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ORD 1972-07 - Subdivision regulationsSECTION 11 „ „ 11 It SUBDIVISION ORDINANCE CITY OF KUNTSVILLE- Ordinance 72.07 1 Authority Page 1 2 Purpose Page 1. 3 Definitions Page 1 4 Special Provisions Page 5 5 Variances Page 6 6 Preliminary Conference Page 7 7 Preliminary Plat Page 7 8 Processing of Preliminary Plat Page 9 9 Final Plat Page 10 20 Processing of Final Plat Page 12 11 Recording of Final Plat Page 14 12 Subdivision of large tracts Page 14 23 Progressive Completion, Certification Page 15 14 Standards and Specifications Page 15 15 Responsibility for street and Utility Installation Page 22 16 Parks, Playgrounds, Schools and other Public Facilities Page 23 17 Regulations for "Townhouse Sub- divisions" Page 24 18 Regulations for Cluster Plan Sub- divisions Page 26 29 Authority of Commission and City Engineer Page 28 20 Large Scale Neighborhood Develop- ment Page 28 21 Penalties Page 29 22 Savings Clause Page 29 23 Publication and Effective Date Page 29 -1- ORDINANCE NO. t a.- il AN ORDINANCE ESTABLISHING RULES AND REGULATIONS GOVERNING THE PLATTING OR REPLATTING OF LAND INTO SUBDIVISIONS WITHIN THE CITY OF HUNTSVILLE, TEXAS, AND WITHIN ITS AREA OF EXTRA- TERRI- TORIAL JURISDICTION; PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF SUCH RULES AND REGULATIONS; REPEALING ANY OTHER ORDINANCES, AND PARTS OF ORDINANCES IN CONFLICT THEREWITH; FIXING PENALTIES FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: SECTION 1. AUTHORITY This ordinance is adopted under the authority of the Constitution and laws of the State of Texas, including particularly Article 974a, Vernon's Texas Civil Statutes (V.T.C.S.); Platting and Recording Subdivisions or Additions, as heretofore or herein- after amended; Article 970a, V.T.C.S., Texas Municipal Annexation Act as heretofore or hereinafteip amended; Article 427b, V.T.C.S., County Clerk's Failure of Duty in Recording Plats, Vernon's Penal Code; Article 6626, V.T.C.S., What May Be Recorded; Article 1137h, V.T.C.S., Recording Map or, Plats of Subdivisions of Real Estate, Vernon's Penal Code; and all other ordinances in con- flict herewith are hereby repealed and the following prescribed regulations shall be in full effect. SECTION 2. PURPOSE The purpose of this Ordinance is to provide for the orderly, safe and healthful development of the area within the City and in the area surrounding the City and to promote the health, safety, morals and general welfare of the community. SECTION 3. DEFINITIONS For the purposes of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning ascribed to them in this Section. When not inconsistent with the context, words used in the present tense include the future, words'tised in the singular number include the plural; and words used in the plural number include the singular. Definitions not expressly prescribed herein are to be determined according to cus- tomary usage. 2. BLOCK: A "block" is a tract or parcel of land desig- nated as such on a duly recorded plat and may be entirely surrounded by public streets or by a combination of public streets and public parks, cemeteries, railroad right -of- ways, or natural or man -made physical features that disrupt what would otherwise be an unbroken landscape (for example, ditches, gullies, ridges, et cetera). BUILDING: A "building" is any structure which is built for the support, shelter, or enclosure or persons, animals, chattels, machinery, equipment, or movable property of any kind. BUILDING LINE OR BUILDING SETBACK LINE: The term "building line" or "building setback line" shall refer to a line parallel to the street right -of -way line and defines an area on the lot between the street right -of -way line and the building line within which no building shall be constructed. CITY: The word "city" shall refer to the Municipal Corporation, City of Huntsville, Texas. CITY COUNCIL: The words "City Council" shall mean the auly and constitutionally elected governing body of the City of Huntsville, Texas. PLANNING AND ZONING COMMISSION: The word "Commission" shall mean the duly organized hndlr of citizens of the City of Huntsville, Texas appointed by. the Mayor with the - approval of the City Council. CITY MANAGER: The words "City Manager" shall mean the person employed as the chief administrative officer of the City of.Huntsville, Texas, and duly appointed by the Mayor with the approval of the City Council. CITY ATTORNEY: The words "City Attorney" shall mean the person employed as City Attorney of the City of Huntsville, Texas and duly appointed by the Mayor with the approval of the City Council. CITY ENGINEER: The words "City Engineer" shall mean the person employed as City Engineer of the City of Huntsville, Texas duly appointed by the City Administrator with the approval of the City Council. COUNTY: The word "County" shall refer to the County of Walker, Texas. CROSSWALK: A public right -of -way not more than six (6) feet in width between property lines which provides pedestrian. circulation. CUL -DE -SAC: A street having but one outlet to another street and terminated on the opposite and by a vehicular turn- around. DEAD -END STREET: The term "dead -end street" means a street, other thean a cul -de -sac, with only one outlet. DOUBLE FRONT LOT: A "double front lot" means a building lot, not a corner lot, which has frontage on two streets that are parallel or within forty-five (45) degrees of being parallel to each other. ENGINEER: The word "Engineer" means a person duly authorized and licensed under the provisions of the Texas Engi- neering Registration Act, as heretofore or hereinafter amended, to practice the profession of engineering. EASEMENT: The word "easement" means a strip of land reserved for the use of the public by the grantor, usually at the rear or side of lots or parcels of land, in which to install and maintain utility lines, drainage ditches or channels, or for other city or public services; the ownership or title to the land encompassed by the easement being retained by the owner. EXTRATERRITORIAL JURISDICTION: Within the t erms of the Municipal Annexation Act, Article 970a V.A.T.S., and Platting and Recording Subdivision or Additions, Article 974a, V.A.T.S., the term "extraterritorial jurisdiction" means the incorporated area, not a part of any other city, which is contiguous to the corporate limits of the City of Huntsville, the outer boundaries of which are measured from the extremeties of the corporate Limits of the City outward for such distances as stipulated in Articles 970a and 974a, V.A.T.S., in which area, within the terms of the Act, the City may enjoin the violation of its subdivision control ordinance. FILING DATE: The term "filing date" shall refer to the date which is thirty (30) days prior to the regular meeting of the Commission at which the subdivision plat (preliminary or Final ) is to receive consideration. FILING FEE: The term " filing fee" shall refer to the prescribed plat and lot fee rates, as hereinafter stipulated, to accompany the filing with the Commission on preliminary and final subdivision plats. FINAL PLAT: The term "final plat" shall refer to the map or plan of a proposed subdivision submitted to the Commission on or before the "filing date" as the term is defined herein, for approval by the Commission, and said plat shall be prepared in accordance with this ordinance. FRONT OR FRONTAGE: The term "front" or "frontage ", shall be that portion of a tract of land which abuts on a public street to which it has direct access. LAYING OUT A SUBDIVISION: The division of any tract or parcel of land into two or more parts for the purpose of sale or building development involving the laying out of suburban lots or building lots, or any lots, streets or parts or other portions intended for public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto. LOT: The word "lot" refers to a physically undivided tract or parcel of land having frontage on a public street and which is, or in the future may be, offered for sale, conveyance, transfer, lease, or improvements, which is designated as a distinct tract symbol on a duly approved subdivision plat which has been properly recorded. LOT DEPTH: The "Lot Depth" is the length of a straight line connecting the mid -point of the front and rear lot lines. LOT WIDTH: The "lot width" is the averaoe length of the front and rear property lines. MAJOR CHANNEL: Any channel which has a flow of over 500 cubic foot per second on a five year flood basis shall be considered a major channel. MASTER PLAN: The term "master plan" shall refer to the Comprehensive City Pian, or "Walker Area Plan ", and adaptations, amendments, or supplements thereto, which has or have been adopted in principal by the Commission as a guide to future development of the City of Huntsville and its surrounding area. MAY: The word "may" is permissive. PLAT: The term "plat" means a map, drawing, chart, or plan showing the layout of a proposed subdivision into lots, blocks, streets, parks, school sites, commercial or industrial sites, drainage ways, building lots, easements, alleys, or any similiar type of plot, which a developer submits for- approval and a copy of which he intends to record in final form. PAVEMENT WIDTH: The term "pavement width" means the portion of the surface of a street available for vehicular traffic where curbs are laid, it is the portion between the face of curbs. PERSON: The term "person" means any individual asso- ciation, firm, corporation, governmental agency, or political subdivision. PRELIMINARY PLAT: The term "preliminary plat" means the first or introductory plat of a proposed subdivision. PRELIMINARY PLAT MASTER: The term "master preliminary plat" means the first or introductory plat of a proposed subdivision where a subdivider intends to submit fractional final plats. PUBLIC EASEMENTS: A "public easement" is a right granted or dedicated to the public or governmental agency in, on, across, over or under property for specified use or uses by an instrument or map duly recorded in the records of the County Clerk of Walker County, Texas. PUBLIC STREET: A "public'street" is a right -of -way dedicated to public use for pedestrian and vehicular traffic and public utility purposes. RESERVE: The word "reserve" shall refer to a tract, parcel or unit of land not physically divided, having frontage on a public street, which is proposed and intended for other than single- family residential use and which is, or in the future may be, offered for sale, conveyance, transfer, lease or improvements and which is designated as a distinct separate tract and which is identified by reserve symbol on a duly appiuved subdivision plat which has been properly recorded with the County Clerk of Walker County, Texas. SHALL: The word "shall" is always mandatory. STREET: A public right -of -way, however, designated, which provides primary vehicular access to adjacent land. (1) An "arterial street" primarily provides vehicular circulation to various sections of the City. (2) A "collector street" primarily provides cir- culation within neighborhoods, to carry traffic from minor streets to arterial streets, or to carry traffic through or adjacent to commercial or industrial areas. (3) A "minor street" is one used primarily for access to abutting residential property. SIDEWAL2: The worn "sidewalk" means a minimum forty- ezgnt (48) inch width Portland cement paved pedestrian walkway extending for the entire length of a block of blocks parallel to a street right -of -way line or street pavement edge, which walk- way shall be constructed within the right -of -way of any public street. SUBDIVISION: The division of any tract or parcel of land into two or more parts or lots for the purpose of laying out a subdivision, whether immediate or future, whether lard use to bares d tial, ammerrial, industrial,or any other use, for •sale or building development or transfer of ownership. The word subdivision includes re- subdivision, but shall not include the division of lard for agricultural purposes that is in parcel of tracts cf five (5) or more acres, and does not involve the laying out of a new street., alley or access easement. RE- SUBDIVISION: Re- Subdivision shall mean the: division of an existing subdivision, and includes any change cf any lot size or relocation or change in any street line. SUBDIVIDER: Any person or any agent thereof, dividing or proposing to divide land so as to constitute a subdivision as that term is defined herein. In any event, the term "subdivider" shall be restricted to include only the owner, equitable owner or authorized agent of such owner or equitable owner, of lard sought to be subdivided. SURVEYOR: The term "surveyor" means a licensed Sta Surveyor or a Registered Public Surveyor, as authorized by the Texas Land`Surveyors Registration Act. UNRESTRICTED: The word "unrestricted" shall be used to label or designate land proposed to be used for a purpose not consistent with the proposed use of the major portion of the sub - division. SECTION 4. SPECIAL PROVISIONS 4.01 No permit shall be issued by the City for the install at ion of septic tanks upon any lot in a subdivision for which a final plat has not been approved and filed for record, or upon any lot in a subdivision in which the standards contained herein or referred to herein have not been, complied with in full. 4.02 No building, repair, plumbing, or electrical, permit shall be issued by the City for a structure on a lot in a subdivision for welch a final plat has not been approved and filed for record, nor for any structure on a lot within a subdivisior•. in which the standards contained herein or referred to herein have not bee complied with in full. 4.03 The City shall not repair, install, maintain, or provide any streets or public utility services, in any subdivisiod for which a final plat has not been approved and filed for record nor in which the standards contained herein or referred to herein have not been complied with in full. 4.04 The City shall not sell or supply any water, electricity, or sewerage service within a subdivision for which a fihai Plat has not been approved and filed. for record, nor in which the stanndards contained herein or referred to herein have not ,,..en c c r- t i i u ti w i r h in fill' 4.05 In behalf of the City, the City Attorney shall, when dir ct_:. by the City Council, institute appropriate action in a con.at of competent jurisdiction to enforce the provisions „f this C___na..ce of the standards referred to herein with respect to any violation thereof, which occurs within the City, within the ..-.t_aterritorial jurisdiction of the City as such jurisdiction • iz. :_etcrmined under the Municipal Annexation Act, or within any area s•_'rject to all or part of the provisions of this Ordi :once. Provided, however, that the provisions of this Section shall pct be construed to prohibit the issuance of permits for c. lots which a residence building exists and was in exist.:.. :rror to passage of this Subdivision Ordinance, nor to prohibit _ ~ repair, maintenance, or installation of any street or public utility services for, to,or abutting any lot, the last recorded conveyance of which prior to passage of this Ordinance was by metes and bounds, and /or any subdivision, or lot therein, recorded or unrecorded, which subdivision was in existence prior to the passage of this Ordinance. SECTION 5. VARIANCES. The Planning Commission may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Commission shall prescribe only conditions that it deems necessary to or desirable in the public interest. In making the findings hereinbelow required, the Commission shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number_ of persons who will reside or work in the proposed subdivision, and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. No variance shall .be granted unless the Commission finds: (1) That there are special circumstances or conditions affecting the land involved such that the strict application of the pr visions of this Ordinance would deprive the applicant of the reasonable use of his land; and (2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; and (3) The granting of the variance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area; and (4) The granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this Ordinance. Such findings of the Commission, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the Commission meeting at which such variance is granted. Variances may be granted only when in harmony with the general 7 purpose and intent of this Ordinance so that the public health, safety and welfare may be secured and substantial justice done, Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship. SECTION 6. PRELIMINARY_ CONFERENCE Prior to the official filing of a preliminary plat, the subdivider shall consult with and present a proposed plan of subdivision to the City Engineer for comments and advice on the procedures, specifications, and standards required by the City for the subdivision of land. SECTION 7. PRELIMINARY PLAT 7.01 The subdivider shall cause to be prepared a preliminary plat in accordance with the provisions of this Ordinance. 7.02 The preliminary plat shall be drawn to a scale of one hundred (100) feet to one (1) inch and shall show the following: (1) Proposed name of the subdivision, which shall not have the same spelling as or he pronounced similiar to the name of any other subdivision located within the City or within its area of extraterritorial jurisdiction, unless the subdivision is contiguous to a recorded subdivision and the plat represents an additional installment or increment of the original subdivision. (2) Description by metes and bounds of the subdivision. (3) Acreage and number of lots within the subdivision. (4) Names and addresses of the subdivider and record owner, engineer and /or surveyor. (5) Date of preparation, scale of plat and north arrow. (6) Vicinity sketch or map at a scale of not more than one (1) mile to an inch which shall show the relation of the sub- division to well -known streets, railroads, and water courses in all directions to a distance of at least one (1) mile. (7) Subdivision boundary lines, indicated by heavy lines. (8) Names of contiguous subdivisions and the owners of contiguous parcels of unsubdiv.i_ded land, and an indication of whether or not contiguous properties are platted. (9) Primary control points or descriptions, and ties to such control points to which all dimensions, angles, bearings, block numbers and similar data shall be referred. (10) Location of city limits line, the outer border of the city's extraterritorial jurisdiction, and zoning district boundaries, if they traverse the subdivision, form part of the boundary of the subdivision, or are contiguous to such boundary. 8 (11) Topographical information shall include contour lines on a basis of five (5) vertifcal feet in terrain with a slope of two (2) percent or more, and on a basis of five (5) vertical feet in terrain with a slope of less than two (2) percent. (12) Existing sites as follows: (a) The location, dimensions, name and description of all existing or recorded streets, alleys, reservations, easements, or other public right- of-ways within the subdivision, intersecting or contiguous with its boundaries or forming such boundaries. (b) The location, dimensions, description and name of all existing or recorded residential lots, parks, public areas, permanent struc- tures and other sites within or contiguous with the subdivision. (c) The .location, dimensions, description, and flow line of existing water courses and drainage structures within the subdivision or on contiguous tracts. (d) The location, dimensions and identification of each type of public utility installation either presently on the property or adjacent sites. (13) The approximate location, dimensions and description of all proposed streets, utilities, drainage structures, parks, other public areas, reservations, easements or other right -of -ways, blocks, lots and other sites within the proposed subdivision. (14) If underground utilities are proposed, the sub- divider must present evidence of agreement to furnish from the telephone, electric and T.V. cable suppliers. (15) A number or letter to identify each lot or site and each block. (16) Designate any sites for churches, sewage disposal plants, water plants, .business, industry, or other special land uses. If proposed use is unknown, designate as unrestricted. (17) Location of all building lines on all lots and sites within the subdivision. (18) Names of all proposed streets, which shall not have the same spelling or be pronounced similar to the name of any other street located within the City or within its area of extraterri- torial jurisdiction unless such proposed street is an extension of an existing street, in which case it shall be named the same as the existing street. SECTION 8. PROCESSING OF PRELIMINARY PLAT 8.01 Formal Application for preliminary plat approval shall be made by the subdivider in writing, and be submitted to the City Engineer. 8.02 The Subdivider shall submit six (6) copies of the preliminary plat to the City Engineer at least twenty (20) days prior to the date on which formal application for preliminary plat approval is made. 8.03 The City Engineer shall have up to twenty (20) days after receipt of said preliminary plat and application for pre- liminary plat approval within which to check the same for con- formity with the standards and specifications contained or re- ferred to herein. He shall then submit the preliminary plat, with his recommendations as to modification alterations or addi- tions, along with the formal application for preliminary plat approval to the Commission. 8.04 Each plat submitted for preliminary plat approval shall be accompanied by a filing fee of five ($5.00) dollars, plus twenty -five ($0.25) cents per lot, plus one ($1.00) dollar per acre for other areas not subdivided into normal residential lots. No action shall be taken by the commission until the tiling fee has been paid. The filing fee shall not be refunded should the subdivider fail to make formal application for preliminary plat approval or 'should the plat be disapproved. 8.05 The Commission shall review the preliminary plat as to its conformity with the .standards and specifications set forth herein or referred to herein. 8.06 Within thirty (30) days after the preliminary plat and the formal application for preliminary plat approval is filed, the Commission and City Engineer shall conditionally approve or disapprove such plat or conditionally approve it with modifi- cations, the Commission shall inform the subdivider, in writing, of the reasons for such action. 8.07 Conditional approval of a preliminary plat by the Com- mission shall be deemed an expression of approval of the layout submitted on the preliminary plat as a guide to the preparation of the final or record plat. Conditional approval of a preliminary plat shall not constitute automatic approval of the final plat. 8.08 Conditional approval of a preliminary plat will expire six (6) months from the date of approval by the Commission, except that if the subdivider shall apply in writing prior to the end of such six (6) months period, stating the reasons for needing an extension, this period may be extended for another six (6) months, but not beyond a total of one (1) year. SECTION 9. 10 FINAL PLAT 9.01 The final plat and accompanying data shall conform to the preliminary plat as conditionally approved by the. Commission and the City Engineer incorporating any and all changes, modifications, alterations, corrections and conditions imposed by the Commission. 9.02 The final plat shall be drawn in a permanent ink on cloth or film sheets twenty -four (24) inches wide and thirty -six (36) inches long, with a binding margin of not less than two (2) inches on the left side of the sheet and margins of not less than one inch on the other three sides. The plat shall be drawn at a scale of one hundred (100) feet to one (1) inch. where more than one sheet is necessary to accomodate the entire area, an index sheet showing the entire subdivision at an appropriate scale shall be attached to the plat. 9.03 The final plat shall contain all of the features required for preliminary plats in Section 7, except topographical map; and it shalt be accompanied by site improvement data bearing the seal of a registered professional engineer and detailed costs estimates of streets, storm and drainage, water, and sewer facilities to be installed. 9.04 In addition to the various requirements for the preliminary plat, the final plat shall also include the following: (1} The exact location, dimensions, name and descrip- tion of all existing or recorded streets, reser- vations, easements, or other public right -of -ways within the subdivision, intersecting or contiguous with its boundary or forming such boundary, with accurate dimensions, bearing or deflecting angles and radii, area, and central angle, degree of cur- vature, tangent distance and length of all curves where appropriate. (2) The exact location, dimensions, description and name of all proposed streets, drainage structures, parks, other public areas, reservations, easements or other right -of -ways, blocks, lots and other sites within the subdivision with accurate di- mension, bearing of deflecting angles and radii, area, and central angles, degree of curvature, tangent distance and length of all curves where appropriate. 9.05 The final plat shall also include the following: (1) A certificate of ownership and dedication. See Exhibit "A ". (2) The certificate of the registered engineer or licensed surveyor who surveyed and monumented the subdivision. See Exhibit "B ". 11 9.06 when filed, the final plat shall be accompanied by the following data. All plans and engineering calculations shall bear the seal and signature of an engineer. (a) Streets, Sidewalks, Crosswalk Ways and Monuments Copies of plans and profiles of all streets, side - walks, crosswalk ways, and monument, and 4 copies of proposed plans and specifications. (b) Sanitary Sewers (1) Four (4) copies of the proposed plat, showing 2 foot contours and the location and di- mensions of existing sanitary sewer lines. (2) Four (4) copies of the plans and profiles of proposed sanitary sewer lines, indicating depths and grades of lines. (3) When a seaprate sewer system or treatment plant other than that provided by the City of Huntsville is proposed, 4 copies of proposed plans and specifications (4) Four. (4) copies of detailed cost estimates. (c) Water Lines (1) Four (4) copies of the proposed plat showing 2 foot contours and the location and size of existing water lines and fire hydrants. (2) Four (4) copies of the plans and profiles of all proposed water lines and fire hydrants, showing depths and grades of the lines. (3) When a separate water system is planned, or when connection is proposed to a water system other than to the City of Huntsville water systems, 4 copies of the plans, including fire hydrants, of the proposed system. (d) Storm Drainage (1) Six (6) copies of the proposed plat, indicating 2 foot contours based on the City of Huntsville datum. All street widths and grades shall be indicated on the plat, and runoff figures shall be indi- cated 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. (2) A creneral location map of the subdivision showing the entire watershed (a U.S.G.S. quadrangle is satisfactory). 12 (3) Calculations showing the anticipated storm water flow, including watershed area, per cent runoff and time of concentration. When a drainage ditch or storm sewer is proposed, calculations shall be submitted showing basis for design. (4) Anytime concentration exceeds 10 cubic feet per second; drainage structures shall be required,and waters of this concentration shall not be allowed to dump on public streets or adjacent property except through approved drainage structures. (5) No buildings shall be built on either side of a major channel and streets shall run on each side of major channels.. (6) When a drainage channel or storm sewer is proposed, complete plan profiles and specifications shall he submitted, showing complete construction details. (7) When conditions upstream or downstream from a proposed channel or storm sewer do not permit maximum design flow, high water marks based on a twenty -five year frequency, shall be indicated based on existing conditions. (8) Four (4) copies of detailed cost estimates. (e) The final plat shall also include the following: (1) Owner's.Acknowledgement and Dedications. (2) Certification by the City Engineer that all requirements of this Ordinance have been met. (3) Approval of the Commission. SECTION 10. PROCESSING OF FINAL PLAT 10.01 If desired by the subdivider and approved by the Commission, the final plat may constitute only that portion of the approved preliminary- glatwhich he proposes to record and develop. However, such portion shall conform to all the requirements of this Ordinance. However, such portion or portions of the subdivision for which the final plat is drawn and submitted for approval shall be in successive order of development as exhibited on the previously approved pre- liminary master plat. All street, water, sewer and storm drainage facilities shown on the final plat shall be constructed in their entirety or acceptable surety provided before acceptance by the Commission and before such final plat is recorded in the tax office of the County Clerk, 10.02 After the subdivider is notified of the approval of the preliminary plat, he may submit to the Commission, at a regularly scheduled meeting, the final plat of the subdivision or portion thereon. 10.03 No final plat will be considered unless a preliminary plat has been submitted. However, if an approved plat has been duly recorded and the subdivider wishes to increase the size of the lots by combining two or more lots or by combining one lot with a portion of the adjacent lot in such manner that no portion of a Lot remains smaller than the original lots, no preliminary plat will be necessary. 13 10.04 A final plat of an approved preliminary plat or a portion thereof shall be submitted to the Commission within six (6) months from the date of approval of preliminary plat, otherwise the approval of the Commission shall become null and void, unless an extension of time is applied for and granted by the Commission. 10.05 Formal application for final plat approval shall be made by the subdivider in writing to the Commission at a regularly scheduled meeting. 10.06 The Subdivider shall submit the original tracting and three (3) legible prints, and formal application for final plat at least seven (7) days prior to the date on which formal appli- cation for final plat is to be made to the Commission. 10.07 Each plat submitted for final plat approval shall be accompanied by a filing fee of ten ($10.00) dollars, plus fifty ($0.50) cents per lot, plus two ($2.00) dollars, per acre for other areas not subdivided into normal residential lots. No action shall . be taken by the Commission until the filing fee has been paid. The filing fee shall not be refunded should the subdivider fail to make formal application for final plat approval or should the plat be disapproved. 10.03 Prior to the approval of the final plat, the subdivider of any subdivision wherein public streets or easements are shown crossing private easements or fee strips shall, by letter to the Commission assume responsibility for seeing that any adjustments and protection of existing pipelines, electrical transmission lines, or other facilities shall be planned and provided for to the satisfac- tion of the holder of the private easements or fee strips and the City Engineer prior to the filing of the plat for record. 10.,09 The Commission shall review the final plat as to its conformity with the standards and specifications set forth herein or referred to herein. 10.10 The Commission shall approve the final plat if it conforms to the standards and specifications set forth herein or referred to herein, and if all changes, modifications, alterations, corrections and conditions imposed by the Commission have been satisfied. 10.11 • The Commission shall disapprove the final plat if it does not conform to the standards and specifications set forth herein or referred to herein, or if all changes, modifications, alterations, corrections and conditions imposed by the Commission have not been satisfied. If the final plat is disapproved, the Commission shall inform the subdivider in writing of the reasons. 10,12 If the Commission fails to either approve or disapprove the final plat within thirty (30) days from the date of formal appli- cation for final plat approval, the plat shall be automatically approved. 14 SECTION 11. RECORDING OF FINAL PLATS 11 .01 After the final plat has been finally approved, the Com- mission shall cause the final plat to be recorded with the County Clerk or clerks in the county or counties in which the subdi- vision lies. No plat shall be filed for record without written con- sent of the subdivider. I.f the subdivider fails to give such written consent within thirty (30) days of the date of final approval of the plat, the Commission may at any time thereafter cancel such approval 11.12 Prior to the recording of the final plat the subdivider shall meet the following requirements. (1) The subdivider shall submit to the Commission a check in the amount of the recordation fee. (2) The subdivider shall obtain from the holder of any private easement or fee strip within the sub- division, crossed by proposed streets or other public easements, an instrument granting to the public the use of said public streets or easements over and across said private easements or fee strips for construction, operation, and maintenance of those public facilities normally using the. type of public streets and easements indicated. This instrument shall be delivered to the Commission to be filed . for record along with the plat. (3) The subdivider shall furnish the Commission with a letter from the holder of the private easements or fee strips in question stating that arrangements for any required adjustments in pipelines, electric transmission lines, or other similar facilities have been made to the satisfaction of the holder of the easement. (4) The subdivider shall provide the Commission with a letter from the City Engineer stating that arrangements for all matters pertaining to any necessary adjust- ments have been made to the satisfaction of that Department. SECTION 12. SUBDIVISION OF LARGE TRACTS Where the proposed subdivision constitutes a unit of a larger tract owned by the subdivider, which is intended to be subsequently subdivided as additional units of the same sub- division, the preliminary and final plats shall be accompanied by a layout of streets, and land usage. The overall layout, if approved by the Commission, shall be attached to and filed with a copy of the approved subdivision plat in the permanent files of the Commission. Thereafter, plats of subsequent units of such subdivision shall conform to such approved overall layout, unless subsequently changed, and approved by the Commission. 15 Section 13: Progressive completion, certification. A subdivision may be developed in stages as to any section therein; however, no building permit for construction of any improvement on any lot therein shall be issued by the City of Huntsville, unless and until the City Engineer shall certify that the street servicing the lot upon which such improvements are proposed to be built have been completed in accordance with the standards and specifications of this ordinance and that all water, sewer or other utilities have been installed and are available for service to the lot upon which such improvement are proposed to be built. SECTION 14. STANDARDS AND SPECIFICATTIONS: No preliminary or final plat shall be approved by the Commission unless it conforms to the following standards and spec - fications. 14.01 STREETS: (1) Adequate streets shall be provided by the subdivider and the arrangement, character, extent, width, grade and location of each shall conform to the compre- pensive plan of the City and shall be considered in their relation to existing and planned streets, to raphical conditions, to public safety and con- venience, and in their appropriate relationship to the proposed uses of land to be served by such streets. The Street layout shall be devised for the most advantageous development of the entire neighborhood. (2) Existing streets in adjoining areas shall be con- tinued, and such extensions shall be at least as wide as such existing streets, and in alignment therewith. (3) Where adjoining areas are not subdivided, the arrange- ment of streets in the subdivision shall make provision for the proper projection of streets into such un subdivided areas. 14.02 ARTERIAL STREETS: (1) Arterial streets shall have a right -of -way width of at least seventy (70) feet; however, arterial streets having a right -of -way width of less than seventy - five (75) feet shall be.increased to a width of seventy five (75) feet for a distance of one- hundred -fifty (150) feet at the approach to a major street inter- section, with a transition back to normal right -of- way over a distance of an additional one-hundred fifty (150) feet. 16 (2) Curves in arterial streets shall have a cen line radius of two thousand (2,000) feet or more. Reverse curves shall be separated by a minimum tan- gent of one hundred (100) feet. 14..03 COLLECTOR STREETS (1) Collector streets shall have a right - of -way at least fifty (50) feet. (2) Curves in collector streets shall have a center line radius of eight hundred (800) feet or more. 14..04 MINOR STREETS (1) Minor streets shall have a minimum ri- ;ht -of -way width of fifty (50) feet. (2) Reverse curves in minor streets shall have a center line radius of three hundred (300) feet or more. (3) Minor street offsets, when approved by the Com- mission, must offset a minimum distance of 125 feet on center line. 14 .05 STREET PAVEMENT All streets of any type shall be paved in accordance with the standards established by the Commission. 14.06 STREET INTERSECTIONS 14 (1) All streets shall intersect at a 90- degree angle; however, variations may be approved by the Com- mission. (2) Acute angle intersections approved by the Com- mission are to have twenty -f.ive (2.5) foot radii at acute corners. (3) Street intersections with or extending to meet an existing street will he tied to the existing street on center line with dimensions and bearings to show relationship. CULS -DE -SAC (1) Cuts -de -sac shall not exceed sin hundred (600) feet in length, and shall have a turn- around of not less than one hundred (100) feet in diameter in residential areas, and not less than one hundred forty (140) feet in diameter in m mmercial. and in- dustr.ial areas. 17 (2) Temporary turn - arounds shall be provided at the- end of a street that will be extended in the future, where such street exceeds four hundred (400) feet in length. The following note shall be placed on the final plat when a temporary turn - around is provided. 14.08 Dead -end streets shall be prohibited except where such street is required in accordance with Section 14.01 (3). In such cases the dead -end street shall not exceed six hundred (600) feet in length. 14,09 Partial or half - streets shall be prohibited.. 14.10 A provisional one -foot reserve shall be used along the side or end of streets that abut acreage tracts and noted as follows: "One (1) foot reserve to become automatically de- dicated for street purposes when adjacent property is subdivided in a recorded plat." 14.11 CURBS AND GUTTERS Curbs and gutters shall be installed by the subdivider on both sides of all interior streets, and on the subdivision side of all streets forming part of the boundary of the subdivision in accordance with the Standards established by the Commission. 14.12 STREET NAMES Names of new streets shall not duplicate or cause con - fusion with the names of existing streets, unless the new streets are a continuation of or in alignment with existing streets, in which case names of existing streets shall be used. 14.13 STREET LIGFITS Street lights shall be installed by the subdivider at all street intersections within the subdivision in accordance with Standards established by 'the Commission. 14.14 The block length in residential areas shall not exceed twelve hundred (1200) feet nor less than six hundred (600) feet. The block length along an arterial street shall not exceed six- teen hundred (1,600) feet. 18 14.15 Alleys shall be prohibited. 14 .16 LOTS (1) All lots shown on the plat will be for residential purposes unless otherwise noted. (2) Side lot lines should be perpendicular or radial to street frontage and the following note may be used in lieu of bearings: "All side lot lines are either perpendicular or radial to street frontage unless otherwise noted." 14.17 MINIMUM LOT SIZES (1) No lot shall be less than sixty (60) feet in width nor less than one hundred (100) feet in depth, un- less otherwise herein provided. (2) Radial lots fronting on the turn - around of a cul- de -sac shall have a minimum width of sixty (60) feet at the building line; provided. however, such lots shall have an average width of at least six (60) feet. for a total of 6,000 square feet. (3) Corner lots shall have a width of net less than eighty (80) feet. (4) The minimum usable depth of lots backing or fronting on a natural drainage easement shall be seventy (70) feet, measured between the drainage easement and the front or rear lot line. Lots containing a natural drainage easement shall have a usuable depth of not less than seventy (70) feet, measured between the drainage easement and the front or rear lot line. Where such natural drainage easements are not parallel to the front or rear lot lines the minimum depth shall be computed as the average of the sum of the distances as measured along the side lot lines. (5) Lots not served by sanitary sewer shall conform to the requirements of the Texas Department of FIealth as to lot area for approved septic tanks. 14.1g BUILDING LINES Building lines or set -back lines shall be established and so indicated on all subdivision plats as below stipu- lated: (1) Corner Lots (a) A minimum building set back of 25 feet shall be provided on the front and 15 feet on the side of all corner commercial, industrial and residential lots that side upon minor streets. 19 (b) A minimum building set back of 23 feet shall be provided on the front and 20 feet on the side, of all corner commercial, industrial and re- sidential lots that side upon collector streets unless specific building lines are otherwise established by City of Huntsville Ordinance upon a designated secondary street. (c) A minimum building set -back of 25 feet shall be provided on the front and Z5 feet on the side of all corner commercial, industrial and re- sidential lots that side upon arterial streets unless specific building lines are otherwise established by City of Huntsville Ordinance upon a designated major street. (d) A minimum building set -back of 5 feet shall he provided on the back of all corner commer cial, industrial and residential lots, said 5 feet to be measured from the back property line or from the interior easement line if there be one. (2) Interior Lots (a) A minimum building set -back of 25 feet shall be provided on the front of all interior commer- cial, industrial and residential lots, unless otherwise established by City of Huntsville Crdinance. (b) A minimum building set back of 5 feet shall be provided on the back of all interior commercial, industrial and residential lots, said 5 feet to be measured from the back property line, of from the interior easement line if there be one. 14.19 EASEMENTS (1) Easements for drainage adjacent to lots, tracts, or reserved shall be noted: "This easement shall be kept clear of fences, buildings, planting and other obstructions to the operations and maintenance of the drainage facility, and abutting property shall not be permitted to drain into this easement except by means of an approved drainage. structure." (2) Each block shall have a utility easement at the rear of all lots reserved for the use of all public utility lines, conduits, and equipment. These utility easements shall be 20 feet in width, taking 10 feet from each lot where the rear of two lots abut each other, and shall be continuous for the entire length of the block. These ease- ments shall parallel as closely as possible the street line frontage of the block. 20 (3) The location and width of sanitary sewer system, water, storm sewer, electrical, anchor, or other City utility easements shall be determined by the City Enc4neer. (4) Where easements are required for other than public utilities, then the location and width shall be acceptable to the private utility company with the approval of the Commission. (5) Where any public or private utility line is required to be adjusted in location or elevation, then the subdivider shall cause such changes to be made with the approval of the City Engineer. (6) Where the proposed subdivision adjoins an unplatted area, and a utility easement is dedicated on the unplatted property, then the owern and /or lien holder shall join in the dedication of the easement. (7) Normal curb exposure shall be required where utility easements intersect streets. (8) Where utility easements are not themselves straight within each block or if the same do not connect on a straight course with the utility easements of adjoining blocks, then an additional easement shall be provided for the placing of guy wires on lot division lines in order to support poles set on curbing or deviating right -of -ways. (9) All utility lines that pass under a street shall be installed before the street is paved. When it is necessary that utility lines pass under the street they shall be installed to a point at least 3 feet beyond the edge of the pavement. Written approval to cut street or install less than 3 feet beyond edge of street, shall be obtained from the City Engineer. 14.20 NUMBERING (1) Blocks shall be numbered consecutively within the over -all plat and /or sections of an over -all plat as recorded. (2) All lots shall be numbered consecutively within each block. Lot numbering may be cumulative throughout the subdivision if the numbering continues from block to block in a uniform manner that has been approved on an over -all preliminary plat. (3) All areas to be used for other than residential pur- poses shall be labeled as "Reserves" and shall be labeled alphabetically rather than numberically. 21 14.21 SIDEWALKS Sidewalks of minimum 4 foot width, in accordance with stan- dards established by the Commission shall be installed by the developer as follows: (1) On the subdivision side, or sides, of all thoroughfare or arterial streets. (2) As deemed necessary by the Commission in commercial, industrial, public grounds, and multi- family dwelling areas. 14.22 WATER INSTALLATIONS (1) Water Supply and Distribution. All subdivisions shall be provided with water supply and water distribution systems approved by the City Engineer in accordance with the Standards established by the State Board of Insurance and the State Departmnet of Health. (2) Standard fire hydrants shall be installed as part of the water distribution system on each street: within said subdivision, properly located on public property, at a spacing of every 300 feet in commercial areas and every 600 feet in residential areas, and that no building in the subdivision shall be more than 500 feet from a fire hydrant, in accordance with the Standards established by the State Board of Insurance and the State Department of Health. 14.23 SEWERS (1) All subdivisions shall be provided with an approved sewage disposal system approved by the City Engineer in accordance with the Standards established by the State Department of Public Health. (2) Connection with the sanitary sewer system shall be required except where the City Engineer determines that such connection will require unreasonable ex- penditures when compared with other methods of sewage disposal. When septic tanks are installed, the sub- divider shall conduct percolation tests under the supervision of the City Engineer in order to determine the adequacy of proposed lot sizes. If a sanitary sewage disposal system is to be installed, the plans for such system must be approved by the Texas State Health Department, and Texas Water Quality Control Board, prior to approval of the final plat by the Commission. 14.24 MONUMENTS (1) All block corners, angle points, and point of curve, and all corners of boundary lines of the subdivision shall be marked with concrete monuments. 22 (2) The exact intersection point on the monument shall be marked by a 3/4 inch diameter galvanized iron pipe 3 feet in length with the top of the pipe one inch (1 ") above the top of the concrete which shall be flush with the existing ground surface. (3) Where, due to to- pographic conditions, permanent structures, or other conditions, the view is obstructed between any two adjacent monuments, intermediate monuments shall be set so as to assure a clear view between adjacent monu- ments._ All such intermediate property corners shall be marked with reinforcing iron bars 1/2 inch in diameter. by 2 feet long driven nearly flush with the ground or counter -sunk slightly to avoid being disturbed. (4) All final plats must be in full accordance with the cer- tification signed by the engineer or surveyor in regard to the plat being properly staked on the ground and in compliance with requirements concerning the markers or monuments used. 14.25 DRAINAGE (1) Easement. Where a subdivision is traversed by a water course drainage way, natural channel or stream, there shall be provided an ease- ment or right -of -way conforming substantially to the limit of such water course, plus additional width to accomodate future needs. Drainage easements shall be determined by the City Engineer both as to location and width. (2) Drainage Facilities . Drainage facilities shall be provided and constructed as specified by the City Engineer in accordance with Standards established by this Ordinance and by the Commission, 14.26 CROSSWALK WAYS Crosswalk ways 6 feet in width shall be dedicated where deemed necessary by the Commission to provide circulation or access to schools, playgrounds, shopping centers, and transportation and other community facilities, or to provide pedestrian circulation within the subdivision. Crosswalk ways shall be provided with a concrete sidewalk 6 feet wide. SECTION 15 RESPONSIBILITY FOR STREET AND UTILITIES INSTALLATION 15.01 In general, the subdivider shall be required to construct, at his expense, all streets, sidewalks, crosswalks, sanitary sewers, sewage lift stations, septic tank or other sewage fa- cilities, water mains, and water systems, drainage culverts, storm sewers, street lights and other appurtenances in strict accordance with the Standards established by the Commission, necessary and required to adequately serve the subdivision or addition to be developed by him. 15.02 All streets, utilities and other appurtenances constructed by the subdivider shall become the property of. the City of Huntsville upon completion and acceptance by the City Engineer. 23 15.03 Upon the passage of this ordinance, it will be the policy of the City of Huntsville to participate with the subdivider in the cost of construction of such facilities where sizes and capacities of facilities are-requied-to service-urban-develop- ment of a larger area than that being subdivided or areas extending beyond the limits of the proposed subdivision to the extent hereinafter set forth; but the City reserves the right to consider each facility on its own merits. SECTION 16 PARKS, PLAYGROUNDS, SCHOOLS AND OTHER PUBLIC FACILITIES 16.01 Parks and Playgrounds. (A) Each subdivider who proposes to subdivide a tract of land 20 acres or more in size shall dedicate .0066 acre per person scheduled to live in the subdivision of such area as park area. (B) When an area designated on the master plan of the City of Huntsville and/or Walker County as amended or supplemented is contained in a proposed subdivision, the subdivider shall: (1) If the size of the subdivision is less than 20 acres, and an area designated as park area on the master plan of the City of Huntsville and/or Walker County as amended or supplemented, lies within such subdivision, the sub- divider shall reserve the area so designated for a period of time not to exceed giving the City the right to acquire the undeveloped tract at a pre-negotiated price. (2) If the size of the subdivision exceeds 20 acres, and an area designated as park area on the master plan of the City of Huntsville and/or Walker County as amended or supplemented lies within such subdivision and exceeds .0066 acre per person scheduled to live in the subdivision of the totalarea in the subdivision, the subdivider shall reserve such Wass area for a period of time not to exceed giving the City the right to acquire the excess area at a pre-negotiated price. 16.02 Schools. The location, size and shape of any proposed school site shall'be in accordance with the Master Plan of the. City of Huntsville, and/or Walker County as amended or supplemented, as approved by the Commission and finally accepted by the City Council. 16.03 Public Facilities and Other Special Land Uses. The location, size and shape of any proposed public facility or other special land use site shall be in accordance with the Master Plan of the City of Huntsville and/or Walker County, Texas, as amended. and supplemented, as approved by the Commission and finally accepted by the City Council. 24 16.04 The disapproval of any proposed park, playground, school, public facility or other special land use site, as above described by the Commission and/ or the City Council shall be deemed a refusal by the proper authority to accent the offered de- dication. SECTION 17 REGULATIONS FOR "TOWNHOUSE SUBDIVISION" A. Definitions (1) Townhouse: The term "townhouse" and "row house" shall be used interchangeably and shall mean a structure which is one of a series of dwelling units designed for single family occupancy, which are connected or immediately ad- jacent to each other. (2) Townhouse Subdivision: The term "townhouse sub- division" shall apply to those developments in which it is proposed to partition land into individual lots and construct townhouses which may be individually owned and where the minimum lot sizes are to be less than those required under Section 14 of this Ordinance. (3) Interior Street: The term "interior street" shall apply to public streets not more than 600 feet long within a "townhouse subdivision" which streets are located and designed to serve a limited area within such subdivision and shall not serve other properties outside the subdivision. (4) Access Street: The term "access street" shall apply to those public streets within or bounding a "townhouse subdivision" which serves a townhouse sub- division and other adjacent property. (5) Open Space: The term "open space" shall apply to private property under common ownership designated for recreation area, private park, play lot area, plaza area, building setbacks and ornamental area open to general view within the subdivision. Open space does not include streets, utility easements, and required building setbacks. B. Requirements (1) General. All those persons proposing or intending to develop a "townhouse subdivision" with the City of Huntsville, or within its area jurisdication shall com- ply with, the procedural requirements set out in Section 6 through 12 of this Ordinance. 25 (2) Streets: (a) Interior Streets, if dedicated to public use, shall have a minimum right of way width of 55 feet and shall be developed with a minimum of 36 foot paving Section with concrete curbs and gutters in accordance with City of Huntsville Construction Standards. (b) Access streets shall have a minimum right - of -way width of SO feet and shall be developed with a minimum 32 foot pavement section. (c) All "townhouse subdivisions" shall have direct access streets to at least one dedicated and accessible public street having a right -of -way width of not less than 50 feet. (3) Building Setback Lines: (a) Building setback lines of 20 feet shall be required on all lots fronting or backing on an access street. (b) No building setback lines shall be required on the sides of lots abutting interior streets, except where traffic safety or other factors necessitate the establishment of such setbacks. (c) Building setback lines of 20 feet shall be re- quired on all lots siding on access streets or upon a plat boundary. (d) Where townhouse lots and dwelling units are designed to face upon an open or common access court rather than upon a public street, said open or common court shall be at least forty feet (40') wide and not more than two hundred feet (200') long, measured from the public street upon which the court must open. Said Court may not include vehicular drives or parking area in front of dwelling units. (4) Lots: (a) Lot area shall be a minimum of 2;500 square feet. (b) Lot width shall be a minimum of 25 feet. (c) Dwelling units may be constructed up to side lot lines, and openings shall not face a side lot line unless the side wall of the dwelling units is at least 10 feet from the side lot line. (d) Lot size may be reduced under the provision that open space, as defined herein, be dedicated according to the following schedule: For every 100 square feet of open space per lot provided, the minimum lot area may be reduced by 200 square feet. No lot shall however, have a lot area of less than 2000 square feet, and a width of less than 25 fear_ 26 OPEN SPACE Per Dwelling MINIMUM Lot Area 0 2,500 sf. 100 2,300 200 2,100 250 2,000 (5) Utilities: All utilities such as sanitary sewer, water, gas, telephone, T.V. cable, and electrical shall be placed underground. SECTION 18 REGULATIONS FOR CLUSTER PLAN SUBDIVISION A. Definitions (1) Cluster Plan Subdivision: Residential structures arranged in related groups rather than being uniformly spread over an entire tract, and the remainder of the tract is left in its natural state. (2) Cluster Plan Subdivision: The term "Cluster Plan Subdivision" shall apply to those developments in which it is proposed to partition land into individual lots which lots may be individually owned and where the minimum lot size may be less than that required under Section 14 of this Ordinance, and the "saving" per lot, which results in a lot size smaller than that required under Section 14 of this Ordinance, shall be designated as permanent open space. (3) Interior Street: The term "Interior Street" shall apply to public streets within a cluster plan subdivision which streets are located and designed to- serve a limited area within such subdivision and shall not serve other properties outside the subdivision. (4) Access Street: The term "Access Street" shall apply to those public streets within or bounding a cluster plan subdivision which serve a cluster plan subdivision and other adjacent property. 27 (5) Open Space: The term "Open Space" shall apply to private property under common ownership designated for recreation area, private park, play lot area, plaza area, building set- backs and ornamental area open to general view within the subdivision. Open space does not include street, utility easements, and required building setbacks. B. Requirements. (1) General: All those persons proposing or intending to development a cluster plan subdivision within the City of Huntsville, or within its area jurisdiction shall comply with, the procedural requirements set out in Section 6 through Section 12 of this Ordinance. (2) Streets: (a) Interior Streets, if dedicated to public use, shall have a minimum right -of -way width of 55 feet and shall be developed with a minimum of 36 foot paving section with concrete curb and gutters in accordance with City of Huntsville Construction Standards. (b) Access Streets shall have a minimum right -of -way width of 50 feet and shall be developed with a minimum 32 foot pavement section. (c) All cluster plan subdivisions shall have direct access street to at least one dedicated and accessible public street having a right -of -way width of not less than 50 feet. (3) Building Setback Lines: (a) Building setback lines of 20 feet shall be required . on all lots fronting or backing on an access street. (b) No building setback lines shall be required on the sides of lots abutting interior streets, except where traffic safety or other factors necessitate the establish- ment of such setbacks. (c) Building setback lines of 20 feet shall be required on all lots siding on access street or upon a plat. boundary. (d) Where cluster plan lots and dwelling units are de- signed to face upon an open of common access court, rather than upon a public street, said open or common court shall be at least 40 feet wide and not more than 200 feet long, measured from the public street upon which the court must open. Said Court may not include vehicular drives or parking area in front of dwelling units. 28 (4) Lots: (a) Lot area shall be a minimum of 5,400 square feet. (b) Lot width shall be a minimum of 25 feet. (c) Dwelling Units may be constructed up to side lot lines, and openings shall not face a side lot line unless the side wall of the dwelling unit is at least 10 feet from the side lot line. (d) The difference between the minimum lot area provided for in Section 14 of this Ordinance, to -wit: 6,000 square feet, and the lot area as laid out in such subdivision, shall be permanently designated as open space and shall be either deeded directly as park area to the City, or the subdivider shall furnish evidence that an organization exists which will maintain said open space, and should said organization cease to exist or fail to maintain such open space, then the City shall have the authority to enter and maintain same. Utilities: All utilities such as sanitary sewer, water, gas, telephone, TV. cable and electrical shall be placed underground. SECTION 19, AUTHORITY OF COMMISSION AND CITY ENGINEER The Commission with the advise of the City Engineer may promulgate rules, regulations, standards and spec- ifications for the construction, installation, design, location and arrangement of streets, curbs, street lights street signs, utility layouts, utility easements, gates for utility easements, sidewalks, water supply and water distribution systems, fire hydrants, sewage disposal systems, septic tanks, water wells, monuments criteria for drainage easement requirements and drainage facilities. Such rules, regulations, standards, and specifications shall be filed with the City Clerk sixty (60) days before they become effective. No such rules, regulations, standards and specifications shall conflict with this or any other ordinances of the City of Huntsville, Texas. All such improvements shall be constructed, installed, designed, located and arranged by the subdivider in accordance with such rules, regulations, standards and specifications. SECTION 20. LARGE SCALE NEIGHBORHOOD DEVELOPMENT The standards and requirements of the regulations contained it this Ordinance may be modified by the Planning Commission in the case of a plan and program of development of a new town, a complete large residentia community of neighborhood unit or mass housing project, which contains adequate provisions for circulation, re- creation, light, air and service needs of the tract when fully developed and populated and equal to or better than the detailed reciuirements of these regulations in this 29 Ordinance and which also provides such covenants or other legal provisions as will assure conformity to the Master Plan of the City of Huntsville and /or Walker County. SECTION 21. PENALTIES Any person, firm or corporation violating any provision of this Ordinance within the corporate limits of the City of Huntsville shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in any sum not less than Ten and No /100 ($10.00) Dollars and not more than Two Hundred and No /100 ($200:00) Dollars, and each and every day or fraction thereof, which this Ordinance or any part thereof, shall be vio- lated, shall be deemed a separate offense and punish- able as such. Should any person, firm or corporation violate any provisio of this Ordinance within the extraterritorial jurisdiction of the City of Huntsville, the Commission, shall direct the City Attorney to bring suit in the District Court to enjoin such violation. ION 22. SAVINGS CLAUS:, If any provision, section,subsecti.on, paragraph, sentence, clause or phrase of this Ordinance or the application of same to any person, or set o: circumstances shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this Ordinance or their application to 'other persons or sets of circumstances and to this end, all provisions of this Ordinance are de. clared to be severable. SECTION 23.. PUBLICATION AND EFFECTIVE DATE This Ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Secretary is hereby directed, to give notice hereof by causing the caption of this Ordinance to be published in the official newspaper of the. City of Huntsville at least twice wherein ten (10) days after the passage of this Ordinance. This Ordinance shall be effective from and after pub -. iication as regn red by the City Charter. PASSED AND APPROVED THIS 1 day o 1972. ATTEST: SIGNED: A.D., City Secretary 6, 0 z a g ayo.