engineer in
writing shall be considered uncontrolled fill. Uncontrolled fill may contain undesirable materials and/or has
not been placed under compaction control. Some problems resulting from uncontrolled fill include gradual
settlement, collapse, attraction of wood ants and termites, corrosion of metallic plumbing pipes,and in some
rare cases, site contamination with toxic or hazardous wastes.
D. Building on Non-Engineered Fill (Forming or Uncontrolled)
Foundations shall not be supported by non-engineered fill. To establish soil supported foundations on non-
engineered fill, the typical grid beam stiffened slab foundation is required to penetrate the non-engineered fill-with
the perimeter and interior beam bottoms forming footings. Penetration will take the load supporting elements of the
foundation below the unreliable fill. Penetration could be accomplished by deepened beams, spread footings or
piers depending on the depth and the economics of the situation. Generally, piers are most cost effective once the
fill to be penetrated exceeds about three feet, but this depends on the foundation engineer's judgment and local
practice. Floor systems shall be designed to span between structurally supported foundation elements.
Pre-existing fill may be classified as engineered fill after investigation by the geotechnical engineer. The approval
may depend on the fill thickness, existence of trash and debris, the age of the fill, and the results of testing and
proof rolling. The geotechnical engineer must be able to expressly state after investigation that the fill can support
a residential slab-on-ground foundation.
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ARTICLE 20 SUBDIVISION REGULATIONS
Section 20.1 General.
Section 20.1.1 Short title.
This Article shall be known, cited and referred to as"The City of Cibolo Subdivision Regulations."
Section 20.1.2 Definitions.
Applicable definitions are referenced in Article 1, Section 1.13 of this UDC.
Section 20.1.3 Authority of the City; Extension to Extraterritorial Jurisdiction (ETJ); Purpose.
A. This Article is adopted under the authority of the Constitution and laws of the State of Texas, including Chapter
212, Texas Local Government Code.
B. Purpose.
In order to.achieve orderly, efficient and environmentally sound development of land, the City must be provided
with appropriate guidelines and development management mechanisms. This Article, in conjunction with any
other land use control tool as may be adopted by the City, provides those guidelines and mechanisms.
C. The following rules and regulations are hereby adopted as the Subdivision Regulation of the City of Cibolo,
Texas, also referred to herein as "this Article". This Article shall be applicable to the filing of plats and to the
subdivision of land, as that term is defined herein and in Chapter 212 of the Texas Local Government Code,
within-the corporate limits of the City and its extraterritorial jurisdiction as they may be from time to time adjusted
by annexation or disannexation. The City shall have all remedies and rights provided by said Chapter.212
regarding the control and approval,of subdivisions and plats both within the City and within its extraterritorial
jurisdiction.
Section 20.1.4 Development Agreements.
Development agreements affecting land in the city limits and the extraterritorial jurisdiction of the City may be used.
in accordance with Chapter 212 to do-the following'
A.. Contract for an area's continued extraterritorial jurisdiction status for up to an initial term of fifteen (15) years
and up to two additional extensions for a maximum total term of forty-five (45)years.
B. Extend city planning authority over the land, including enforcement of not only the same land use, development
and environmental regulations applicable in the City, but specific additional regulations for the-land.
C. Provide for infrastructure for the land including streets, roads, drainage, water, wastewater and other utility
systems.
D. Specify the uses and development of the land.
E. -"Other lawful terms and considerations" as agreed to by the parties.
Section 20.1.5 Consistency with Comprehensive Master Plan and UDC.
It is the intent.of the City that this Article shall be consistent with the adopted Comprehensive Master Plan of the
City, this Unified Development Code(UDC) and any supplemental land use and community development policies
that may be adopted by the City Council. No plat or subdivision of land within the City or its extraterritorial
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jurisdiction, as determined by the Local Government Code, shall be approved unless it conforms to such plans,
policies and ordinances.
The City's Comprehensive Master Plan was adopted as a guide, not as a mandate, for growth and development of
the entire City and its extraterritorial jurisdiction. The Future Land Use Map shall not be, nor be considered, a
zoning map, nor constitute zoning regulations or establish zoning boundaries and is not site or parcel specific and
shall be used to illustrate generalized locations. Also, the Future Thoroughfare Plan depicts;generalized locations
of new alignments which are subject to modification to fit local conditions and are subject to refinement as
development occurs.
Section 20.1.6 Special Provisions.
A. No permit shall be issued by the City for the installation of septic tanks upon any lot in a subdivision for which
a final plat has not been approved and filed for record, or upon any lot in a subdivision in which the standards
contained in this Article have not been complied with in full.
B. No building, repair, plumbing or electrical permit shall be issued by the City for any structure on a lot in a
subdivision for which a final plat has not been approved and filed for record, nor for any structure on a lot within
a subdivision in which the standards contained in this Article have not been complied with in full.
C. The City shall not repair, maintain, install or provide any streets or allow the provision of public utility services
in any subdivision for which a final plat has not been approved and filed for record, nor in which the standards
contained in this UDC or referred to in this Article have not been complied with in full.
D. The City shall not permit the sale, supply or approval of any utility service within a subdivision for which a final
plat has not been approved and filed for record, nor in which the standards contained in this Article or referred
to in this Article have not been complied with in full.
E. If any subdivision exists for which a final plat has not been approved or in which the standards contained in this
Article or referred to in this Article have not been complied with in full, the City Council shall pass a resolution
reciting the fact of such noncompliance or failure to secure final plat approval,; and reciting the fact that the
provisions of subsections (a), (b), (c) and (d) of this section will apply to the subdivision and the lots therein.
The City Secretaryshall, when directed by the City Council, cause a certified copy of such resolution under the
corporate seal of the City to be filed in the deed records of the county or counties in which such subdivision or
part thereof lies. If full compliance and final plat approval are secured.after the filing of such resolution, the City
Secretary shall forthwith file an instrument in the deed records of such county or counties stating that
subsections (a), (b), (c) and (d) of this section no longer apply.
F. Notwithstanding any contrary provisions in this UDC, if an applicant meets all other applicable requirements of
this UDC, and chooses to file security prior to recordation of the final plat, and meets all requirements for posting
security in this UDC, then the special provisions of this section shall not apply and permits may be issued, and
improvements may be installed and maintained.
Section 20.1.7 Conflicting Regulations.
Whenever the requirements of this Article conflict with the requirements of any other lawfully adopted rules,
regulations, or ordinances, the most restrictive or that imposing the higher,standards shall govern.
Section 20.1.8 Application of Article.
The provisions of this Article shall apply to the following forms of land subdivision and development activity within
the City's limits and its extraterritorial jurisdiction; subject to the applicable provisions and exemptions of Chapter
212 of the Texas Local Government Code and exceptions to this Article:
A. The division of land into two r2a or more tracts, lots, sites or parcels;
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B. All subdivisions of land whether by metes and bounds division or by plat, which were outside the jurisdiction of
the City's subdivision regulations, and which subsequently came within the jurisdiction of the City's subdivision
regulations through:
1. Annexation;
2. Extension of the City's extraterritorial jurisdiction; or;
3. Through adoption of inter-local agreements.
C. The combining of two or more contiguous tracts, lots, sites or parcels for the purpose of creating one or more
legal lots in order to achieve a more developable site, except as otherwise'provided herein;
D. When a building permit is required for the following uses on unplatted property.
1. Residential single-family:
a. Construction of a new single-family dwelling unit; or
b. Moving of a primary structure or a main building onto a piece of property;
2. Nonresidential and multi-family:
a. Construction of a new nonresidential or multi-family structure;
b. Moving a primary structure onto a piece of property; or
C.
F. For tracts where any public improvements are proposed; or
G. Whenever a property owner proposes to divide land lying within the City or its extraterritorial jurisdiction into
two or'more tracts, and claims exemption from.Subchapter A of Chapter 212 of the Texas Local Government
Code for purposes of development, that resuits in parcels or lots all greater than five acres in size in the City
limits or 10 acres in the ETJ; or in the event that development of any such tract is intended, and where no public
improvement is proposed to be dedicated, he shall first obtain approval of a development plat that meets the
requirements of Texas Local Government Code Chapter 212, Subchapter B, Regulation of Property
Development, Sections 212.041 through 212.050, as may be amended.
Section 20A.9 Platting Not Required.
The provisions of this Article shall not apply to:
A. Development-of legally platted land (i.e., land having final plat approval and having a recorded or.recordable
final plat) and approved prior to the effective date of this Article, except as.otherwise provided for herein
(construction of facilities and structures shall conform to design and construction standards in effect at the time
of construction) and for which no re-subdivision is sought;
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B. Sale, inheritance; or gift of land by metes and bounds of tracts upon which no improvements, development,
subdivision or alteration is occurring;
C. Existing cemeteries complying with all State and local laws and regulations;
D. A division of land created by order of a court of competent jurisdiction;
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E. When a building permit is requested for unplatted or already platted parcels for one or more of the following
activities:
1. Replacement or reconstruction of an.existing primary single-family or duplex structure, but not to exceed
the square footage, nor deviate from the original location, of the original structure;
2. Building additions u to 5'0% of existin strucfiur ;
3. Accessory buildings, as defined in Article 15 of this UDC;
4. Remodeling or repair which involves no.expansion of square footage ,aside frlom abeve); or
5. Moving a structure off a lot or parcel, or for demolition permits.
F. A division of.land in the ETJ for which all lots or tracts in the subdivision or development are at least ten (10)
acres in size and have at least sixty 60 feet of frontage on a public street. However, a development plat may
be required;
G. A division of,land within the corporate limits of the City into parts greater than five (5) acres, where each part
has at least.sixty(60)feet of frontage on a public street and no public improvement is being dedicated; provided,
however, dedication of a public'improvement pursuant to a development plat will not be deemed to require that
the owner/developer obtain a subdivision plat. However, a development plat may be required
H. The platting.of land for which an application has been filed prior to the effective date of this UDC.
Section 20.1.10 City.Participation in Cost.
A. The subdivider will be required to install, at their own expense, all water lines, streets, sewer lines, storm sewer
lines and drainage facilities, and structures within the subdivision in accordance with the Cibolo Design and
Construction Manual governing the same and as set forth herein,. including all engineering costs covering
design, layout, and construction.
B. There will be no participation by the City in the cost of any of the underground utility lines or drainage facilities
within the subdivision except in the.event of the requirement for.oversize lines to serve land areas and
improvements beyond the subdivision in question.
C. The developer will pay for all extensions of the City water and sanitary sewer systems and.obtain and pay for
all easements.
D. Engineering:Review:
The base engineering review fee for preliminary review and final review of any plat or Land Study submitted to
the City Engineer shall be paid for by the developer or property owner. The fee for all changes or requests for.
further review from the developer or property owner by the City Engineer of any plat or plans shall be billed by
the City at the standard rates charged by the City Engineer to said developer or property owner. All engineering
charges must be paid before the subdivider will receive final plat approval by the City.
E. Legal'Fees:
All legal fees incurred by the City in the development or enforcement of the terms and conditions, such as
preparing special legal agreements or instruments, as set forth by this Article shall be paid by the City to its
Attorney. The City shall then bill the subdivider such fees. All legal fees must be paid to.the CU before the.
development shall receive final flatapproval by the City, as described in the "
City of Cibolo_ .FFh.e--dule of F00% as amended.
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Section 20.1.11 Waivers.
A. General.
Where the.City finds that undue hardships will result from strictcompliance with provision(s) of this Article, or
Where the purposes of these regulations may be served to a greater extent by an alternative proposal, it may
approve a waiver from any:portion of these regulations so that substantial justice may be done and the public
interest is secured, provided that the waiver shall not have the effect of nullifying the intent and purpose of these
regulations,.and further provided that the City shall.not approve.a waiver unless it shall make findings based
upon the evidence presented to it in each specific case that:
1. Granting the waiver will not be detrimental to the public safety, health or welfare, and will not be injurious
to other property or to the owners of other property, and the waiver will not prevent the orderly subdivision
of other property in the vicinity;
2. Because of the particular physical surroundings, shape and/or topographical conditions of the specific
property involved, a particular hardship to the property owner would.result, as distinguished from a mere
inconvenience, if the strict letter of these regulations is carried out; or an alternate design will generally
achieve the same result or intent as the standards and regulations prescribed herein; and
3. The waiver will not in any manner vary the provisions of the UDC or other ordinance of the City.
B. Conditions.
In approving a waiver.from any provision of this Article, the City may require such conditions as will secure
substantially the purposes described in this Article.
C. Procedures:
1. A petition for a waiver shall be submitted in writing to the Planning and Engineering Director by the property
owner or agent before the plat is submitted for the consideration of the City. The petition shall explain the
purpose of the waiver, state fully the grounds for the waiver, and all of the facts relied upon by the petitioner.
2. Waivers may be approved, disapproved or approved with conditions by the City Council.
3. The findings of the City Council, together with the specific facts upon which such findings are-based, shall
- be incorporated into the official minutes of the governing bodies reviewing and taking action on the waiver.
Section 20.1.12 Appeals of Administrative Decisions.
A. Except as appeals of decisions regarding the apportionment of municipal infrastructure,the decision of any.City
administrative official pursuant to an interpretation of this Article may,be appealed to the City Council. Each
appeal:shall be submitted to the City in writing and shall include a clear description of the reasons for the appeal. .
If the appeal,involves technical design and/or construction standards, then the appeal shall be supported and
accompanied by appropriate studies and data that support the appeal, which shall be prepared by an
appropriate professional expert who is knowledgeable in the subject matter of the appeal. The City Council, at
.._ its discretion, shall have the right to have the supporting studies and data reviewed and evaluated by either
appropriate City staff officials or by retained.outside consulting experts, as the City Council deems appropriate
the fees for which may be charged to the appellant. Each appeal shall be decided within sixty(60)days following
receipt.of:the complete appeal request- (including any necessary supporting studies and data) from the
applicant.
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Section 20.1.13 Appeal for Relief from Apportionment of Municipal Infrastructure Costs.
A. Purpose and applicability.
1. Purpose.
The purpose of an appeal for relief from a dedication, reservation, construction, payment of fees, or-
payment of construction cost requirement- is to assure that the application of uniform apportionment of
municipal infrastructure costs to a proposed Master Plan or plat is roughly proportionate to the proposed
development, taking into consideration the nature and extent of the demands created by the proposed
development.on municipal infrastructure.
2.. Applicability.
An appeal for relief under this Article may be filed only to contest the roughly proportionate nature of any
apportionment that is imposed under this Article to a Master Plan or plat application or to any other
development application authorized 'under this UDC, whether the requirement is pursuant to uniform
standards, or attached as a condition to approval of the application.- It is the developer's-responsibility to
determine the burden of proof of roughly proportionate. An appeal under.this Article shall not be used to
seek variation from a standard on grounds applicable to a petition for.a waiver under this Article. Relief
under this provision may not be sought for a recorded plat.
3. Effect.
If the relief requested under the petition is granted in whole or in partby the City Council, the requirement
initially imposed shall be modified accordingly, and the standards applied or the conditions attached to initial
approval of the application shall be thereafter applied in accordance with the relief granted and the property
owner will not be required to resubmit the application in order to get the benefit of.the relief granted.
B. Appeal.procedures.
1. Roughly proportionate analysis.
If an applicant for Master Plan or plat approval disagrees with the roughly proportionate nature of the
apportionment at any time in the Master Plan's or plat's review process, he should so advise.the City in
writing no later than two weeks before such Master Plan or plat-would be considered by the Planning and
Zoning.Commission. The City Engineer or other professional engineer retained.by the City shall prepare a
roughly proportionate analysis prior to consideration of the Master Plan or plat by the Planning and Zoning
Commission. If the City. Engineer's analysis shows the apportionment of the municipal infrastructure costs
to the applicant's development do not exceed the amount that is roughly proportionate to the development's
impact and the applicant disagrees with such analysis, the.applicant may appeal in accordance with,this
Article.
2. Planning and Zoning Commission Action.
The Commission may not approve a Master plan or plat for which an appeal in accordance with this Section
has been applied until the City Council has made its decision on the appeal.
3. Form of appeal.
The appeal for relief from an Aapportionment requirement shall be in the form of a petition to City Council
and allege that application of the standard or the imposition of conditions relating to the Apportionment is
not roughly proportional to the nature and extent of the impacts created by the proposed development on
municipal infrastructure. The fee for this process shall be as provided for in the Planning and Development
Services Fee Schedule, as amended.
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4. Evidence.
The petitioner shall demonstrate that the apportionment requirement that was applied is not roughly
proportional to the proposed development's impact on municipal infrastructure. Written evidence presented
on behalf of an appellant at any appeal hearing.may include evidence that addresses any of the following
information that may be pertinent to the circumstances and any other information the appellant deems
necessary to the appeal:
a. Total capacity of the municipal infrastructure system to be utilized by the:proposed development,
employing standard, measures of capacity and equivalency tables relating the type of development
proposed to the quantity of system capacity to be consumed by the development. If the proposed
development is to be developed in phases, such information also shall be provided.for the entire
development.proposed, including any phases already developed;
b. Total capacity to be:supplied.to the municipal infrastructure system by the proposed Apportionment. If
the development application is part of a phased development,the information may include any capacity
supplied by prior Apportionments;
c. Comparison of the capacity of the municipal facilities system(s) to be consumed by the proposed .
development with the capacity to be supplied to such system(s) by the proposed Apportionment.. In
making this comparison, the impacts on the municipal infrastructure system(s) from the entire
development shall be considered;
d. The effect of any credits against any impact fees due the petitioner as a result of the Apportionment in
accordance with City requirements;
e. The effect of any City participation in the costs over-sizing the capital improvement to construct;
f. Time for filing petition and study.
The petition shall be filed with.the City within ninety (90) days.of the initial decision on the application.
Where the apportionment requirement is applicable to more than one requirement, the petition may be
filed following a decision on any application in which the requirement is applied. The.study and.:any
evidence in support of the petition shall be filed within ninety (90)days of the date the petition was filed,
unless .the petitioner seeks an extension in writing. The City Engineer may extend the. time for
submitting the study or other evidence for a period not to exceed'an additional sixty (60)days for good
cause shown; or
g. Land in:extraterritorial jurisdiction.
Where the subject municipal infrastructure are located in the extraterritorial jurisdiction of the City and
are to be dedicated to the County pursuant to an inter-local agreement under Texas Local Government
Code Chapter 242, a petition and evidence in support of the-petition shall not be accepted as.complete.
-
for filing by the City Engineer unless the petition or study or other evidence is accompanied by
verification that a copy has been delivered to the County.
C. Processing of Petitions and Decision.
1. Administrative official.
The Planning and • =n,ineerin Director is the administrative official responsible for
processing an Epportionment. Where the petition is for the appeal from an Ipportionment in the City's
extraterritorial jurisdiction that is to be dedicated to the County ursuant to an inter-local agreement under
Texas Local Government Code Chapter 242, thetannin and E=n ini_eLejrin
Lg Director
shall coordinate a recommendation with the appropriate County.official responsible for reviewing plats in
the County.
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The Planning andman s En ineerin Director shall submit the petition to the City Engineer
who shall evaluate the petition and:supporting study and other evidence, and shall make a recommendation
to the City Council.-based upon the information contained in. the study, any comments received from the
County, and the appropriate City officials. In evaluating the petition and other evidence, the City Engineer
shall take into account the maximum amount of any impact fees to.be charged against the development for
the type of municipal infrastructure improvement that is the subject of the petition, and any credits due the
petitioner against impact fees,-as well as any traffic impact,.drainage or other adequate facilities studies
evaluating the impacts of the development or similar developments on municipal infrastructure. The City
Engineer must utilize generally accepted methodology in evaluating the petitioner's study, including but not
limited to impact fee methodologies.
2. Decision-Maker.
The City Council shall decide the appeal for relief based on the criteria set forth in item below.
3. Appeal hearing and decision time frames.
a. The City Council shall consider the request after an appeal hearing on the subject is held.
b. The City Council shall hold'the appeal hearing and consider the petition within thirty (30) days of the
submission'of the study and any other evidence submitted on behalf of the appellant in support of the
appeal. .
c. The City Council shall make a final decision within thirty (30) days following the final submission of any
testimony or evidence by the developer at the appeal hearing.
4. Decision.
The City Council shall consider the petition for relief, the analysis prepared by the City in accordance with
this section and the evidence presented, and based upon the criteria set forth in "Criteria for Approval"
subsection below, and shall take one of the following actions:
a. .Deny the appeal for relief, and impose the standard or condition in accordance with the initial decision;
b. Deny the appeal for relief, upon finding that the proposed requirements are inadequate to offset the
impacts of the development on the municipal infrastructure, and either deny the application or require
that additional Apportionments for municipal infrastructure be made as a condition of approval of the
application;
c. Grant the appeal in part and add such conditions of approval to the application as it deems appropriate;
d. Grant the appeal for relief, and waive in whole or in part any Apportionment requirement necessary to
meet the criteria for approval; or
e. Grant the appeal for relief, in whole or in part, and direct that the City participate in the costs of the
particular municipal infrastructure.
5. Notification of decision on appeal.
The petitioner shall be.notified in writing of the decision on the appeal for relief.by the Planning and
Engineering Director within 10 days following the decision.
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Cibolo Unified Development Code
dylonth XX,201
D. Criteria for approval.
In deciding the appeal for relief from an apportionment, the.City Council shall determine whether the petitioner
has demonstrated that the City apportionment is not roughly proportional to the proposed development's impact
on municipal infrastructure. In making .such determination, the City Council shall consider the evidence
submitted by the petitioner, the staffs report and recommendation and,where the property is located within the
city's.®xtraterritorial flurisdiction, any recommendations from the County.
E. Implementation of appellate decision.
1. When appeal for relief is granted.
When the City Council grants the appeal for relief,.the date-of the final decision will be deemed the date of
approval of the application,and the City must process the application consistent with the relief granted.
2.. When appeal for relief is denied.
When the City Council denies the appeal for relief, the date of the final decision will be deemed the date of
denial of the application, and the petitioner must either withdraw the application or be prepared to make the.
required,apportionment pursuant to the decision, as appropriate.
3. Where approval of the appeal was conditioned.
The City.may require the applicant to submit modified Master Plans, plats;construction plans, or supporting
materials consistent with the relief granted and condition(s) imposed by the City Council on the petition.
4. Period of relief.
The relief granted.on a petition shall remain in effect for the.period that the Master Plan or plat approval is
in effect and shall expire upon expiration of the Master Plan or plat approval..Extension of the Master Plan
or:plat approval also shall result in extension of the relief granted on the petition.
Section 20.1.14 Payment of all Indebtedness Attributable to a Specific Property.
No person:who owes.delinquent taxes, delinquent assessments, delinquent fees, or:any other delinquent debts or
obligations to the City and that are directly attributable to a piece of property, shall be allowed to file any plat or re-
plat until the taxes, assessments, debts or obligations directly attributable to said property and owed by the property
owner or a previous owner thereof shall have been first fully discharged by payment, or until an arrangement
satisfactory to the City has been made for the payment of such debts or obligations. It shall be the applicant's .
responsibility to provide evidence or proof that all taxes, assessments,debts or obligations have been paid before
any plat is filed.
Section 20.1.15 Right to Deny.
The.City may deny a plat.and any approval pursuant to this UDC if the applicant:
1. Does not submit an administratively complete application in accordance with this Article within the required
time frames of the Commission and City Council approved meeting schedule; or
2.- May a full filing fee.
Section 20.1.16 Misrepresentation of Facts.
It shall be a violation of this 'UDCfor any person to knowingly or willfully misrepresent, or fail to include, any
information required by this UDC in any plat application or during any.public hearing or meeting of the Planning and
Zoning Commission or City Council. Such.a violation shall constitute grounds for denial of the plat.
360
Cibolo Unified Development Code
onfh,XX,2a1
Section 20.2 Administration.
Section 20.2.1 Authority of City Engineer.
The City Engineer is hereby authorized and directed to promulgate City standards for the design, construction,
installation,.location and arrangement of streets, curbs, street signs, alleys, sidewalks, septic tanks, monuments,
criteria for drainage easement.req uirements, drainage facilities, water delivery, waste water, pedestrian ways and
for the compaction of utility.ditches within the right-of-way. The City Engineer shall=file such standards with the City
Council for approval and, thereafter, file such.standards with the City Secretary at least ten (10) days before.they
become effective. The City Engineer may:amend the standards from time to-time, upon the approval of the City
Council, and such -amendment.shall be.filed with the City Secretary at least ten (10) days:before it becomes.
effective. No such rules, regulations, standards.and specifications shall conflict with this Article, any other section
of this UDC or any other Ordinance of the City. All such improvements shall.be constructed, installed, designed,
located and arranged by the applicant in accordance with such rules, regulations, standards and specifications.
Sec.20.2.2 Schedule of fees, charges and expenses.
A. Until all applicable fees, related charges and expenses, if any, have been paid in-full, no action shall be taken
on any.application or appeal under this Article.
B. The fee schedule for.the purpose of recovering the administrative cost of processing platting and subdivision
requests and the public hearings called for by this UDC are identified in the- Planning -and Engineering
Department Fee.Schedule.: Such fees.shall be paid by the applicant and shall not be designed to.restrict an
applicant's ability to seek a hearing and/or to generate revenue for other than the recovery of actual
administrative cost incurred by the City. Immediately-upon receipt of such application and fee,.the Community
Services Director shall note thereon the date of filing and make a permanent record thereof.
C. Each plat shall be processed according to the procedures set forth'in this Article, provided however that no plat
shall be processed which attempts to amend or remove any covenant(s) or restriction(s) of the preceding plat
until such preceding plat or portion of such preceding plat has been vacated or amended by re=plat in
compliance with the provisions set forth in this UDC.
D. Upon receipt and completion of,all appropriate application form(s) and fee(s) by the.City, a determination shall
be made as to whether the plat is a Type I, Type ll, or Type III submission as defined below:
1. Type/plat submission: A plat depicting a subdivision of land that has not been previously platted.
2. Type 11 plat submission:.A plat depicting a re-plat or re-subdivision of land,,which at any time during the
preceding five years was limited by an interim or permanent zoning classification or deed restriction to.
residential use of not more than two residential units per lot. A type II plat submission a, require public
notice as provided for in this UDC Section
3. Type 111 plat submission: A re-plat designed to amend the preceding plat for which property owner notice is
not required(i.e. minor plats and development plats).
Section 20.3 General Platting and Development Procedures
Section 20.3.1 Pre Application,Process.
Prior to the official filing of any development application specified herein, the subdivider may consult with and
present a proposed plan for the subdivision to the City for comments.and advice on the procedures, specifications,
and standards required by the City for the subdivision of land. At such a meeting the, City staff may make any
suggestions that would direct the proposed subdivision toward desirable objectives and possibly: prevent,
unnecessary work and expense if objectives are not met. Since the purpose of this step is to facilitate,the exchange
361
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Ci bolo Unified Development Code
anth,:XX;�103
(2)
Section 20.3.2 Overall Development Concept Plan/Land Study/Master Plan/Mixed Use Concept Plan.
A. All persons;desirin to subdivide:land within the area of jurisdiction of this Article
shall first prepare and submit;
the following information:
1. Five (5).hard copies and one (1) .pdf copy of the Land Study in compliance with all applicable provisions
of this Article.
2. thre_ejl(3).copie and one (1) .pdf copy of the preliminary utility plans. Topographic contours with intervals
of not more than five 5 feet hall:be shown-on the Land Study...:
3. One (1) hard copy and one (1) .pdf of a tree survey showing all trees on the site, per the requirements of
this UDC.
4. A completed application form;
5. A certificate or letter from a title guaranty company or from an attorney duly licensed to practice law in the
State of Texas certifying the following concerning title to the land:
a. A statement of records examined and date of examination; description:of the property in question by
metes and bounds; name of the fee.owner as of the date.of examination and the date, file number, and
volume and page of the recording of the deed involved; the name of any lien holder together with the
'date of filing and volume and page of such lien; and a general description of any easements or fee
strips granted, along with the file number, date of filing, and volume and page of:recording.
6: A non-refundable check payable to the City in the amount as specified within the City fee schedule, as
amended. I
7. In cases where public streets, alleys; or easement are proposed to be platted across private easement or
fee strips, a copy of the instrument establishing such private easement or fee strip shall be submitted.
Where a private easement has no defined location, agreement on a defined easement must be reached
before submission of final plat.
8. At the time that the Land Study is filed with the City, the applicant shall file a certificate showing that all
taxes have been paid on the subject property and that no delinquent taxes exist against the property. The
applicant shall also file proof-of ownership documentation.
9. Applications shall comply with all applicable Administrative Rules with respect to submittal deadlines and
schedules, policies and guidelines, fees and forms, applications, checklists; interpretations, processes,
and all other information deemed-necessary to enforce, interpret or explain the ordinances and provisions
of the City and protect the health, safety and welfare of the communi
B. The Land Study/Master Plan shall be prepared by a qualified professional engineer, certified land planner,
registered-architect or.registered.professional land surveyor at a scale no smaller than one (1") inch equals two
hundred(200')feet and on sheets no larger than twenty-four(24")inches by thirty-six(36")inches in size(unless
otherwise approved by the City Planner)The following information shall be submitted:
1. On all plan sheets:
a. Title block on each page of the land study with the proposed name of the development, name and
address of the owner/and the person responsible for preparing the land study;
b. Graphic and written scale of the drawing;
c. North arrow;
d. Date the drawing was prepared;
e. Location of the tract per the abstract and survey records of Guadalupe County, Texas;
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Cibolo Unified Development Code
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f. Vicinity map or location map that shows. the location of the subject tract within the City or its
extraterritorial jurisdiction in relationship to existing major roadways;
g. Limits of the subject tract in heavy lines;
h. Names of adjacent additions or subdivisions or the name of the owners of record and recording
information for adjacent parcels of unplatted land, including parcels on each side of an adjoining road,
creek, easement or the like;
i. Depiction of all contiguous holdings of the property owner(s);
j. Existing buildings located on the subject property and any protected trees, as prescribed in this UDC1
2. Existing use and conditions plan sheets shall show the following:
a. Existing uses of the subject property;
b. Existing buildings located on the subject property and any protected or heritage trees, as prescribed in
this UDC;
c. Generalized existing vehicular and pedestrian circulation plan for the subject property;
d. Existing zoning for subject property,'existing zoning and existing/proposed uses on adjacent land;
e. Existing/proposed driveways and median openings within two hundred (200') feet of the subject
property and the location, width, paving material, and names.of all existing or platted streets or other
public ways within two hundred (200')feet of the subject property;
f. Existing easements located on or within two hundred (200') feet of the subject property. This
information shall include the type, dimension,.ownership, and recording information;
g. Existing railroad rights-of-way located on or within two hundred (200') feet of the subject property;
h. Existing topography at five (5')foot intervals with existing drainage channels or creeks;
is _Existing 100-year floodplain areas and floodways as shown on the Federal Insurance Rate Maps
(FIRMs), or.proposed CLOMR boundaries for the subject tract with a note on the drawing indicating
the appropriate panel number and any known environmentally sensitive areas relative to wetlands,
endangered or otherwise listed species, archeological indicators, predominant soil types of the
properties and slope analysis;
j. Size and location of existing water mains,wastewater mains, and lift stations located on and within two
hundred (200') feet of the subject property
3. Proposed use and development plan sheets shall show the following:
a. Proposed phasing of the development and the order of platting;
b. Designation of those areas within the subject property covered by tree canopy areas of ten thousand
(10,000) square feet or more;
c. The applicant shall depict the types of land uses, planned densities for residential areas, and any non-
residential uses anticipated. This information shall-not include a lot pattern nor specify lot sizes or lot
dimensions;
d. Generalized proposed vehicular and pedestrian circulation plan for the subject property.
4. Additional information to be submitted under separate cover:
As necessary, depending upon the scope and nature of the Land Study; the City will require the filings of
a Preliminary Engineering-Report that provides a general and broad description.of the following issues, as
may be pertinent to the project: an assessment of how the Land Study will conform to the Future Land Use
Map, Future Thoroughfare Plan, Parks Plan within approved Master Plan and other applicable.provisions .
of this UDC,and identify how the projectwill tie into existing and/or proposed drainage facilities and utilities.
5. The Land Study shall identify which level of Traffic Impact Analysis will be required and a proposed scope
of the TIA to be submitted with the Preliminary Plat and indicate how the developer intends to comply with.
the Parkland Dedication requirements if a residential development is proposed.
6. The City Engineer and City Planner may require additional information as necessary to demonstrate
compliance with this UDC and City Council policies.
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Cibolo Unified Development Code
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C. Procedures and Conditions
1. If a Land Study application is submitted in accordance with all the above requirements, the Land Study
shall be deemed to be"complete" and shall be reviewed by the City Engineer and the City. If all the above
requirements have not been satisfied, the Land Study will be deemed "incomplete" and will be rejected
without being docketed for Planning and Zoning Commission consideration.
Once the Land Study is docketed for Planning and Zoning Commission review, the applicant must submit
ive 5 :final hard copies of the Land Study, Drainage Plan and Utility Plan'at the same size previously
stipulated, and one (1) .pdf copy of each.
Once the Preliminary addresses all City review comments, a final submittal of the following items r
required:
a. Three(3) full size and one (1) half-size approved:plan sets;
b. Two (2)final copies of all engineering reports (if amended from the original submittal);
c. A DVD or CD providing PDF's of all submitted plans and reports
A DVD or CD containing all plans .as properly georeferenced Geographic Information System (GIS)
shapefiles. Shapefiles must be projected to the following coordinate system: NAD 1983 State Plane Texas
.South Central FIPS 4204 Feet. As an alternative, a .DWG (AutoCAD) file may be accepted, but it must be
properly projected to the above-mentioned coordinate system.
2. The Planning and Zoning Commission and.the City Council shall review and evaluate the Land Study to:
determine whether the proposed development conforms to the Future Land Use Plan, Future Thoroughfare
Plan, the UDC and other applicable ordinances of the City;
3. The Planning and Zoning Commission may recommend, and the City Council require, conditions of.
approval that;
a. Govern the timing (phasing) or sequencing of the development.to ensure that the development is
built-out in accordance with a schedule of public improvements to ensure that the development
adequately adheres to the City's minimum design criteria for public.improvements;
b. Pertain to proposed parkland dedication;
c. Pertain to the conformity of the proposed Land Study to this UDC;
d. Pertains to any issue related to the public health, safety or general welfare of the Cityo .
e. Additional information to be submitted to supplement the submittal of a Prelimry inaPIa
4. A land'Study may be submitted for review concurrently with a preliminary plat application, provided that
the respective requirements for both types of applications are,satisfied as specified by this UDC as
amended. iminar�r p4a+ nonnrn+ nn+ ha rovioaiod by +ha (moi}v ire +imo fir it +n ho enlvod ilor! nn
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D. Effect of Review
1. The Land Study.shall be used only as an aid to show the anticipate layout of the proposed development
and to assess the adequacy of public facilities/services needed to serve the.'proposed development. Any
proposed use or development depicted on the land Study shall not be deemed formal authorization or
approval by the City until Final Plat is approved by the City and recorded by the County Clerk of Guadalupe
County. If the applicant chooses to plat only an initial phase or phases of the development, a new Hand
Study shall not be required for plat approval of subsequent phases if the proposed development layout,
character, and/or other conditions affecting the development do not substantially change from one phase
to the next or deviate from the spirit and intent or the original land Study approved by the City.
2. An approved [land Study shall be valid for a period of five(5)years, or as otherwise specified by the Texas
Local Government Code, from the date of land Study approval by the City. Council. Prior to the lapse of
approval for a ®and Study, the property owner may petition the City Council to extend the land Study
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approval. Such petition shall be considered at a public meeting before the City Council and an extension
may be granted by the City Council'at such meeting. If no petition for extension of Land Study approval is
submitted by the property owner.prior to the expiration date, the Land Study shall be deemed to have
expired and shall become null and void. In the case of a phased development,:a land study will not be
deemed:to have expired if the development is progressing in accordance with the_phasing schedule of the
original Land Study approved by the City, or if the delay in completing the Land Otudy. is necessitated by
the timing of public improvements required to adequately serve properties in the affected property;
3. In determining whether to grant a request for extension, the City Council shall take into account the reasons
for the lapse,the ability of the property owner to-comply with the.conditions attached to the original approval,
and the extent to which the UDC.in effect at the time of the extension request shall apply to the®and study.
In the event the City Council denies a request for extension, the propertyowner must thereafter submit a
new land Study application for approval, and shall conform to all applicable regulations then in effect;
4. The City Council may.grant extension of the Land Study subject to additional conditions based upon the
applicable City regulations and/or State legislation in effect at the time that the extension is requested, or
such as are necessary to ensure compliance with the original conditions of approval.. In granting an
extension, the City Council will require that the Land Study adhere to all UDC requirements in effect at the
time that the extension in requested, which shall include the Cibolo Design and Construction Manual;
5. The City Council may specify a shorter time for extension of the Land Study than the original five (5) year
approval period.
E. Land Study Requirement Not Required
1. The requirement to obtain approval of a Land Study prior to beginning the platting,process of a development
may not be required when the Planning and Engineering Director or designee determines that the scope of
the development can fully be resolved through the platting and site plan review processes or in those
instances where plats are filed in accordance with a previously approved Land Study.
Section 20.3.3 Preliminary Plat.
A.
1. our 4 har .copies and one (1) .pdf copy of the Preliminary Plat encompassing all land owned by the
subdivider. The overall concept shall be in compliance with all applicable provisions of this Article.
2. Three (3) hard copies and one (1) .pdf copy of the proposed plans or reports for the furnishing of water,
the installation of sanitary sewer facilities, and provisions for storm sewers, and general drainage facilities.
Topographic contours with intervals of not more than two (2) feet shall be shown.-
3.
hown.3. wo •2; ..hard copies and one (1) .pdf copy of the proposed Traffic Impact Analysis report, per the TIA
requirements stipulated in Article 18 of this UDC.
4. Statement of the intent of the developer to provide parkland dedication in accordancewith the requirements
of this UDC or to pay fees in lieu of parkland dedication. If parkland will be provided;the plat shall include
a General Note that states the amount of parkland required by the UDC and the amount of parkland
proposed to be dedicated by the plat. Parkland dedicated for the exclusive use of the neighborhood being
platted shall not qualify as fulfilling the parkland dedication requirement.
5. wo r2 hard copies and one (1) .pdf of a proposed Stormwater Management Report/Plan, per the
requirements of Cibolo Design and Construction Manual
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6. One (1) hard copy and one (1) .pdf of a tree survey showing all trees on the site, per the requirements of
this UDC.
7. A completed application form;
8. A certificate or letter from a title guaranty company or from an attorney duly licensed to practice law in the
State of Texas certifying the following concerning title to the land: '
a. A_statement,of records examined and date of examination; description of the property.in question by
-metes and bounds; name of the fee owner as of the date of examination and the date, file number, and
volume and page of the recording of the deed involved; the name of any lien holder together with the
date of filing and volume and page of such lien; and a general description of any easements or fee
strips granted, along with the file number, date of filing, and volume and page of recording;
9. A non-refundable check payable to the City in the amount as specified within the fee schedule:of the City,
as amended.
10.. In cases where public streets,_alleys, or easement are proposed to be platted across private easement.or
fee strips, a.copy of the instrument establishing such.private easement.or fee strip shall be submitted.
'Where a private easement has no defined location, agreement on a defined easement must be reached
before submission of final plat.
11. At the time that the preliminary plat is filed with the City, the applicant shall file a certificate showing that all
taxes have been paid on the subject property and that no delinquent taxes exist against the.property. The
applicant shall also file proof of ownership documentation.
12. Applications shall comply with all applicable Administrative Rules with respect to submittal deadlines and
-schedules; policies and guidelines, fees and forms, applications, checklists, interpretations, processes, and
all other information deemed necessary to enforce, interpret or explain the ordinances and provisions of
the City and protect the health, safety and welfare of the community.
13. -Engineering/Construction Plans may be submitted concurrently with the-Preliminary Plat. City Engineer
approval of Engineering/Construction Plans is not required as a prerequisite to the approval of a Preliminary
Plat. Engineering/Construction Plans shall comply with all requirements specified in this UDC.
14.
B. The Preliminary Plat shall:be prepared by a qualified professional engineer or registered professional land
surveyor drawn on sheets of eighteen (1.8") inches by twenty-four (24") inches and drawn to a known
engineeringscale of not smaller.than one 0 inch equals one hundred (1"=100') feet or a larger scale; shall
be submitted in a.quantity as specified bthe City Planner. In cases of large developments that would exceed
the dimensions of the sheet at the one 1" inch equals one hundred-(1" =100') feet scale. A preliminary Mlat -
may be depicted on multiple sheets or to another known engineering scale,as approved by the City Planner.
C. Preliminary Mats shall utilize all of the standardized plat notes described in Section 20.6 of this UDC, as
applicable, and the Preliminary Plat shall be accompanied.with reports, exhibits,.studies, surveys, calculations..
and other information as necessary to demonstrate that the preliminary plat submittal, in its entirety, provides
the information described below.
All the reports,surveys, exhibit,calculations and other supporting information shall be incorporated by reference
as a part of the Preliminary Plat.
1. A @reliminary Mlat may depict more than one phase, which, if so proposed, shall be clearly identified;
2. Vicinity or location map that shows the location of the proposed _reliminary plat within the City or,the ETJ,
in-relationship to existing major roadways and the existing/proposed zoning of the subject property and
adjacent properties;
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3. Boundary lines, abstract survey lines, corporate boundaries,.ETJ boundaries,.front building-setbacks;
4. Bearings and:distances sufficient:to locate the exact area proposed for the subdivision, and all-survey
monuments identified and labeled;
5.. Length and bearing of all straight lines, radii, arc lengths, tangent lengths, and central angles of all curves
shall be:indicated along the.lines of each lot. Curve and line data maybe placed in a table format;
6. Accurate reference ties via courses and distances to at least one recognizable abstract survey corner or
existing subdivision corner shall:be shown;
7. Name, location and recording.information for all adjacent subdivisions, including those located on the other
sides of roads or creeks. For unplatted properties, the name of property owners and recording information
shall be shown;
8. Location, width and names of existing/proposed rights-of-way, :property lines, subdivision name, section, .
block and lot information for properties;the location;type, dimension, ownership, and recording information
for existing and proposed easements .and existing structures on and.within two hundred (200') feet of the
subject property; shall be depicted;
9. Title block, .the title under which:the proposed subdivision is to be recorded,the name and address of the
owner/applicant,the name and address of the engineer or registered public surveyor who prepared the plat
and plans, graphic and written scale, date of preparation, north arrow, location of the property according to
the.abstract survey records of Guadalupe County, and number of lots,.segregated by the intended use of
each lot(i.e. single-family residential, open space, school, park); ..
10. Sites, if any, to be reserved or dedicated for parks, schools; playgrounds or other uses and the entity to
which those sites.are to be dedicated;.
11. Contours with intervals of two (2) feet or less shown for the area with all elevations on the contour map
referenced to:sea level datum; . .
12. Minimum finished floor elevations of building foundations for all lots adjacent to or within 100-year floodplain
or within an-area that may be susceptible to flooding according to FEMA Flood Hazard Maps;
13. Greenspace Preservation and Buffers and related drainage criteria.described in Article 19 shall be depicted;
14. The plat shall include.:all standardized language contained 'in Section 20.6; including the ownership. .
certificate;engineer and surveyor certifications, City signature blocks, approval dates by the Planning and
Zoning:Commission and City Council, and signature blocks for GVEC, CCMA,'CPS and Green Valley
Special Utility District(if applicable);
15. Plats must include the following general-notes:
Notice: Selling a portionr of this addition by metes and bounds is a violation of the Unified Development
Code of the City of Cibolo and State platting statutes and is subject to fines and withholding of utilities and .
building permits.
Notice: Plat approval shall not be deemed to or presumed to give authority to.violate, nullify, void, or cancel
any provisions of local, state, or federal laws, ordinances, or codes.
Notice: The applicant is responsible for:securing,any Federal permits that may be necessary as the result
of proposed development activity. .The City of Cibolo is not responsible for determining:the need for, or
ensuring, compliance with any Federal permit.
Notice: Approval of this plat does not constitute a verification of all data, information and calculations
supplied by the applicant.. The Engineer of Record or Registered Public Land Surveyor is solely responsible
for the completeness, accuracy and adequacy of their submittal whether or not the application is.reviewed
for code compliance by the City Engineers.
Notice: All responsibility,for the adequacy of this plat remains with the engineer or surveyor who prepared
them. In approving these plans, the City of Cibolo must rely on the adequacy of the.work of the Engineer
and/or surveyor of record.
Notice: Routine maintenance of weeds and grass in all easements shall be the responsibility of the property
owner, HOA, or Property Owner Association on which the easement is located in accordance with City of
Cibolo Code of Ordinances provisions for.high weeds and grass.
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16. All residential plats shall contain a general note stating that a Geotechnical Report demonstrating
compliance with all Recommended Practice for the Design of Residential Foundations,Version 1 standards
of the Texas Section of the American Society of Civil Engineers, the Geotechnical standards of the City of
Cibolo UDC and the City of Cibolo Building Code, each of which as may be amended, prior to the issuance
of a building permit;
17. Additional General:Notes mu be required by the City as necessary(e.g.for drainage, public access, +SS
17117PZZMITxDoT drivewa, ermission or other special types of easements) and appropriate to protect
public health, safety and welfare;
18. Street names must comply with all 911 Emergency Management criteria.
D. .With the Preliminary Plat Submittal additional reports, data and information, shall be submitted under separate
cover identified as an Engineering Report and will include the following:
1. Utility and Drainage Reports with adequate information to determine conformity with the utility and drainage
requirements of this UDC. Physical features, including the location and size of water courses,1 00-year flood
plains per FIRM maps, proposed CLOMR boundaries, regulated wetlands and areas where water drains
into and out of the subdivision;
2. A report.indicating any known/studied environmentally sensitive areas relative to wetlands endangered or
otherwise listed species, archeological indicators, soils, and slope analysis;
3. Based on the scope, size and complexity of a project, the City may require the submittal of written and
descriptive engineer reports or studies, such as a Phase 1 environmentalreport, slope or soil studies and
calculations to determine if the-plat complies with this UDC and other ordinances of the City;
4. A proposed grading plan, depicting areas into and out of the proposed subdivision shall be shown. The
preliminary drainage plan shall depict stormwater detention/retention areas, proposed surface and/or
subsurface drainage improvements and locations for proposed drainage discharge from the site shall be
shown;
5. A tree'survey indicating all-trees to be preserved or removed, their DBH in inches, botanic and common
names, and locations clearly represented on a topographic survey. Protected and heritage trees stipulated
in this UDC are to be preserved and shall be physically tagged and protected from site.construction.
E. Once.the Preliminary,addresses all City review comments, a final submittal of the following items is.required:
1. Three 3)full size and one (1) half-size approved plan sets;
2. •ne 1 final copy of all engineering reports (if amended from the original submittal);
3. A DVD or CD providing PDF's of all submitted plans and reports;
4. A DVD or CD containing all plans as properly georeferenced Geographic Information System (GIS)
shapefiles. Shapefiles must be projected to the following coordinate system: NAD 1983 State Plane Texas
South Central FIPS 4204 Feet. As an alternative, a .DWG (AutoCAD)file may be accepted, but it must be
properly projected to the above-mentioned coordinate system.
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F. Requirement Prior to A5 royal — Before consideration of the plat by the Planning and Zoning
Commission -6-7 the City Engineer and City Planner.shall certify the plat complies with all
applicable requirements of this UDC
G. The City Engineer, City Planner or City Manager shall not recommend a Alreliminary Mlat to the Planning and
Zoning Commission °i unless the following standards are met:
1. The plat must substantially comply with an approved Land Study, if applicable;
2. The proposed plat must comply with all requirements of this UDC and the Cibolo Design and Construction
Manual, unless a variance from a requirement is requested and determined to be acceptable based on just
cause for the variance being demonstrated by the applicant; and
3. The approval of the plat would be harmful to the health, safety or general welfare of the City.
H. Approval of the Preliminary Plat
2. When a. relimina plat has been approved, gne,subdivider ma, fileconstruction �lans. Ona roue
onstruction dans the subdivider may thereafter file a final plat of sections of the proposed subdivision
upon which approval of the preliminary plat has been obtained, and upon the filing of a final plat covering a
portion of such subdivision, the remainder of the preliminary plat shall be deemed as considered approved
or conditionally approved; provided, however, that such approval or conditional approval of the remainder
of the preliminary plat shall be limited to a three (3) year period from the date of final approval of a section
or sections thereof; provided further; however,that the fanning and Zoning Commissio may,
upon application and at its discretion, extend such period of validity not.to exceed two (2) years.
When a preliminary plat has been approved and thereafter the subdivider fails to file a final plat of the
subdivision or a section thereof within a period of two 2 years,.the approval of the preliminary plat shall
be void except; however, the: I_anringi and.Zo.ning Corrtmission; may, upon application and at its
discretion, extend such period of validity not to exceed one (1) additional year.
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Section 20.3.4 Engineering/Construction Plans, Studies and Technical Reports.
A. , the developer shall submit one (1).DVD and four (4) complete full .
sized paper sets of all signed and sealed engineering reports and studies and engineering/construction plans
for all proposed streets, storm:sewers, drainage structures, water and wastewater.facilities, retaining .walls,
sidewalks, and any other required public improvements for the area covered or to be covered by the final plat
in accordance with Article 20.5 of this UDC. Construction.plans shall:include all of the information,.title page,
Engineering.letters, technical reports and General Construction Notes and.S ecial Notes listed in Article 20.5
to constitute a complete submittal. lin,complete submittals will not be accept- .
I. Complete and detailed construction plans and written .specifications indicating the method of
construction and the materials to be used shall be submitted for:
a. The water distribution system showing the size and location of all existing and proposed water
mains, service lines,valves, fire hydrants, and all other water distribution appurtenances within the
proposed subdivision, as well as the location and method of connecting the propose_d water lines,
water.mains, and water services to the.City's existing system.
b. The sanitary sewer system showing by plan and profile the size, location, and the gradient of all
existing and proposed sanitary trunk lines, laterals, manholes, and service within the proposed
subdivision and.the location and the method of connecting the proposed sewer system into the
existing sanitary sewer system or the proposed location; type, capacity and schematic of operation
of a temporary treatment plant.
c. The storm water.drainage system showing by plans and profile the means and methods of draining
the proposed subdivision, showing in detail all existing and proposed drainage structures and the
means and method of connecting the proposed drainage system into the City's existing drainage
system and the means and methods of sediment control shall be shown.
Cl. All proposed bridges or culverts within the proposed subdivision, showing in detail, by plan and/or
profile, the structural members, connectors, railings, approaches, reinforcing'steel and deck.
e. All existing and proposed streets and alleys within the proposed subdivisions, showing by plans
and profiles the width of the rights-of-way: the widths of the proposed roadway; the gradient of all
curb lines; the location and size of all drainage inlets; and the type of pavement.
f. For a development containing existing fill or that-propose .to use fill, plans, reports and detailed
specifications .shall be submitted demonstrating compliance with the fill standards and
requirements of this UDC. This standard pertains to fill to be used for infrastructure improvements
to be dedicated to the public and to all lots where fill will be utilized. The following information shall
be clearly depicted and described on the plans:
i. All areas that will have went -fou (24Q) inches of more of fill or imported materials;
ii. Locations of formerand existing ponds that will require the removal of deleterious
materials, .as well as muck and organic materials, and compaction details for these
features;
iii. Post construction and prior to inspections, 79G test reports, construction material testing
and observation reports shall be provided to the City.
iv. For lots that contain,more than ent, -fou (241) inches of fill, a geotechnical soils analysis
shall be provided on the construction plans and provided to the City, with building pad
preparation and foundation recommendations.
2. Construction Plans shall be submitted in accordance with standardized plat and construction plat notes
as applicable, described in this Article, and shall provide all of the technical information contained in
this Article.
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a. Construction Plans cover sheet shall include a signature block where:the City Engineer will.sign
and date upon acceptance of the plans for construction. The Signature Block will be titled:
"Accepted for Construction";will have a place for the City Engineer to sign and date said block; and .
include the.following language:
"Note: The City Engineer's signature affixed to this document indicates that the City Engineer and
City Staff has reviewed this document and has found it to be in general conformance with the City's
UDC or approved variances to the same. The City Engineer, through the acceptance of this
document, assumes no responsibility, other than stated above, for the completeness and/or
accuracy of this document: Responsibility for the engineering adequacy of the facilities depicted
in this document lies solely with the Registered/Licensed Professional Engineer whose seal and .
signature is affixed to this document."
B. Construction/Engineering.plans, reports and studies shall be prepared by a professional engineer licensed to
practice in the State of Texas. All plans, studies and reports shall be signed and sealed by the engineer.
C. Cost estimates for all public improvements shall be submitted with the construction plans. Each public
improvement shall be tabulated and quantified into terms of lineal road length,-lineal sidewalk length, lineal
water line length (per diameter of water line), lineal sanitary sewer line length (per diameter of sanitary sewer.
line),lineal drainage channel lengths, .acreage of storm water pond acreage, and the like, to quantify the
cost/valuation of each public improvement.
D. The City Engineer shall review the plans, specifications, reports and studies for compliance with this UDC and
the Cibolo Design and Construction Manual. When plans approved, each of the three (3) complete sets of
plans, studies and reports will be marked as "Accepted" and.will be signed by the City .Engineer. One (1)
"Accepted" plan set shall be retained by the City Engineer. The other"Approved" plan sets will be provided to
the.developer and the Planning and the konstru FuFi m,s ecto .
E. Utility and Agency Comments or Approvals.
In addition to the acceptance of Construction Plans by the City Engineer, Construction Plans shall not be -
considered accepted until the City Engineer and City Planner have received letters or memos from all utilities
that have jurisdiction over improvements required or desired in the subdivision, including:
1. City of Cibolo Public Works;
2. Guadalupe Valley Electric Cooperative (GVEC);
3. mit public Servic (CPS) Ener , (where applicable);
4. 7Cibolo Creek Municipal Authority (CCMA);
5. Green Valley Special Utility District(where applicable);
6. Texas Department of Transportation, if any state right-of-way is involved in streets or access points;
7. Cable and telephone utility providers;
8. .'Guadalupe County, if any county right-of-way is involved in streets or access points; and
9. Any other State or public agency with approval with jurisdiction over improvements desired.in the
subdivision.
It shall be the responsibility of the developer to notify each affected utility provider or outside agency having
jurisdiction over the development to provide said utility provider or agency with plans and specifications required
to review the development. It shall also be the responsibility of the developer to provide the City Engineer and
.City Planner with letters or memos from each utility or agency.
F. If plans are not accepted, one set shall be marked with the objections and note and returned to the applicant or
developer for corrections. Once construction plans are accepted by the. City-Engineer, the owner/developer
shall provide three(3)complete sets of plans, reports and studies to be signed and sealed by the City Engineer
and distributed as prescribed above.
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G. A Final Plat for the development may not be submitted until Construction Plans have been accepted by the City
Engineer.
H. The engineering/construction plans shall be-valid for a period of one(1)year from the date on which they were
accepted. The City Council may grant a one (1) year extension, but in no case shall be extended more than
twice. If the plans expire, the City shall have the discretion to cause the plans to be subject to be reapproved
by the City in accordance with the current Cibolo Design and Construction Manual, as it may have been
amended after the original acceptance of the construction plans, assuming that no construction has occurred.
I. Once the Construction Plans address all City review comments, a final submittal of three (3)full size plan sets,
two(2)final copies of all engineering reports(if amended from the original submittal)and a DVD or CD providing
PDFs of all submitted plans and reports is required. The final submittal must also include a CD or DVD that
contains all final plans.and reports as PDF files and all plans in a format that can be incorporated into the City
GIS network. Plans may be submitted in AutoCAD, ArcView or any other approved format compatible with the
City GIS platform. Acceptable graphical data must be formatted with DWG (AutoCAD) or a Geographic
Information System (GIS) shapefile submitted with the x-y coordinates projected to the following coordinate
system: NAD 1983 State Plane Texas Central FIPS 4204 Feet.
Section 20.3.5 Final Plat.
A. A Final Plat - a, no be submitted to the City until Construction Plans are approved by
the City Engineer; in accordance with this Article, Section 20.5, of this UDC. Once Construction Plans are
aperoved, a subdivider may. submit a:Final Plat gq.lication asspecified bu the City. -
The following
information must be submitted to constitute a complete submittal:
1. -our 44 hard copies and one(1) .pdf copy of the Final Plat or Preliminary/Final Plat encompassing all land
owned by the subdivider.
2. hard copies and one(1).pdf copy of the Final Utility and the Final Storm water Management Report.
3. wo ►2a hard copies and one (1) .pdf copy of the Final Traffic Impact Analysis report.
4. Statement of the intent of the developer to provide parkland dedication in accordance with the requirements
of this UDC or to pay fees in lieu of parkland dedication. If parkland will beprovided,the plat shall include
a General Note that states the amount of parkland required by the UDC and the amount of parkland
proposed to be dedicated by the plat. Parkland dedicated for the exclusive use:of the neighborhood being
platted shall not qualify as fulfilling the parkland dedication requirement.
5. One (1) hard copy and one (1) .pdf of a Final Tree Survey showing all protected trees and heritage trees
and the methods proposed by the developer to tag and preserve these trees, per the requirements of this
UDC. Heritage trees to be preserved will be designated as such and depicted as a"Heritage Tree" on the
Construction Plans. A,grading plan shall accompany the tree survey with all trees located. Protected trees
stipulated in this UDC must be noted as a tree to be preserved and shall be physically tagged and protected
from site construction.
6. A completed application form;
7. A non-refundable check payable to the City in the amount as specified within the City fee schedule, as
amended.
8. The owner, developer, or dedicator of any subdivision plat wherein public streets, alleys, or easements are
shown crossing private easements or fee strips shall, by letter to the City, assume responsibility for any
modifications and/or protection of existing pipelines, or other facilities prior to the approval of the plat by the
City.
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9. At the time that the plat is filed with the City, the applicant shall file a certificate showing that all taxes have
been paid on the subject property and that no delinquent taxes exist against the property. The applicant
shall also file proof of ownership documentation.
1.0. Applications shall comply with all applicable Administrative Rules with respect to submittal deadlines and
schedules, policies and guidelines,fees and forms, applications, checklists, interpretations, processes, and
all other information deemed necessary to enforce, interpret or explain the ordinances and provisions of
the City and protect the health, safety and welfare of the community.
11. The Final Plat or.Preliminary/Final Plat shall have all required certifications and dedications specified by
this UDC, include all required General Notes stipulated in the Preliminary Plat requirements of this Article
and contain all standardized plat language described in Article 20.6 of this UDC.
12. All residential plats shall contain a .general note stating that a Geotechnical Report.demonstrating
compliance with all Recommended Practice for the Design of Residential Foundations,Version 1 standards
of the Texas Section of the American Society of Civil Engineers, the Geotechnical standards of the City of
Cibolo UDC and the City of Cibolo Building Code, each of which as may-be amended, prior to the issuance
of a building permit.
B. The Final Plat or Preliminary/Final Plat shall be prepared by a qualified professional engineer or registered
professional land.surveyor.drawn on sheets of eighteen (18") inches by twenty-four(24") inches and drawn to
a known engineering scale of not smaller than one inch equals one hundred (1"=100') feet or a larger scale,
shall be submitted in a quantity as specified by the City Planner. In cases of large developments that would
exceed the dimensions of the sheet at the one-inch equals one hundred (1" =100') feet scale. A plat may be
depicted on multiple sheets or to another known engineering scale, as approved by the City Planner.
C. Final Plat or Preliminary/Final Plat submittals shall provide all the following information on the plat or in
supporting documents, exhibits and reports, surveys or calculations, as appropriate. All the reports, surveys,
exhibit, calculations and other supporting information submitted with the Final Plat or Preliminary/Final Plat shall
be incorporated by reference as a part of the Final Plat or Preliminary/Final Plat and shall be subject to City
review and approval.
1. Accurate dimensions, both linear and angular, of all items on the plat shall be indicated and shown on the
final plat at a scale of either one (11) inch = one hundred (1001) or two hundred (2001) feet. The boundary
of the site shall close within one in ten thousand (1:10,000). ,Linear dimensions shall be expressed in feet
and decimals of a foot; angular dimensions may be shown by bearing.
2. The name of the subdivision, name and addresses of owners and/or subdividers, name and address of
engineer or.manager preparing plat, the legal description of the plat and dates of preparation or revision. .
3. North arrow M scale and map key(s). .
4. All certification statements, dedication restrictions and other inscriptions required by the UDC.
5. All lots, blocks, streets; alleys, pipelines, fee strips, water courses, greenspace buffers, easements,
reserves and total area, number of lots and number of blocks.
6. Front setback lines.
7. Street'names, lot numbers, block numbers and alphabetical identification of reserves.
a. Blocks are to be numbered consecutively within the overall platlor sections of an overall plat as
recorded.
b. All lots are to be numbered consecutively within each block. Lot numbering may be cumulative
throughout the subdivision if the numbering continues from block to block in a uniform manner that has
been approved on an overall preliminary plat.
c. Reserves (land to be used for other than residential purposes) are to be labeled as numbered blocks
and lots.
8. Locations of heritage trees that are to be preserved and maintained shall be designated as such and shown
on all lots and common area and any other location where they may exist. Protected trees stipulated in this
UDC must be noted as a tree to be preserved and shall be physically tagged and protected from site
construction. Locations for where replacement heritage trees will be planted, per replacement tree caliper
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ratio stipulated in this UDC shall be designated with proper nomenclature added to designate that these
trees are not be removed;except as permitted by this UDC;
9. Dimensions of streets and alleys:
a. Complete curve data (P.C., L.R.P.R.C., P.T.) shown on each side of streets and alleys.
b. Length and bearings of all tangents.
C.- Dimensions from all angle points and points of curve to an adjacent side lot line.
d. Actual width of all-streets and alleys,- measured at right angles or radially where curved. .
e. Complete bearings and dimensions for front, rear, and side lot lines. The following note for side lot lines
may be used in lieu of bearings:
"Ali side lot lines are either perpendicular or radial to street frontage unless otherwise noted."
10. Water courses and easements:
a. Distances to be provided along the side lot lines from the front lot line to the point where the sideline
crosses the drainage easement'line or the high bank of a stream.
b. Traverse line shall be provided along the edge of all large water.courses in a convenient location,
preferably along a utility easement if paralleling the drainage easement of a stream.
c. Green space Preservation and Buffers and related drainage criteria of Article 19 of this UDC shall be
depicted. -
11. Pipelines (oil, gas,flowlines etc.).
a. Pipelines-having no defined easement location or width shall be tied by dimensions to all adjacent lot
and tract corners..lf no agreement can.be reached on a defined easement, then building setback lines.
shall be shown at a distance of ten (10) feet from the parallel to the.center line of the pipeline.
12. Boundaries:
a. Ownership or outline of the tract or tracts the plat is proposed to subdivide shall be shown with very
heavy, solid lines. The boundaries of the plat shall be described with complete and overall dimensions
and bearings and be tied to an original corner of the original survey of which the subdivision is a part;
13. Extensional data:
b. The location, width, and.name of existing streets and subdivisions or property ownerships and the
location and dimensions.of existing lots, easements, pipelines, fee strips, survey lines;.building lines,
water courses, or other important information shall be shown on all sides of the subdivision for a
distance of not less-than two hundred (200)feet. The lines of such indication beyond the plat boundary
shall be dashed;
14. Private restrictions:
a. A copy of:the private restrictions (covenants)to be recorded with the final plat may-be requested by the. .
City MAH575M as necessary to ensure compliance with all requirements of this UDC. Reference to said
private restrictions (covenants)will be noted on the plat(s);
15. All General Notes required to be included on the Preliminary Plat shall be included on the Final Plat.
D. Once the Final Plat addresses all City review comments, a final submittal of the following items is required:
1. Three (3) full size and one (1) half-size approved plan sets;
2. One(1) final. copy of all engineering reports (if amended from the original submittal);.
3. A DVD or CD providing PDF's of all submitted plans and reports;
4. A DVD -or CD containing all plans as properly georeferenced Geographic Information:System (GIS)
shapefiles. Shapefiles must be projected to the following coordinate system: NAD 1983 State Plane Texas
South Central FIPS 4204 Feet. As an alternative, a .DWG (AutoCAD) file may be accepted, but it must be
properly projected to the above-mentioned coordinate system.
E. Guarantee of Performance-The developer of the proposed plat, and their assigns, shall comply with Section
20.3.6 of this UDC.
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F. Private Easements and Fee Strips
The developer of any plat shall obtain from the holder of any private easement or fee strip within the plat crossed
by proposed "streets or alleys an instrument granting,to the public the use of said public streets, alleys, 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, alleys, and easements indicated. A signed
copy of this instrument shall-be delivered to the City, and the original shall be filed for record along with the plat.
G. Approval of Final Plat
In the event a Final Plat does not receive Planning and Zoning Commision approval within the above thi
30 day timeframe,_q note on the recorded Final Plat will state:
'This plat was filed for approval on in accordance with the City of Cibol
Unified'Developrnent Code, Article 20. Due to inaction by the approving body ofthe Planning and Zonin'
ICorhmission, this plat is deemed approved on by operation of la
Per House Bill 3167.'
3. When a Final Plat has been approved, the subdivider may commence with the plat recordation process,
provided that the City is furnished a current Certified Tax Certificate confirming that all taxes have been
paid in full.
4. On approval of the plat, said plat being otherwise fully and properly endorsed, the Chairman of the
Commission, the Commission yesr _Vice-Chai , Mayor and City Secretary shall sign the Final Plat.
However, in no case shall the plat be recorded nor signed by any agent of the City until the City Engineer
has approved all plans and specifications.for the subdivision as herein required.
5. Final.Plat approval will expire two (2) years after . GO—IRGH Com missiod action granting approval of any
plat unless the plat has been filed.for record.
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6. After final approval has been obtained and prior to recording the plat, ne '� mylar print end o.ne(61) gape
of the Final Plat shall be furnished to the City, at the developer's expense. The plat recording-fees of
the County Clerk shall also be submitted to the City.
7. Staking.-Plat on Ground — The engineer or surveyor shall place such monuments as required by the City
set,at all corners and angle points of the boundaries of the original tract to be subdivided and at all street
intersections,:angle points in street lines and points of curve, and at such intermediate points as shall be
-required by the City.-Such monuments shall be of iron pipe not less than three-quarters (3/41)of an inch in
diameter and three(31)feet in length, driven securely into solid earth with the grades of same being at grade
with established sidewalk, or if the walk is not established, flush with natural grade.
The City recommends that staking be performed prior to recording the Final Plat to confirm that the plat
accurately represents the survey and_that all required monuments, are accurately shown on the plat.
Remedies to resolve any discrepancy between the staking survey and approved Final Plat are subject to
the. Amending Plat requirements of this Article, but the City has more latitude to administratively correct.-
minor discrepancies on the Final Plat before the plat being recorded.
H.: Expiration and Extension of a Final Plat
1. Expiration.
The approval of a final glat shall remain in effect fora Leriod of two 2 years after the date the application
Was approved or conditionally approved by the I.PwlffEigg and Zoomm
nin Cissio , during which
...period the applicant shall submit any required revisions for approval and-recordation of the plat.:If the ginal
Nlat has not been recorded within the two (2) year period, the final Plat approval, unless extended, shall
expire and the plat shall be null and void.
2. Extension.
At the:request of the property owner:or their re resentative, the expiration date:for approval of a ginal glat
may be extended by they}� aanm!_ vrn„nissiv,t�for a period not to exceed six(6) months. A Jinal Mlat is
not subject to reinstatement following expiration.
Section 20.3.6 Guarantee of Performance, Inspection,Acceptance of.Public Improvements; Licensing.
A. If the applicant chooses to construct the required improvements prior to recordation of the final.plat, all such
construction.shall be inspected while in progress by the appropriate City department and must be approved
upon completion by the City .Engineer .and any other public utility if that utility provides service to the
development. Written notification by such officials stating that the construction conforms to the specifications .
and:standards contained in or referred to in this UDC must be presented to City Planner prior to recordation of
the®inal @lat.
B. It the applicant chooses to file security in lieu of completing construction prior to the recording the plat the
applicant.may provide a-
.1. Performance bond or surety bond;
2. Letter of credit; or
3. Escrowfundsequal to the total installation cost of the required improvements.
C. Security shall.be in an amount equal to one hundred twenty-five:(125®/) percent of the estimated cost of
completion of the required public improvements. The issuer of any surety bond,and letter of credit shall be
subject to the approval of the City Engineer and the City Attorney.
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D. Performance bond.
The performance bond shall comply with the following requirements:
1. All performance bonds must be in the forms acceptable to the City Engineer and the City Attorney.
2. All performance bonds must be executed by such sureties as are named in the current list of"Companies. .
Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring
Companies", as published in Circular 570, as may be amended, by the Financial Management Service,
Surety Bond Branch, U.S. Department of the Treasury.
3. All performance bonds must be signed by an agent and must be accompanied by a certified copy of the
authority to act; and
4. All performance bonds. shall be obtained from surety or insurance companies that.are duly licensed or
authorized in the State of Texas to issue performance bonds for the limits and coverage required.
E.' Letter of Credit.
The letter of credit shall:
1. Be irrevocable;
2. Be for a term sufficient to cover the completion of the required public improvements;
3. Require only that the City present the issuer with a sight draft and a certificate signed by credit
F. As portions of the public improvements are completed in accordance with the approved engineering plans, the
applicant may make written application to the City to reduce the amount of the original security. If the City as
approved by the City Engineer is satisfied that such portion of the improvements has been completed in
accordance with City standards, the City may, but is not required to, cause the amount of the security to be
reduced by such amount that it deems appropriate, so that the remaining amount of the security adequately
®nsures the completion of the remaining public improvements.
G. Guarantee of materials and workmanship.
1. The applicant or developer shall require of the construction contractors with whom he contracts and shall
himself be responsible for guaranteeing that all materials required under this Ordinance and,workmanship
in connection with such improvements are free of defects for a period of two years after acceptance of the
improvements by the City and other utility.
2. The City may inspect all required improvements to ensure that construction is being accomplished in
accordance with the plans and specifications approved by the City. The City shall have the right to inspect
any construction work being performed to ensure that it is proceeding in accordance with the intent of the
provisions of this UDC.::Any change in design that is required during construction should be made by the
licensed,professional engineerwhose seal'and signature are shown on the plans. Another engineer may
make revisions to:the original engineering plans,if so, authorized by the owner of the plans, and if those
revisions are noted on the plans or documents. All revisions shall be approved by the City Engineer. If the
City's Engineer finds, upon inspection, that any of the required public, improvements have not been
constructed in accordance with the plans and specifications approved by the City.then the developer shall
be responsible for completing and correcting the deficiencies at the developer's.expense.
3. The developer/applicant shall pay for testing services that verify:conformance with the approved plans and
specifications. All expenses for tests that fail to meet these specifications shall also be paid for by the
developer.
4. Upon completion, inspection, and. acceptance of the required utility improvements, the applicable utility
provider, if any other than the City, shall submit a letter to the City, City Engineer and the
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developer/applicant stating that all required utility improvements have been satisfactorily.completed and
accepted by the applicable utility. provider.
5.. Subject to the provisions of this Article,the City may withhold City services and improvements of whatsoever
nature,. including the maintenance of streets and the furnishing of all other. City services from any
subdivision or property :until all of the street, utility, storm drainage and other public improvements are
properly constructed according to the approved construction plans, and until such public improvements are
dedicated-to and accepted by the City.
6. If the surety on any performance bond furnished by.the applicant is declared bankrupt, or becomes
insolvent, or its right to.do business is terminated in the State of Texas, the developer shall, within twenty.
(20) business days thereafter, substitute another performance bond and surety, both of which must be
acceptable to the City.
7. When all of the improvements are found to be constructed and completed in accordance with the approved
plans and specifications and with the City's standards, and.upon receipt of one set of"Record Drawing"
plans, and a digital copy of all plans (in a format as determined by the City Engineer) the City Engineer
shall accept such improvements for the City, subject to the guaranty of material and workmanship
provisions in this Article.
B. Temporary Improvements.
The applicant shall build and pay for all costs of temporary improvements.required by the City and shall
-maintain those temporary improvements for the period specified by the City.. Any temporary public
improvement(e.g., a temporary cul-de-sac, alley turnout, drainage swale, erosion control device, etc.)shall
be placed within an easement established specifically for that purpose. The recording information of the
instrument establishing.the temporary easement shall be by Instrument and approved by the City Engineer.
A temporary easement for a required public improvement shall not be abandoned without the City
Engineer's approval and without written consent by the City.
9. Government Units.
Governmental units to which these contract and security provisions apply may.file, in lieu of the contract
and security, a certified.resolution or ordinance from officers or agents authorized to act in their behalf,
agreeing to comply with the provisions of this Ordinance.
10. Acceptance of dedication offers.
Acceptance of formal offers for the dedication of streets, public.areas, easements or parks shall be by
authorization of the City Engineer. The approval by the Commission of a greliminary or Lqinal,Mlat shall not,
in and of itself, be deemed to constitute or imply the acceptance by the City of any public improvements
required by the plat. The City may'require the plat to be endorsed with appropriate notes to this effect.
11. No applicant or contractor shall begin construction of public improvements, including grading, within a
subdivision until the construction plans are approved by the City Engineer and a Site Development Permit
issued by the,City, in accordance with this UDC.
12. The developer/applicant shall notify the City prior to commencement of construction. This notice shall give
the location and date of the start of construction.
13. Acceptance of the development shall mean that the developer has transferred all rights to all the public
improvements to the City for use and maintenance. The City may, at its option and on recommendation of
the City.Engineer,-accept dedication of a portion of the required public improvements if the remaining public
improvements are not immediately,required for health and safety reasons, and if the property owner has
posted a performance bond, letter of credit or cash bond in the amount of one hundred and twenty-five
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(125°/).percent of the estimated cost of those remaining improvements for a length of time to be determined
by the City Engineer.
14. Upon acceptance of the required public improvements, the City Engineer shall submit a letter to the
developer/applicant stating that all required public improvements have been satisfactorily completed.and
accepted by the City. Upon receipt.of the approval letter from the City Engineer, the developer shall submit
a.Maintenance/Warranty Bond and Public Improvement Acceptance Forms for City. Engineer and City.
Council approval, per the requirements described in this UDC.
15. Contractor Licensing and Registration.
Any contractor wishing to construct a public improvement must be licensed in accordance with all applicable
state statutes. In.addition to the license requirements of.State of Texas, contractors working on public
improvements shall be :registered:and approved by the City. , The City may deny or approve a public
improvement contractor, approve:with conditions, require reasonable bonding of the contractor's work,.
suspend.or revoke a public improvement contractor's registration. The.City may withhold approval of said
registration for reasonable cause to include failure to construct public improvements to code or City
specifications, for violations of any City Ordinances, for failure to provide accurate or complete data as
required by:the City, or for failure to correct subdivision public improvements which fail within a year of their
acceptance in accordance with this UDC. The contractor may appeal the City's registration decisions to
the City.Council
.Section 20.3.7 Deferral of Required Improvements.
A. The City Council may, upon petition of the property owner and.favorable recommendation of the City Planner,
defer at the time of plat approval, subject to appropriate conditions, the provision of any or all- public
improvements as in its judgment, are.not required in the immediate interests of the public health, safety and
general welfare.
B. Whenever a petition to.defer the construction of any public improvements required under this UDC is granted
by the.City Council , the property owner shall deposit in escrow with the City_.their share of the costs of the ,
future public,improvements as approved by the City Engineer and City Manager prior to filing of the plat, or the
property owner may execute a separate improvement agreement secured by a. cash escrow or, where
authorized, a letter of credit guaranteeing completion of the deferred public improvements upon demand of the
City.
Section 20.3.8 Recordation.
A. After the approval of a Dinal glat, as prescribed by this UDC, and the recei t of letters of service from applicable
utilities, the City Planner may begin the process to record such final flat with the Bounty clerk upon the
applicant's performance of the following:
1. Completion of the construction of required improvements prior to.recordation in compliance with this UDC,
and the granting of preliminary acceptance of the improvements by the City.
2. Filing of security in lieu, of completing construction prior to recordation in a form approved by the City
Attorney, and in compliance with this UDC.
B. In addition.to the performance required under subsection 0® of this Article, the applicant shall provide, as
appropriate, the following:
1. A check or checks payable to the Jounty Mlerk in the amount of the recordation fee for filing the ginal glat.
2. A tax certificate from the City, county and school district showing that no taxes are currently due or
delinquent against the property.
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3.. The applicant shall provide dedication of all streets, alleys, parks, easements and other land intended for
public use, signed by the owner or owners and by all other persons owning an interest in the property
subdivided and platted, which shall be acknowledged in the manner prescribed by the laws of the state for
conveyance of reaf property, and which shall be submitted and attached to or placed in the®inal Mlat in
accordance with the provisions in this Ordinance.
4. The City Planner shall cause such plat to be filed with the county clerk upon compliance with this UDC..
After filing of the plat, the applicant shall provide the City with a mylar copy, sufficient paper copies as
determined by the City Planner, and a digital copy of the final plat in a format acceptable to the City Planner.
Section 20.3.9 Site Development Permit Required.
A. General
1. The City will make no.improvements nor will the City maintain.any streets or any utility service in any
addition or subdivision for which approved preliminary and®inal Mats are not on file with the City and the
County Recorder. Furthermore, no plat of a subdivision shall be filed in the office of the County Recorder
without official approval as required by this UDC.
2. No construction work shall begin on the improvements in a. proposed subdivision prior to approval.of
Construction Plans by the City Engineer, as specified by this UDC. No excavation, grading or site clearing
activities shall.occur prior to approval of construction plans. However, limited/preliminary grading or site
preparation activities .(i.e. excavation, filling, tree removal/clearing, etc.) may be authorized b the Cit
Manager..at their discretion upon recommendations by the City Engineer and the City
aonstrucfio Inspector provided that:
a. Such request is submitted in writing and signed by the property owner and said request states that the
property owner assumes all responsibility and liability relating.to the proposed work;
b. Such activities will not be,detrimental to the public health, safety or general welfare;
c. Such activities are within the area of an approved preliminary plat and all applicable conditions or
stipulations relating to the preliminary plat approval have been met;
d. Engineering and constructionplans have been submitted.and approved by the City Engineer and
S 0°nstruCtien Ingo-toIngo-toi prior to the commencement of the
construction work; and .
e. Site Development Permit has been issued once the City Engineer and City Planner have confirmed
compliance with all requirements of this UDC.
3. A Site Development Permit is required from the City prior to beginning any work-in the City or the Cibolo
ETJ that affects erosion control, storm drainage, vegetation or tree removal, grading or excavation. Said
permit shall be subject to all contractors participating in the proposed work attending a Preconstruction
Conference with the.City to discuss the project prior to release of a Site Development Permit and before
any filling, excavation, clearing and/or removal of vegetation and trees is performed;
4. Prior to authorizing the release of a Site Development Permit, the City, Engineer and
construction 1!n, UFOto g shall be satisfied that the following conditions have been met:
a. Construction Plans have been approved by the City Engineer in accordance with this UDC;
b. All necessary off-site easements and/or dedications required for public infrastructure have been
conveyed solely to the entity:forwhich the improvements are to be dedicated with'the proper signatures
attached. The original documents and the appropriate.filing fees shall be returned to the City Engineer
prior to approval and release of the engineering plans;
c. All contractors participating in the construction work have been presented with a set of approved plans
bearing the stamp of release by the City Engineer;
d. A complete list of the contractors,their representatives on the work site, and telephone numbers where
a responsible arty; who may:-be reached at all times, must be submitted to the City Engineer and
�onstructien Lns•ecto ;
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e. All applicable fees Site Development Fees have been paid to the City.
B. Process
1. Once Construction Plans are approved by the City Engineer, the developer may authorize a contractor to
commence install/construct the public improvements in accordance with the approved plans and the City's
standard specifications, and at the developer's expense. The developer shall employ engineers,surveyors,
and other professionals as necessary to design, stake, supervise, and.perform the construction of such
improvements, and shall cause their contractor to construct the said improvements in accordance with
these regulations and with this UDC and the Cibolo Design and Construction.Manual.
2. Pre-Construction Conference
Before any construction may begin, a 11're-lonstruction Jonference.will be held for subdivisions for project
coordination. The conference must be attended by the developer, all contractors and sub-contractors, utility
companies,. the City Engineer, the City Manager. (and/or .an appointed representative) .and anyone
concerned with the subdivision development.
3. A full set of the City Engineer approved engineering/construction plans must always also be available for
inspection on the job site.
4. A drainage plan showing how the drainage of each lot relates to the overall drainage plan for the plat under
consideration shall be available for inspection on the job site at all times and shall be made available to
each builder in the development to ensure that all builders comply with the drainage plan.
Section 20.3.10 Issuance of Building Permits and Certificates of Occupancy.
A. No building permit shall be issued, street address assigned or utility connection allowed for a lot, building site,
building or use unless the lot or building site has been officially recorded by a final plat approved by the City
and filed for record at the County.
B. Upon applicationJor a "foundation only" building permit, a building "foundation only" permit shall be issued
provided that a Sinal flat has been recorded. However, the building permit shall not be issued and building
construction shall not be allowed to surpass the construction of fire protection improvements until all required
fire lanes have been completed and until all water lines serving fire hydrants have been completed, inspected
and tested, within iue hundre (5000).feet of the lot where the building permit is sought. ..
C. Unless exempted by this UDC, no lot may be sold nor title conveyed until the Sinal Slat has been approved and
recorded by the County Recorder of Guadalupe County, Texas.
D. No certificate of occupancy shall be issued for a building or. the use of property unless all subdivision
improvements have been completed and a final plat has been approved by the City and recorded by the County
Recorder of Guadalupe County, Texas. Notwithstanding the above, the City may authorize the conditional
occupancy of a structure provided that an agreement providing cash escrow, a letter of credit, or other sufficient
surety is approved by the City Engineer for the completion of all remaining public improvements, and provided
that the structure is safely habitable in accordance with the Cibolo Building Code, as amended.
Section 20.3.11 Public Improvements Acceptance/Warranty Required
A. It is expressly understood that as a condition to the approval of said subdivision, no Building Permits will be
issued until all public infrastructure is installed and other improvements required by this UDC is accepted for
the subdivision in which said lot is contained except as specified in this section.
B. Inspection.and Acceptance of Public Improvements
1. Inspection.
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Construction Inspection shall be supervised by the City of ibolo lGempliange
onstructio ns" ectq r appointed City staff member . Construction shall be in accordance.with the
approved construction plans. Any significant change in design required during construction shall be made. .
by theapplicant's engineer and shall be subject to approval by the Ci Engineer. he applicant's enginee
hall complete'a preliminary inspection of the development or the unit of the development being presente
or preliminary%'acceptance prior to requesting a preliminary acceptanceinspection by the City Engineer an
ity_"staff The;applicant's engineer shall submit a signed and sealed'letter to the City Engineer staffing tha :.
tie development or46 unit of- a development ti Bing presented for prelirriinary acceptance is complete i`
ccordance with the appyroved construction plans and all known-deficiencies (``puhch'hst" items have bee
orrected If the onstructiornspectoror City sta finds upon
onductm""the `r`:elirrih; inspection walk-throw that any of the required public improvements
have not been constructed properly and in accordance with the approved construction plans, the pro ert
owner..shall be responsible. for completing and/or correcting said.public improvements rior to the
li„ -
pp cant's engineer's=requesting a:second preliminary acceptance walk through. A fee.shaII be'charge
or each additional re>"ue°steel' relirriiria walk-throw has described in theCit' of Cibolo Fee Ordinanc`.
2. Acceptance of Public Improvements
a.. Preliminary Acceptance (Part 1)
i. When the City 'Engineer determines that public improvements have been installed in
compliance with the approved construction plans; the developer may petition the City for
preliminary.acceptance of public improvements by completing Part I of the"Developer Petition
for Acceptance of Public Improvements" shown in this UDC.and forwarding it to the Cityin
three (3) copies with required supporting documents as specified in:the"Developer Petition for
Preliminary Acceptance of Public Improvements."
ii. After recommendations) by the City Engineer, the City shall accept or reject the.petition for
preliminary acceptance of public improvements and said acceptance or rejection shall be final.
The City may provide for conditional acceptance of public improvements provided that the
applicant guarantees that all materials and workmanship are to be in accordance with the
approved plans and specifications prescribed by the City and to"correct-any and all deficiencies
not in accordance with approved plans and specifications as may be noted until final
acceptance by the City in accordance with Final Acceptance as specified below.
iii. Each public improvement shall be tabulated and quantified. into terms of lineal road length,
lineal sidewalk length, lineal water line length (per diameter of water line), lineal sanitary sewer
line length (per diameter of sanitary sewer line), lineal drainage channel lengths, acreage of
storm water pond acreage, and the like, as well as the valuation for each public improvement.
iv. In conjunction with the submittal of the Preliminary Acceptance instrument, the applicant shall
submit the following:
■ Two (2) hard copies of the following items: construction-plans approved by the City
Engineer, As-Built construction plans certified by a registered P.E., field density and
material source tests.by a recognized testing laboratory and a geotechnical report;
■ DVD and,com tete log of the televised sewer line inspections completed affer the mandrel;
a'cd um and�Oressure test
■ Acceptance letters from all utility providers;
■ Itemized Construction Cost report;
■ Pre-walk Punch list rvvided b ro'ect.En" ineer ;
■ Copy of recoded Final Plat;
■ Maintenance Bond per UDC Article.20.6; and
■ A DVD with AutoCAD and PDF's of all items on the above list.
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b. Final Acceptance (Part II)
i. After 18 month from the:date of preliminary.acceptance in accordance with.Part I,
hen 75% of the buildable lots within the development or the unit of the development bein
resented for final acce<tance have been develo ed whichever oint in fiime occurs last the
developer may petition'the City for final acceptance of public improvements by completing Part
II of the°Developer Petition for Acceptance of Public Improvements"as shown in this:UDC and
providing three (3) copies of the form to the City.
ii. Upon the submission of a com lete etition with all the re uired, information and attachments
specified in this UDC, the t dstu Mo.nstructio pp—
�eeto
ointed Gi s staff member , in conjunction .with the. City Engineer, shall perform rna
acceptance inspections to determine that the owner has maintained the public improvements
in good condition and has corrected any and all deficiencies. specified in the Preliminary
Acceptance procedure.
iii. When:the City Engineer determines that the owner has maintained the public improvements in
good condition and has corrected any and all deficiencies .specified in -the Preliminary
Acceptance procedure or any other deficiencies having arisen from the effective date of the.
acceptance of the petton for preliminary acceptance, the, petition shall be forwarded to.the
Planning and —_ =n ineerin Director for final acceptance of the public
improvements.- The effect of approval of a petition for final acceptance of public improvements
by the City shall be the assumption of the responsibility :_for maintenance of the public
improvements by-the City.
l 18 monfih � �;
o e
c. Notice of Deficiencies
i. ..In the event required;plans and/or specifications have not been complied with during either
Phase l or Phase II of the public infrastructure inspection and acceptance processes, the City
Engineer will so inform the developer in writing listing each discrepancy requiring correction.
A copv of said notice to the developer shall be forwarded to the Planning and
-n ineerin Director;
ii. When all listed discrepancies have been corrected, the owner shall:re uest re-ins ection by
the City Engineer and The
developer shall pay all re-inspection costs prior to acceptance;
iii. When inspection or re-inspection determines that all plans and..specifications have been
complied with, the City Engineer shall complete the final acceptance certificate shall forward
1•lMlnnmon}
three 3 :copies with u orting information to the Planning and .�, � E=_ng_ineern_
Director for consideration for approval.
d. An affidavit from the Iapplicant stating that-to the best of their information and belief, the contractor(s)
has complied with the regulations contained in this Article.
e. Prior to Final Acceptance of any public improvements, "As Built" plahS shall be submitted to the City.
C. Performance Bond, Maintenance Bond, Warranty Bond, and Preliminary/Final Acceptance Forms
1. In Section 20.6M of this UDC are the forms for Performance, Maintenance: n• Warranty Bonds and
Preliminary and Final Acceptance instruments submitted for all public improvements.
386
Cibolo Unified Development Code
Month XX,_201._
2. For each of these instruments, the developer shall submit three (3) originalsignature copies. Upon
execution of each instrument, the owner/developer will receive an original executed copy.
3. Performance, aintenance an' Warranty Bonds may only be released by an affirmative action on the part
of the City Engineer andLol Planning and Director.
4. The developer or owner shall covenant too-warran the required public improvements:for a period of
18 months in thecase of Prelimina Acce fiance and Final Acte tans .following acceptance by
the City.of all required public improvements and shall provide a maintenance bond in the amount of twenty-
five (25%) percent, with a minimum amount of$25,000, of the costs of the improvements for such period.
All improvements located within an easement or right-of-way shall be bonded.
Section 20.3.12 Dormant.Subdivisions.
Any Master Plan,land Study Preliminary lat,final Plat, Replat, Rmending Plat, conveyance plat or Nevelopment
Ilat that is dormant, per the provisions of Texas Local Government Code Section 245.005, shall expire upon the
adoption date of this UDC and shall become null and void.
Section 20.3.13 Vacating Plat.
A. Prior to the.sale of any lot.
In cases where lots have not been sold, any plan, plat or eplat may be vacated by the proprietors:of the land
covered thereby at any_time before the sale,of any lot therein by a written instrument declaring the same to be
vacated, duly executed, acknowledged and recorded in the same office as-the plat to be vacated, provided the
approval of the City has been obtained. On the execution and recording of the vacating instrument,the vacated
plat shall have no effect.
B. After the sale of any lot.
In cases where lots have,been sold,;the plan, plat or Meplat, or any part thereof, may be vacated:upon the.
application of-all the owners of lots in such plat and with the approval of the City.On the execution.and recording
of the vacating instrument, the vacated plat has no effect.
Section 20.3.14 Replatting.
A. Replat required.
Unless otherwise expressly provided for herein,-a property owner-who proposes to replat any portion of an
already approved and filed®final flat, other than to amend or vacate the plat;must first obtain approval for the
replat under the standards and procedures prescribed for the replatting of land by this .Ordinance. All
improvements shall be constructed in accordance with the same requirements as for a®incl Plat as provided
herein: The City. Planner: may waive or modify requirements :for a Mreliminaryleplat under certain .
circumstances where the proposed replat does not involve a large land parcel or an existing structure. or
business on the subject property,and where the proposed plat revisions are relatively simple in nature.
B. Replatting without vacating preceding plat.
A.replat of a Final Plat or portion of a Final Plat may be recorded and is controlling over the preceding:plat
without vacation of that plat if the replat:
1. Is signed and acknowledged by only the owners of the property being replatted;
2. �Is approfta
ff—yTt,he Planninand Zonin Commission..
387
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a - - - -
NO
a ••
Cibolo Unified Development Code
"onth�XX;201
E.
F. Any replat that adds or deletes lots must include the original subdivision and lot boundaries. If a replat is
submitted for only a portion of a previously. platted subdivision, the replat must reference the previous
subdivision name and recording information and must state on the replat the specific lots which have changed
along with a detailed"Purpose for Replat statement.
G. If the previous 'plat is vacated as prescribed in Section 212.013 of the Texas Local Government Code, as
amended, and as provided in this UDC, a public hearing is not required fora re-plat of the area vacated. It
would, instead, be submitted as a°preliminary or Mina Mat"and reviewed accordingly.
H. The replat of the subdivision shall meet all the requirements for a Minal Mlat for a new subdivision that may be
pertinent, as.provided for herein.
I. The title shall identify the document as a"Final Plat"of the" Addition, Block , Lot(s) , being
a Replat of Block Lot(s) of the Addition, an addition to the City of Cibolo,
Texas, as recorded in Volume Page of the Plat Records of County,
Texas".
J. An application submittal for a replat shall be the same as for a Minal glat and shall be accompanied by all items
required for®inal;Mlats including the required number of copies of the plat, a completed application form, the
required application fee and Letters of Certification as required in "City of Cibolo LOC submittal checklist" as
amended from time to time.
K. The replat shall also bear.a detailed "Purpose for Replat" statement which describes exactly what has been
changed on the plat since the original (or previous) plat was approved by the City and filed at the County.
L. The replat shall be filed at the County in the same manner as prescribed for a®inal'Mlat, and approval of a re-
plat shall expire if all filing.materials are not submitted to the City, and if the replat is not filed at the County
within the time periods specified for a®inal Rlat.
Section 20.3.15 Amending Plats.
A. An®mended flat shall meet all the informational and procedural requirements set forth fora Ninal Mat, including
the required number of copies of the plat, a completed application form, and the required application fee, as
amended.
B. Upon receipt off-a favorable recommendation for approval from the City Engineer, the City Planner may approve
an ®mending @lat which may be recorded and is controlling over the preceding or®incl glat without vacation
of that plat if the®mending glat is signed by the applicants only and if the amending plat is for one or more of
the purposes set forth in this Article. The procedures for Emending Mats shall apply only if the sole purpose of
the mending glat is to:
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1. Correct an error in a course or distance shown on the preceding plat;
2.. Add a course or distance that was omitted on the preceding plat;
3. Correct an error in a real property description shown on the preceding plat;
4.. -Indicate monuments set after the death; disability, or retirement from practice of the engineer or surveyor
responsible for setting monuments;
5. Show the location or character of.a monument that has been changed in location or character or that is
shown incorrectly as to location or character on the preceding plat;
6. Correct any other type.'of scrivener or clerical error or omission previously-approved by the municipal
authority responsible for approving plats, including lot numbers, acreage, street names, and identification
of adjacent recorded plats;
7. Correct an error in courses and distances of lot lines between two adjacent lots if:
a. Both lot owners join in the application for amending the plat;
b. Neither lot is abolished;
c. The amendment does not- attempt to remove or modify recorded covenants or restrictions- or
easements; or
d. The amendment does not have a material adverse effect on the property rights of the owners in the
plat.'
8. Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line .
or easement;
9. Relocate one or more lot lines between one or more adjacent lots if:
a. The owners of all those lots join in the application for amending the plat;
b. The amendment does not attempt to remove or modify recorded covenants or.restrictions or
easements; or
c. The amendment does not increase the number of lots.
10. To make necessary changes to the preceding plat to create six or fewer lots,in the subdivision or a part of
the subdivision covered:by the preceding plat if:
a. The changes do not affect applicable zoning.and other regulations of the City;
b. The amendment does not attempt to remove or modify recorded covenants or restrictions or
easements; and
c. The area covered by the changes is located in an area that the City Council has approved, after a public
hearing, as a residential improvement area.
11. To replat one or more lots fronting on an existing street if.
a. The owners of all those lots join in the application for amending the plat;.
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Mob Unified Development Code
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b. The:amendment does not attempt to remove recorded covenants or restrictions;
c. The amendment does not increase the number of lots; or
d. The:amendment does'.not create. or require the creation of a new street or make necessary the
extension of municipal facilities.
C. The City Planner may approve amending plats administratively, or for any reason, may elect to present the
Emending glat to the Planning and Zoning.Commission and City Council for consideration and approval. -Any
decision made on the ®mending @lat by the Planning and Engineering-Director shall be approval of the plat.
Should the Cit :refuse to approve the.Emending glat, then.the plat shall be referred to the Planning and Zoning
Commission: for review and approval within the time period required by State law.
D. Notice, a public hearing, and the approval of other lot owners is not required for.the approval and issuance of
an®mending glat.
E. The®mended Ilat shall be entitled and clearly state that it is an-"Mmended glat", and it shall include a detailed
"Purpose for Amended Plat" statement which describes exactly what has been changed on the plat since the
original (or previous) plat was approved by the City and filed at the.County. It shall also state the specific lots
affected or changed as a result of the amended plat and shall include the original subdivision plat boundary.
All references to"®incl @lat" or"gleplaf' shall be removed.
F. The®mendingat shall be filed at the County in the same manner as.prescribed for a Minal glat, and approval
of an®mending %lat shall expire if all filing materials are not submitted to the City, and if the plat is not filed at
the County.within the time periods specified for a jFinal glat.
.Section 20.3.16 Minor Plats.
A. A Minor glat shall meet all of the informational and procedural requirements set forth for a Final @lat, and.shall
be accompanied by all items required by the City Planner, including the required number of copies of the plat,
a completed application form, and the required application fee.
B. Upon receipt of a favorable recommendation for approval by the City Engineer, the City Planner.may approve,
or approve with conditions, a Minor glat, or may, for any reason, elect to present the Minor Mlat to the
Commission for consideration. The City Planner may not:deny a Minor lat. Should the City refuse
to approve the inor lat, then the plat shall be referred to the Commission for review and approval
within the time period required by State law.
C. Notice, a public hearing, and the approval of other lot owners are not.required for the approval a Minor glat.
D. The Minor'glat shall be titled and clearly state that itis a"Minor Rlat."
E. The 1Ml inor gl ' shall be filed at the County in the.same manner as prescribed foraMin-al Rat, and approval of.
a LFinor lat shall expire if all filing materials are not submitted to the City
HM and if the plat is not filed at
the County within the time periods specified for a lFinal glat.
Section 20.3.17 Development Plats.
A. Authority.
This Section is adopted- pursuant to the Texas Local Government Code, Chapter 212, Subchapter B, and
Sections 212.041 through 212.050, as amended.
B. Purpose.
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Cibolo Unified Development Code
rVlonth XX 2Q1_
:Development plats may be required only to ensure that adequate easements and rights of way will be provided
with respect to land not subject to platting requirements. Site glan approval is required.
C. Applicability.
For purposes of this Section.the term"development" means the new construction of any building or structure of
any nature (residential or nonresidential). "Development" does not include .construction of any building or
improvement.used for agricultural purposes. This Section shall apply to any land lying within the City or within
its,Extraterritorial RJurisdiction, as follows: .
1. The development of any tract of land which has not been platted or re-platted prior to the effective date of
this UDC, unless expressly exempted herein;
2. The-development of any tract of land for which the property owner claims an exemption from the City's
Subdivision Regulations of this UDC, including requirements to.re-plat, which exemption is not expressly
provided for in such regulations;
3. The development of any tract of land for which the only access is a private easement or street; or
4. The division of any.tract of land resulting in parcels or lots each of which is greater than five-acres in size,
and where no public improvement is proposed to be dedicated or constructed.
D. Exceptions.
No development plat shall be required where:
1. the tract to be developed has received Einal glat or Meplat approval or was created prior to the effective
date of this Ordinance; or
2. a subdivision plat is also required under the ordinances of the City. The I-N aneing and Zonis
ROOM MI, may from time to time exempt other development or land divisions from the requirements of
this Section.
E. Prohibition on development.
No development shall commence, nor shall any building permit, utility connection permit, electrical connection
permit or similar permit be issued for any development or .land division subject to this .Section, until a
development plat has been reviewed and approved by the L *ommissio or Gity Planner if a®inor Elat,
and filed of record at the applicable County.
F. Standards of approval.
The development Elat shall not be approved until the following standards have been satisfied:
1. The proposed development conforms to the Comprehensive Master Plan's rules and ordinances of the City
concerning its current and future streets, sidewalks, alleys, and public utilities facilities;
2. Public dedications to serve the development have been tendered; and
3. The proposed development conforms to the general plan, rules and ordinance of the City that are related
to development of a land parcel not otherwise subject to the City's platting requirements.
G. Conditions.
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Gbolo Unified Development Code
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The City Planner, in the case of a MinorOlat
at,or otherwise the ommission, may impose such conditions
on the.approval of the Development as are necessary to ' nsUre compliance with the standards in
subsection above.
H. Approval.procedure.
The application for a Development Plat shall be submitted to the City in the same manner as a%ir
al lat and.
shall be approved, conditionally approved, or denied b the Commission or.the City Planner, if aino%lat, in
a similar manner as a Dinal Iat. Upon approval, the evelopmentPlat
lat shall be filed at the County in the same
manner as prescribed fora Pinal Plat. Approval of a evelopment shall expire if all filing materials are not
submitted to the City, and if the plat is not filed at the County within the time periods specified for a Pinal Plat.
I. Applicants must submit all ®evelo ment lat application materials to the.City for review in the-Same form and
manner as for a inal lat,
or the application shall be.deemed incomplete.
onr,fnr P1 113
113, Purpes
r the oses of the IJIDG er i-a., ..
lesignated on the zening
the distFiGt
, regulations preSGribed by the ZGRiRq requiFerneRts " .
land,:)IanRed Unit Development may, inGli itle R rombinatip—n efd—iffereRt dwelling types andler a vaFiety of 1
mpl; WhiGh Greatively GOmplement eaGh other and harrnGnize wi h existing, and proposed land uses in thE
ll pl-
.Gemprehen -
, -
nd prGvide fGF VaFiety in the development pattern of the Qty whiGh Genfor
with the purposes of the GempFehensive Master Plan, the GOURG" is-empGweFed te approve Planned I Inil
Development subddvisien
Development subdivis"
It is the tent n'cTT-vf this-A
eously with the review Gf a Planned- Undt Development plan under the_Zoninq regWations of this
'hey may be ppFGved by th
he submitted,the Gqt -Makes the fellGWjRq fiRdiRq
-Y GounGil
I—e-Kehensive Master P!
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Cibolo Unified Development Code
�Vlbnth XX,201
1b., That the
0S2E{Iflafe
�+t the stII .s of populationdensity,isi}�
• ltir s
di-t-Fir.tes hetaveen struGture_��Fpehle open onnne and off-street narking any nd eff stir'
oadirig h-thatthe,-c�, de.vpme4tw ll RGt gerlerraato --_ro#rffin-than the s., °
nnera=,�rth_aGen-rite. nrnotisinns for light- ��r,.. ,—ri�inula�_ar�d- tr the development.is
4 fenilitiec am ral-to or hottpr. than uir�rements G f tth�cJ_lol
- es.ons R44)f4hc.�rcvariae-.ty of land uses.in the devolonman_r,r
Rt eaG . other and will haFrn0Rjze 4-ex4stl
Section 20.3.1 Standard Plat Language, Notes, Bonds and Acceptance Forms
When submitting any plat,.bond, acceptance form or any other legal.instrument required by this Article of the.UDC,
the standardized language, notes and forms provided in Section 00.. .of this Article shall be utilized,when and
where applicable.
Section 20.4. Legal Remedies.
Section 20.4.1 City.Attorney's Enforcement Authority.
On behalf of the City, the City Attorney shall, upon approval of the Council, institute appropriate action in a court of
competent jurisdiction.to enforcethe provisions of this Article,for,,the standards referred to in this Article with respect
to any violation thereof which.occurs within the City or within the Hxtraterritorial &risdiction of the City as such
jurisdiction is determined under state law, or within any area subject to all or a part of the provisions of the UDC, in
accordance with.Article 1, Section 1.11 of this UDC.
Section 20.4.2 Vested Rights Petition.
A. Interpretation, Conflict,Separability and Vested Rights.
For purposes of determining a vested rights petition, no vested rights accrue solely from the filing of an
application that has expired pursuant to this section, or from the filing of a complete application that is
subsequently denied.
1. Interpretation.
In their interpretation and application,_the provisions of these regulations shall be held to be the minimum
requirements for the promotion of the public health, safety and general welfare. These regulations shall be
construed broadly to promote the purposes:for which they are adopted;
2. Conflict with other laws.
These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or:
regulation, statute or other provision of law except as provided in these regulations. Where any provisions
of these regulations impose restrictions different from those imposed by any other provision of these
regulations, or other provision of law, the provision which is more restrictive or imposes higher standards
shall control;
3. Determination of vested rights.
Vested rights shall be determined through the filing and processing of a Vested Rights Petition.
394
Cibolo Unified Development Code
JVlonih XX,20&
B. Vested Rights Petition.
1. A qualified party shall be required to file a vested -rights petition to determine whether one or more
standards of these -subdivision and ,property development regulations should not be- applied to a
preliminary or final plat application by operation of state. law, or whether certain plats are subject to
expiration;
2. Applicability. .
A vested.rights petition may be filed with an application for a preliminary or Sinal Slat application.A vested
right petition also may be filed to prevent expiration of certain plats pursuant to this chapter;
3. Effect.
Upon granting of a vested rights petition in whole or in part, the plat application shall be decided in
accordance with the standards specified in.the relief order based on prior subdivision requirements or
development standards, or the approved plat otherwise subject to expiration shall be extended.
C. Petition Requirements.
1. A vested rights petition may be fled by a property owner or the owner's authorized agents, including the
-applicant,with a Preliminary or Final Slat application, or by the holder of a plat subject to expiration pursuant
to this Article.
2. Form of petition. The vested rights petition shall allege that the petitioner has a vested right for some or all
of the land subject to the plat application under Texas Local Government Code, chapter 245 or successor
statute, or pursuant to Texas Local Government Code, section 43.002 or successor statute, that requires
the City to review and decide the application under standards,in effect prior to the effective date of the
currently applicable standards. The petition shall include the following information and.documents:
a. A narrative description of the grounds for the petition;
b. A copy of each approved or pending development application which is the basis for the contention that
the City may not apply currentstandards to the plat.application which is the subject of the petition;
c. The date of submittal of the plat application, or of a development plan pursuant to which the plat was
subsequently filed, if different from the official filing date established under this section;
d. The plat application date;
e. Identification of all applicable standards to the plat application-from which relief is sought;
f. Identification of the standards which a petitioner contends applies to the plat application;
g. Identification of any current standards which petitioner agrees can be applied to the plat application at
issue;
h. A copy of any prior vested rights determination by the City involving the same land; and
i. Where the petitioner alleges that a plat subject to expiration under this Article should not be terminated,
a description of the events, including any plat or other development applications on file that should
prevent such termination.
3. Time for filing petition.:A vested.rights petition shall be filed with a plat application for which a vested right,
is claimed, except that the petition may be filed before the date of expiration of a plat subject to expiration
as provided herein.
D. Processing of Petition and Decision
1. Responsible official. The responsible official shall process the vested rights petition. A copy of the petition
shall be forwarded to the City Attorney following acceptance.
395
Cibolo Unified Development Code
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2. Decision by Commission and Council. On petition, the Planning and Zoning Commission and City Council
shall render a decision on the vested rights petition in conjunction with its decision on the plat application,
based upon the report and recommendation of the responsible official.
3. Appeal of decision on petition. The petitioner or any interested person may appeal the Commission's
decision on the vested rights petition within ten (10) Usines days of the date of such decision to the City
Council.An appeal under this subsection stays acceptance of filing of any related development applications.
4. . Decision b Cit Council. The Ci Council on appeal shall decide the vested rights petition. The request
® be accompanied by a waiver of the time for decision on. the plat
application imposed under these subdivision and property development requlations.pendina decision b
the Council, which_shall sta .further proceedin s on the application
The Council shall decide the petition, after
considering the responsible official's report and the decision by the Planning and Zoning commission within
thirty (30) calendar days of receipt of the notice of appeal.
E. Action on Petition and Order
1. Action on the petition.
The decision-maker on the vested rights petition may take any of the following actions:
a. Deny the.relief requested in the petition, and direct that the plat application shall be reviewed and
decided under currently applicable standards;
b. Grant the relief requested in the petition, and direct that the plat application shall be reviewed and
decided in accordance with the standards contained in identified prior subdivision and property
development regulations;
c. Grant the relief requested impart, and direct that certain identified current standards shall be applied to
the plat application,while standards contained in identified prior subdivision and property development
regulations also shall be applied; or
d. For petitions filed pursuant to this chapter, determine whether the approved plat should be terminated,
or specify the expiration date or the'conditions of expiration for such plat.
2. Order.on petition.
The responsible official's report and each decision on the vested rights petition shall be memorialized in an
order identifying the following:
a. .The nature of the relief granted, if any;
b. The approved or filed plat application(s) or other development application(s) upon which relief is
premised under the petition;
c. Current standards which shall apply to the plat application for which relief is sought;
d. Prior standards which shall apply to the plat application for-which relief is sought, including any
procedural standards;
e. The statutory exception or other grounds upon which relief is denied in whole or in part on petition; and
f. For petitions filed pursuant to this chapter, determine whether the approved plat should be terminated,
and specify the expiration date or the conditions of expiration for the plat.
F. Criteria for Approval
The decision-maker shall decide the vested rights petition based upon the following factors:
1. The nature and extent of prior plat or other development applications filed or approved for the.land subject
to the petition;
2. Whether any prior vested rights determinations have been made with:respect to the property subject to the
petition;
396
Cibolo Unified Development Code
onthXX 201
3. Whether any prior approved applications for the property have expired or.have been terminated in
accordance with law;
4. Whether any statutory. exception applies to the standards in- the current subdivision and property-
development regulations from which.the applicant seeks relief;
5. Whether any prior approved plat or other development applications relied upon by the, petitioner has
expired; and
6. For petitions filed pursuant to this chapter, whether any of the events preventing expiration have occurred.
G. Application Following Relief Order
Following :the City's final decision on the vested rights petition, the property owner shall conform the plat
application for which relief is-sought to.such decision. If the plat application on file is consistent with the relief
granted on the vested rights;petition, no revisions are necessary. Where proceedings have been stayed on the
plat application pending referral of the vested rights petition to the City Council, proceedings on the application
shall resume after the City Council's decision on the vested rights petition.
H. Expiration
Relief granted on a vested rights petition shall expire on occurrence of one of the following events:
1. The petitioner or property owner fails to submit a required revised plat application consistent with the relief
granted within thirty (30)days of the final decision on the petition;
2. The platapplication for which relief was granted on the vested rights petition is denied under the criteria
made applicable through the relief granted on the petition; or
3. The plat application for which relief was granted on the vested rights petition expires
Section 20.5. Construction Plan Requirements.
Where expressly required by this Article to submit Construction_ Plans, said Construction Plans shall comply with
the M.MM, lo standards. Sections
Section 20.5.1 Compliance with Cibolo Design and Construction Manual..
The Cibolo Design and Construction Manual is hereby adopted by reference as a. part of this UDC. Construction
Plans shall be designed in accordance contained in the Cibolo Design and Construction Manual. Public
improvements shall be constructed in accordance with the Cibolo Design and Construction Manual. Public
improvements shall not be accepted unless the City Engineer affirms that the said improvements'comply with all
aspects of the Cibolo Design and Construction Manual.
Section 20.5.2 Construction Plan Submittal Requirements.
Construction Plan submittal shall include all of the following:
A. TAX CERTIFICATE (1 copy)
Tax certificates must be submitted with all construction plan applications. These may be obtained from the.
Guadalupe County Tax Office and should indicate there are no taxes owed..
B. FEES
Construction-plan review is subject to the,;_ _slh . , _ .'R-ttlk s Cibolo Schedule of Fees.
C. ENGINEER'S SUMMARY LETTER(tw (2) signed/sealed copies and EM(1) Electronic U D Copy)
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No construction plans will be accepted unless accompanied by a summary letter signed and sealed by.the
same registered Texas professional engineer who sealed the construction plans. Summary letters for small
projects do not require an engineer unless slopes or trenches exceed five feet in depth.
The summary letter.should describe the proposed development and might include, but not limited to, the
following:-
1. Acreage,to be developed;
2. Watershed in which project is located;
3. Type of development;
4. Explanation of any proposed project phasing;
5. Methods to be used for handling stormwater runoff, i.e., drainage easements, channels, curb inlets, storm
sewers,-detention, sedimentation and filtration ponds, water quality control methods, etc.; . .
6. Effect the proposed development will have on existing and future drainage systems in the area and on the
natural and.traditional.character of the land and waterways;
7. Address.the applicable sections of the UDC;
8.: Address dam safety and landfill certification requirements; and
9. Include Variance request and a description of the variance and justification, and the applicable ordinance
and section.
D. GEOTECHNICAL REPORT(2 signed/sealed copies/1 Electronic Copy)
Pavement design shall be based on City Design and Construction Manual specifications for street pavement
thickness and design and provide information regarding pavement structural design and other pertinent
engineering design information..Show a legible professional engineer's seal and signature. The City Engineer
has authority to _follow the recommendations of the Geotechnical Report with respect to the provided
engineering design and recommendations when the recommendations of the Geotechnical Report demonstrate
that to do so would be in the general interest of the City and be in accordance with generally accepted
engineering.practices.
E. CONSTRUCTION PLANS.([M(2) signed/sealed copies and 0(1) Electronic 1103 Copy)
Plans shall be submittal onen,ty,,four by thirty�si. (24"x 36") nc sheets. An additional plan set is required if
the project is on a State Highway. The construction plan set shall consist of the following information, in the
following order: .
1. Cover Sheet;
2. Preliminary Plat;
3. Erosion and Sedimentation Controls;
4. Drainage and Utility Layout;
5. Street.Plan and Profile;
6. Drainage Plan and Profile Sheets;
7. Detention, Filtration and/or Sedimentation Ponds; and
8. Construction Details
Construction Plans details shall incorporate all of the Standard Construction Plan Notes specifiedin this UDC,
as may be amended from time to time, and the Cibolo Design and Construction Manual, as maybe amended
from time to time.
Note: Once Construction Plans are approved, three (3) full-size"Approved" sets, one (1) "Approved".half-size .
set of. the signed plans, and a DVD or CD containing .all plans, as Qroperly georeferenced Geographic
Information System (GIS) shapefiles shall be submitted P efore a Pre Construction meetin and Site
'Development Permit can be released. Shapefiles must be projected to the following coordinate system: NAD
1983 State Plane Texas South Central FIPS 4204 Feet. As an alternative, a .DWG (AutoCAD) file may be
accepted, but it must be properly projected to the above-mentioned coordinate system.
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F. TRAFFIC CONTROL PLAN
Two (2) hard copies and (1) electronic copy of a Traffic Control Plan must be included if the construction is
in an existing right-of-way. One (1) additional plan.is required if the project is on a State Highway.
G. PAVEMENT STRIPING PLAN (If applicable)
If pavement,striping is.proposed, two (2) hard copies of a striping plan is required. One (1) additional plan Js
required if the project is on a State Highway. One (1) electronic copy must also be submitted to Plannin an
=n ineerin staff.,
H. DRAINAGE REPORT
Two (2) hard copies and One (1) Electronic Copy shall be submitted with the application and shall include the
following:
1. Source of flood plain information(calculations where applicable);:
2. Table of,contents with index and tabbed appendices;
3'. Calculations supporting adequacy of existing and proposed on-site channels, storm sewers, and drainage
structures;
4. Calculations supporting adequacy of detention pond size;
5. Calculations for floodplain modifications and cross-sections;
6. Summary assessment of impact on adjacent properties and drainage structures and an.assessment of
impact to habitable structures and properties downstream of the development, as determined by the City
Engineer;
7. Signature and seal'of professional engineer on report;
8. Calculations of existing and.fully developed flows;
MCalculations of off--site flows and .
10. Calculations.of capacity of drainage facilities on adjacent properties affecting hydraulic performance in the
subdivision)
A final report reflecting all changes done during review must be submitted for the project file after all
comments have been addressed.
I. ACKNOWLEDGEMENT FORM CONCERNING SUBDIVISION PLAN NOTE/DEED RESTRICTIONS
The applicant should carefully check these records before signing.the attached Acknowledgment-Form. Plat
notes are shown on the face of the subdivision plat. Plats are available at the City or the Courthouse. Deed
restrictions are recorded at the Courthouse, if you do not have them in your possession.
ACKNOWLEDGMENT FORM CONCERNING
Subdivision Plat Notes, Deed Restrictions or Restrictive Covenants
I, have checked for subdivision plat notes, deed notes.; deed restrictions, restrictive
(Printed name of applicant) covenants and/or UDC.conditions prohibiting certain uses and/or requiring
certain development restrictions i.e. height, access, screening etc. on this property, located at:
(Address/Legal Description or Name/Unit of the Subdivision)
If a conflict should result with the request, I am submitting to the City of Cibolo due to subdivision plat notes,
deed restrictions, or restrictive covenants it will be my responsibility to resolve it. I also acknowledge that I.
understand the implications of use and/or development restrictions that are a result of a subdivision plat
notes, deed restrictions, or restrictive covenants. I understand that if requested, I must provide copies of all
subdivision plat notes, .deed restrictions, or restrictive covenant information which may apply to this
property.
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(Applicant's signature) (Date)
Section 20.5.3 Standard.Construction Plan.Requirements and General Notes
A. COVER SHEET ...
The cover sheet shall include the below information:
1. Subdivision name on cover sheet in '/ inch or larger letters (use same name as on the final plat);.
2. Legal description of property (lots, block, subdivision name);
.3. Name,.iddress and telephone number of owner and engineering firm preparing plans;
4. Name of watershed;
5. Location map showing.the precise location.of the tract(4"x 4" minimum)with north arrow;
6. TxDOT stationing, for streets.intersecting or adjacent to statelmaintained roadways;
7. Tabulation sheet index;
8. Legible professional engineer's seal, signature, license number and'State firm number;,
9. List granted or proposed variances/waivers from the Cibolo Design and Construction Manual and/or the.
Unified Development Code; .
10. The following General Notes:
"Release of this application does. not constitute a verification of all data, information and calculations
supplied by the applicant. The engineer of record is solely responsible for the completeness, accuracy and,
adequacy of their submittal, whether or not the application is reviewed for Code compliance by the City
Engineer."
"All responsibility for:the adequacy of these plans remains with the Engineer who prepared them. In
approving these plans, the City of Cibolo must rely upon the adequacy of the work of the Design Engineer.'.
11. Applicable.City of Cibolo.-General Construction Notes (See Below);.
12. Tabulation of applicable Special-Notes;
13.. Construction Sequencing
.14. Approval Block for the City Engineer; and
15. A revision block showing the-number and date.of each revision
B. APPROVED PRELIMINARY PLAT and PROPOSED FINAL PLAT
Following the cover sheet in the Construction Plan set should be the approved Preliminary.Plat and proposed
Final.Plat.A copy of the recorded Final Plat should be included in the final plan set of the approved lonstruction
dans.
C.. GENERAL CONSTRUCTION NOTES
1. .All construction shall be in accordance with the City Design and Construction Manual and the
Unified Development Code, here after referred to.the UDC. .
2. Approval of these construction plans.-by the.City does not constitute a verification of all data,
information and calculations supplied by the applicant. The Engineer of Record is solely responsible for
..the completeness, accuracy and adequacy of their-submittal whether the application is reviewed for code
compliance by the City Engineer.
3. All responsibility. for the adequac of these plans remains with the engineer who prepared them. In
approving these plans,the City y bs{ must rely on the ade uac of the work of the Engineer.
4. Design lrocedures-are in complete compliance with the City Design and Construction Manual. It
is the responsibility of the engineer to request a waiver from any aspect of these plans that do not comply
with the UDC. .
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5. A minimum of two r2a existing benchmarks tied.to City grid should be shown on the plans. In
addition, two 0 permanent benchmarks per subdivision shall be installed in each subdivision to include
description;location, and elevation and.tie to City standards when possible.
6. Cast bronze survey markers shall be placed in concrete in permanent, accessible locations at the time of
construction. The locations of the markers shall be indicated on the construction plans. A minimum of one
marker shall be placed for each ,ent .(20) acres of the project.
7. Prior to beginning construction, the owner or authorized representative shall convene a Pre-Construction
Conference between the City — , consulting engineer, contractor, and any other affected parties.
Notify the City at least ort -ei h (48) hours prior to the tim (of the conference and 48 hours prior
to the beginning of construction.
8. The contractor shall give the City.'a minimum ort -ei h (48) hours' notice before beginning each
construction phase.
9. Barricades, built to City specifications, shall be constructed on all dead-end streets and as
necessary during construction to maintain job safety. (Streets, etc. may be listed in addition to or instead of
note.)
10. If blasting is planned by the contractor, a blasting.permit must be secured prior to commencement of any
blasting.
11. Any existing pavement, curbs, and/or sidewalks damaged or removed will be repaired by the contractor at
their expense before acceptance of the subdivision.
12. The location of any water and/or wastewater lines shown on the plans must be verified by the Public Works
Department.
13. Use One Call Utility System: Dial 1-800-344-8377, 48 hours efor dig•in•.
14. All storm sewer pipes to be Class III RCP unless noted otherwise.
D. SPECIAL NOTES FOR PLANS WHEN APPLICABLE:
1. The subgrade material.in(name of subdivision)was tested by name of professional soil lab)in(day, month,
and year) and the street section designed according to City Design and Construction Manual.
2. Street sections are to be constructed as-follows:
a. Provide street names, width of R.O.W., or other methods to identify.proposed design of different
pavement thickness. In writing or graphically, describe the street section(s)to be constructed;
b. Manhole frames, covers, and water valve covers will be raised to finished pavement grade at.the
owner's expense by a qualified:contractor with City inspection.All utility adjustments shall be completed
- prior to final paving construction;
c. Crowns of intersecting streets will culminate in forty (40') ee from the intersecting curb Fine unless
otherwise noted. Inlets on the intersecting street shall not be constructed within M,(:401) feet of the
valley gutter, unless otherwise noted;
d. Prior to final Ecceptance of a street outside the City limits, street name signs conforming to County,
standards shall,be installed by developer;
e. Sidewalk requirements (give street.name and location of required sidewalk, i.e., north, south, east, or
west side;
f. A curb lay down is required at.all points where the proposed sidewalk intersects the curb;
g. When using lime stabilization of subgrade, it shall be placed in slurry form;
h: Inside the Mity Limits, sidewalks shall be completed prior to acceptance of any driveway
approaches and /or issuance of a Certificate of Occupancy. When outside the Miry limits, a ,
Letter of Credit may be posted, or other suitable financial arrangements may 'be made to eni sure.
construction of the sidewalks. In either case, sidewalks adjacent to"common areas", parkways,or other
locations on.which no building construction will take place, must be constructed prior to _final
Ecceptance of the subdivision; and
i. A license agreement for landscaping maintenance and irrigation in street R.O.W. shall be executed by
the developer in party with the City prior to final 2cceptance of the subdivision.
E. CONSTRUCTION SEQUENCING (List Process on Construction Plan Set)
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1. Call the Planning and Department (48) hours prior to
beginning any work and schedule a Preconstruction Meeting with the City and all affected utility providers,
the General Contractor, the Developer and the Developer's Engineer;
2. 'Obtain a,Site Development Permit from the Planning and B E=n ineerin Department;
3. Provide the Planning and IDe En ineerin Department with evidence all TCEQ licenses
and requirements are up to date;
4. Install temporary erosion controls and tree'protection fencing prior to any clearing and grubbing..Notify the
City when installed;
5. Rough-cut all required or necessary ponds. Either the permanent outlet structure or a temporary outlet must
be constructed prior to development of any embankment or excavation that leads to ponding conditions.
The outlet system must consist of a low-level outlet and an emergency overflow meeting the requirements
of the UDC. The outlet system shall be protected from erosion and shall be maintained throughout the
course.of construction until final restoration is achieved;
6. Deliver approved rough-cut sheets.-to the City Engineer prior to clearing and grubbing;
7. Rough grade streets. No development of embankment will be permitted at this time;
8. Install all utilities to be located under the proposed pavement orwithin the road right-of-way;.
9. Deliver storm sewer cut sheets to the City Engineer;
10. Begin installation of storm sewer lines. Upon completion, restore as much disturbed area as possible,
particularly channels and large open areas;
11. Deliver final grade cut sheets to the City Engineer;
12. Re-grade streets to sub-grade;
13. Ensure that underground utility crossings are completed. Lay first course base material.on streets.;
14. Install curb and gutter;
15. Lay final base course on all streets;
16. Lay asphalt;
17. Complete final grading and restoration of detention, sedimentation/filtration ponds;
18. Complete permanent erosion control and restoration of site vegetation;
19. Remove and dispose of temporary erosion controls; and
20. Complete any necessary final dress up of areas disturbed.
F. DRAINAGE LAYOUT SHEETS
Show the following on Construction Plans and/or Drainage Report:
1. Drainage layout of subdivision (scale: 1" = 100')with north arrow to top or right of sheet and show limits of
construction as a distinguishable line;
2. Existing adjoining street layout or other property adjacent to project(show adjacent subdivision names);
3. Street names lot and block numbers, and R.O.W. lines;
4. Location of all existing drainage structures on or adjacent to project;
5. Existing contours at two (21)foot minimal intervals Individual drainage areas and upstream drainage areas
based on improvements and final grading (distinguish these,areas by heavy dashed lines);
6. Size in acres, C, I, T, C and Q for 10,125 and 100-year storm event for each specific sub-drainage area..
7. Arrows indicating flow direction for all streets and lots;
8. Summation of Q's at pertinent points(street intersections, inlets, passing inlets, headwalls, channel outfalls,
control outlet structures, etc.);
9. All low and,high points;
10. All street and lot fill areas (usually done by shading);
11. Proposed drainage facilities (including but not limited to the layout of storm sewer with line designation,
size of lines, pond(s) and pond designation, outfalls and Q10, 25 and.100 shown for outfalls.)
12. All existing and proposed drainage easements, as per final plat or by separate instrument,with all recording
information provided;
13. Q 10,25 and Q 100 leaving proposed streets onto surrounding property and Q10, 25 and 100 entering
proposed streets from surrounding property;
14. Existing and proposed 100-year flood plains for all waterways;
15. Minimum building slab elevations for lots on which the 100-year flood plain encroaches (only if elevations
are not shown on approved/released final plat included with plans);
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.16. Provide the following for each drainage area:
a. Runoff Calculations:
T.C. (time of concentration-in minutes), A(drainage area)
110, C10, Q10,125, C25, Q25, 1 100, C100, Q100;
b. For inlet design provide an inlet flow calculation table;
17. For storm sewer design:
a. . T.C.'s, areas;
b. Composite"C"value (if a uniform time of concentration for the system isnot used);
18. Greenspace Preservation and Buffers and related drainage criteria.described in Article. 19.10 shall be
depicted;
19. Clearly showw limits of construction and match lines with.station equations for storm sewer and channel 'tie-
ins'to existing or proposed;
20. Legible.professional engineer's seal, signature, and date of signing;
21. All proposed waivers to City Design.and Construction Manual and other policies; and
22. Include signature block on right hand side of all inside sheets.
G. STREET PLAN AND STREET PROFILE SHEETS
treet lams must show the followim
1. The street name and sheet number in the right corners;
2. North arrow to top and right of sheets;
3. Stationing south to north or west to east with street layout directly over the profile stationing;
4. Scale: 1" =20', or 11"=40' for very large projects;
5. R.O.W..and paving dimensions (face to face of curb);
6. Lot,numbers, block numbers and frontage dimensions(dimensions required only if approved/released®incl
flat is not included with the review plans);
7. Street names within respective R.O.W;
8. Existing or proposed easements (w/recording information).and intersecting R.O.W;
9. Sidewalks and assignments as per City sl and Minal glat requirements;
10. Centerline"TIC" marks,.every aft .(501)feet;
11. Drainage facilities within or intersecting ROW and indicate stationing on both sides,of inlets(show inlet type
and label storm sewer lines, i.e. LINE"A", M.H., etc.);
12. Existing drainage facilities (w/pipe sizes and material indicated) as dashed lines;
13. Drainage flow arrows, high and low points;
14. Match lines on street plan sheets and storm sewer plans for continuation of streets on other sheets;
-15. As a minimum, a M(50') oo extension of proposed streets and show proposed tie-in to existing streets;
16. Sheet numbers for intersecting streets, show full intersection, provide dimensions and street names;
17. Stations equation along.CL (centerline) intersections of streets;
18. Barricades if required; .
.19. Plan view must transpose directly above profile stationing when possible(otherwise, center the midpoint of
the.curve on the sheet) (limits shown on the plan view must be the same as the limits shown on the profile); ,
20. Labeled asphalt valley gutter or concrete valley gutter (required if% grade <1.2%) at intersections where
appropriate;
21. Clearly show the beginning and ending of project;
22. Limits of gutter depression by shading and showing stationing or dimensioning;
23. Clearly show all PC, PT, CC, or PRC stations;
24. All fill areas;
25. Horizontal curves conforming to the most recent City Street Standards; and
26. Legible professional engineer's seal, signature, and date of signing
Street profiles must show the following:
1. Legend and scale (scale: H: V =20' and V: V2
2. Heavyweight lines at every on,ghundre M (100') ee station;
3. Heavyweight lines at every two (2)f0t vertical elevation line;
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4. Even elevation in right and left margins;
5. Street profile .for minimum of •ne hundretl rand fift (1501) feet beyond end.of project, including property
lines and proposed future grade and/or existing street grade;
6. Existing centerline,.left and right R.O.W. profiles;
7. Proposed centerline profiles a minimum of two-line widths to stand out from other profile lines
8. Proposed TC elevations_(clearly identify right and left for curb splits);
9. Identify and.provide elevations at all PC, PT, PRC, PCC, PVC, PVI, or PVT stations by.circle or heavy dot;.
10. Vertical curves with the following information: curve length, PVI stations and elevation, tangent intercept,
tangents and tangent grades (show elevations every ,ent -fiv (25)feet maximum along vertical curves;
11. Curb returns PC, MID PT, PT, with tangent and grade past point of return;
12. Elevations everyift (A(2%)
feet(i:e. +00 and +50) along the street profile;
13. Maximum curb split of erten 30' street= 0.60', 44' street= 0.88') if applicable;
14. Vertical curves conforming to latest City Design and Construction Standards;
15. Submit letter of understanding for street lighting in sag curves and confirmation of availability of fixed source
lighting when.applicable; and
16. Show clear site triangle at all subdivision entrances as required by Article 18 1 of this UDC.
H: DRAINAGE PLAN
Show the following on Construction Plans and/or Drainage Report:
1. Show contours, drainage features and street layout and name, lot layout and lot and block numbers(where
storm drainage occurs);.
2. Indicate:limits of •ne hundre• (100) year flood plain for fully developed upstream conditions and denote
FEMA ne hundre (100) year floodplain if different from the fully developed condition;
3. Drainage easements. Indicate recording information. (Show recording number or if by plat, indicate "by
Plat");
4. Storm drainage facilities. Label and give sizes (i.e.: line"A-18" RCP, channel "B"-r' FB (Flat bottom), 2-10'
x 6' MBC, etc.;
5. All horizontal PI PC, PT, BEGIN and END stations and pipe and/or channel intersection equations;
6. All inlets, Q at inlets, Q.passing inlets, and flow lines;
7. Pi deflection angle in degrees;
8. North arrow to top or right.of sheet and show scale(scale: 1" = 50");
9. Any storm sewer assignments off R.O.W. or centerline;
10. Channel and/or pipe riprap and type of headwalls (show erosion,control measures (dissipater blocks, rock
riprap, etc.);
11. Beginning, end stations, for erosion control material used for channels (label type of material to be used,
i.e. dry stacked or mortared rock, etc.);
12. Note 100-year overflow swales over pipe system (when used) and provide a typical detail;
13. Open channels with a minimum flat bottom width of six[62 feet
14. Greenspace Preservation and Buffers and related drainage criteria described in Article. 19.10 shall be
depicted;
15. Legible professional engineer's seal and signature;
16. Any waivers to City of Cibolo UDC or other policies; and
17. Include room for.City Engineer stamp or signature block on right hand side of all inside sheets
I. DRAINAGE PROFILE
Show the following on Construction Plans and/or Drainage Report:
1. Scales: horizontal (same as Plan, Vertical, 1/10th of horizontal scale);
2. Stationing proceeding from low end to high end from left to right for channels or storm sewer lines;
3. Existing ground profile at proposed channel locations;
4. Top of bank left and right, and fill areas for channels;
5. All stations and elevations at points of intersecting drainage lines, grade breaks, riprap, drop sections, toe
of splash pads, toe of slope, beginning of slope, and beginning of riprap;
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6. D10, Q10, V10, HGL10, D25, Q25, V25, HGL25, D100, Q100, V100,-HGL100-and Head_ losses (H); for
each segment of channel;
7. Channel bottom width, side slopes, concrete trickle .or pilot channel, height of channel lining if used,. .
maximum and minimum depth of channel, Manning's "n" value used, and typical channels cross-sections
to scale-
8. Clearly show the beginning and end of construction and show stations for channels;
9. Flowline elevation every IM(501):feet maximum (i.e. 0+00, 0+50);
10. T.C. elevations at inlets on storm sewer lines;
11. Grade of flow line (in %), and pipe sizes (label all pipes as RCP/Class-for storm sewer lines);
12. D10, Q10, V10, HGL10, D25, Q25, V25, HGL25, D100, Q100, V100, HGL100 and Head losses (H), and df
(when pipe is flowing full) for storm sewer lines;
13. Stations. and elevations at PI, PC, PT, -grade breaks, intersecting lines, and beginning -and end of
construction for storm sewer lines;
14. All riprap, headwalls, etc. at pipe ends;
15. Full channel section at pipe ends.when appropriate; and
16. Existing and finished ground line and fill areas at pipe centerline for storm sewer lines
J. DETENTION PLAN
Show the following on Construction Plans and/or Drainage Report:
1. Include drainage area map for detention ponds in plans.-
2.
lans;2. Typical cross-section(s) of ponds and section, through the inlet and outlet structures. Show the-10/25/100=
year water surface:elevation grids (WSEL);
3. Indicate:pond bottom and side slopes and ramp slopes and top width of berms;
4. Summary table of supportive calculations for hydrology,:hydraulics, control outlet structures, etc;
5. Stage/Storage/Discharge Table (also indicate 10, 25=and 100-year storm events;
6. Indicate staging area, access drives (including Type II driveway approaches), ramps, gates, fences,
perimeter access strips, signs, setbacks, and setback easements per DCM 1.2.4.E;
7. Construction details (including complete structural details) for the pond improvements;
8. Delineate easements with recording information;
9.. Show all trees and.utilities and other improvements within the pond area;
10..Add dam safety certification to cover sheet when applicable; and
11. Greenspace Preservation and Buffers and related drainage criteria described in Article 19.10 shall be
depicted.
K. WATER QUALITY PLAN
1. Pond plans and appropriate cross sections with existing and proposed grading.
2. Sizing of facility.
3. Stage/storage for each chamber and total.
4. Construction details including City of Cibolo UDC details and criteria.
5. Liner details.(also show protective and planting layer when applicable).
6. Provide complete QA/QC plans for pond liners when required.
7. Irrigation field plans imposed on the tree plan for.re-irrigation ponds.
8. Vegetative bench planting sheet for wet ponds.
9. Intake structure/wet wells and pump details and specs.
10. Greenspace Preservation and Buffers and related drainage criteria described in Article 19.10 shall be
depicted.
L. PAVEMENT STRIPING AND SIGNS PLAN
A.
1. Sheet to be reasonable scale, show curb and gutter, driveways, sidewalks and accessibility routes within
ne hundred and fife (1500)IM of the project:
2. All pavement striping and sign plans shall be in accordance with the Texas Manual of Uniform Traffic Control .
Devices TMUTCD and City S+bsl standards.
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3. Sight distance analysis for stop signs .
4. Stop signs, stop bars in relationship to sidewalk ramps.
5. Assumption of any all way stop or signal locations needs to be supported by-Warrant study as per the Texas
Manual of Uniform.Traffic Control Devices
6. Include warning signs as needed with advisory speed plates.
7. Show speed limit signs in accordance with the-assumed design speeds, with exception.of the local streets
Which should be designed at , ent -,fiv (25) MPH and shall be.posted.
8.. Show any proposed parking restricted areas.
9. Non-standard pavement striping and signs details will need to be approved by the City Engineer.
10. Show street name signs in accordance with all7M Fi f standards:
M. "CONSTRUCTION DETAILS
1., Use City, and Construction Manual for all work'in the Right of Way and Easements.
2.. Show the following:
a. Manhole or junction box detail And
b. Pipe end riprap or headwall details And•
c. Channel lining. And'
d. Construction plans and details for proposed reinforced concrete box culverts, bridges and related
structures may be adaptations of TxDOT standards And
e. Traffic/pedestrian railing-and fencing details, And'
f. Retaining wall construction drawings in accordance with M En standards And;
g. Other details as needed for construction
N. FILL MANGEMENT DETAILS and REPORT
1. Construction plans, reports and analysis demonstrating compliance with the fill requirements of this UDC.
Section 20.6 Standard Plat Language, Notes;Bonds and Acceptance Forms
When submitting any plat, bond, acceptance form or any other legal instrument required by this UDC, the
standardized language, notes:and forms of this section shall be utilized, when and where applicable.
Ownership.Certificate
The purpose of the ownership certificate is to identify the owner and provide the Volume and Page of Deed Records,
verifying the-ownership. When the property owner is a corporation, typically an agent is authorized to sign for the
corporation, using the following format. When one property owner is an individual or several. individuals, the
following format should be used:
STATE OF TEXAS§
COUNTY OF GUADALUPE§
WHEREAS, acting by and.through the undersigned, it's duly
(Name of Corporation)
authorized agent, is the sole owner of a tract of land located in the .
(Survey name and Abstract Number)
City of Cibolo, Guadalupe County, Texas, according to the deed recorded in Volume Page of the
Deed Records of Guadalupe County,Texas; and being more particularly described as follows:
(Legal Description)
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