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HomeMy WebLinkAboutOrdinance 7234ORDINANCE NO. - AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (1964), AS AMENDED, BY ADDING THERETO AN AP- PENDIX H, WHICH APPENDIX SHALL CONSTITUTE THE "SUB- DIVISION ORDINANCE OF THE CITY OF FORT WORTH," BY PROVIDING FOR THE.1NAME AND APPLICATION OF SUCH ORDI- NANCE; PROVIDING FOR MATTERS CONCERNING THE INSTAL- LATION OF PUBLIC IMPROVEMENTS; PROVIDING FOR DEDICA- TIONS AND VACATIONS, PROVIDING FOR VARIANCES AND RECONSIDERATIONS; BY DEFINING AND PROHIBITING THE "ILLEGAL RECORDING OF SUBDIVISION PLATS; PROVIDING FOR THE RECORDING OF NOTICE OF NONCOMPLIANCE; PRO- VIDING FOR REVIEW AND AMENDMENT OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR THE REPEAL OF PROVISIONS IN CONFLICT HEREWITH; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEV- ERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; AUTHOR- IZING PUBLICATION IN PAMPHLET FORM; DIRECTING PUBLI- CATION OF THE CAPTION AND PENALTY CLAUSE; DIRECTING THE ENGROSSMENT AND ENROLLMENT OF THE CAPTION AND PENALTY CLAUSE AND THE FILING OF THIS ORDINANCE; AND NAMING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Fort Worth deems it necessary: to facilitate the adequate provision of transpor- tation, water, sewerage, schools, parks and other public require- ments; to make the community as attractive and habitable-as pos- sible; to conserve the value of property and encourage the most appropriate use of land, all in accordance with a comprehensive plan; to lessen congestion on streets;-to secure safety from fire, panic and other dangers; to promote health, safety, morals and general welfare; to provide adequate light and air; to pre- vent the overcrowding of land; to avoid undue concentration of population; to protect the natural environment and places of his- torical value, and to promote safe, orderly and healthful devel- opment of land; and WHEREAS, the subdivision of land and the regulation there- of directly affects the implementation of such policies; and WHEREAS, a public hearing concerning such regulation has heretofore been held; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the Code of the City of Fort Worth (1964), as amended, is hereby further amended by the addition thereto of a new ap- pendix which shall be designated as Appendix H, which appendix, after having been so added, shall be and shall read as follows: "APPENDIX H "SUBDIVISION ORDINANCE "ARTICLE I "GENERAL "100.000 PURPOSES "This ordinance applies to tracts of land within the corporate limits of the City of Fort Worth and its extrater- ritorial jurisdictional area and is designed, intended and is to be administered in a manner to: not contravene the provi- sions of the Zoning ordinance of the City of Fort Worth; im- plement the Comprehensive Plan; promote uniformity of the ap- plication of development-related regulations, policies, ordi- nances; discourage urban sprawl and prevent neighborhood de- terioration; realistically and harmoniously relate new devel- opment of proximate tracts; provide for the establishment of necessary improvements, design standards and public spaces re- quired for proper subdivision development; provide for the es- tablishment of an equitable and expeditious review of plats; promote quality, flexibility and innovation in tract design, while assuring the safe, orderly and healthful development of land, and establish adequate and accurate records of land subdivision. "101.000 SHORT TITLE "This ordinance is known and may be cited as the 'Subdi- vision ordinance of the City of Fort Worth, Texas.' "102.000 APPLICATION--JURISDICTION "102.100 Plats and Approval Thereof Required. Every owner of any tract of land situated within the corporate limits, or within the extraterritorial jurisdiction of the City of Fort Worth, who may hereafter divide the same in two or more parts (by lots, by metes and bounds or by any other method of subdivision or conveyance) for the pur- pose of laying out any subdivision of any tract of land so situated or any addition to the City of Fort Worth; or for laying out any suburban lots or building lots, or any lots, and streets, alleys or parks or other portions intended for public use, or the use of purchasers or owners of lots fronting thereon or adjacent thereto, shall cause a plat to be made thereof which shall accurately describe all of the same with respect to an original corner of the original survey of which it is a part of by equivalent means, giving the dimensions thereof of said subdivision or addition, and dimensions of all streets, alleys, squares, parks or other portions of same intended to be dedicated to public use, or for the use of purchasers or owners of lots fronting thereon or adjacent thereto, and shall, in addition, con- tain all that information and be approved as required by this ordinance and by rule or regulation of the City Plan Commission; provided, however, that no plat of any subdi- vision of any tract of land so situated or any addition to the City of Fort Worth or within its extraterritorial juris- diction shall be recorded unless the same shall contain all of that information and be approved as required by this ordinance and shall accurately describe all of said plat, subdivision or addition by metes and bounds and locate the same with respect to an original corner of the original survey of which it is a part or by equivalent means, giving the dimensions thereof of said subdivision or addition, and -3- dimensions of all streets, alleys, squares, parks or other portions of same intended to be dedicated to pub- lic use or for the use of purchasers or owners of lots fronting thereon or adjacent thereto. Every owner of any lot not recorded as a part of a subdivision as re- quired by this ordinance composed of a lot, or a lot and a fractional part of any adjoining lot, or the fractional part of two adjoining lots, situated within the corporate limits of the City -of Fort Worth, who hereafter applies for a building permit for any structure on said lot so composed, shall cause a plat to be made thereof which shall contain all of that information and be approved and duly recorded as required by this ordinance and by- rule or regulation of the City Plan Commission. "103.000 ADMINISTRATION "103.100 Commission Powers. Acknowledgment is hereby made of the -prior creation, establishment and enumeration (by Charter and ordinances of the City of Fort Worth) of certain powers and responsibilities of the City -Plan Com- mission, hereinafter referred to as 'Commission.' Such Commission shall exercise all of the powers of approval or disapproval of plats and vacations of plats, as here- tofore provided by state statute, City Charter, prior ordinances and as provided herein. Within the purview of such authority, the Commission may adopt rules and regulations concerning platting procedures, requirements and development standards. "103.200 Commission Duty. It shall be the duty of the Commission to endorse approval upon any plat submitted to it, if same conforms to the Comprehensive Plan of the City of Fort Worth and its streets, alleys, public transporta- tion facilities, bikeways and walkways, parks, playgrounds, schools and other, public facilities, including those which have been or may be laid out, and to the Comprehensive Plan for the extension of the City of Fort Worth and of its roads, streets, public highways, public transportation Tacilities, bikeways and walkways within the City of Fort Worth and within its extraterritorial jurisdiction, regard being made for access to and extension of sewer and water mains, storm drainage facilities and the instrumentalities of public utilities and if same shall conform to the provisions of this ordinance and rules and regulations of such Commission. MOU "103.300 Development Review Committee. The Development Review Committee is hereby established to,assist the Commission as it may direct. Such Committee shall be composed of regular and spe- cial members: regular members shall represent the departments and agencies of City- government directly and customarily involved in the processing and review of subdivision plats and other re- lated development plans; special members shall represent depart- ments and agencies occasionally involved in specialized aspects of subdivision development. "103.400 Authority of the Director of the Department of Public Works. The Director of the Department of Public Works is hereby authorized, subject to the approval of the City Manager and/or his designated representative, to promulgate, amend and enforce rules, regulations, standards or specifications for the construc- tion, installation and engineering design of streets, curbs, gut- ters, watercourses, planting strip easements, sidewalks, bicycle/ pedestrian ways, culverts, bridges, planting screens, monuments, criteria for drainage easement requirements, drainage facilities and crosswalk ways, including those related provisions contained in the Installation of Community Facilities Manual. Any such rule, regulation, standard or specification and/or amendment thereof shall be deemed to be it full force and effect upon the filing of three (3) copies of same in the office of the City Secretary, pro- vided that there preceded substantial compliance with the follow- ing procedure: the City Plan Commission and representative parties of particular industries or professions primarily concerned were provided written notice of any such proposed rule, regiilation, standard or specification and/or amendment thereof and were per- mitted to submit written objections thereto within thirty (30) days of the mailing of such notice; and further provided that prior to such filing, the City Council is advised of any such proposed rule, regulation, standard or specification and/or amendment thereto. No such rules, regulations, standards and specifications shall con- flict with this or any other ordinance of the City of Fort Worth. All such improvements shall be constructed, installed, designed, located and arranged by the owner or subdivider in accordance with such rules, regulations, standards and specifications. "103.500 Authority of the Director of the Water Department. The Director of the Water Department is hereby authorized, subject to the approval of the City* Manager and/or his designated representa- tive, to promulgate, amend and enforce rules, regulations, stand- ards and specifications for the construction, installation, design, location and arrangement of the City water and sewage works system collection and distribution mains, including those related provisions -5- contained in the Installation of Community Facilities Manual. Any -such rule, regulation, standard or specification and/or amendment thereof shall be deemed to be in full force and ef- fect upon the filing of three (3) copies of same in the office of the City Secretary, provided that there preceded substantial compliance with the following procedure: the City -Plan Commis- sion and representative parties of particular industries or pro- fessions primarily concerned were provided written notice of any such proposed rule, regulation, standard or specification and/or amendment thereof and were permitted to submit written objections thereto within thirty (30) days of the mailing of such notice; and further provided that prior to such filing, the City Council is advised of any such proposed rule, regulation, standard or specification and/or amendment thereto. No such rules, regula- tions, standards and specifications shall conflict with this or any -otber ordinance of the City of Fort Worth. All such improve- ments shall be constructed, installed, designed, located and ar- ranged by the owner or subdivider in accordance with such rules, regulations,'standards and specifications. "103.600 Authority of the Director of the Department of Traffic Engineering. The Director of the Department of Traffic Engineer- ing is hereby authorized, subject to the approval of the City Mana- ger and/or his designated representative, to promulgate, amend and enforce rules, regulations, standards and specifications for the construction, installation, design, location and arrangement of City street lighting, commercial curb openings and off-street park- ing, including those related provisions contained in the Installa- tion of Community Facilities Manual. Any such rule, regulation, standard or specification and/or amendment thereof shall be deemed to be in full force and effect upon the filing of three (3) copies of same in the office of the City Secretary, -provided that there preceded substantial compliance with the following procedure: the City Plan Commission and representative parties of particular in- dustries or professions primarily concerned were provided written notice of any such proposed rule, regulation, standard or specifi- cation and/or amendment thereof and were permitted to submit writ- ten objections thereto within thirty (30) days of the mailing of such notice; and further provided that prior to such filing, the City Council is advised of any such proposed rule, regulation, standard or specification and/or amendment thereto. No such rules, regulations, standards and specifications shall conflict with this or any other ordinance of the City of Fort Worth. All such improve- ments shall be constructed, installed, designed, located and ar- ranged by the owner or subdivider in accordance with such rules, regulations, standards and specifications. M-10 "103.700 Autbority,of the Director of the Planning Department. The Director of the Planning Department is hereby authorized, sub- ject to the approval of the City Manager and/or his designated representative and the City Plan Commission, to promulgate, amend and enforce rules of procedure to regulate interdepartmental co- ordination and processing of subdivision plats and other related development plans. Any such rules of procedure and/or amendment thereof shall be deemed to be in full force and effect upon the filing of three (3) copies of same in the office of the City Secre- tary, provided that there preceded substantial compliance with the following procedure: representative parties of particular indus- tries or professions primarily concerned were provided written no- tice of any such proposed rules of procedure and/or amendment thereof and were permitted to submit written objections thereto within thirty (30) days of the mailing of such notice; and further provided that prior to such filing, the City Council is advised of any such proposed rules of procedure and/or amendment thereto. No such rules of procedure shall conflict with this or any other ordi- nance of the City of Fort Worth. "103.800 Authority of Development Coordinator. The Development Coordinator is hereby authorized, subject to the approval of the City Manager and/or his designated representative, to promulgate, amend and enforce policies and regulations in relation to Sections I and II of the Installation of Community Facilities Manual (com- munity facilities policy). Any such policies and regulations and/ or amendment thereof shall be deemed to be in full force and ef- fect upon the filing of three (3) copies of,same in the office of the City Secretary, provided that there preceded substantial com- pliance with the following procedure: the City Plan Commission and representative parties of particular industries or professions pri- marily concerned were -provided written notice of any such proposed policies and regulations and/or amendment thereof and were permitted to submit written objections thereto within thirty (30) days of the mailing of such notice; and further provided that prior to such filing, the City Council is advised of any such proposed policies and regulations and/or amendment thereto. No such policies and regulations shall conflict with this or any other .ordinance of the City of Fort Worth. "103-900 Fee Submittal. Fees in the amount specified by the City Council shall be tendered concurrently with the submittal of any plat. No fee shall be refunded should the applicant fail to pursue the application to final approval or should the plat be disapproved. -7- ,,104.000 IMPROVEMENTS "104.1:00 Contract for Community Facilities (Developer and City). In any subdivision or tract of land where community facilities (to include by way of example, but not of limita- tion, water, sanitary sewer, storm drainage facilities, street lighting or street improvement) are required by this ordinance or by related policy-, rule or regulation, no build- ing permit shall be issued and no work shall be started for the installation of such cQmm-unity facilities unless and un- til the owner or developer has contracted with the City to provide for the installation of such improvements. Such con- tract shall be entered subsequent to approval of adequate subdivision development plans and specifications and prelim- inary subdivision plat. In preparing such contract, the City Manager or his appointee may require the owner or developer to take bids or otherwise obtain and furnish unit prices of such improvements, which prices shall be acceptable to the city. "104.200 Contract for Construction (Developer and Con- tractor). Any contract providing for the actual construc- tion of such community- facilities shall include provisions defining: that period within which required improvements shall be installed; the guarantee against any failure of such improvements due to defective materials and workmanship; performance, payment and maintenance bonds in the amounts and forms prescribed by the City; construction sequence; detours and traffic control; City- inspection policy and procedure; the application of City standards and specifications govern- ing construction; the indemnification, defense and holding harmless of the City for any accidents or claims; and rules for public protection. "Where public funds are to be appropriated and expended for the actual construction of such community facilities, any contract between the owner or developer and contractor pro- viding for such construction shall ' ,be awarded pursuant to the bid procedure prescribed by law and that City- policy con- cerning the installation of such community facilities. "At least two (2) (2) conformed cop the office of the building permit. such contract has ficials. true and correct executed copies and two ies of such contract shall be supplied to City Manager prior to the issuance of any No work shall be commenced unless and until been approved by -tbe appropriate City of- "Should the owner or developer be qualified in accord- ance with that City- policy concerning prequalification of contractors and plan to construct and install any of such improvements with his own forces, then prior to the issuance of any building permit or the commencement of any work, such owner or developer shall enter into an agreement with the City-, which agreement shall include the above specified provisions. "104.300 Utilities. "104.301 Utilities not owned or operated by the City shall be designed and constructed in accordance with design standards and specifications of the appropri- ate utilities franchised to serve the area in which the subdivision is located. Should there be no such standards or specifications, then such utilities shall conform to applicable State and/or City laws or regu- lations. "104.302 All City-owned and operated utilities, in- cluding, but not limited to, water and sanitary sewers, shall be designed and constructed in accordance with City design standards and specifications. "104.303 Sanitary Sewers "A sanitary sewerage collection system shall be in- stalled to serve each lot in every subdivision. In subdivisions where connection cannot be made to a com- munity disposal system or a public sewerage system concurrently with development, septic tanks may be installed on an interim basis until such connection can be made. The use of septic systems shall be pro- hibited without specific written approval of the Health Department of the City -of Fort Worth, County and State Health Departments and shall be subject to any and all conditions of such written approval. "104.304 Water Lines "Water lines adequate for domestic supply and for fire protection needs shall be installed to serve each lot, or tract, in every subdivision in accord- ance with City design standards and specifications. No water main or appurtenance thereto not in complete conformance with City design standards and specifi- cations shall be permitted. -9- "104.305 Maintenance by Other Than a Public Agency "Where any subdivision contains or will contain sani- tary sewers, sewage treatment plants, water supply systems or other community facilities necessary or desirable for the welfare of the area or that are of a common use or benefit and which are not to be main- tained by an existing public agency, provision shall be made for an entity acceptable to the City of Fort Worth to exercise jurisdiction over the location, con- struction and operation of such facilities and to as- sume responsibility for the proper continuous operation, maintenance and supervision of such facilities. "104.400 Paving and Drainage Facilities. "104.401 All streets, alleys and other improvements within the public right -of way shall be designed, constructed and paved in accordance with City design standards and specifications. "104.402 All drainage facilities shall be designed and constructed in accordance with City design stand- ards and specifications. "104.500 Supervision and Inspection of Construction. All improvements shall be inspected by the appropriate officials to determine compliance with all applicable laws, ordinances, rules and regulations of the City pertaining to such improve- ments. Upon satisfactory completion of the project and such compliance, the Development Coordinator shall issue a letter of acceptance of the project. "104.600 Financing and Installation. The owner or devel- oper shall make appropriate arrangements with the City and/ or utility companies for the division, if any, of construc- tion costs of streets and alleys, utility lines and other public improvements. Underground utilities to be located in those portions of streets intended for vehicular traffic shall be installed before such streets shall be surfaced.. -10- No lot shall be occupied and no municipal shall be extended thereto unless and until fied utilities and improvements have been and connected as required. "105.000 WITHHOLDING OF CLEARANCES AND PERMITS services the speci- constructed "105.100 Precedent to the issuance of building permits, the owner or developer shall comply with all provisions of Sections 104.100 and 104.200. "105.200 Upon the request of any department director responsible for the enforcement of the provisions of this ordinance and/or related policies, rules, regula- tions, standards or specifications, the Building official may withhold building permits or final clearances until the required public improvements are installed in ac- cordance with such provisions. "105.300 No occupancy permit shall be issued for any structure or building on any lot and no structure or building on any lot shall be occupied unless and until all required public improvements have been accepted by the City of Fort Worth and such improvements have been installed, connected and are functioning properly. "106.000 COMPLETION OF IMPROVEMENTS "Where good cause exists, the director, or directors, of the department or departments having jurisdiction over said improvements may extend any specified period for completion of such public improvements. Any such extension shall not exceed one (1) year. -11- "ARTICLE II "DEDICATIONS AND VACATIONS "200.000 ACCEPTANCE, REFUSAL OF PROPOSED DEDICATIONS "200.100 Approval Not Acceptance of Proposed Dedication. Approval of any plat by the Commission shall not be deemed an acceptance of any proposed dedication and shall not im- pose any duty upon the City concerning the maintenance or improvement of any such dedication until the proper authori- ties of the City have made actual appropriation of the same by entry, use or improvement. "200.200 Refusal of Proposed Dedication. If any plat is disapproved by the Commission, such disapproval shall be deemed a refusal by*the City of the offered dedication shown thereon. "201.000 VACATION OF DEDICATION "All dedications to the City of Fort Worth, to include by way of illustration but not of limitation streets, alleys, rights - of -way, easements, park lands, shall be vacated only by written application to the Commission, review of same by those agencies or departments designated by the Commission, Commission approval or conditional approval and City Council approval or conditional approval by ordinance adoption. "ARTICLE III "VARIANCES AND RECONSIDERATIONS "300.000 VARIANCES "300.100 Findings Required. The Commission may, following written request by an applicant detailing justification therefor, authorize a variance from the application of the provisions of this ordinance when, in the Commission's opin- ion, undue hardship will result from requiring strict com- pliance therewith. Pecuniary hardship, alone, to the appli- cant shall not be deemed to constitute undue hardship. In making the findings bereinbelow required, Commission consid- erations shall include the general purpose and intent of this ordinance, the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons -12- who will reside or work in the proposed subdivision and the probable effect of said variance upon traffic condi- tions. No variance shall be granted unless the Commission finds: "300.101 That there are special circumstances or con- ditions affecting the land involved such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of his land and that such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; and "300.102 That the effect of granting such variance will neither be detrimental to the public health, safe- ty, convenience, welfare nor injurious to other prop- erty; and "300.103 That the effect of granting of such variance will not prevent the orderly use or development of other tracts of land. "300.200 Findings, Entered in Minutes. Such findings, to- gether with the specific facts upon which said findings are based, shall be entered as part of the official minutes of the Commission meeting at which such variance is granted. "301.000 RECONSIDERATION "Applicants or any person directly affected by a final deci- sion of the Commission concerning any plat to be filed of record may initiate within ten (10) days after the date of the decision appealed a request for reconsideration as per Commission rules and regulations. -13- "ARTICLE IV "VIOLATIONS "No party shall file for record or have recorded in the official records of any county any map or plat of a subdivision of real estate without first having secured approval thereof as provided by this ordinance. No party so subdividing any real estate shall employ or refer to any description of a subdivision in any deed or conveyance or contract of sale unless and until the map or plat of such subdivision has been so approved and such map or plat has been filed for record with the clerk of each county in which such real estate is situated. '1401.000 NOTICE OF NONCOMPLIANCE "For any subdivision existing for which a plat to be filed for record has not been approved or which fails to meet the stand- ards contained or referred to herein, the Commission may adopt a resolution concerning such failure or lack of approval and indi- cating that same is a violation of the provisions of this ordi- nance. The Commission may cause a certified copy of such resolu- tion to be filed in the Deed Records of the county or counties in which said subdivision or part thereof lies. If compliance and approval are secured following the filing of said resolution, the Commission shall file in the Deed Records of such county *,­or counties an instrument which, in effect, rescinds such earlier filed resolution. "ARTICLE V ME I M z, III) a 151 kno "500.000 AMENDMENT, GENERALLY "500.100 Periodic Review by Commission. The Commission shall periodically review the effectiveness of this ordi- nance in accomplishing the objectives stated herein and those of the Comprehensive Plan. "500.200 Proposal for Amendment. Amendments to this ordi- nance may -be proposed by -the City Council, the Commission or by any interested party." mom SECTION 2. Prosecution and/or conviction pursuant to the provisions of this ordinance shall not constitute a bar to any other remedy or relief for violation of this ordinance, and all pend- ing litigation and existing violations, both civil and criminal, whether pending in court or not, under codes or ordinances of the City of Fort Worth regulating subdivision development and amendments thereto superseded by this ordinance shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 3. This ordinance shall and does hereby amend and/or repeal every prior ordinance or rule or regulation or policy in con- flict herewith, but as to all other ordinances or rules or regulations or policies or sections of ordinances or rules or regulations or policies not in conflict herewith, this ordi- nance shall be and is hereby made cumulative. NBRUMOR � It is bereby -declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall -15- be declared void, ineffective or unconstitutional by the valid judgment or final decree of a court of competent juris- diction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sen- tences, paragraphs and sections hereof, since the same would have been enacted by the City Council without the incorpora- tion herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. Any person, firm, association of persons, company or cor- poration, or their agents, servants or employees, who violate, disobey, omit, neglect or refuse to comply with any provision of this ordinance within the corporate limits of the City of Fort Worth shall be punished by a fine not to exceed two hundred dollars ($200.00), and each day that a violation exists is here- by declared to be a distinct and separate offense and punish- able as such, all as provided for in Section 1-5 of Chapter I of the Code of the City of Fort Worth (1964), as amended. SECTION 6. The City Secretary is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and this ordinance as so published in book or pamphlet form shall be admissible in evidence as provided -16- in Section 3 of Chapter XXVI of the Charter of the City of Fort Worth. SECTION 7. That the City Secretary of the City of Fort Worth is hereby directed to publish the caption and penalty clause of this ordinance for five (5) days in the official newspaper of the City of Fort Worth, as authorized by Article 1176b-1, Revised Civil Statutes of Texas. That the City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copy- ing the caption and penalty clause of same in the minutes of the City Council of Fort Worth and by filing the ordinance in the ordinance records of said City. SECTION 9. This ordinance shall be in full force and effect.tbirty (30) days from and after its passage and publication as re- quired by law, and it is so ordained. -17- CITY PLAN COMMISSION 0 RAT ° % 0 0 0 ° 0 ® °o � ~� o 00 00 oop -k REcEivED� JUN 11 1982 ' City SecfetwY Offla CITY PLAN COMMISSION RULES AND REGULATIONS TABLE OF CONTENTS Page I. ORGANIZATION AND OFFICERS 1 101. Organization 1 102. Officers 1 103. Duties 1 104. Rules of Order 1 II. MEETINGS 2 201. Quorum 2 202. Agenda 2 203. Regular Meetings 2 204. Special Meetings 2 205. Public Meetings 2 206: Order of Business 2 207. Commission's Questions 3 208. Decision 3 209. Reconsideration: Filing of Request 3 210. Reconsideration: Staff Procedure 3 211. Reconsideration: Commission Procedure 3 III. OFFICIAL RECORDS 3 301. Definition: official Records 3 302. Recording of Vote 4 303. Files: Retention 4 304. Public Record 4 IV. APPLICATIONS 4 401. Written Request Required 4 402. Filing Deadline 4 403. Notice 4 404. Submission of Supporting Information 5 405. Withdrawal of Proposal 5 406. Right-of-Way Vacation Procedure 5 V. PLAT OR REPLAT SUBMISSION, WITHDRAWAL AND VACATION PROCEDURE 5 501. Submittal, Withdrawal, Vacation - Generally 5 A. Standard Form Subdivision Procedure B. Short Form Subdivision Procedure C. 502. Pr A. B. C. D. Vacation of Plat a-Application Sketches and Conference 7 Pre-Application Referral to Other City Agencies Consultation with Public Utility Companies Approval 503. Area Development Concept Plan 8 A. The Area Development Concept Plan B. Duties of the Planning Department C. Public Review: Action by the Commission D. Decision of the Commission E. Approval 504. Preliminary Plat 9 A. General ii B. Duties of the Planning Department C. Public Review: Action by the Commission D. Decision of the Commission E. Approval of Preliminary Plat F. Revised Preliminary Plat G. Preliminary Engineering Plans 505. Final Plat - Commission Approval A. Applicant's Duties B. Duties of the Planning Department C. Action by the Commission D. Decision of the Commission E. Post Final Plat Approval: Recording 506. Short Form Plat A. Applicant's Duties B. Duties of the Planning Department C. Action by the Commission D. Decision of the Commission E. Post Short Form Plat Approval: Recording VI. PLAT SPECIFICATIONS AND SUPPORTING INSTRUMENTS 601. Area Development Concept Plan A. General 602. Preliminary Plat A. General 603. Final Plat A. General B. Supporting Instruments iii 11 13 15 15 !U. 0U- 604. Location Standards and Monumentation for Final Plat 20 A. Surveyed Subdivision Plat B. Compiled Subdivision Plat VII. DESIGN STANDARDS 22 701. Street Location and Arrangement 22 A. General Requirements B. Street Class Requirements 702. Street Classifications 23 A. Definitions 703. Street Design 24 A. General Provisions 704. Alleys 26 A. General Provisions 705. Easements 26 A. General 706. Blocks 29 707. Lots 30 708. Residential Building Lines 31 709. Land Unsuitable for Subdivision 31 710. Recreation and Public Lands 31 i 711. Unified Residential Development (Planned Unit Development) 32 712. Driveways and Parking 32 A. One and Two Family Residential Driveways B. Multi - Family Residential, Commercial and Industrial Driveways C. Parking D. General iv 713. Natural Tree Cover and Screening Walls 34 VIII. PUBLIC IMPROVEMENTS 34 801. Construction Plans 34 A. City Design Standards and Specifications B. Paving and Drainage Facilities C. Street Lighting D. Site Improvement Data IX. RULES AND AMENDMENTS 37 901. Amendments 37 902. Certified Copy 38 903. Repealing Clause 38 i1j Adopted 10/29/75 CITY PLAN COMMISSION RULES AND REGULATIONS I. ORGANIZATION AND OFFICERS 101. Organization The City Plan Commission shall consist of five regular members and shall be organized and shall exercise such powers as prescribed in the Charter and the Code of the City of Fort Worth. 102. Officers A Chairman and Vice Chairman shall be elected annually from among the Commission's membership at the first meeting in November and at such other times as these offices may become vacant. In the absence of both the Chairman and the Vice Chairman, the Commission shall elect an Act- ing Chairman. The Planning Director, or his designated representative, shall serve the Commission as Executive Secretary. 103. Duties A. The Commission shall diligently advise the City Council on those matters falling within its charged responsibilities in a manner reflecting its concern for the overall development and environment of the City as a setting for human activities. B. The Chairman, or in his absence the Vice Chairman, shall preside at all meetings, shall decide all points of order or procedure, and shall sign all letters of transmittal from the Commission to the City Council. He shall sign all approved subdivision plats in behalf of the City to indicate the Commission's approval of such plats for recording. C. The Executive Secretary shall have full care, custody and control of the minutes and other official records and shall attend to the correspondence of the Commission, and shall cause to be given such notices as are required and in the manner prescribed by statute, ordinance, these rules or the Commission. D. A Recording Secretary, designated by the Planning Director, shall perform such duties as are necessary to prepare accurate and com- plete minutes of the Commission's action under the supervision of the Executive Secretary. 104. Rules of Order Roberts Rules of Order, latest revision, shall be the Commission's final authority on all questions of procedure and parliamentary law not covered by these Rules and Regulations. 1. City Plan Commission Rules and Regulations Adopted 10/29/75 II. MEETINGS A quorum shall consist of three members. 202. Agenda An agenda shall be prepared by the Executive Secretary for each meeting of the Commission. The agenda for regular meetings shall include sub- divisions, requests affecting public rights -of -way, citizens' requests and such other matters as the Commission may direct. The agenda for special meetings shall include primarily those studies and plans deal- ing with the long -range development of the City. There shall be attached to each agenda a report of matters pending further action by the Commis- sion and of disposition by the Executive Secretary. 203. Regular Meetings Regular meetings shall be held on Wednesday following the fourth Monday of each month at 1:30 p.m., At such place as the Commission may direct. 204. Special Meetings Special meetings for any purpose may be held on the call of the Chairman, or on request of two or more members and by giving written notice to all members deposited in the mail at least 48 hours before the meeting, or as may be scheduled by a majority of the Commission at any previous meeting. The time and place of the special meeting shall be determined by the con- vening authority. 205. Public Meetings Meetings on all matters on which a decision of the Commission is required by law shall be open to the public. Any party in interest may appear in his own behalf or be represented by counsel or agent. On request of any party in interest, the Commission will hold its public review of the affected matter in the City Council chamber. The applicant and /or his representative shall be fully prepared to present his case at the Com- mission hearing thereon. In the event the applicant is not present or represented at the public hearing, the Commission shall have the power to postpone or dismiss either at the call of the case or after hearing, and such dismissal shall constitute a denial by the Commission. 206. Order of Business The Chairman shall call the Commission to order and the Executive Secre- tary shall record the members present and absent. The public shall be advised of the procedures to be followed in the meeting. The Executive Secretary shall publicly advise the Commission of any communications 2. City.Plan Commission Rules and Regulations Adopted 10/29/75 received pertaining to any matter before the Commission. Supporting evidence for and against each proposal shall be presented to the Com- mission as the Chairman may direct. No case shall be taken under advisement until all have been heard. 207. Commission's Questions The Chairman shall direct any questions to the applicant or any person speaking in order to bring out all relevant facts, circumstances and conditions affecting the proposal, and shall call for questions from other members of the Commission and from the planning staff before closing the public presentation on each item. 208. Decision After all proposals have been heard, each shall be reviewed and acted upon. During its review the Commission may call in any applicant for further questioning. 209. Reconsideration: Filing of Request Any proposal which has received final action may be reconsidered by the Commission under the conditions listed below. A request to reconsider may be initiated by the applicant or by any person directly affected by the Commission's decision. Such request shall be filed in writing with the Executive Secretary within ten (10) working days after the date of the Commission's decision. 210. Reconsideration: Staff Procedure Upon receipt of a properly filed request to reconsider, the Executive Secretary shall give notice to each member of the Commission, and a transcript of the request shall be distributed to the Commission at the next regularly scheduled meeting. 211. Reconsideration: Commission Procedure Three votes shall be necessary to initiate reconsideration of a previous decision. If reconsideration is refused, the Commission shall enter on the minutes of its meeting the basis of the request, the reasons why it was refused and the vote of the members thereon. III. OFFICIAL RECORDS 301. Definition: Official Records The official records shall be these rules and regulations and the min- utes of the Commission together with all findings, decisions and other official actions. Stenographic notes of the Recording Secretary and the tape recordings of proceedings and discussions shall not constitute any part of the official record of the Commission. 3. City Plan. Commission Rules and Regulations Adopted 10/29/75 i 302. Recording of Vote The minutes of the Commission's proceedings shall show the vote of each member, or if absent or failing to vote,�shall Indicate that fact. 303. Files: Retention All matters coming before the Commission shall be filed in the Planning Department in accordance with. that department's general file system. Original papers of all right-of-way requests, subdivision proposals and annexation matters shall be retained for not less than five years after date of submittal; other studies shall be retained for not less than two years. Thereafter, they may be microfilmed for retention as permanent record along with other special matters as the Executive Secretary deems essential or as the Commission may direct. 304. Public Record The official records, proposed subdivision plans and plats, sight -of -way requests, and other citizen requests filed for Commission action in regu- lar or special meetings, shall be on file in the Planning Department and shall be open to public inspection during customary working hours. IV. APPLICATIONS 401. Written Request Required Every proposal submitted for Commission action shall be made in writing. Where appropriate application forms are provided by the City, such pro - posal shall be filed on said forms, shall be accompanied by all pre- scribed fees, and shall be complete in all respects before being ac- cepted for filing. 402. Filing Deadline Every proposal shall be filed with the Executive Secretary of the Com- mission not later than the Monday 23 days prior to the regular meeting date of the Commission. When the filing deadline falls on a City holi- day, the following workday shall be observed as the filing deadline. 403. Notice Public notice of proposals to vacate a street or alley, or proposals to subdivide lands which do not satisfy the requirements of the Short Form Subdivision Procedure, shall be given to the owners of all abutting properties and to such other persons as the Executive Secretary deter- mines may be affected by the proposal. Such notice shall be sent to the applicant, his agent and, at the minimum, to the owners of all properties 4. City Plan Commission Rules and Regulations Adopted 10/29/75 lying within 200 feet of the property in question as said ownership ap- pears on the last approved City Tax Roll. Notice shall be given in writ- ing deposited in the United States Mail, postage prepaid, not less than 10 days prior to the date of Commission meetings. The notice shall ad- vise that a specific proposal has been submitted for review and that it will be on display at the City Planning Department, Applications Section, where additional information will be available. 404. Submission of Supporting Information Information supporting the grant or denial of any proposal before the Commission shall be submitted only through the Executive Secretary or to the Commission in public meeting. 405. Withdrawal of Proposal When an applicant desires to withdraw any proposed subdivision plan or plat, or request to vacate public right -of -way, he may do so by filing a written request to that effect with the City Planning Department. Such request shall be effective upon the date of its official receipt, provided however, that no such request shall be valid after notices have been mailed; except by action of the City Plan Commission. With- drawal of a proposal at any stage of its processing shall terminate all consideration of it by the City, and the case file thereon shall be closed. 406. Right -of -Way Vacation Procedure A. Only those right -of -way vacation proposals which have met all re- quirements and received a recommendation for approval by the Commission shall be so certified by the Executive Secretary and thereafter transmitted to the City Council for consideration. B. A proposal to vacate an easement which is found to comply with all the requirements of all the reviewing agencies shall be so certi- fied by the Executive Secretary and thereafter transmitted to the City Council for consideration. V. PLAT OR REPLAT SUBMISSION, WITHDRAWAL AND VACATION PROCEDURE 501. Submittal, Withdrawal, Vacation - Generally A. Standard Form Subdivision Procedure The submittal and review of all subdivision plats and replats shall proceed through the following steps in order listed unless herein otherwise provided: Pre - Application Sketches and Conference; Area Development Concept Plans, if required by the Planning Director; 5. City Plan Commission Rules and Regulations Adopted 10/29/75 Preliminary Plat and Commission approval; Final Plat and Commission approval. B. Short Form Subdivision Procedure 1. To facilitate the subdivision plat approval process in those instances where the highly formalized Standard Form approval procedure is obviously not necessary for an understanding of a given development process or the effects and implications thereof, or for the protection of proximate individual inter- ests, or for the protection and guidance of community develop- ment as a whole, the Short Form subdivision plat approval procedure may be utilized in lieu of the Standard Form sub- division plat approval procedure when the following condi- tions have been met: 2. The Short Form Plat and supporting instruments are respec- tively drawn and compiled in compliance with the Final Plat specifications as hereinafter provided. 3. The Short Form Plat and supporting instruments and subdivi- sion they represent are not otherwise in contra - vention with Article 974a, Revised Civil Statutes of Texas. 4. Each block, or lot fronts upon a dedicated street of appro- priate width or an additional width or right -of -way is indi- cated on the plat in order to meet City standards. 5. All easements to each block, or lot have been previously granted or are shown on the plat. 6. The proposed development neither contains nor creates a sig- nificant drainage problem, nor is topography a salient devel- opment consideration. 7. All utilities required to serve each block, or lot are in place or arrangements to provide same have been made with the appropriate agency. 8. If the subject property is not identifiable by reference to a previously recorded subdivision plat and is to be platted as a single tract, the tract shall have a street frontage of not less than sixty (60 ) feet at the building line. C. Vacation of Plat Any recorded plat or any part thereof, or replat or any part thereof, may be vacated by the proprietors of the land covered 6. City Plan Commission Rules and Regulations Adopted 10/29/75 thereby at any time before the sale of any lot therein by a writ- ten 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 Commission shall have been obtained, and the execution and recordation of same shall operate to destroy the force and effect of the recording of the plat or replat so vacated. 502. Pre - Application Sketches and Conference A. Pre - Application The preapplication procedures may include the development of a sketch plat of the proposed subdivision. The sketch plat may be a free -hand drawing superimposed upon a print of a topographic map, or aerial photograph and generally includes the following details: location in relation to rest of the City; boundaries of the proposed subdivision; significant natural features such as rivers, creeks, lakes, hills, woods, etc.; significant man-made features such as railroads, roads, buildings, utilities, etc.; tentative street pattern; proposed land use areas; and existing adjoining development. After the applicant has prepared the sketch plat and has acquired the necessary information, a pre- platting con- ference may be scheduled with the staff. The purpose of this pre - platting conference is to review requirements and work out any necessary details for inclusion in the preliminary plat. The dis- cussion at the pre - platting conference is intended to accommodate the development of land with a minimum time loss and minimize necessary corrections in the preliminary plat procedure. B. Referral to Other City Agencies At the time of the pre - platting conference should a problem arise which directly concerns another City Agency, the Planning Depart- ment shall contact a representative of such agency for its opinion. C. Consultation with Public Utility Companies The applicant shall also consult with the public utility companies in reference to the location of utility lines and easements prior to the preparation of a Preliminary Plat. D. Approval No formal approval of Pre - Application Sketches is required; the applicant may proceed with formal submission of the Preliminary Plat at any time following the conclusion of the Pre - Application Conference. 7. City Plan Commission Rules and Regulations Adopted 10/29/75 503. Area Development Concept Plan A. The Area Development Concept Plan The Area Development Concept Plan will be required when Prelimin- ary Plats are to be presented in stages. It shall include all land under the control of /or owned by the Applicant, and shall be in accordance with the requirements outlined. The number of copies submitted shall be sufficient for distribution to the reviewing authorities. B. Duties of the Planning Department 1. Review the Area Development Concept Plan for completeness, noting application of design principles and standards giving special attention to the items such as: the relationship of proposed traff icways to existing neighborhood circulation patterns and the Major Thoroughfare Plan; the area required for schools, parks and other public facilities including drainageways and flood plains. 2. Distribute, when appropriate, copies of the Area Development Concept Plan to the following offices for review: City Offices: The City Manager; Departments of: Public Works, Water, Traffic Engineering, Park and Recreation, Tax, Public i' Safety, Health. Public Utilities: Texas Electric Service Company, Southwestern Bell Telephone Company, Lone Star Gas Company. Others: County Planning Department, County Engi- neer, the school district(s) concerned, Tarrant County Water Control and Improvement District No. 1, Texas Highway Depart- ment District Engineer, which in turn shall transmit their respective comments and /or recommendations to the Planning Department as and when prescribed by the Planning Director. 3. Summarize the recommendations of the reviewing offices and present same to the Development Review Committee. 4. Prepare the report of the Development Review Committee and present same to the Commission. C. Public Review: Action by the Commission The Commission shall hold monthly public meetings as provided by the Commission Rules and Regulations to review those Area Develop- ment Concept Plans submitted according to the provisions of the Ordinance and the Commission Rules and Regulations. D. Decision of the Commission The decision of the Commission shall be approval or conditional approval or disapproval of the Area Development Concept Plan. 8. City Plan Commission Rules and Regulations 1. Approval shall constitute authorization to roctvd with the preparation of the Preliminary Plat for the first section of the development. 2. Conditional approval shall constitute approval, as defined above, of an Area Development Concept Plan, but is subject to conformity with prescribed conditions, and it shall con- stitute disapproval until such conditions are met. 3. Disapproval signifies rejection in toto of the Area Develop- ment Concept Plan as submitted. The Commission, following disapproval of the Area Development Concept Plan may permit an applicant to then submit a Revised Area Development Con- cept Plan. E. Approval Approval by the Plan Commission of the Area Development Concept Plan shall permit the presentation of stage Preliminary Plats which are in conformity with said approved Area Development Con- cept Plan and City of Fort Worth Development Policy. Approval or conditional approval of an Area Development Concept Plan is voidable at any time after public hearing by the Commission if a material change of condition warrants. 504. Preliminary Plat A. General The Preliminary Plat shall be required when an extension of City of Fort Worth utilities and /or streets is necessary and shall be drawn to show clearly all data. The Preliminary Plat shall in- clude that portion of the tract that is intended to be planned at one time and shall generally conform to the approved Area Develop- ment Concept Plan if applicable and shall be in accordance with the requirements outlined. The number of copies submitted shall be sufficient for distribution to the reviewing authorities. B. Duties of the Planning Department The Planning Department, having received the Preliminary Plat, shall: 1. Review the Preliminary Plat for completeness, noting appli- cation of design principles and standards giving special attention to the items such as: the relationship of proposed traff icways to existing neighborhood circulation patterns and the Major Thoroughfare Plan; the area required for schools, parks and other public facilities including drainageways and flood plains. 9. City Plan Commission Rules and Regulations Adopted 10/29/75 2. Distribute, when appropriate, copies of the Preliminary Plat to the following offices for review: City Offices: The City Manager; Departments of: Public Works, Water, Traffic Engi- neering, Park and Recreation, Tax, Public Safety, Health. Public Utilities: Texas Electric Service Company, Southwestern Bell Telephone Company, Lone Star Gas Company. Others: County Planning Department, County Engineer, the school district(s) concerned, Tarrant County Water Control and Improvement District No. 1, Texas Highway Department District Engineer, which in turn shall transmit their respective comments and /or recommendations to the Planning Department as and when pre- scribed by the Planning Director. 3. Summarize the recommendations of the reviewing offices and present same to the Development Review Committee. 4. Prepare the report of the Development Review Committee and present same to the Commission. C. Public Review: Action by the Commission The Commission shall hold regular public meetings as provided by the Commission Rules and Regulations to review those Preliminary Plats submitted according to the provisions of the Subdivision Ordinance and the Commission Rules and Regulations. D. Decision of the Commission The decision of the Commission shall be approval or conditional approval or disapproval of the Preliminary Plat. 1. Approval shall not constitute acceptance of the subdivision, but is only authorization to proceed with the preparation of engineering plans and a Final Plat. 2. Conditional approval shall constitute approval, as defined above, of a Preliminary Plat subject to conformity with pre- scribed conditions, but shall constitute disapproval until such conditions are met. 3. Disapproval signifies rejection in toto of the Preliminary Plat as submitted. The Commission, following Preliminary Plat disapproval, may permit an applicant to then submit a Revised Preliminary Plat or the applicant may choose to re- institute the subdivision approval procedure. E. Approval of Preliminary Plat Approval by the Plan Commission shall permit the presentation of a Final Plat at a time which is most advantageous to the applicant and shall insure City approval of a Final Plat that is in conformity with said approved Preliminary Plat and City of Fort Worth Develop - went Policy. Approval or conditional approval of a Preliminary 10. City Plan Commission Rules and Regulations Adopted 10/29/75 Plat is voidable at any time after public hearing by the Commission if a material change of condition warrants. F. Revised Preliminary Plat The Commission may require the applicant to submit a Revised Pre- liminary Plat to the Planning Department for its files when sub- stantial modifications are required by the Commission relative to the street layout, block design or land use patterns of the orig- inal preliminary, or when a large number of changes are required in the engineering details. No Final Plat shall be accepted for processing until the Revised Preliminary Plat has been submitted and checked by the Planning Department for compliance with the Commission's stipulations. G. Preliminary Engineering Plans Simultaneously with the submittal of the Preliminary Plat, adequate engineering data and drawings shall be submitted for review by the Director of Public Works and the Director of the Water Department, and other reviewing authorities. This data shall convey sufficient engineering information and data so that the following can be determined: adequately sized easements at appropriate locations; adequate storm drain structures, appropriately located; adequately sized sanitary sewers, appropriately located; and adequately sized water lines, appropriately located. Approval of the Final Plat shall be conditioned upon approval of the Preliminary Engineering Data. This data must contain adequate information necessary for the reviewing departments to ascertain the adequacy of the proposed Final Plat to accommodate all proposed site improvements. 505. Final Plat - Commission Approval No Final Plat shall be considered for approval unless a Preliminary Plat or Revised Preliminary Plat has been submitted and either approved or conditionally approved and all preliminary engineering plans shall have been approved by the affected City departments and satisfactory arrangements made with the Development Coordinator for the installation of all required community facilities. Upon receipt of a letter from a qualified Registered Professional Engineer citing unusual circum- stances necessitating a variance from the usual procedure and subject to approval of the affected department(s) (Public Works, Water, Traffic Engineering), a Final Plat may be considered for approval and filing prior to approval of preliminary engineering plans. A. Applicant's Duties The Final Plat shall generally conform to the approved Preliminary Plat or approved Revised Preliminary Plat and shall be submitted to the Planning Department, in as many copies and types as required by the Commission Rules and Regulations and as per specifications as hereinafter provided, together with written application for subdivision approval. 11. City Plan Commission Rules and Regulations B. Duties of the Planning Department Adopted 10/29/75 The Planning Department, having received the Final Plat, shall: 1. Check the Final Plat for completeness and for conformity to the approved Preliminary Plat or approved Revised Pre- liminary Plat. 2. Inform the applicant of the completeness of the Final Plat, its conformity to the approved Preliminary Plat or approved Revised Preliminary Plat, and of the opportunity to refile the Final Plat if all requirements are not met. 3. Indicate to the Commission its findings as to the complete- ness of the Final Plat and either its conformity to the approved Preliminary Plat or approved Revised Preliminary Plat. C. Action by the Commission The Commission shall act upon a properly submitted Final Plat within thirty (30) days of the official date of submittal. If said plat be not approved or conditionally approved or disapproved within thirty (30) days from the official date of submittal, it shall be deemed to have been approved, and a certificate, showing said submittal date and the failure to take action thereon within thirty (30) days from said date, shall on demand be issued by the Commission and said certificate shall be sufficient in lieu of the endorsement hereinafter required. D. Decision of the Commission The decision of the Commission shall be either approval or condi- tional approval or disapproval of the Final Plat. 1. A Final Plat which meets all applicable requirements of the Subdivision Ordinance, pertinent Commission Rules and Regu- lations and either conforms to the approved Preliminary Plat or approved Revised Preliminary Plat, or meets all conditions attached to either a conditionally approved Preliminary Plat or Revised Preliminary Plat shall be deemed to have been approved by the Commission upon the Commission's stamp being affixed with the signatures of the Chairman of the Commission and the Executive Secretary. Approved Final Plats and sup- porting instruments shall be retained by the Commission for recording as hereinafter specified. 2. Conditional approval shall constitute approval of a Final Plat subject to conformity with prescribed conditions, but shall constitute disapproval until such conditions are met. 12. City Plan Commission Rules and Regulations Adopted 10/29/75 3. Disapproval signifies rejection in toto of the Final Plat as submitted. Grounds for said:rejection shall be furnished in writing to the applicant within five (5) working days after Commission action. The Commission, following Final Plat dis- approval may permit an applicant to then submit another Final Plat or reinstitute the subdivision approval procedure at another step. 4. Conditionally approved Final Plats showing satisfaction of the conditions, in as many copies as required by the Commis- sion, may be submitted at any time for approval. E. Post Final Plat Approval: Recording After the Final Plat has been duly acknowledged by owners or pro- prietors of the land, or by some duly authorized agent of said owners or proprietors, in the manner required for the acknowledge- ment of deeds, and has been approved as herein provided, the Com- mission shall cause the Final Plat and all supporting instruments to be recorded with the County Clerk(s) in the county or counties in which the subdivision lies. 506. Short Form Plat A. Applicant's Duties. The Short Form Plat shall be submitted together with written appli- cation for subdivision approval, in as many copies and as per specifications as herein provided. B. Duties of the Planning Department The Planning Department, having received the Short Form Plat, shall: 1. Check the Short Form Plat for completeness and for conformity to the specifications as provided herein. 2. Inform the applicant of the completeness of the Short Form Plat and of its conformity to the specifications as provided herein. 3. Indicate to the Commission its findings as to the complete- ness of the Short Form Plat and of its conformity to the specifications as provided herein. C. Action by the Commission The Commission shall act upon a properly submitted Short Form Plat within thirty (30) days of the date of submittal. If said 13. V City Plan Commission Rules and Regulations Adopted 10/29/75 plat not be approved or conditionally approved or disapproved within thirty (30) days from the filing date, it shall be deemed to have been approved and a certificate, showing said filing date and the failure to take action thereon within thirty (30) days from said filing date, shall on demand be issued by the Commission and said certificate shall be sufficient in lieu of the endorsement herein required. D. Decision of the Commission The decision of the Commission shall be either approval or condi- tional approval or disapproval of the Short Form Plat. 1. A Short Form Plat which meets all applicable requirements of the Subdivision Ordinance and pertinent Commission Rules and shall be deemed to have been approved by the Commission upon the Commission's stamp being affixed with the signatures of the Chairman of the Commission and the Executive Secretary. Approved Short Form Plats and supporting instruments shall be-retained by the Commission for recording as hereinafter specified. 2. Conditional approval shall constitute approval of a Short Form Plat subject to conformity with prescribed conditions, but shall constitute disapproval until such conditions are met. 3. Disapproval signifies rejection in toto of the Short Form Plat as submitted. Grounds for said rejection shall be fur- nished in writing to the applicant within five (5) working days after Commission action. The Commission, following Short Form Plat disapproval, may permit an applicant to then submit another Short Form Plat or reinstitute the subdivision ap- proval procedure at another step. 4. Conditionally approved Short Form Plats showing satisfaction of the conditions, in as many copies as required by the Com- mission, may be submitted at any time for approval. E. Post Short Form Plat Approval: Recording After the Short Form Plat has been duly acknowledged by owners or proprietors of the land, or by some duly authorized agent of said owner or proprietor, in the manner required for the acknowledgement of deeds, and has been approved as herein provided, the Commission shall cause the Short Form Plat and all supporting instruments to be recorded with the County Clerk(s) in the county or counties in which the subdivision lies. 14. City P1Xn Commission Rules and Regulations Adopted 10/29/75 VI. PLAT SPECIFICATIONS AND SUPPORTING INSTRILTMENTS 601. Area Development Concept Plan. A. General The Area Development Concept Plan will be required when Preliminary Plats are to be presented in stages and shall be drawn at a scale of not less than 400 feet to the inch, and may be delineated on a duplicate of the City topographic base map available from the Planning Department at printing cost or on any other topographic map showing equivalent information. The Area Development Concept Plan shall include all land under the control of or owned by the Developer and contain or have attached thereto: 1. Names and addresses of the subdividers, record owner, land planner, engineer and /or surveyor. 2. Proposed name of the subdivision. 3. Location in relation to rest of the City and boundaries of proposed subdivision. 4. A schematic layout of the entire tract and its relationship to adjacent property and existing adjoining development. 5. Proposed major categories of land use showing existing and proposed zoning. 6. Proposed number of dwelling units and population densities. 7. Arterials and collector streets. 8. Location of sites for parks, schools and other public uses as shown in the Comprehensive Plan. 9. Significant natural drainage features including drainage courses and wooded areas, as delineated on City of Fort Worth topographic maps or on any other topographic maps showing equivalent information. 10. Significant man -made features such as railroads, roads, build- ings, utilities or other physical structures, as shown on City of Fort Worth topographic maps, utility company records and City of Fort Worth records when such features affect the plan. 15. City Plan Commission Rules and Regulations Adopted 10/29/75 602. Preliminary Plat A. General The Preliminary Plat shall be drawn to a scale of one hundred feet to one inch. The Preliminary Plat shall generally include all of the tract intended to be developed at one time. When more than one sheet is necessary to accommodate the entire area, an index sheet showing the entire subdivision at an appropriate scale shall be attached to the plat. The Preliminary Plat shall contain or have attached thereto: 1. Names and addresses of the subdivider, record owner, land planner, engineer and /or surveyor. 2. Proposed name of the subdivision, which should not have the same spelling or be pronounced similarly to the name of any other subdivision located within the City or within five miles of the City. 3. Names and lot patterns of contiguous subdivisions; approved concept plans or preliminary plats, and the owners of con- tiguous parcels of unsubdivided land as shown by Tax Office records or other public records. 4. Vicinity map showing location of tract by reference to exist - ing streets or highways. 5. Reserved. 6. Subdivision boundary lines, indicated by heavy lines, and the approximate area expressed in acres. 7. Location of City limit lines and outer border of the City's extraterritorial jurisdiction if either traverses the sub- division, forms part of the subdivision, or is contiguous to the subdivision boundary as indicated by City records available upon request. 8. Dimensions, names and descriptions of all existing or recorded streets, alleys, reservations, easements or other public rights -of -way within the subdivision, intersecting or contig- uous with its boundaries or forming such boundaries, as deter- mined from existing records. The distance from the centerline of the roadway of the boundary street to the proposed platted property shall also be shown. 9. The locations, dimensions, names and descriptions of all existing or recorded lots and blocks, parks, public areas and permanent structures within or contiguous to the sub - division which affect the subdivision design. 16. City Plan Commission Rules and Regulations Adopted 10/29/75 10. The locations, sizes, and descriptions of existing utilities, to include gas lines, sewer and water mains, water towers and Wells, power lines (above and /or below grade), telephone lines, within the subdivision or adjacent thereto as shown by City of Fort Worth and utility company records. 11. The approximate location, dimensions, descriptions and names of all existing and proposed streets, alleys, drainage struc- tures, parks, open spaces, natural features to be preserved, improvements to be installed for beautification, other public areas; reservations, easements or other rights-of-way; blocks, lots and other sites within the subdivision specifically in- dicating the connection of improvements to those improvements in adjacent subdivisions. 12. Identification and location of proposed uses within the sub- division to include tracts intended for multi- family dwellings, shopping centers, churches, industry or other uses and also indicating existing and proposed zoning classifications for each use. 13. Topographical information based on City of Fort Worth 5 -foot vertical interval contour maps in general will be sufficient. United States Geological Survey 7 -1/2 Minute Quandrangle maps under certain conditions may be used if the area is not covered by the City contour maps. Supplemental topographic information may be required if deemed necessary by the affected departments. All contours and elevations shall be referenced to vertical con- trol bench marks approved by the City of Fort Worth Public Works Department. Centerline of water courses, creeks and ravines, existing drainage structures and other pertinent data shall be shown. Areas subject to flooding shall be shown, delineating the 50 -year and the 100 -pear flood limits if applicable. A drainage study may be required to provide information as to the extent of drainage facilities that will be necessary in order to develop the property. 14. A number or letter to identify each lot and each block; an indication of the typical lot size; the approximate area of the smallest lot. 15. Building setback lines on all lots and sites adjacent to streets. 16. Title, date of preparation, scale and north point. 17. Current description of the property to be subdivided that includes survey name and tract numbers from City or County records. 17. City Plan Comsission Rules and Regulations Adopted 10 /29/75 18. The responsible Entity for the .operation and maintenance of any building, park, equipment,spools, plantings, lawns or other legal interests if it is� proposed that they are to be shared by owners of the real property within the subdivision. 603. Final Plat A. General The Final Plat shall generally conform to the Preliminary Plat, as approved by the Plan Commission and shall be drawn to legibly show all data into a satisfactory scale, usually not smaller than one inch equals 100 feet. The Final Plat.shall contain or have attached thereto: 1. Title or name of subdivision, written and graphic scale, north point, date of plat, and a key map at a scale of not less than one inch equals 2000 feet. 2. Location of the subdivision by City, County and State. 3. Location of the subdivision with reference to a corner in a recorded subdivision or to satisfactory locative title data by course and distance. Whenever practical, the proposed subdivision will be referenced to the Texas Coordinate Sys - tem, North Central Zone under the direction of the City of Fort Worth Public Works Department. 4. Tract boundary lines indicated by heavy lines. 5. Sufficient relocation data in order to reproduce subdivision on ground. 6. Approved name and right -of -way width of each street. 7. Locations, dimensions and purposes of any easements or other rights -of -way. 8. Identification of each lot or site and block by letter or number and building lines of residential lots. 9. Boundary lines and names of open spaces to be dedicated for public use or granted for use of the inhabitants of the subdivision. 10. The type of objects set to mark lot corners. 11. Reference to recorded subdivision plats or adjoining platted land by record name, and deed record volume and page. 12. Zoning of the tract that shall permit the proposed use or any pending zoning change amendment necessary to permit the 18. City Plan Commission Rules and Regulations Adopted 10/29/75 proposed use shall have been adopted by the City Council prior to recording of the Final Plat. 13. The designation /name of responsible entity for the operation and maintenance of any building, park, equipment, pools, plantings, lawns or other legal interests which are to be shared by the owners of real property in the proposed sub- division shall be designated by appropriate articles of in- corporation, contracts, restrictions or other methods. The means of securing payment for maintenance and operating expenses and the method of terminating such provisions shall be stated in the creating documents. The following notes shall be included on the face of all plats or with accom- panying instruments, where it is the expressed intent of the developer that there will be private maintenance of private drives, emergency access easements, recreation areas and open spaces: The City of Fort Worth shall not be responsible for main- tenance of private drives, emergency access easements, recreation areas and open spaces; and, The Home Owners Association shall be respon- sible for maintenance of private drives, emergency access easements, recreation areas and open spaces and said Association agrees to indemnify and save harmless the City of Fort Worth, Texas, from all claims, damages and losses arising out of or resulting from performance of the obligations of said Association set forth in this paragraph. 14. An instrument of dedication or adoption signed by the owner or owners. 15. Spaces for signatures of the Chairman and Secretary of the Commission attesting approval of the Plat. 16. The seal and signature of the surveyor and /or engineer respon- sible for surveying the subdivision and /or the preparation of the plat. B. Supporting Instruments The following supporting instruments must accompany the plat: 1. A certificate by.the Director of Public Works indicating that the subdivision plat conforms to all sections of the Sub- division Ordinance and the Commission Rules and Regulations requiring his approval. 2. If a subdivision is located in an area which cannot reason- ably be served by a sanitary sewer system and in which the 19. City Plan CoumUsion Rules and Regulations Adopted 10/29/75 use of septic tanks or other beans of disposal has been approved by the Public Health,Department, a certificate to such effect by the Public Health Engineer shall be included and shall show the limitations, if any, of such approval. 3. A certificate by the Director of the Water Department indi- cating that the subdivision plat conforms to all sections of the Subdivision Ordinance and the Commission Rules and Regu- lations requiring his approval. 4. A certificate by the Director of Traffic Engineering indi- cating that the subdivision plat conforms to all sections of the Subdivision Ordinance and the Commission Rules and Regu- lations requiring his approval. 5. Execution of a Community Facilities Contract in accordance with City policies, where deemed to be necessary by the Development Coordinator. 6. No final Plat shall be recorded until all of the above re- quirements have been fulfilled. 604. Location Standards and Monumentation for Final Plat One of the following methods shall be used: A. Surveyed Subdivision Plat The minimum surveying requirements shall conform to the accuracy standards set by the Texas State Board of Registration for Public Surveyors, except that in no case shall the requirements be less than the following: All final external boundary lines with lengths of courses to hundredths of a foot, bearings to one second, and where curves form portions of such boundary, the bearing of the curves' tangent shall be shown to one second along with the curve length, central angle, and radius. These boundaries shall be determined by an accurate survey in the field and the unadjusted closure of the boundaries shall not be less than one part in five thousand (1:5000). The surveyed subdivision map shall: 1. Indicate all comer objects set. 2. Indicate bearings, dimensions, curve data and other reloca- tion information as determined by survey. 3. The seal and signature of the surveyor and /or engineer pro- ficient in surveying, responsible for the surveying and /or the preparation of the plat will appear on the plat. 4. Where it is deemed practical, the Director of Public Works shall indicate on a furnished plat the required locations for concrete reference monuments, or their equal, to be placed. Position as per the Texas Coordinate System, 20. City Plan Commission Rules and Regulations Adopted 10/29/75 North Central Zone, shall be.placed upon them under the direction of said Director. The subdivision data should be referenced to this system. The Director shall place the coordinate values of the monuments on the Final Plat unless these positions have been determined by the surveyor pre- paring the plat. B. Compiled Subdivision Plat The purpose of the Compiled Subdivision Plat is to serve as a means to permit subdivision development to proceed with all possible econ- omy of time and effort in the necessary surveying and construction of street improvements and utilities; and to be flexible to permit the developers to process the Final Plat for recording at a time most advantageous to them. The data shown thereon shall be the re- sult of a reasonable amount of surveying to permit the precalcula- tion of the subdivision and to mark the block corners and curve points. Surveying to mark all lot corners will be done as provided for in a Community Facilities Contract. The Compiled Subdivision Plat shall be prepared as follows and shall include: 1. The boundaries shall be monumented, at the developer's expense, with standard City of Fort Worth monuments or equal. Monuments .shall be set at all corners, points of curve, and on tangents, and not to exceed 1,000 feet apart. 2. The boundary survey through these monuments shall have an angular closure not to exceed five seconds per angle and the unadjusted closure of the boundary shall be not less than one part in ten thousand (1:10,000). The boundary shall be ad- justed and the bearings shall be shown to seconds and the length to one hundredths (0.01) of a foot. 3. Where it is deemed practical, the Director of Public Works shall indicate on a furnished plat the required locations for concrete reference monuments, or their equal, to be placed. Position as per the Texas Coordinate System, North Central Zone, shall be placed upon them under the direction of said Director. The subdivision data should be referenced to this system. The Director shall place the coordinate values of the monuments on the Final Plat unless these posi- tions have been determined by the surveyor preparing the plat. 4. All bearings and distances shown on the plat shall be based on boundary monuments and all information necessary to cal- culate the coordinates of any corner or dimensioned point shall be shown. The centerline information of all streets shall be shown with bearings to seconds and distances to hundredths of feet. 5. All of the usual easements, building lines and other items required for Final Plat shall be shown. 21. City Plan Commission Rules and Regulations Adopted 10/29/75 6. The seal and signature of the surveyor and /or engineer respon- sible for the surveying and /or the preparation of the plat will appear on the plat. VII. DESIGN STANDARDS 701. Street Location and Arrangement A. General Requirements 1. The arrangement, character, extent, and location of streets shall generally conform to the Master Thoroughfare Plan and shall be considered in their relation to existing and planned streets, to topographical conditions, to drainage in and through subdivisions, to public convenience and safety and their appropriate relation to the proposed uses of land to be served by such street. 2. All streets should be designed to be in line with existing streets in adjoining subdivisions. When conditions permit, centerline offsets should be at least one hundred thirty -five (135) feet. Greater centerline offsets as may be required by the Traffic Engineer shall be planned where necessary for traffic safety. 3. Streets shall be named to provide continuity with existing streets. 4. Streets designated to be dead -ended permanently shall be platted and constructed with a paved cul -de -sac. Any dead - end street of a temporary nature, if longer than two hundred (200) feet, shall have a surfaced turning area eighty (80) feet in diameter for a cul -de -sac. Said temporary cul -de -sac must be constructed prior to the expiration of the community facilities contract or earlier if required by the Director of Public Works. Temporary dead -end street shall have pro- visions for future extension of the street and utilities and, if the temporary cul -de -sac is utilized, a reversionary right to the land abutting the turn - around for excess right -of -way shall be provided. 5. A street ending permanently in a cul -de -sac should not be longer than six hundred (600) feet and shall be provided at the closed end with a turn- around having an outside road- way diameter of at least eighty (80) feet, and a street pro- perty line diameter of at least one hundred (100) feet. On extra wide lots, cul -de -sacs may be longer. 6. Streets should be platted to allow two tiers of lots between streets when possible. 22. City Plan Commission Rules and Regulations Adopted 10/29/75 7. The reservation in private ownership of strips of land at the end of proposed or existing streets and intended solely or primarily for the purpose of controlling access to property not included in the subdivision shall be prohibited. 8. Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations, and where the Commission finds it will be practicable to require the dedication of the other half when the adjoining land is subdivided. The other half of the street shall be platted within the adjacent tract at the time it is platted. B. Street Class Requirements 1. Street layout shall provide for continuation of collector streets in areas between arterials. 2. Those local streets designated by the Commission shall be extended to the tract boundary to provide future connection with adjoining unplatted lands. In general, these exten- sions should be at such intervals as necessary to facilitate internal vehicular circulation with adjoining unplatted lands. 3. Where single family or duplex uses abut an existing or pro- posed arterial street, the plat or dedication instrument will provide: Lots to side onto the arterial with a non-access restric- tion on the arterial side, or Reverse frontage with screening and containing a non-access restriction along the rear property line, or Lots with screened rear alleys, or Other treatment as may be necessary or required for ade- quate protection of adjoining properties, and as ap- proved by the Commission after receiving recommenda- tions from the affected Departments and taking into consideration the proposed method of off-street parking and maneuvering which will prevent the necessity of backing into the arterial street. 702. Street Classifications A. Definitions Street Functions- Classification Uses Local A Distributes traffic to and from residences. Short in length, non-continuous to discourage through traffic. Low-density residential/ single family. 23. City plan Commission Rules and Regulations Adopted 10/29/75 Street Functions- Classification Uses Local B Carries traffic to and from "A" locals. Local A Would be fed by loop streets and cul-de-sacs. 28' Serves low-density residential, restricted Local B apartments, very limited public facilities. Collector A Carries traffic from local streets to arterials. Collector A Also may serve local facilities such as schools, 40' churches. Uses served would include medium and Collector B high density residential, limited commercial 48' facilities, elementary schools, some small Arterial offices and as direct access within industrial (2) 36' parks. Collector B Carries heavy traffic to major commercial and industrial facilities from arterials. Uses would include office parks, industrial parks, and community level commercial facilities. Arterial Major traffic carriers. Receives traffic from collectors and distributes to major activity centers. Also feeds through-traffic to free- ways. Uses would include high schools, uni- versities, other major educational facilities, concentrations of high-density residential, regional commercial facilities, other concen- trated commercial facilities, industrial complexes, and major public facilities such as airports. 703. Street Design A. General Provisions 1. All dedicated streets should conform to the following: GENERAL DESIGN CRITERIA 24. Minimum Right-of-Way minimum Roadway Parkway Street Classification Width Width (Face to Face) Width Local A 50' 28' ill Local B 56' 36' 10, Collector A 60' 40' 10, Collector B 68' 48' 10, Arterial 120' (2) 36' 10, 24. City Plan Commission Rules and Regulations Adopted 10/29/75 2. All dedicated streets should conform to the following Tech- nical Design Criteria: 3. TABLE 1 Minimum Maximum Minimum Area free from storm Street Design Percent Percent water, using a five- Classification Speed (MP11) Grade Grade year frequency storm Local A 10 0.4 N.A. Local B 30 10 0.4 N.A. Collector A 30 8 0.4 N.A. Collector B 40 8 0.4 one lane (normally the center 12') Arterial 45 6 0.4 one lane each direction 4. Horizontal Curves Where streets classified as Local A or Local B are platted with curves, the degree of curvature should, as much as is practical, be consistent with the criteria for horizontal curves and minimum stopping sight distance for the design speed, in accordance with good engineering practice. When streets classified as Collector A, Collector B or Arterial are platted with curves, the degree of curvature shall be such so that the street when constructed will meet the requirements for horizontal curves and minimum stopping sight distance, etc., for the design speed, in accordance with good engineering practice. 5. No street intersecting an arterial street should vary from a 90* angle of intersection by more than 5*. Intersections of Collector A and B, and Local A and B should not vary from 90' by more than 15*. 6. Where in his judgment the appropriate use of the neighboring property will not be substantially injured, the Director of Public Works, after consultation with the Director of Traffic Engineering, may in specific cases, and subject to appropriate conditions and safeguards, authorize special exceptions to the Technical Design Criteria items in order to permit reasonable development and improvement of property where literal enforce- ment of these values would result in an unnecessary hardship. 25. r EMSIONS TO '171 1,11 CITY PLAN CCIAI!JISSION Rt ICES AND RCkst IL ATIONS CONCL'IZNING ALLEN'S AND ALLEYWAY Tl1I:N.)tJTS 704. Alleys atul Ml.- way Tormaut, A. Generul Provisions 1. Alleys serving; single - family residoritial and duplex areas %I.all have a right -of -way width of fifteen feet and a paving t+ i1ltl► of Ion feet, exclusive of any curbs which may he rr- duir�:-d for drainage control. Alleys serving all other areas of Toning,, -,hall have a minimum right -of -way and paving width of t weuty ft•c•t. Allays shall he paved in accurd.uire with %-ity design standards :anti spocifirations. ?. All0y% ShOLild intersect streets at right angles or radially to rurve -d streets. The intersection of a street and an alley should he constructed as a standard driveway approach. Fntranre Widths to alleys Shall be constructed twelve feet wide for residential areas and twenty feet wine for other areas with a unitorm transition in alley pavement width not to exceed one foot of transition per twenty feet in alley length. 3. Alleyway turnouts shall be paved to the property line wit`, turnouts to be not less than twenty feet wide. At :alivyway tuurnouts, the distance from the ,alley right -of -way to any gat.:, building, or garage opening shall be at least 25 feet. 4. Dead -end alleys shall be prohib&:d. Alleys shall be limited to two - thousand feet (2,000 ft.) in length. 5. In cases where two alleys intersect or turn a sharp angle, lot corners shall be platted so that a triangular area of 25 feet by 25 feet or greater, is dedicated as part of the alley for the purpose of providing; a rninirnwn required radius of thirty feet to the inside edge of the alley paving. n. Alley paving should have a minimurn grade of 0.4°t and a maxim,im grade of 705. Easements A. General Easements shall be provided on subdivision plats when the fullo-wing; criteria indicate that an easement is requirr -d: 1. Where not adj icent tl•- a put,lie way, casolnents at lea-;t to tact wido for utility con,U of tion, servi;-c1, and mainteni,nc e shall [)e provided whot a ►wcv:,,,a► 5. in 1.►(_atioll!. opproved by the Ciry Plan Con-►rniss►on. Easements of at least live (5) feet in widtl► sh,jll be provided on each side of all rear lot lines and along side lot lines, where necessary, for utilities such as electric, telephone, street lights and gas. Easements havii ►g greater width di►nen- sions may also be required along, or across lots where engineer- ing design or special conditions make it necessary for the installation of utilities outside public rights -of -way. The following full statement of restrictions shall be placed in the dedication instrument: UTILITY EASEMENTS: Any public utility, including the City of Fort Worth, shall have the right to move and keep moved all or part of any building, fences, trees, shrubs, other growths or improvements which in any way endanger or interfere with the construction, maintenance, or efficiency of its respective system on any of the easements shown on the plat; and any public utility, including the City of Fort Worth, shall have the right at all times of ingress and egress to and from and upon said easements for the purpose of con- struction, reconstruciton, inspection, patroling, maintaining and adding to or removing all or part of its respective syste►ns withocrt the necessity at any time of procuring the permission of anyone. 2. Emergency access and fire lane easements shall be provided in locations required by the "Fort Worth Fire Lane Ordinance No. 6722." These easements shall have a minimum width of twenty (20) feet and a minimur►► height clearance of fourteen (14) feet. Any emergency access and fire lane easement more than one - hundred (100) feet in length shall either connect at each end to a dedicated public street or be provided with a cul -de -sac_ having a minimum diameter of eighty (80) feet with an additional distance of ten (10) feet on all sides clear of permanent structures. These easements shall be paved to Design Standards and Specifications recommended by a Regis- tered Professional Engineer. Emergency access and fire lane easements must meet all requirements in Ordinance No. 6722. 3. A 20 -foot by 20 -foot triangular public open space easement is required on corner lots at the intersection of two streets. A 15- foot by 15 -foot triangular public open space of easement is required on corner lots at the intersection of an alley and a street. The following full statement of restrictions shall be placed in the dedication instrument or on the face of the plat: PUBLIC OPEN .SI1r�c,F RE5T121�'l_Ii�n�: No structure.•, object, or plait of any type Inay obstruct vision f rolr; a height of twenty -four (24) inches to a height of eleve i (11) feet above the top of the curb, including, but not lirnited to buildings, fences, walks, signs, trees, shurbs, cars, trucks, etc., in the public open space easement as shown on this plat. These open space easements will remain in effect until vacated by ordinance adopted by the City Council of Fort worth and the property replatted. In addition, at the intersection of a driveway or turnout section and a dedicated alley a 10 -foot x i 0- foot triangular open space area is to be provided on each side at the driveway or turnout, at the time the driveway and /or alley is constructed. This area is to be subject to the same restrictions shown for open space easements. 4. The preceding Public Open Space Restrictions may be altered to permit, on commercially zoned lots, the placement within the easement area of: One single pole sign with said pole not to exceed twelve (12) inches in diameter and with every portion of said sign allowing a minimum height clearance between it and the ground of eleven (11) feet. 5. Easements for storm drainage facilities shall be provided at locations containing pra osed or existing drainageways. (a) Storm drainage easements of fifteen (15) feet minimum width shall be provided for existing and proposed enclosed drainage systems. Easements shall be centered on the systems. Larger easements, where necessary, shall be provided as directed by the Director of Public Works. (b) Storm drainage easements along proposed or existing open channels shall provide sufficient width for the required channel and such additional width as may be required to provide ingress and egress of maintenance equipment; to provide clearance from fences and space for utility poles; to allow maintenance of the channel bank; and to provide adequate slopes necessary along the bank. Such widths shall conform with those specified in the City Storm Drain Policy and /or as determined and required by the Director of Public Wol-ks. (c) Sturm drainage easements shall be provided for emergency overflow drainageways of sufficient width to contain within the easement storm water resulting from a 100-year frequency storm Jess the amount of storm water carried in an enclosed system of a capacity required by the City of Fort Worth Storm Drain Policy and/or as determined and required by the Director of Public Works. The width of the easements described in Items (a) through (c) above shall be substantiated by a drainage study and drainage calculations or other criteria submitted to and approved by the Director of Public Works. 6. Floodway easements shall be provided along natural drainage- ways and lakes or reservoirs. Floodway easements shall encompass all areas beneath the water surface elevation result- ing from a storm whose design frequency is 100 years, plus such additional width as may be required to provide ingress and egress to allow maintenance of the banks and for the protection of adjacent property, as determined and required by the Director of Public Works. The following full statement of restrictions shall be placed in the dedication instrument of the subdivision plat: FLOODWAY RESTRICTION: No construction, without the written approval of the City of Fort Worth shall be allowed within a floodway easement, and then only after detailed engineering plans and studies show that no flooding will result, that no obstruction to the flow of water will result; and subject to all owners of the property affected by such construction becoming a party to the request. Where construction is permitted, all finished floor elevations shall be a minimum of one(l) foot above the 100-year flood elevation. The existing creek, creeks, lakes, reservoirs, or drainage channel traversing along or across portions of this addition, will remain as an open channel at all times and will be maintained by the individual owners of the lot or lots that are traversed by or adjacent to the drainage courses along or across said lots. The City of Fort Worth will not be responsible for the maintenance and operation of said drainageways or for the control of erosion. Each property owner shall keep the drainage channels traversing adjacent to his property clean and free of debris, silt, or any substance which would result in unsanitary conditions and the City shall have the right of ingress and egress for the purpose of inspection and supervision of maintenance work by the property owner to alleviate any undesirable conditions which may occur. The drainage channel, as in the case of all drainage channels, is subject to storm water overflow and bank erosion to an extent that cannot be definitely defined. The City of Fort Worth shall not be liable for damages of any nature resulting from the occur- rence of these phenomena, nor resulting from a failure of any structure(s) within the drainage chan- nels. The drainage channel crossing each lot is shown by the floodway easement line as shown on the plat. City Plan Commission Rules and Regulations Adopted 10/29/75 The following full statement of restrictions shall be placed in the dedication instrument of the subdivision plat: FLOODWAY RESTRICTION: No construction, without the written approval of the City of Fort Worth shall be allowed within a floodway easement, and then only after detailed engineering plans and studies show that no flooding will result, that no obstruction to the natural flow of water will result; and subject to all owners of the property affected by such construction be- coming a party to the request. Where construction is per- mitted, all finished floor elevations shall be a minimum of one (1) foot above the 100-year flood elevation. The existing creek, creeks, lakes, reservoirs, or drainage channel traversing along or across portions of this addi- tion, will remain as an open channel at all times and will be maintained by the individual owners of the lot or lots that are traversed by or adjacent to the drainage courses along or across said lots. The City of Fort Worth will not be responsible for the maintenance and operation of said drainageways or for the control of erosion. Each property owner shall keep the natural drainage channels traversing adjacent to his property clean and free of debris, silt, or any substance which would result in un- sanitary conditions and the City shall have the right of ingress and egress for the purpose of inspection and super- vision of maintenance work by the property owner to allevi- ate any undesirable conditions which may occur. The nat- ural drainage channel, as in the case of all natural drain- age channels, are subject to storm water overflow and natural bank erosion to an extent that cannot be definitely defined. The City of Fort Worth shall not be liable for damages of any nature resulting from the occurrence of these natural phenomena, nor resulting from a failure of any structure(s) within the natural drainage channels. The natural drainage channel crossing each lot is shown by the floodway easement line as shown on the plat. 706. Blocks A. The length of a block shall be considered to be the distance from property corner to property corner measured along the property line of the block face: 1. of greatest dimension, or 2. on which the greatest number of lots face. The width of a block shall be considered to be the distance from property corner to property corner measured along the property line of the block face: 29. City Plan Commission Rules and Regulations Adopted 10/29/75 3. of least dimension, or 4. on which the fewest number of lots face. The length, width and shapes of blocks shall be determined with due regard to: (a) provision of adequate building sites suitable to the special needs of the type of use contemplated; (b) zoning requirements as to lot sizes and dimensions; (c) needs for convenient access, circulation, control and safety of street traffic. B. In general, intersecting streets should be provided at such inter- vals as to serve traffic adequately and to meet existing streets or customary subdivision practices. Where no existing subdivision controls, the block le -igths should not exceed one thousand three hundred twenty (1,320) feet. Where no existing subdivision con- trols, the blocks should not be less than five hundred (500) feet in length; however, in cases where physical barriers, property ownership, or industrial usage creates conditions where it is appropriate that these standards be varied, the length may be increased or decreased to meet existing conditions, having due regard for connecting streets, circulation of traffic and public safety. C. Where long blocks in the vicinity of a school, park or shopping center are platted, the Commission may require a public walkway near the middle of long blocks or opposite a street that termin- ates between the streets at the ends of the block. If required, the walkway shall not be less than four (4) feet nor more than eight (8) feet in width, and shall have a concrete walk of a minimum width of four (4) feet through the block from sidewalk to sidewalk, or curb to curb, or if no street, to the property line adjacent to school, park or shopping center. 707. Lots A. The lot arrangement and design shall be such that all lots will provide satisfactory and desirable building sites, properly re- lated to topography and the character of surrounding development. B. All side lines of lots shall be at approximately right angles to straight street lines and radial to curved street lines except where a variation to this rule will provide a better street and lot layout. C. No lot shall have less area or width at the building line than is required by the zoning regulations that apply to the area in which it is located. 30. City Plan Commission Rules and Regulations Adopted 10/29/75 D. In subdivisions where buildings are to be served by septic tanks, the size of lots shall be sufficiently large to accommodate ade- quate drainage fields and to meet the standards set forth by the County Health Department, the Texas State Department of health and The City of Fort Worth Health Department. E. Lots shall be consistent with zoning regulations. When the specific proposed use of a lot or tract depends upon future action by the City Council or other properly designated authority, lot lines shall also be shown on the preliminary plat appropriate to a use which does not require such action. Proposed uses shall be shown on the preliminary plat. 708. Residential Building Lines Building lines may be shown on all lots in the subdivision but not less restrictive than the zoning ordinance or building lines may be defined by a note on the plat stating, "All building lines shall comply with the Zoning Ordinance ". 709. Land Unsuitable for Subdivision Any land which, in its natural state, is subject to a 100 -year flood or which cannot be properly drained shall not be subdivided, re- subdivided or developed until receipt of evidence from the Director of Public Works that the construction of specific improvements proposed by the Developer can be expected to yield a usable building site. Thereafter the Com- mission may approve plats; however, construction upon such land shall be prohibited until the specific improvements have been planned and construction guaranteed. 710. Recreation and Public Lands Providing adequate sites for recreation parks, open space, school sites, and other community facilities is a public necessity in an urban area. The acquisition and improvement of these sites in step with private development of the area served by them is of mutual benefit to the sub- divider and to the public. Therefore, when advised during the preappli- cation conference that the Comprehensive Plan shows a need for said facilities either partially or totally within the proposed development area, the subdivider shall include in his preliminary plat or concept plan design sites for such purposes. The Planning Department shall for- ward a copy of the proposed preliminary plat or concept plan to the appropriate public agency along with a specific request that their written reply include a statement indicating whether or not they wish to meet with the subdivider for the purpose of initiating negotiations. The Department shall transmit the reply to the Plan Commission which may at the time of its subdivision review as a condition for approval, require that the subdivider negotiate with the appropriate public agency involved for the establishment of public uses within the proposed sub - division. In the event of a breakdown of negotiations between the subdivider and the appropriate public agency, this matter shall be 31. City Plan Commission Rules and Regulations Adopted 10/29/75 rescheduled for public hearing by the City Plan Commission in order to reevaluate the need for the site or sites in question. It is the re- sponsibility of the affected department to reply expressing its intent to request City Council to begin condemnation procedures. In no event shall the Plan Commission delay action on the proposed subdivision for more than sixty (60) days after receipt of notice of breakdown of negotiations. 711. Unified Residential Development (Planned Unit Development) All proposed unified residential developments, also referred to as planned unit developments, shall comply with the provisions relating thereto and contained within the Comprehensive Zoning Ordinance. All streets not dedicated to the public shall be paved to Design Standards and Specifications recommended by a Registered Professional Engineer and shall be maintained by means of a Some Owner's Association, or other means as approved by the Commission. Any request to dedicate a private street as a public street shall be approved only if arrangements are made to bring the street into conform- ity with all City standards and regulations in effect at the time of dedication at the cost of affected property owners. All private streets that intersect with public streets shall be con- structed with standard drive type approaches. In such cases where an unusual condition exists, the Director of Traffic Engineering may ap- prove standard intersection approaches if the approval is requested prior to the preparation of the plans. Private streets will be named and shown on the plat. Streets signs for said private streets shall be erected and maintained by the Home Owner's Association. 712. Driveways and Parking A. One and Two Family Residential Driveways The location and size of ingress and egress driveways for one and two family residences shall be subject to the approval of the Director of Public Works. Residential driveways to serve single car garages, carports, and /or storage areas shall be not less than eleven (11) feet nor more than fifteen (15) feet in width, measured at the property line. Resi- dential driveways to serve two car garages, carports, and /or stor- age areas shall be not less than eleven (11) feet nor more than twenty -four (24) feet in width, measured at the property line. When residential driveways are required to serve three or more car garages, carports, and /or storage areas, the size and location of the driveway(s) shall be subject to the approval of the Director of Public Works, after an adequate engineering analysis of the parking, maneuvering and access requirements. A driveway should not begin less than five (5) feet from the point of tangency of the corner radius of an intersection. 32. City Plan.Commission Rules and Regulations Adopted 10/29/75 The radius of all driveway returns shall be a minimum of five (5) feet; however, if in the professional opinion of the Director of Public Works, a situation justifies, driveways may be built at an angle other than perpendicular to the roadway and/or with driveway return radii of as much as twenty (20) feet. Residential driveways shall not be constructed closer than ten (10) feet apart. Joint driveway approaches may be approved provided a letter of agreement signed by all adjoining property owners is delivered to the Director of Public Works. B. Multi - Family Residential, Commercial and Industrial Driveways The location of ingress and egress and the size of all multi-family residential, commercial, and industrial driveways shall be subject to the approval of the Director of Traffic Engineering under curb cut permit procedures. Driveways should not exceed sixty-five (65) percent of the property frontage. multi-family residential, com- mercial and industrial driveways shall be a minimum of fifteen (15) feet and a maximum of thirty-five (35) feet in width measured at the property line. When the property frontage is seventy-five (75) feet or greater, the driveway measured at the property line shall not begin less than ten (10) feet from the property corner. When the property frontage is less than seventy-five (75) feet, the driveway measured at the property line may begin a minimum of five (5) feet from the property corner, provided there is not an exist- ing driveway within fifteen (15) feet of the property corner on the adjacent property. A minimum of twenty (20) feet, measured at the property line, should be maintained between driveways. The radius of all driveway returns shall be a minimum of five (5) feet; however, if in the professional opinion of the Director of Traffic Engineering a situation justifies, driveways may be built at an angle other than perpendicular to the roadway and/or with driveway return radii of as much as twenty (20) feet. The larger radius driveway returns may only be approved if a minimum of ten (10) feet of tangent curb can be constructed between the driveway returns. Joint driveway approaches may be approved provided a letter of agreement signed by all adjoining property owners is delivered to the Director of Traffic Engineering. C. Parking Off-street parking shall be provided as required in all the appli- cable zoning provisions of the Zoning Ordinance, and shall be paved and arranged in accordance with the Layout and Design Standards and Specifications for Driveways and Parking Lots. Off-street parking areas shall be maintained by the owner. No new "head-in" parking is permitted, except for one and two- family residential. Off-street parking layouts shall afford the driver the ability to accomplish all maneuvers to enter or exit the parking spaces on private property. 33. City Plan Commission Rules and Regulations D. General Adopted 10/29/75 Nothing in this section shall require the changing of existing driveways and /or parking except under one or more of the follow- ing conditions: During widening and /or reconstruction of streets, the drive- ways will be brought into conformity with the present standards and head -in parking will be eliminated; During new building construction or major additions and remodel- ing of existing buildings all driveways and parking requirements will be brought into conformity with the present standards and head -in parking will be eliminated; When the Director of Traffic Engineering determines that pre- vailing traffic conditions require the elimination of existing head -in parking that makes use of public rights -of -way in order to correct a serious traffic hazard. When in his professional judgment the literal enforcement of any part of Section 712. would result in poor engineering design or in an unncessary hardship, the Director of Traffic Engineering may authorize special exceptions to Section 712., subject to ap- propriate conditions and safeguards, in order to permit reasonable development and improvement of property. NOTE: Layout and design standards for driveways and parking lots are available in pamphlet form from the Traffic Engineering Department. 713. Natural Tree Cover and Screening Walls A. Natural tree cover shall be preserved whenever possible. B. Where residential, commercial or industrial buildings back up to a collector or thoroughfare street, screening shall be provided on the private property which is compatible with the surrounding neighborhood. VIII.PUBLIC IMPROVEMENTS 801. Construction Plans Construction plans for public improvements to be installed shall be pre- pared by a registered professional engineer approved by the City and submitted in accordance with the requirements and specifications of the officials having jurisdiction as defined in Sections 103.400, 103.500 and 103.600 of the Subdivision Ordinance. No public improvements shall be installed until and unless said plans shall have been received and approved by said officials. Construction plans shall include but are not limited to those items specified in Section 801.D. 34. City Plan Commission Rules and Regulations Adopted 10/29/75 The review process of Engineering Plans shall be as follows: Preliminary conference between Consultant and municipal engineering personnel responsible for the respective engi -• neering project. One or more conferences should be held between Consultant and municipal engineering representative to discuss the Prelimin- ary Engineering Plans and Proposed Specifications. Final Plans and Specifications prepared in accordance with good engineering practice are submitted for detail check for errors, adequacy and conformity with published City Standards and Specifications. Review of plans and specifications shall be conducted as soon as possible and not later than twenty (20) working days from date of submission. Convey the information to the applicant, or his engineer, by written comments on a copy of the plans and specifications, letter or other acceptable written form, a copy of which may be retained by the official until the completion of the Rroject. The Consulting Engineer shall submit Final Plans and Specifi- cations for approval when all comments, changes or corrections are made. The Final Plans shall be signed and dated by the Directors of the Public Works, Water and Traffic Engineering Departments or their authorized representatives upon approval. Final Approved Plans will be transmitted to the Consultant by letter stating approval subject to any additional minor changes or comments. A. City Design Standards and Specifications There are hereby adopted by reference and made a part of these regulations design standards and specifications which shall be controlling in design, construction and installation of street paving, curbs and gutters, sidewalks, utilities and other public improvements required herein. All references to City Design Standards and Specifications shall mean and include those stand- ards and specifications, together with all exhibits, charts, drawings and diagrams appertaining thereto, which have been ap- proved by the officials having jurisdiction and placed on file in the offices of said officials. B. Paving and Drainage Facilities 1. All streets and alleys shall be paved and shall be designed and constructed in accordance with City Design Standards and Specifications. 35. City Plan Commission Rules and Regulations Adopted 10/29/75 2. The right -of -way shall be graded to provide suitable finish grades for pavement, sidewalks, and planting strips with adequate surface drainage and convenient access to the lots. 3. All sidewalks or bicycle /pedestrianways and driveways shall be constructed in accordance with City Design Standards and Specifications. 4. All drainage facilities shall be designed and constructed in accordance with City Design Standards and Specifications. 5. Where a subdivision abuts an existing road or street, which is not constructed to line and grade approved by the Public Works Director, the developer shall be required to improve the existing road or street to bring same to a line and grade and type of construction meeting City Standards, or to replace it with a standard City street, at no cost to the City, other than as set out in the cost sharing policy of the 'City in effect at the time of approval of the Final Plat. Where the proposed subdivision is located along only one side of said street or road, then the street will be improved by means of the assessment basis with the developer paying his proportionate share as required and set forth in the cost sharing policy of the City in effect at the time of approval of the Final Plat. 6. Where a subdivision is platted so that lots back up to an existing street, or a street to be dedicated, said street shall be improved in accordance with City Standards and Specifications, by the developer. In the case of an exist- ing road or street which is not constructed to line and grade approved by the Public Works Director, the requirements in Item 5. above shall apply. C. Street Lighting The proposed street lighting shall conform to all applicable City policies, concerning street lighting and shall be approved by the Traffic Engineering Department. All necessary easements for street light installation and maintenance shall be shown on the Preliminary Plans. D. Site Improvement Data The following site improvement data including all plans and speci- fications and engineering calculations, shall be submitted, bearing the seal and signature of an engineer, proficient in civil engineer- ing, and registered in the State of Texas. The number of copies and a reproducible shall be furnished as required by the using department. 1. Plans and profiles of all streets, alleys, sidewalks, cross - walkways, and detailed cost estimates. 36. City Plan Commission Rules and Regulations Adopted 10/29/75 2. The location and dimensions of existing sanitary sewer lines; plans and profiles of proposed sanitary sewer lines, indi- cating depths and grades of lines; detailed design informa- tion and cost estimates. 1W' 3. When a separate sewer system or treatment plant is proposed, proposed plans and specifications. 4. The location and size of existing water lines and fire hyd- rants; plans and profiles of all proposed water lines and fire hydrants, showing depths and grades of the lines; de- tailed design information and cost estimates. 5. All street widths and grades shall be indicated; runoff fig- ures shall be indicated on the outlet and inlet side of all drainage ditches and storm sewers, and at all points in the street at changes of grade or where the water enters another street or storm sewer or drainage ditch. Drainage easements shall be indicated. 6. Calculations and map showing the anticipated storm water flow, including watershed area, percent runoff, and time of concen- tration. When a drainage ditch or storm sewer is proposed, calculations shall be submitted showing basis for design. j 7. When a drainage channel or storm sewer is proposed, completed -! plans, profiles and specifications, shall be submitted, show- ing complete construction details and detailed cost estimate. 8. When conditions upstream from a proposed channel or storm drain outside the limits of the ownership of the developer do not permit maximum design flow, the drainage facilities shall be designed based on potential and fully developed conditions. When conditions downstream from a proposed channel or storm drain outside the limits of the ownership of the developer do not permit maximum design flow, water surface elevations for a 100 -year design frequency shall be indicated considering the downstream condition in order to define the potential flood hazards. Solutions to protect the property shall be developed. All drainage improvements shall be designed to an acceptable outfall. IX. RULES AND AMMDMTS 901. Amendments Amendments to these Rules and Regulations may be adopted by the Com- mission at any meeting, upon the affirmative vote of three members, 37. -r 6 City Plan Commission Rules and Regulations Adopted 10/29/75 provided any such amendment is proposed at a preceding meeting and spread on the minutes of such meeting. By unanimous consent of the Commission membership amendments may be: adopted at the meeting at which introduced but shall not become effective until the next regu- lar meeting. 902. Certified Copy A certified copy of these Rules and Regulations and of any amendments thereto shall be filed in the Office of the City Secretary within ten days following their date of adoption. 903. Repealing Clause All previously adopted Rules and Regulations of the Commission shall be and the same are hereby expressly repealed. et:�"� z " Cha ATTESTED: v • kx& utive Secretary Filg4 in the Office of the City Secretary, Fort Worth, Texas, this Z/ day of Aln -5 � ilf/I —City Secretary 0% 38.